Hansard

I acknowledge that, although the bill is largely technical, most of its proposals have been welcomed and are required if we are to improve land registration.

There is no doubt that a modern and effective system of land registration is important for any modern economy. Much as the communist in me—I am sure that the minister looked up with a start to see that Red Ken is now standing in the chamber, so I will put it differently. Much as the idealist in me struggles with the concept of us as mere humans asserting our rights to mountains and rivers, which will outlive and outlast us all, I appreciate that our banking, business, trade and credit systems rely on securing title to property and land. I understand that the property market in Scotland was worth approximately £24 billion the year before last, so the bill is an important and worthwhile measure.

The background to the bill lies, as many members, including the minister, highlighted, in the gradual replacement of the 17th century register of sasines with the land register of Scotland. Although the changes have been taking place since 1979, so far just over half—55 per cent—of Scotland’s 2.6 million units of property have been switched. The figure for the land area that has been covered is much lower, with only 21 per cent of Scotland’s landmass on the register.

As Paul Wheelhouse, John Wilson, John Park and others said, the completion of the register is a practical and important step that will make a difference for many communities.

The reason why there is a gap in the transfer to the land register is mainly that the principal way in which a property enters the land register for the first time is through its sale. The bill will update the law on registration. It will enable electronic conveyancing and, in due course, it will provide for the closure of the register of sasines. It makes provision for four measures that are designed to ensure the eventual transfer of all property in Scotland to the land register.

As my colleague Rhoda Grant suggested, the only disappointment with the bill is that it misses an opportunity to move the land reform agenda on apace. There is a timely article in today’s Scotsman—not the one about my former colleague Jack McConnell but the one by Brian Wilson—which I encourage ministers and members to read. It highlights some of the issues around land ownership that still bedevil communities around Scotland. Mr Wilson says that, despite the Parliament’s early achievements, such as abolishing feudal tenure, guaranteeing the right to roam and introducing the community right to buy, Scotland continues to have

“the most inequitable distribution of land ownership in Europe”.

As I suggested earlier, I struggle with the concept of owning a mountain or a river, and it is jarring to see absentee millionaires and billionaires buying up Scottish islands and estates while local people on those estates struggle to make a living. Like Andy Wightman, who was quoted favourably by my colleague in the Green Party, Patrick Harvie—sorry, Patrick—I believe that it is offensive that there is such difficulty in finding out who owns land in Scotland.

I was going to quote the case from 10 years ago that involved the MacLeods in Skye claiming ownership of the Cuillins and trying to sell them on. That case was resolved, but other members, such as James Kelly, have reminded me of constituency cases that are far more practical and which involve areas of land in suburban and urban areas whose ownership is unknown and which are therefore not maintained and become litter infested and overgrown. Being able to identify the owner of those pieces of land, which have become nuisances, would improve the environment and therefore provide a great service to many communities.

It is worth highlighting that the issues of land reform and the transparency of land ownership are not just relevant to rural areas. When residents of Neilston, which used to be in my constituency but is now admirably represented by my colleague Hugh Henry, were faced with the closure of the last bank in the village, they used the Scottish Parliament’s land reform legislation to buy the property for the community. The benefits have not simply been about the use of that building, because the Neilston Development Trust has become a driving force for improving the landscape of the village, bringing people together for events and other activities, and the trust is now on course to establish the ownership of a wind farm, the income from which will go directly to the village. That demonstrates that what on the face of it looks like an issue to do with property and land ownership is, in essence, about the rights, needs and wishes of the local community.

Like many members, I am grateful to the Economy, Energy and Tourism Committee for the work that it has done to highlight a number of issues in the bill, particularly the issue of beneficial interests and ownership, with particular regard to the transparency and accessibility of information relating to that issue. The bill does not do quite enough in that area, so I am pleased that the committee has recommended that

“the Scottish Government should reflect further on options for ensuring that the land registration system reduces the scope for tax evasion, tax avoidance and the use of tax havens, and that the Government should explain prior to Stage 2 what additional provisions can be included, whether in the Bill or otherwise, to achieve this objective.”

Similarly, on access and transparency, the only electronic system that is in place is predominantly geared towards lawyers and conveyancers. I am pleased that the committee has flagged up that point and I whole-heartedly agree with its recommendations in that regard.

I would like to raise some other points—about prescriptive claimants; common land; and section 108, which I noticed was raised only by the lawyers or former solicitors in the chamber, but is still an important point—but, given that my time is up, I will end by welcoming the work of the committee and saying that I am pleased to support the general principles of the bill.

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