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Chamber

Meeting of the Parliament 21 March 2019

21 Mar 2019 · S5 · Meeting of the Parliament
Item of business
Land Reform
Cunningham, Roseanna SNP Perthshire South and Kinross-shire Watch on SPTV

If Rhoda Grant listens to the rest of my speech, she will understand the direction of travel. We also want to reflect the importance of urban community ownership in the wider debate.

Historically, community ownership has been conflict driven. That is a fair estimate of how we saw community ownership beginning to develop, and conflict might continue to be a factor, particularly in the areas that Rhoda Grant is probably thinking about. However, I encourage communities to think about land ownership proactively, too. I want them to think about the kind of land and facilities that they need and to look for opportunities to acquire them. It should be the norm, not the exception, for communities to own land.

In November, the Scottish Land Commission published recommendations aimed at improving the processes for community ownership and enabling more communities to take advantage of its benefits. My officials are working with the Scottish Land Commission and other stakeholders to implement those recommendations, and I look forward to seeing the results of that.

Community ownership will always be a central goal of land reform, but we also have to tackle the deeply entrenched issues that affect the way in which Scotland’s land is owned, used and managed if we are to achieve our land reform ambitions. There are no easy solutions, but we are starting to address those issues.

The scope of the issues that the Scottish Land Commission is considering illustrates the complex and interconnected nature of land in Scotland. The commission has published discussion papers on land for housing, public interest-led development, human rights and the acquisition of land by public bodies. It has considered land value tax and land value capture as ways of changing Scotland’s long-term patterns of land ownership, and it is working to bring vacant and derelict land into productive use.

Just yesterday, the commission published perhaps its most challenging report so far, which looks at how we might tackle the scale and concentration of ownership of land in Scotland. The pattern of land ownership in Scotland is unlike the pattern anywhere else, for which there are complex historical reasons, and it is at the heart of the Scottish Government’s land reform agenda. If we do not fundamentally alter that pattern and change the framework that allowed it to develop and exist for so long, our land reform ambitions will ultimately be thwarted.

The debate was not initially intended to be about the Scottish Land Commission’s report—rather, the publication date was brought forward because of the debate. Nevertheless, the report informs the debate significantly.

The Land Commission has made a number of recommendations for tackling the scale and concentration of ownership and diversifying land ownership. They include the introduction of a public interest test that would apply to proposed land transactions over a certain size. The test would require the public interest to be considered before such transactions could take place, helping to ensure that the negative effects of the scale and, in particular, the concentration of ownership were kept in check.

The Land Commission has steered clear of recommending a blanket ban on people owning particular amounts of land or specific residency requirements; instead, it offers the public interest test as a way of providing important flexibility. That would certainly be a powerful tool to stop and reverse the ownership pattern that has hampered Scotland for so many years, but a great deal of work would be required to ensure that any such proposal was compliant with the European convention on human rights.

My officials will work with the Land Commission, stakeholders and other Scottish Government policy areas to consider how the report’s recommendations can be turned into workable policy.

In the past year or so, the commission has made recommendations that will allow us to drive forward change. Some, such as the public interest test or the proposed compulsory sale order, would need legislation. However, others are about culture change, and my officials and the Land Commission are working together with a wide variety of stakeholders to encourage new approaches to how we use and manage land.

Transparency in land ownership remains a key issue for debate. If a community does not know who owns land, it cannot influence how it is used or try to buy it, and landowners cannot be held to account if things go wrong. In 21st century Scotland, there can be no excuse for information about any type of land ownership being obscured. That is true whether the land is held by an individual who lives in Scotland or by a trust that is based in multiple countries. We are developing a new register that will make it clear who owns land and, ultimately, controls decisions about land. We have consulted on a first draft of regulations and we are considering the responses as we develop the regulations further.

I have outlined some of the key priorities for land reform, some of which we are already trying to address although it is likely to take a little longer before there is tangible change in respect of others. It is clear that, if we are to deliver meaningful change, we need to tackle a wide range of intertwined issues.

Considerations about land rarely exist in isolation; they are almost always connected to other issues, be they economic, cultural, environmental or social. That adds to the complexity of our challenge, but it also underlines the fundamental importance of land to Scotland’s future. Improving our relationship with Scotland’s land will have positive effects in many other arenas.

Some of the issues that I have mentioned require culture change to break long-established ways of thinking about land, whereas others will require us to re-engineer the relationship between land and other parts of public policy. Land reform will not be easy or quick to deliver, but it is important and it is absolutely necessary.

The Parliament has been supportive of land reform from the very beginning. The bill that became the Land Reform (Scotland) Act 2003 was one of the first pieces of legislation that the Parliament considered, and it engendered a considerable degree of support across the chamber. However, the journey is emphatically not over. The support of the Parliament remains crucial if we are to achieve the transformative change that I have described, so I call on the Parliament to continue its long-standing support for land reform.

I move,

That the Parliament agrees that land is one of Scotland’s most important assets; recognises the value of the Scottish Land Rights and Responsibilities Statement in providing a framework for land decisions and land management in Scotland; recognises the close relationship between land ownership and land use; agrees that community ownership of land should be the norm and not simply a response to market failure or disputes with landowners; recognises the importance of the Scottish Land Fund in supporting community land and asset buyouts; recognises that the work of the Scottish Land Commission is making a positive contribution to delivering the Scottish Government’s land reform agenda, and agrees the importance of ensuring that land reform continues to be a key policy priority to change the entrenched and inequitable pattern of land ownership in Scotland so that everyone can benefit from land.

15:20  

In the same item of business

The Deputy Presiding Officer (Linda Fabiani) SNP
I ask members to shift their seats quickly. The next item is a debate on motion S5M-16445, in the name of Roseanna Cunningham, on land reform in Scotland. 1...
The Cabinet Secretary for Environment, Climate Change and Land Reform (Roseanna Cunningham) SNP
Land reform is a subject that has been relevant to Scotland for several hundred years, and I have to say that it sometimes seems as though I have been talkin...
Rhoda Grant (Highlands and Islands) (Lab) Lab
Land ownership is totally unbalanced in Scotland. If we move towards the purchase of smaller amounts of land, how will we change the fact that 50 per cent of...
Roseanna Cunningham SNP
If Rhoda Grant listens to the rest of my speech, she will understand the direction of travel. We also want to reflect the importance of urban community owner...
Edward Mountain (Highlands and Islands) (Con) Con
Before I start, I refer members to my entry in the register of interests, which says that I am a partner in a farming partnership. I also own land. I hope t...
Andy Wightman (Lothian) (Green) Green
Mr Mountain says that we should not obsess over who owns land, and that it is how it is used and managed that matters. Why, then, is the landed class and ind...
Edward Mountain Con
I think that the people I employ are happy that I look after and manage my business in the way that I work it, as it gives them a job and creates prosperity ...
Gillian Martin (Aberdeenshire East) (SNP) SNP
Will the member take an intervention?
Edward Mountain Con
I am going to make a bit of time. I will perhaps let the member intervene if there is an opportunity later. I want to look at some of the comments in the ...
Gillian Martin SNP
My point is not the one that I was going to make when I tried to intervene earlier. How would Edward Mountain react to another case that was mentioned in the...
Edward Mountain Con
I cannot look at an example without its being substantiated. That is the problem with the report. Ms Martin will be well aware that sometimes when people are...
Claudia Beamish (South Scotland) (Lab) Lab
It is timely that the Scottish Government has lodged the motion for debate today, because it gives us an opportunity to reflect on what has been achieved in ...
Finlay Carson (Galloway and West Dumfries) (Con) Con
Will the member take an intervention?
Claudia Beamish Lab
No—I am sorry. I have not got time. I have very few minutes. It is time for a powerful land regulator to examine whether existing ownership helps or hinders...
Andy Wightman (Lothian) (Green) Green
I am grateful to the cabinet secretary for this timely debate. As she noted, land reform is a difficult process to deal with. As the Government motion hints,...
Edward Mountain Con
I hardly think that that is my “common theme”, Presiding Officer. To quote the Land Commission’s report, it gives a “Summary of Macro Themes Identified in t...
Andy Wightman Green
I confess that I have not read the report in enough detail to come to a conclusive view on that. I suspect that that might be a selective reading of what is ...
Liam McArthur (Orkney Islands) (LD) LD
I am grateful for the opportunity to speak in this debate on land reform. It is still a source of pride for me that the Scottish Liberal Democrats put land r...
The Presiding Officer (Ken Macintosh) NPA
We move on to the open debate. 15:50
Gillian Martin (Aberdeenshire East) (SNP) SNP
Since the passing of the Land Reform (Scotland) Bill in 2003, we have had a chance to reflect on whether Scotland’s communities are thriving as a result. In ...
Edward Mountain Con
I remember reading that part of the report, which relates to a factor sitting at the front of a meeting and taking notes. One person found that intimidating....
Gillian Martin SNP
Unlike Edward Mountain, who seems to be dismissive of some people’s testimony, I have read the whole testimony—
Edward Mountain Con
It was one person.
Gillian Martin SNP
When one person comes to my constituency surgery and says that they have a problem with someone, I do not ask how many other people are affected or for proof...
Finlay Carson (Galloway and West Dumfries) (Con) Con
I am pleased to speak in this debate a week after I spoke in Andy Wightman’s members’ business debate on who owns Scotland. The subject of land reform in Sco...
Andy Wightman Green
The member expresses concern about the report’s title. Does he accept that there are issues associated with large-scale and concentrated land ownership in Sc...
Finlay Carson Con
Not at all. There are some issues, but the report should have been balanced and should have recognised that there are some benefits to be gained from large-s...
Alex Rowley (Mid Scotland and Fife) (Lab) Lab
I welcome today’s debate on land reform in Scotland and agree with the cabinet secretary that land is one of Scotland’s most important assets. It is because ...
Kenneth Gibson (Cunninghame North) (SNP) SNP
Land ownership has been contentious for centuries, but Scottish policy on land is now increasingly rooted in questions of fairness, equality and human rights...
John Scott (Ayr) (Con) Con
I declare an interest as a farmer and food producer, and as a member of NFU Scotland. I welcome the debate and the publication of the Scottish Land Commissi...