HC Deb 18 January 1995 vol 252 cc576-8W
Mr. Charles Kennedy

To ask the Secretary of State for Scotland if he will give a breakdown of Scottish agricultural arbitrators, indicating in each case the individual's stated profession.

Sir Hector Monro

Arbitrations conducted by arbiters appointed by the parties themselves are not notified to my Department. Arbiters appointed by the Secretary of State, following an application by either party, are selected from a panel whose membership was last reviewed in October 1993. I am arranging for copies of the full list of current panel members, with each member's stated profession, to be placed in the Library.

Mr. Charles Kennedy

To ask the Secretary of State for Scotland if he will detail the guidelines issued to agricultural arbitrators in respect of(a) their basis of selection of comparable farms and (b) the number of comparable farms to be selected for the purposes of an arbitration; and if he will make a statement.

Sir Hector Monro

Provisions for arbitration on the level of rent, including reference to comparable subjects, are contained in section 13 of the Agricultural Holdings (Scotland) Act 1991. The Act does not, however, specify how the comparables should be selected nor the number. Given the great variation in size and circumstances of farms, comparables are selected by the arbiter in the context of each particular case.

My Department does not issue guidance to arbiters beyond that contained in the relevant legislation. However, training by the Scottish Association of Agricultural Arbiters and the Royal Institution of Chartered Surveyors in Scotland is available to all arbiters.

Mr. Charles Kennedy

To ask the Secretary of State for Scotland what assessment he has carried out of the costs to tenant farmers associated with agricultural arbitration cases; what fresh proposals he has to brin'g forward to the makings of the scheme as laid down under the 1991 Act with particular reference to the introduction of a right of appeal to his choice of arbitrator in any given case; and if he will make a statement.

Sir Hector Monro

The rate of remuneration for arbiters appointed by the Secretary of State is set by him in accordance with Section 63 of the Agricultural Holdings (Scotland) Act 1991. It is a matter for the parties themselves to decide how they wish to be represented at the arbitration and the arrangements for awarding expenses set out in schedule 7 to the 1991 Act provide for the arbiter to disallow expenses incurred by the parties unnecessarily.

There are no proposals to introduce changes to the provisions of the 1991 Act to provide parties with a right of appeal against the choice of arbiter by the Secretary of State.

Mr. Charles Kennedy

To ask the Secretary of State for Scotland how many farm arbitrations were held in Scotland in the last five years, indicating the number of arbitrations carried out by each arbitrator; and if he will make a statement.

Sir Hector Monro

Members of the Secretary of State's panel of agricultural arbiters were appointed to conduct 255 arbitrations in the years 1990–1994. The information on the number of occasions on which each member of the panel was appointed is set out in the table. A number of these cases were, however, settled by agreement without proceeding to an arbitration hearing.

Member of panel Appointments 1990–1994
R. Baird 11
F. Barraclough 19
J. Boyne 3
A. Bremner 8
D. Buchan 10
C. Campbell 8
I. Chalmers 6
G. Chalmers 6
A. Clark 2
D. Craib 1
T. Cruikshank 1
T. Donald 10
I. Douglas 10
G. Dunlop 1
J. Elliot 1
A. Elvy 2
T. Finlayson 1
R. Forrest 3
W. Fraser 4
W. Gourlay 10
N. Graham-Campbell 3
T. Graham 8
A. Gray 3
P. Hardie 2
I. Harley 1
J. Hunter 2
W. Ironside 1
J. Jones-Perrott 1
D. Laird 1
J. Lamont 1
R. Lennox 1
Member of panel Appointments 1990–1994
G. Lumsden 5
J. Lumsden 5
A. MacDonald 1
I. K. MacKenzie 13
K.F.S. MacKenzie 16
R.A.M. MacKenzie 1
J. McLaren 2
I. McLaren 1
J. McNaughton 1
J. Marshall 1
J. Maxwell 1
M. Milligan 19
C. Mitchell 1
J. Pattullo 5
D. Reid 5
T. Renwick 1
G. Robertson 1
J. Seed 5
J. Sharp 4
R. Shearlaw 4
J. Smith 1
G. Tait 2
J. Thorburn 10
P. Waddell 2
R. Walker 1
R. Weir 1
I. Wilson 4
R. Wilson 1