Parliament Workbench
Data: Official Report to 12 Nov 2026

Official Report · Committee

Petitions

Carbeth Hutters (PE14)

Wednesday 21 September 2005 Justice 1 Committee Petitions 4 contributions · 2 speakers

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The record

4 contributions
Pauline McNeill Lab The Convener · Glasgow Kelvin
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Agenda item 3 is consideration of issues relating to closed petition PE14 on security of tenure. Again, I refer members to a note that the clerk has prepared, which includes recent correspondence from the Deputy Minister for Justice. The Deputy Minister for Justice has reiterated his view that the Executive sees"no prospect of a legislative solution"to the matter. The suggestion is that the hutters should test the application of the Land Registration (Scotland) Act 1979 through the Lands Tribunal for Scotland.The petition has been around for some time. Although members of the committee have changed, when the petition was dealt with initially the committee felt strongly that a way should be found of legislating to protect hutters. We have considered various aspects of the law and even appointed an adviser to look into the matter for us, who suggested that we should consider the operation of the 1979 act. The Executive has said in its correspondence that testing the matter in court is the only avenue that it can see that is open to hutters.Before I invite comments, I draw members' attention to the positive news from Carbeth and Rascarrel bay. The latter case is progressing through the Lands Tribunal for Scotland under the 1979 act. Other people—for whom I do not think there is any solution—have written to us on the matter.The petition was submitted some time ago and, if members plan to take further action, they will need to say what they propose should be done. If they do not, I invite the committee to close work on the subject. We must decide one way or the other.

Margaret Mitchell Con Central Scotland
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The committee has bent over backwards in considering possible ways to resolve the matter, but it is clear that the issue is for the Lands Tribunal for Scotland to consider. In the circumstances, we should move back, close matters and let the litigation proceed.

Pauline McNeill Lab The Convener · Glasgow Kelvin
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No other member has any comments to make. Therefore, I take it that members agree that we cannot take any further action in relation to the petition.Before I close the meeting, I remind members that there will be an informal meeting in room 1.03 of Queensberry House to discuss rights of access, particularly for fathers.

Meeting closed at 11:29.

  1. Scottish Parliament Justice 1 Committee Wednesday 21 September 2005 Committee business · 1
  2. Family Law (Scotland) Bill Bill debate · 128
  3. Petitions Petitions · 1
  4. Petitions Petitions · 4

The type of each item (debate, statement, questions, members’ business and so on) and the times shown are worked out by this site from headings, the chair’s opening words and the Official Report’s running timestamps. They are not the Parliament’s own classification. Text: the Scottish Parliament Official Report.