The Land Reform (Scotland) Act 2016

For most of the last decade the political answer to Scotland’s ‘land question’ seems to have been “pass”. Back in 2003 the Scottish Parliament launched its ‘flagship’ Land Reform (Scotland) Act with a cargo of access rights, community and crofting community rights to buy amid much overblown chatter about the legislation’s symbolic significance as the lodestar for a new politics in Scotland; then watched on with apparent indifference as land reform drifted beyond the horizon as an issue of serious policy concern. Parliament’s passing of a new Land Reform Act last week confirms that this most emotive of issues was carrying a return ticket.

Much of the rhetoric emanating from Government in the run-up to the new legislation’s arrival on the statute book sought to talk up the Act’s radical credentials. That’s hardly surprising given that the SNP has spent much of the last year promoting land reform as being in the vanguard of the progressive, left of centre policies to which it apparently aspires. Even less so in light of the rude awakening delivered to Ministers by the party’s membership at its conference last October when they voted to reject the legislation as too timid in its early draft form. That, together with demands for more detail on key proposals from the Parliament’s influential Rural Affairs, Climate Change and Environment Committee responsible for scrutinising the Bill undoubtedly helped beef up some of its contents. Continue reading

Advertisements

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

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