Land Reform Bill Approaches Endgame

The Land Reform (Scotland) Bill is fast approaching its legislative endgame. Last week it emerged from Stage 2 of that process in Parliament looking marginally more radical than before. Although ‘radical’ is a relative term in a country with one of the most concentrated patterns of private land ownership in the world.  The new version of the Bill has further detail on the Land Rights and Responsibilities Statement and Scottish Land Commission, both of which are intended to ensure that land reform becomes entrenched as a permanent feature of Scottish public policy. Some headway has also been made on gleaning information about the control of land, although not as much as some land reformers would like.

The proposed guidance for landowners on community engagement will now incorporate a pick and mix of “relevant human rights”, potentially opening up enforcement possibilities regarding those who fail to adhere to it. Meanwhile the community right to buy to further sustainable development contained in Part 5 of the Bill can now be “the most practicable” way (rather than the “only practicable way”) to “prevent significant harm” to a community wishing to use it. Many will welcome that while simultaneously questioning why the new right cannot be made less onerous still for communities to use; akin to a simplified ‘crofting community right to buy’ that actually works. Continue reading

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Amending the Land Reform (Scotland) Bill

January 13th is shaping up to be an important day for the Land Reform (Scotland) Bill. That’s when the Scottish Government is due to submit its amendments to the draft legislation currently making its way through Parliament. These amendments will be produced against the backdrop of the Rural Affairs, Climate Change and Environment Committee’s (RACCE) detailed and analytically robust Stage 1 Report on the Bill, published in December. That Report concludes that considerable work is required to ensure that the Bill’s provisions match the radical promise of its principles.

I’ve already blogged on the Stage 1 Report here. In summary, the Committee wants more detail on proposed guidance for landowners’ engagement with communities and on potential sanctions for not doing so. It also recommends ways to increase transparency of land ownership in Scotland and calls for thresholds triggering the Bill’s new Community Right to Buy to further sustainable development to be set at a level that makes that right a viable option for communities to use. The Committee has also demanded that the Scottish Government better demonstrates the case for re-introducing non-domestic rates for shootings and deer forests. The majority of the Committee advocates introduction of a right to buy in certain circumstances for agricultural tenants but its entire membership is sceptical about the Bill’s capacity to maintain or increase the amount of land available to let, strengthen tenants’ rights and make it easier for them to invest in their tenancies, protect landlords’ rights and ensure continued confidence in the agricultural sector for land to be let. Continue reading

‘One Million Acres by 2020’: Strategy Report of the 1 Million Acre Short Life Working Group

Another week, another land reform-themed report. Hard on the heels of the RACCE Committee’s Stage 1 report on the Land Reform Bill comes ‘One Million Acres by 2020’, the strategy report of the Scottish Government-appointed 1 Million Acre Short Life Working Group. Its appearance is further indication of the extraordinary head of steam that land reform has picked up since publication of the Land Reform Review Group’s (LRRG) final report, ‘The Land of Scotland and the Common Good’ last year.

The genesis of ‘One Million Acres by 2020’ predates the LRRG’s report. Back in June 2013 the then First Minister, Alex Salmond, used his keynote speech at Community Land Scotland’s annual conference to announce a target of achieving 1 million acres of land in community ownership by 2020. That was unexpected news to most of the people in the audience at Sabhal Mor Ostaig in Skye that day. Rumour has it that it was unexpected news to at least some of Mr Salmond’s Civil Servants too. Continue reading

RACCE Committee’s Stage 1 Report on the Land Reform (Scotland) Bill

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The Scottish Parliament’s Rural Affairs, Climate Change and Environment (RACCE) Committee published its Stage 1 Report on the Land Reform (Scotland) Bill last week.  The Report has been much anticipated because of its potential influence in shaping amendments to the Bill during Stages 2 and 3 of the legislative process.   All the more so given recent rumblings of discontent (not least from within the SNP’s own membership) that the Government’s land reform proposals are nowhere near radical enough to match its rhetoric on the issue. Others, less favourably disposed towards land reform, will doubtless have been hoping for a report that helps further dilute whatever radical intent may be detectable within the current Bill.

To its credit, the Committee’s Report does not play to either of these galleries.

Instead, it deploys measured language and robust analysis to carefully map out the Committee’s views and recommendations regarding the Bill as it stands. Continue reading

The Scottish Government’s Land Reform Dilemma

Over the last few months the SNP Government has been in cruise control on land reform, confidently talking up the Land Reform (Scotland) Bill currently before the Scottish Parliament as a means for radically reordering the relationship between Scotland’s people and land.   Recently, however, some spanners have been thrown into the well-oiled works of that particular narrative.

The first of these was hurled by the SNP’s own members. At the Party’s October conference they voted to reject the pragmatic contents of the Land Reform Bill as insufficiently radical to make much difference to Scotland’s highly concentrated pattern of land ownership. A second relates to the imminent eviction of Andrew Stoddart and his family from Coulston Mains farm in East Lothian, a case that widespread media coverage and focused public activism have transformed into a cause célèbre regarding the perceived unfairness of Scotland’s current Agricultural Holdings legislation (see Malcolm Combe’s recent blog for further comment on that case and its broader legislative context).

The Government’s claims for radical land reform may soon be further undermined by the Scottish Parliament’s Rural Affairs, Climate Change and Environment Committee (RACCE) which has spent the last couple of months taking oral evidence from witnesses as part of the scrutiny process of the Land Reform Bill as it progresses through Holyrood’s legislative stages. The Committee will publish its Stage 1 Report on the Bill by December 4th. Although no-one’s idea of a page-turner, that Report matters because it will help set the scene for amendments to the Bill at Stages 2 and 3 of the legislative process.

All of which leaves the SNP Government in a slightly tricky position. Continue reading

Land Reform Rebellion in the SNP’s Ranks

Yesterday’s comprehensive rejection of the SNP’s land reform plans by its own membership in favour of something a lot more radical introduces a new dimension to Scotland’s land reform process. These plans, contained in the Land Reform Bill currently before Parliament include creating a land commission, removing sporting estates’ business rates exemptions, providing guidance for landowners on community engagement, establishing a new community right to buy, and giving Ministers backstop powers of intervention if the scale of landownership or landowners’ decisions act as a barrier to communities’ sustainable development.

The SNP’s leadership is keen to portray this cocktail of institutional, administrative, fiscal and regulatory reform as radical.  It really isn’t. Continue reading

Land reform goes into legislative overdrive

Scotland’s land reform process is giving a pretty good impression of being in legislative overdrive. Last week the Scottish Parliament passed the Community Empowerment Act containing, amongst other things, long overdue provisions to simplify the ‘Crofting Community’ and ‘Community’ Rights to Buy land and extend the latter’s coverage to urban as well as rural areas. Yesterday the Scottish Government published its long-awaited Land Reform Bill, embryonic legislation that the SNP claims will help permanently redraw the relationship between Scotland’s people and land in the interests of fairness, equality and social justice. Continue reading