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Chamber

Meeting of the Parliament 19 March 2026 [Draft]

19 Mar 2026 · S6 · Meeting of the Parliament
Item of business
Crofting and Scottish Land Court Bill: Stage 3
Fairlie, Jim SNP Perthshire South and Kinross-shire Watch on SPTV

I am happy to support Alasdair Allan’s amendment 6, for the reasons that he has set out. The link between owner-occupied crofts and grazing rights is a complicated area in which property law and crofting law intersect, so it is sensible for ministers to have regulation-making powers in case the provisions on the grazing shares of owner-occupied crofts require to be refined in the future.

My own amendments in the group also concern that connection between grazing rights and owner-occupied crofts. It is an area of law where the policy intention is clear and, I think, agreed by everyone involved, but the means of achieving it is definitely not simple.

A tenanted croft generally comes with an attached right to use common grazings and, in legal terms, the grazing right is a pertinent of the tenancy. Our policy is that grazing rights should stay attached to crofts, no matter what changes a croft goes through. It might be bought by its tenant and become an owner-occupied croft, and it might then be sold or even re-let to a new tenant. It might fall vacant and eventually be re-let by the Crofting Commission. However, the policy aim is that, no matter what happens to a croft, the grazing right should, by default, stay attached to it.

The only exception should be that, if there is a specific application to separate the grazing right from the croft, that should be treated like any other application to divide a croft. The separation may happen only if the Crofting Commission consents, and it will take account of the current and future interests of the crofting community, among other things, in its decision-making process. That is what sections 14A and 15 are designed to achieve.

However, because this is a complex area of law, officials have drawn on advice from a small group of stakeholders and experts, many of whom are practising crofting solicitors, to look closely at those two sections. I am extremely grateful to those people for giving up their time to help us to get this right. My amendments at stage 2, and now at stage 3, have been informed by those discussions between my officials and that group.

Amendments 7, 10 and 11 will clarify the wording of the bill but will not materially change the purpose of the provisions.

Amendment 8 will remove from the bill a change that we proposed to make to the right to buy an apportionment. That was never a core part of the provisions on retaining grazing rights with crofts and, following input from the group of advisers, I have decided that it is best not to venture into that territory without further examination of the legal implications of any proposed change.

Amendment 9 will clarify that, when an owner-occupied croft is let, an attached share may have one of two legal forms. It also covers the circumstance where the owner-occupier crofter is letting only part of the croft. In that circumstance, they will be able to specify whether the grazing right is attached to the part that is let or the part that is not. Again, however, that will be subject to the commission’s consent.

Amendments 12 and 14 will clarify who has the right to re-let a vacant grazings right. The Land Court has ruled that that should be the person who was the landlord of the inby croft when it was a tenanted croft, or their successor in title. Sometimes that person is not the same as the person who owns the land over which the grazing rights are exercised, and sometimes, perhaps after a passage of years, they cannot be traced. Amendment 14 provides that we will follow the Land Court’s principle whenever possible but that, pragmatically, we will allow the grazings owner to take over the role if need be.

Amendment 13 will allow a longer timescale for the letting of vacant shares in order to allow for the commission’s necessary exchanges with both the owner and the grazings committee.

In the same item of business

16:15
The Deputy Presiding Officer (Annabelle Ewing) SNP
The next item of business is stage 3 proceedings on the Crofting and Scottish Land Court Bill. In dealing with the amendments, members should have the bill a...
The Deputy Presiding Officer (Annabelle Ewing) SNP
Group 1 is on duties and enforcement. Amendment 1, in the name of Beatrice Wishart, is grouped with amendments 2 to 4, 38 to 42 and 25.
Beatrice Wishart (Shetland Islands) (LD) LD
I have only one amendment, and, coincidentally, it is the last one in my name before I leave the Parliament.Following my stage 2 amendment 168, amendment 1 m...
The Minister for Agriculture and Connectivity (Jim Fairlie) SNP
I am delighted to support Beatrice Wishart’s final amendment, and, as that might be her final contribution, I would like to say that it has been an absolute ...
The Deputy Presiding Officer (Annabelle Ewing) SNP
I call Rhoda Grant to speak to amendment 38 and other amendments in the group.
Rhoda Grant (Highlands and Islands) (Lab) Lab
I will speak to amendments 38 to 42. I thank the minister for his assistance with the amendments.Amendments 38 to 41 seek to deal with the issue that often a...
The Deputy Presiding Officer (Annabelle Ewing) SNP
I call Beatrice Wishart to wind up and to press or withdraw amendment 1.
Beatrice Wishart LD
I press amendment 1.Amendment 1 agreed to.Section 4—Enforcement of dutiesAmendments 2 to 4 moved—Jim Fairlie—and agreed to.Section 8—Assignations to family m...
The Deputy Presiding Officer (Annabelle Ewing) SNP
Group 2 is on assignations. Amendment 34, in the name of Rhoda Grant, is grouped with amendment 35.
Rhoda Grant Lab
Amendment 34 would amend section 8 of the Crofters (Scotland) Act 1993 to provide a simplified process for obtaining the commission’s consent to an assignati...
Tim Eagle (Highlands and Islands) (Con) Con
Amendment 35 is my only amendment to the bill, so I will just speak briefly to it.Section 8 of the bill, which deals with assignations to family members, wil...
Jim Fairlie SNP
I am very happy to support Rhoda Grant’s amendment 34. Crofters want a genuinely fast-tracked process. I have heard that at first hand, particularly on my to...
The Deputy Presiding Officer (Annabelle Ewing) SNP
I call Rhoda Grant to wind up and to press or withdraw amendment 34.
Rhoda Grant Lab
I will press amendment 34. I have nothing else to add.
The Deputy Presiding Officer (Annabelle Ewing) SNP
The question is, that amendment 34 be agreed to. Are we agreed?Members: No.
The Deputy Presiding Officer (Annabelle Ewing) SNP
There will be a division. Members should cast their vote now.I am terribly sorry—there will not be a division immediately. We have to suspend, because this i...
The Deputy Presiding Officer (Annabelle Ewing) SNP
We will proceed with the division on amendment 34. Members should cast their votes now.
ForAdam, George (Paisley) (SNP)Adam, Karen (Banffshire and Buchan Coast) (SNP)Allan, Alasdair (Na h-Eileanan an Iar) (SNP)Arthur, Tom (Renfrewshire South) (S...
The Deputy Presiding Officer (Annabelle Ewing) SNP
The result of the division is: For 81, Against 25, Abstentions 0.Amendment 34 agreed to.Amendment 35 not moved.Section 8A—New crofts: power to determine appl...
The Deputy Presiding Officer (Annabelle Ewing) SNP
Group 3 is on environmental and other purposeful uses. Amendment 5, in the name of the minister, is grouped with amendments 43 to 46, 15, 16, 16A, 17 to 21, ...
Jim Fairlie SNP
My amendments in the group seek to clarify the powers of the commission when it considers proposals by a grazings committee for the grazings to be used as wo...
Rhoda Grant Lab
I will speak to amendments 43 to 46, 16A and 47. As the minister said, the bill was amended at stage 2 to remove the words “substantially”, “undue” and “sign...
Alasdair Allan (Na h-Eileanan an Iar) (SNP) SNP
I will speak to my amendments 16 to 21. Proposed new sections 50 and 50ZA of the 1993 act make changes to the regime for crofter-led forestry projects on com...
The Deputy Presiding Officer (Annabelle Ewing) SNP
I call the minister to wind up.
Jim Fairlie SNP
I have nothing further to add.Amendment 5 agreed to.Section 10A—Power to make provision about the sale of owner-occupied crofts
The Deputy Presiding Officer (Annabelle Ewing) SNP
We come to group 4, on common grazings. Amendment 6, in the name of Alasdair Allan, is grouped with amendments 7 to 14 and 48 to 50.
Alasdair Allan SNP
I will speak to my amendment 6, but I begin by saying that I strongly support sections 14A and 15 of the bill, which will prevent the further separation of g...
Jim Fairlie SNP
I am happy to support Alasdair Allan’s amendment 6, for the reasons that he has set out. The link between owner-occupied crofts and grazing rights is a compl...
Rhoda Grant Lab
Amendment 13 seeks to increase, from three months to five months, the time for the Crofting Commission to respond. People already complain that it takes far ...