Chamber
Meeting of the Parliament 28 March 2012
28 Mar 2012 · S4 · Meeting of the Parliament
Item of business
Agricultural Holdings (Amendment) (Scotland) Bill: Stage 1
That is certainly not what I am saying. Whenever consensus is possible, it is an excellent idea. However, a range of perspectives must be taken into account, which is what the committee has done, listening very carefully. The consensus is important, but it is also important that we take account of views as a committee, which is what we did. We simply ask the Scottish Government to look again at the issue of the definition of “near relative” at stage 2.
On a more positive note, the committee believes that it is good that the Scottish Government will introduce a stage 2 amendment on the transitional provisions.
The committee notes the widespread support for the provision on rent reviews and supports the removal of upward-only rent reviews and landlord-only initiation of rent reviews in a limited duration tenancy, believing that to be a positive and welcome measure. I note the cabinet secretary’s announcement of the meeting on 4 April, and I wish him and all those involved well in their deliberations.
The committee notes the unanimous support for section 3, “Effect of VAT changes on determination of rent”. As the cabinet secretary stressed in his opening remarks, the provision is in the interests of both landlords and tenants.
The committee received evidence on and discussed a number of important issues that lie beyond the scope of the bill, which my colleague Claire Baker and other members have highlighted. Annabelle Ewing emphasised the committee’s unanimous view in recommendation 80 that it is important that we continue to look at the issues from all perspectives to try to resolve them in the fairest way possible. I share the concern that our convener, Rob Gibson, expressed about the fact that some of those who submitted evidence felt the need to withhold their name. I would simply like that noted in this debate.
I welcome the Scottish Government’s acknowledgement of the committee’s concern about the lack of available data on many issues. It is essential that that situation is addressed. The committee suggests that the Scottish Government and the TFF should re-examine the issue of investment in holdings in order to clarify who is responsible and find the most appropriate balance for the creation of a vibrant and healthy tenant farming sector, while of course taking landlords into account.
As I live in rural Clydesdale, I am keenly aware of the barriers that are faced by new entrants to farming—by relatives of farmers and totally new farmers. The committee believes that the bill makes a modest contribution in relation to new entrants but is concerned about the decline in the number of agricultural tenancies in that regard and for broader reasons.
Along with others, I have spoken in support of a register of new tenants, and I am pleased that that will be taken forward. I welcome the Scottish Government’s commitment to plans to develop the new advisory service for new entrants in April. I hope that the Government will find funding for that.
The committee supports further examination of conservation tenancies, which Dennis Robertson and my colleague Claire Baker highlighted. They are vital if we are to have new tenants and new entrants on environmentally supported land.
The committee wants a code of practice to apply to all land agents, whether or not they are members of the Royal Institution of Chartered Surveyors. As Graeme Dey emphasised, greater consistency of practice is essential.
SLE’s concerns about the break-up of estates seem misplaced but, as a way forward, the committee needs to assess the on-going scrutiny and change and to take all sides into account.
The committee believes that clarity is needed on waygo compensation as a matter of urgency. I hope that the Scottish Government will progress that.
The committee suggests that more legislation might well be needed on landlord and tenancy issues. The Scottish Government acknowledges that but says that that legislation is unlikely in this parliamentary session. That might well be acceptable for the consolidation of legislation but, in view of the uncertainty that the recent Scottish Land Court and appeal court cases have created, it is essential for the Scottish Government to look at the issue again, in order to clarify the position in relation to the 2003 act.
Dennis Robertson asked for information on disputes to be available to all parties. Any disputes that can be kept out of the courts should be kept out of them, given the time that court cases take from the lives of all concerned and given the cost.
On a more positive note, the committee believes that it is good that the Scottish Government will introduce a stage 2 amendment on the transitional provisions.
The committee notes the widespread support for the provision on rent reviews and supports the removal of upward-only rent reviews and landlord-only initiation of rent reviews in a limited duration tenancy, believing that to be a positive and welcome measure. I note the cabinet secretary’s announcement of the meeting on 4 April, and I wish him and all those involved well in their deliberations.
The committee notes the unanimous support for section 3, “Effect of VAT changes on determination of rent”. As the cabinet secretary stressed in his opening remarks, the provision is in the interests of both landlords and tenants.
The committee received evidence on and discussed a number of important issues that lie beyond the scope of the bill, which my colleague Claire Baker and other members have highlighted. Annabelle Ewing emphasised the committee’s unanimous view in recommendation 80 that it is important that we continue to look at the issues from all perspectives to try to resolve them in the fairest way possible. I share the concern that our convener, Rob Gibson, expressed about the fact that some of those who submitted evidence felt the need to withhold their name. I would simply like that noted in this debate.
I welcome the Scottish Government’s acknowledgement of the committee’s concern about the lack of available data on many issues. It is essential that that situation is addressed. The committee suggests that the Scottish Government and the TFF should re-examine the issue of investment in holdings in order to clarify who is responsible and find the most appropriate balance for the creation of a vibrant and healthy tenant farming sector, while of course taking landlords into account.
As I live in rural Clydesdale, I am keenly aware of the barriers that are faced by new entrants to farming—by relatives of farmers and totally new farmers. The committee believes that the bill makes a modest contribution in relation to new entrants but is concerned about the decline in the number of agricultural tenancies in that regard and for broader reasons.
Along with others, I have spoken in support of a register of new tenants, and I am pleased that that will be taken forward. I welcome the Scottish Government’s commitment to plans to develop the new advisory service for new entrants in April. I hope that the Government will find funding for that.
The committee supports further examination of conservation tenancies, which Dennis Robertson and my colleague Claire Baker highlighted. They are vital if we are to have new tenants and new entrants on environmentally supported land.
The committee wants a code of practice to apply to all land agents, whether or not they are members of the Royal Institution of Chartered Surveyors. As Graeme Dey emphasised, greater consistency of practice is essential.
SLE’s concerns about the break-up of estates seem misplaced but, as a way forward, the committee needs to assess the on-going scrutiny and change and to take all sides into account.
The committee believes that clarity is needed on waygo compensation as a matter of urgency. I hope that the Scottish Government will progress that.
The committee suggests that more legislation might well be needed on landlord and tenancy issues. The Scottish Government acknowledges that but says that that legislation is unlikely in this parliamentary session. That might well be acceptable for the consolidation of legislation but, in view of the uncertainty that the recent Scottish Land Court and appeal court cases have created, it is essential for the Scottish Government to look at the issue again, in order to clarify the position in relation to the 2003 act.
Dennis Robertson asked for information on disputes to be available to all parties. Any disputes that can be kept out of the courts should be kept out of them, given the time that court cases take from the lives of all concerned and given the cost.
In the same item of business
The Presiding Officer (Tricia Marwick)
NPA
The next item of business is a debate on motion S4M-02495, in the name of Richard Lochhead, on the Agricultural Holdings (Amendment) (Scotland) Bill. I call ...
The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead)
SNP
Thank you, Presiding Officer.This Government has two key policy objectives for tenant farming in Scotland: first, to ensure that tenant farmers have legislat...
The Presiding Officer
NPA
I call Rob Gibson to speak on behalf of the Rural Affairs, Climate Change and Environment Committee.14:44
Rob Gibson (Caithness, Sutherland and Ross) (SNP)
SNP
There is an old Highland joke about a croft being a small piece of land surrounded entirely by large amounts of legislation. Given the amount of legislation ...
Alex Fergusson (Galloway and West Dumfries) (Con)
Con
Will the member take an intervention?
Rob Gibson
SNP
I will take a brief one. I have a lot to say.
Alex Fergusson
Con
Given that the tax regime is the same throughout the United Kingdom and that farm business tenancies south of the border are similar to limited duration tena...
Rob Gibson
SNP
I think that there has been enough speculation, but I suppose that, even in the member’s devo plus proposals, there might be a decision to take forward these...
Claire Baker (Mid Scotland and Fife) (Lab)
Lab
I am pleased to be speaking in this afternoon’s debate. As an MSP who is not on the Rural Affairs, Climate Change and Environment Committee, I thank the comm...
John Lamont (Ettrick, Roxburgh and Berwickshire) (Con)
Con
The Scottish Conservatives are pleased to support the bill’s general principles. A vibrant tenanted sector is vital to Scottish farming. As a Parliament, we ...
Annabelle Ewing (Mid Scotland and Fife) (SNP)
SNP
John Lamont will obviously have read the committee’s wonderful report, which he was involved in producing. Paragraph 37, which refers to the oral evidence th...
John Lamont
Con
That was very helpful, but it does not necessarily mean that I have to agree with that view. I agree with the cabinet secretary’s view that there could be un...
Annabelle Ewing (Mid Scotland and Fife) (SNP)
SNP
Although I have the privilege of being the deputy convener of the Rural Affairs, Climate Change and Environment Committee, I speak not on behalf of the commi...
David Stewart (Highlands and Islands) (Lab)
Lab
It might seem to be a great leap of imagination to compare this consensual stage 1 debate on the Agricultural Holdings (Amendment) (Scotland) Bill with the r...
Graeme Dey (Angus South) (SNP)
SNP
One issue that came through loud and clear in the committee’s inquires on the bill was that of land agents and their practices. In his evidence, NFUS chief e...
The Deputy Presiding Officer (John Scott)
Con
You must close now, please.
Graeme Dey
SNP
The TFF is looking to arbitration as a way in which to resolve that issue. I suggest that that is the way forward.15:17
Angus MacDonald (Falkirk East) (SNP)
SNP
I am pleased to speak in this stage 1 debate. Although I am not a member of the Rural Affairs, Climate Change and Environment Committee, my Economy, Energy a...
Jim Hume (South Scotland) (LD)
LD
I declare a farming interest.The provisions in the Agricultural Holdings (Scotland) Bill are overdue. It is important that trust between tenants and landlord...
Dennis Robertson (Aberdeenshire West) (SNP)
SNP
As many members have already discussed the “near relatives” provision in the bill, I will not go down that route. Instead, I want to focus not on the legisla...
David Stewart
Lab
Does the member share my view that tenants are concerned about Lord Gill’s decision in the Court of Session, which effectively says that the Scottish Parliam...
Dennis Robertson
SNP
We are moving forward and the bill and amendments to it will try to address what happened in 2003.We certainly need to consider the arbitration provisions in...
Margaret McDougall (West Scotland) (Lab)
Lab
The bill aims to create a better environment for the letting of farmland to the tenant farming sector of the agricultural industry and to encourage new entra...
Mark McDonald (North East Scotland) (SNP)
SNP
Presiding Officer, as a former member of the Rural Affairs, Climate Change and Environment Committee—although, to be frank, if you had blinked, you would hav...
David Stewart
Lab
The Court of Session overturned the Scottish Land Court in relation to the role of single farm payments and argued that they are a factor in open-market rent...
Mark McDonald
SNP
A number of factors prevent new entrants from coming into the sector—I certainly do not think that there is just a single contributory factor in that regard....
Alex Fergusson (Galloway and West Dumfries) (Con)
Con
This has been a welcome debate on the general principles of the Agricultural Holdings (Amendment) (Scotland) Bill.I am happy to welcome the three changes to ...
Claudia Beamish (South Scotland) (Lab)
Lab
I am pleased to speak in this debate, which is so significant for Scotland’s vibrant agriculture sector. I thank the cabinet secretary for setting the contex...
Alex Fergusson
Con
Why does the member feel that disharmony would be a good thing in an area—that is, the TFF—where harmony exists?
Claudia Beamish
Lab
That is certainly not what I am saying. Whenever consensus is possible, it is an excellent idea. However, a range of perspectives must be taken into account,...