Section 22 — Ploughing of paths

Land Reform (Scotland) Bill: Stage 3 – in the Scottish Parliament at 10:45 am on 23rd January 2003.

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Photo of George Reid George Reid Scottish National Party 10:45 am, 23rd January 2003

Amendment 108 is grouped with amendments 109 to 118 inclusive and amendment 163.

Photo of Allan Wilson Allan Wilson Labour

The amendments in this group provide for the widening and reinstating of paths. Although ploughing is the land-management activity that is most likely to disturb a core path, there are other such activities. Our amendments widen the provision in the bill to make it apply to any disturbance of a core path.

There is no reason why reinstatement should not take place relatively quickly, so we propose to reduce the relevant period from eight weeks to 14 days. As that could result in different requirements, our amendments seek to apply section 22 to all rights of way. We propose to repeal the existing provision in the Countryside (Scotland) Act 1967. Amendment 163 seeks to achieve that.

I move amendment 108.

Photo of Alasdair Morgan Alasdair Morgan Scottish National Party

We welcome amendments 112 and 113, which are very sensible. The period of eight weeks would have been onerous and could have removed many paths in Scotland for a large part of the summer season.

The removal of the necessity to give notice under those circumstances is a reasonable move, which would reduce bureaucracy. There is not much point in giving notice of something seven days after it has been done, when it is to be undone another seven days later.

Photo of Bill Aitken Bill Aitken Conservative

We have no difficulty with the bulk of the amendments in this group. Amendment 113 is the only one that concerns us. The period that is stipulated is not nearly sufficient to resolve the difficulty in question.

On the basis of what I have intimated, Presiding Officer, you may wish to take the amendments in this group, excluding amendment 113, en bloc.

Photo of John Home Robertson John Home Robertson Labour

As I can imagine no circumstances in which good husbandry could justify the ploughing up of a core footpath, I am worried about the implications of the measure that is contained in section 22. Therefore, I urge the Executive to keep a close eye on whether some farmers or landowners try to take advantage of it.

Photo of Allan Wilson Allan Wilson Labour

The time is sufficient and there is time for reinstatement.

Amendment 108 agreed to.

Amendments 109 to 112 moved—[Allan Wilson]—and agreed to.

Amendment 113 moved—[Allan Wilson].

Photo of George Reid George Reid Scottish National Party

The question is, that amendment 113 be agreed to. Are we agreed?

Members:

No.

Division number 25

For: Adam, Brian, Alexander, Ms Wendy, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Campbell, Colin, Canavan, Dennis, Craigie, Cathie, Crawford, Bruce, Cunningham, Roseanna, Deacon, Susan, Eadie, Helen, Ewing, Fergus, Fabiani, Linda, Ferguson, Patricia, Finnie, Ross, Fitzpatrick, Brian, Gibson, Mr Kenneth, Gillon, Karen, Godman, Trish, Gorrie, Donald, Grahame, Christine, Grant, Rhoda, Gray, Iain, Hamilton, Mr Duncan, Harper, Robin, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Hyslop, Fiona, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Matheson, Michael, McAllion, Mr John, McAveety, Mr Frank, McCabe, Mr Tom, McGugan, Irene, McIntosh, Mrs Lyndsay, McLeish, Henry, McLeod, Fiona, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, Morgan, Alasdair, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Paterson, Mr Gil, Peacock, Peter, Peattie, Cathy, Radcliffe, Nora, Raffan, Mr Keith, Robson, Euan, Rumbles, Mr Mike, Scott, Tavish, Sheridan, Tommy, Simpson, Dr Richard, Smith, Elaine, Smith, Iain, Smith, Mrs Margaret, Stephen, Nicol, Stevenson, Stewart, Stone, Mr Jamie, Thomson, Elaine, Ullrich, Kay, Watson, Mike, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan, Wilson, Andrew, Young, John
Against: Aitken, Bill, Davidson, Mr David, Douglas-Hamilton, Lord James, Fergusson, Alex, Fraser, Murdo, Gallie, Phil, Goldie, Miss Annabel, Harding, Mr Keith, Johnstone, Alex, McGrigor, Mr Jamie, Monteith, Mr Brian, Mundell, David, Scanlon, Mary, Scott, John, Tosh, Mr Murray, Wallace, Ben

Photo of George Reid George Reid Scottish National Party

The result of the division is: For 93, Against 16, Abstentions 0.

Amendment 113 agreed to.

Photo of George Reid George Reid Scottish National Party

Does any member object to amendments 114 to 119 being moved en bloc?

Photo of Bill Aitken Bill Aitken Conservative

Presiding Officer, I have possibly misled you. Will you ask the minister instead to move amendments 114 to 118 en bloc? That would be agreeable.

Amendments 114 to 118 moved—[Allan Wilson]—and agreed to.