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

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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

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

Time to move beyond caricatures as land reform enters crucial phase

Scotland’s land reform process is about to enter a crucial phase. The Scottish Government will introduce a Land Reform Bill by the end of June with the intention of passing the new legislation before the current parliamentary session ends in 2016. The Bill’s contents are as yet unconfirmed but, amongst other things, it is likely to include provisions for establishing a Scottish Land Reform Commission; limiting legal entities that can own land; increasing transparency regarding land value and ownership; facilitating Ministerial intervention to remove barriers to local sustainable development linked to the scale or pattern of land ownership or landowners’ decisions; imposing a duty of community engagement on charitable trustees when taking land management decisions; and removing business rates exemptions from shooting and deerstalking enterprises.

According to recently published analysis, the vast majority of the 1269 respondents to the Scottish Government’s consultation on land reform are supportive of these proposals; the notable exception being ‘private landowner’ respondents, who overwhelmingly disagree with virtually all of them. That opposition is scarcely surprising from a grouping of organised interests who see nothing amiss with half of Scotland’s private land being in the hands of 432 owners, and who argue that, in any case, it’s how land is used rather than who owns it that counts. Continue reading