Remit
The proposed draft Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 (SG 2013/261) (sometimes referred to as the ECHR Order) was laid in the Scottish Parliament, by the Scottish Government, on Friday 22 November 2013, along with an accompanying Statement of Reasons (SG 2013/262).
The proposed draft order results from the UK Supreme Court’s ruling on the Salvesen v Riddell court case which found that part of the Agricultural Holdings (Scotland) Act 2003 was incompatible with the European Convention of Human Rights. The Court ruling was suspended for 12 months to allow the defect to be corrected.
The Rural Affairs, Climate Change and Environment (RACCE) Committee agreed its approach to scrutiny of the proposed draft order at its meeting on 20 November 2013.
This proposed draft order is subject to the super-affirmative statutory instrument procedure which involves a 60 day consultation period, after which the Scottish Government will consider views received before laying a draft order, subject to the normal affirmative procedure.
Details of the Scottish Government’s consultation; the background to, and contents of, the proposed draft order; and a briefing prepared by SPICe can be found in paper RACCE/S4/13/36/2 which was issued for the Committee meeting on 4 December 2013.
Evidence
Written evidence
Read the responses received by the Committee
Supplementary written evidence
Other evidence
The Committee took evidence on the order from Scottish Government officials at its meeting on 4 December 2013. Read the Official Report from that meeting:
The Committee also agreed to take evidence from stakeholders on the order at its meeting on 18 December 2013. Read the Official Report from that meeting:
The Committee will conclude its evidence-taking by hearing from the Cabinet Secretary for Rural Affairs and the Environment at its meeting on 15 January 2014:
The Committee will then consider and agree a report to Parliament on the proposed draft order at its meeting on 29 January and 5 February 2014.
Report
The Committee published its report on the proposed draft Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 7 February 2014. This report sets out the Committee's conclusions and recommendation following its consideration of a proposed draft ECHR remedial order which amends agricultural holdings legislation
Read the report here:
The Scottish Government responded to the Committee's report on 12 March 2014.
Read the response here:
Additional Information