Hansard

I am pleased to speak on behalf of the Scottish Liberal Democrats on the Crofting and Scottish Land Court Bill. I, too, thank the bill team, the committee’s clerks and the many organisations and individuals who gave evidence and sent briefings to support the stage 1 process.

Crofting is of vital importance in my Shetland Islands constituency and across the crofting counties of the Highlands and Islands. Cultural heritage, tradition, community and connection to the land are all important aspects of crofting, which delivers economic and environmental benefits in rural and island areas.

Specific legislation has governed crofting since 1886, when the Crofters Holdings (Scotland) Act of that year was passed under a Liberal Government. The Law Society of Scotland has described Scotland’s unique crofting law as having

“developed over time in a piecemeal fashion”,

and it is generally considered to be a complex and difficult area of the law that might be considered outdated in many respects.

Reform of the legal landscape has been slow to emerge. A consultation in 2017 led to the Scottish Government stating its intention to introduce a bill to correct known anomalies in crofting legislation, followed by further consideration of more fundamental changes. However, this first phase has taken years to come before the Scottish Parliament. Even allowing for the disruptions of Brexit and the pandemic, many people in the crofting communities have indicated frustration at the slow pace. A broader review of crofting policy and law to modernise the framework and reduce the intricate and confusing nature of crofting law remains outstanding. On that point, the committee recommends that, at the start of the next session, the new Scottish Government should confirm

“its intention to undertake this review and then bring forward legislation.”

Although it does not deliver the more fundamental overhaul that is still being called for, the streamlining effect of the bill is welcome. There was general support for the bill’s provisions among stakeholders during the stage 1 process, as well as positive feedback about engagement and the co-design process between stakeholders and the Scottish Government. It is important that those continue as the bill progresses.

Part 1 of the bill will make changes across various aspects of crofting law, including the enforcement of crofters’ duties, the powers of the Crofting Commission, and changes to common grazings and the crofting register. The bill will extend the definition of “purposeful use” of croft land to include environmental use. The committee heard concerns that that could be used as cover by an absentee or negligent crofter to neglect their croft, and NFU Scotland stressed that environmental use must be linked to active land management to mitigate that outcome. I note the minister’s commitment to strengthening the definition of environmental use, and I look forward to seeing what is brought forward. That issue should be included in any future review of crofting law.

The bill contains provisions to prevent the unintended separation of grazing shares. Stakeholders, including the Scottish Crofting Federation and the NFUS, called for more action to reduce the separation of grazing shares from their original parent crofts. It was noted during evidence sessions that, in Shetland, unlike in most other areas, grazing shares are attached at the point of purchase, forming a “part and pertinent” of the croft. It is useful to note those differences across the Highlands and Islands and consider where they might offer opportunities for learning.

I turn to part 2 of the bill, which will merge the Scottish Land Court and the Lands Tribunal for Scotland. The Scottish Government intends that approach to deliver a more coherent and efficient administration of the services that are currently offered. The committee noted that there were divided views in the consultation responses to the proposal and heard that some stakeholders are concerned that the move might be motivated by cost cutting. For the merger to be successful, the new Scottish Land Court must be properly resourced and access to justice must be maintained.

Not only does crofting require full reform; there needs to be an understanding of what modern crofting life will look like in the years ahead. Working with crofting communities is crucial, and it is important to value and protect that way of life.

Although there is more to be done to deliver the changes that are needed to modernise crofting law, I am pleased to support the Crofting and Scottish Land Court Bill at stage 1.