Hansard

I declare an interest as a partner in a farming partnership, a member of Scottish Land & Estates and a crofting landlord.

We have heard a great deal today about the history of crofting and, from all sides of the chamber, about the role that crofting still plays, particularly in some of our most remote and rural communities, many of which are in my Highlands and Islands region. However, the crofting of today is not the crofting of 1886, when, as we have heard, the Crofters Holdings (Scotland) Act 1886 went through Parliament, and nor is it even the crofting of 1993, when the most recent attempt was made to consolidate crofting legislation in a more coherent framework. There has been an on-going process of change, mirroring the process of change to other types of land tenure and to the agriculture sector. That is the right approach. If crofting is to maintain its relevance, it cannot remain frozen in time.

The Scottish Government has indicated that this bill is a foundation and one that, in the words of the minister, aims to prepare

“the ground for what comes next.”

That has been the subject of a great deal of discussion and reflection in the crofting communities. However, it is the hope of members, certainly on this side of the chamber, that the bill has measurable outcomes in its own right and that the Scottish Government can demonstrate progress if the bill is passed by the Parliament. That is not just about increasing occupancy and ensuring purposeful use, or reducing the occasions on which enforcement powers have to be used; it is about ensuring that the novel elements in the bill are closely examined and reviewed.

That is particularly important in relation to the environmental provisions, where we should hope to see credible outcomes. As the stage 1 report illustrated, plenty of organisations have outlined where those provisions may provide opportunities for neglect or adverse effects. Confidence will be increased not simply by pointing to the protections in the bill but by clear assurances that those possible outcomes will be actively monitored.

The bill will strengthen the powers of the Crofting Commission. However, it is essential that those powers are put to good use, that oversight is exercised sensibly and, ultimately, that the purposes and functions of the Crofting Commission are clear and unambiguous, with a solid mandate to act when that is necessary.

We will support the bill at stage 1. However, given the time that it has taken, in many ways, the bill falls short in addressing the many pressing issues in the crofting sector. My colleague Finlay Carson detailed some of the issues and the background to the bill. Speaking on behalf of the committee, he outlined some important parts of its report. As the report recognises, there is an appetite for deeper and more fundamental reforms to the sector. That will, of course, be an issue for the new session of Parliament following this year’s elections. It would be difficult to bring all the issues that the committee has raised into the scope of a short speech, but I am sure that we all hope that its recommendations are reflected in the Scottish Government’s future work.

Tim Eagle said that the bill is a step forward but that there is a need for a more comprehensive review that answers some of the bigger questions, as well as a need to ensure that people are not priced out of local crofting. He also highlighted the need for crofts to be in active use—an issue that was raised by Dr Allan and Edward Mountain and that was hinted at by Rhoda Grant when she highlighted the concerns around second homes and holiday accommodation, which the bill will not address.

Edward Mountain welcomed the committee’s report and spoke about its content, but he framed the bill clearly in terms of a missed opportunity. He also rightly noted the several outstanding issues that will now need to be tackled in the next session, as well as the indications that the Scottish Government gave that those issues would be recognised in this session, too.

There is a broad consensus in favour of reforming crofting law and ensuring that we have a framework that will work for the future. There is a collective will in the chamber to get the legislation right while looking forward to the future and perhaps more extensive reforms. It is my hope and belief that positive work can happen as the bill progresses if the Scottish Government is prepared to take on board a number of the issues that have been raised today. However, the bill and today’s debate still leave an important question unanswered: what is the Government’s and the Parliament’s vision for the long-term future of crofting?