Chamber
Plenary, 25 Jan 2007
25 Jan 2007 · S2 · Plenary
Item of business
Crofting Reform etc Bill
A week last Friday, I attended the celebrations in the community of Ness when Galson estate, which covers some 54,000 acres and includes some 20 townships, moved from private hands to community ownership. That truly was a great day—the culmination of many hours and days of hard work by the trustees.
It was also the culmination of a struggle and political agitation that straddled three centuries. The first time that the words "land reform" appeared in what we call today a manifesto was when Keir Hardie penned his list of desired legislative and social change for the United Kingdom at the end of the 19th century. Through the decades since, Highland socialists have kept the flag flying for land reform when it was not a fashionable cause to embrace.
If we fast forward to the latter end of the 20th century, it was with the election of a Labour Government in 1997 that an age-old aspiration became a legislative reality. In my constituency today, some 70 per cent of the Western Isles population live on community-owned estates and some 40 per cent of the Western Isles landmass is in community ownership. It is worth remembering that politics ensured that people and communities consigned the dead hand of landlordism to history.
In recent years, I have had the privilege of attending the first and subsequent meetings in four communities in my constituency at which people have gathered to discuss the possibility of buying their land. Thankfully, three of those communities' areas are now in community ownership—North Harris; South Uist, where the position was finalised at the end of last year; and, as the minister mentioned in his speech, Galson, where the situation was finalised 12 days ago. I hope that Pairc in the district of Lochs will join the ever-expanding family of community-owned estates.
The intention following the passing of the Land Reform (Scotland) Act 2003 was to complement land reform legislation with appropriate reform of crofting legislation. As we know, crofting is a regulated form of tenure. One deficiency of the existing regulation system is that the regulator—the Crofters Commission—has failed to intervene. Over the years, it has allowed the marketisation of crofts to continue unabated.
One of the clear and straightforward issues that witness after witness presented in community after community that the committee visited at stage 1 was the concern throughout the crofting communities that land that should be subject to proper regulation was and is being bought and sold as if it were freehold. To its credit, the Scottish Executive recognised the weaknesses in its first draft. That took some time, but at least we got there. It is right that the bill was subjected to major surgery.
What we are passing makes eminent sense. The minister, Nora Radcliffe and Maureen Macmillan have listed the issues that will be properly addressed. For example, creating new crofts but not giving people who will have tenancy of those crofts the right to buy them is laudable, particularly in the island of Arran, where we are righting an historic wrong. It is also encouraging that ministers will—if they have not already done so—direct the Crofters Commission and urge it to get on with exercising its existing responsibilities and rights to regulate the sale of crofts.
I am delighted to support the bill in the sure and certain knowledge that a committee of inquiry is being established. As Maureen Macmillan said, Professor Mark Shucksmith will chair that committee. He comes with an excellent pedigree as he was the adviser to the Justice 2 Committee when it considered the Land Reform (Scotland) Bill. The committee of inquiry will engage with those of us who live in the crofting communities and crofting counties and will present properly constructed proposals to a subsequent Parliament.
Rob Gibson—the dear fellow—wittered on and claimed to be an expert on matters crofting. It is interesting to note that he has yet to attend one meeting in the Western Isles at which communities have set about putting in place historic changes. It is also worth noting that he never fails to issue a press release on the day when a community celebrates. He does so with great expertise and oozes vomitgenic bilge as is his wont.
It is worth recording that the Environment and Rural Development Committee's stage 1 report led to major changes of emphasis in the Crofting Reform etc Bill. That is a credit to the committee's former convener, who will literally have the last word on the bill. I am delighted to support the bill.
It was also the culmination of a struggle and political agitation that straddled three centuries. The first time that the words "land reform" appeared in what we call today a manifesto was when Keir Hardie penned his list of desired legislative and social change for the United Kingdom at the end of the 19th century. Through the decades since, Highland socialists have kept the flag flying for land reform when it was not a fashionable cause to embrace.
If we fast forward to the latter end of the 20th century, it was with the election of a Labour Government in 1997 that an age-old aspiration became a legislative reality. In my constituency today, some 70 per cent of the Western Isles population live on community-owned estates and some 40 per cent of the Western Isles landmass is in community ownership. It is worth remembering that politics ensured that people and communities consigned the dead hand of landlordism to history.
In recent years, I have had the privilege of attending the first and subsequent meetings in four communities in my constituency at which people have gathered to discuss the possibility of buying their land. Thankfully, three of those communities' areas are now in community ownership—North Harris; South Uist, where the position was finalised at the end of last year; and, as the minister mentioned in his speech, Galson, where the situation was finalised 12 days ago. I hope that Pairc in the district of Lochs will join the ever-expanding family of community-owned estates.
The intention following the passing of the Land Reform (Scotland) Act 2003 was to complement land reform legislation with appropriate reform of crofting legislation. As we know, crofting is a regulated form of tenure. One deficiency of the existing regulation system is that the regulator—the Crofters Commission—has failed to intervene. Over the years, it has allowed the marketisation of crofts to continue unabated.
One of the clear and straightforward issues that witness after witness presented in community after community that the committee visited at stage 1 was the concern throughout the crofting communities that land that should be subject to proper regulation was and is being bought and sold as if it were freehold. To its credit, the Scottish Executive recognised the weaknesses in its first draft. That took some time, but at least we got there. It is right that the bill was subjected to major surgery.
What we are passing makes eminent sense. The minister, Nora Radcliffe and Maureen Macmillan have listed the issues that will be properly addressed. For example, creating new crofts but not giving people who will have tenancy of those crofts the right to buy them is laudable, particularly in the island of Arran, where we are righting an historic wrong. It is also encouraging that ministers will—if they have not already done so—direct the Crofters Commission and urge it to get on with exercising its existing responsibilities and rights to regulate the sale of crofts.
I am delighted to support the bill in the sure and certain knowledge that a committee of inquiry is being established. As Maureen Macmillan said, Professor Mark Shucksmith will chair that committee. He comes with an excellent pedigree as he was the adviser to the Justice 2 Committee when it considered the Land Reform (Scotland) Bill. The committee of inquiry will engage with those of us who live in the crofting communities and crofting counties and will present properly constructed proposals to a subsequent Parliament.
Rob Gibson—the dear fellow—wittered on and claimed to be an expert on matters crofting. It is interesting to note that he has yet to attend one meeting in the Western Isles at which communities have set about putting in place historic changes. It is also worth noting that he never fails to issue a press release on the day when a community celebrates. He does so with great expertise and oozes vomitgenic bilge as is his wont.
It is worth recording that the Environment and Rural Development Committee's stage 1 report led to major changes of emphasis in the Crofting Reform etc Bill. That is a credit to the committee's former convener, who will literally have the last word on the bill. I am delighted to support the bill.
In the same item of business
The Deputy Presiding Officer (Trish Godman):
Lab
The next item of business is a debate on motion S2M-5335, in the name of Ross Finnie, that the Parliament agrees that the Crofting Reform etc Bill be passed.
The Minister for Environment and Rural Development (Ross Finnie):
LD
I will deal with the formal part first. For the purposes of rule 9.11 of the standing orders, I advise the Parliament that Her Majesty, having been informed ...
Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP):
SNP
Can the minister clarify a matter in the interests of the staff who work for the Crofters Commission? Originally, the bill proposed that the commission shoul...
Ross Finnie:
LD
As always, I am reluctant to anticipate the conclusions of an independent inquiry. Obviously, there will be no change unless the matter comes before Parliame...
Rob Gibson (Highlands and Islands) (SNP):
SNP
The Scottish National Party welcomes the final stage of the bill. The bill is equitable and achieves fairly small administrative changes that benefit crofter...
Mr Ted Brocklebank (Mid Scotland and Fife) (Con):
Con
Members will be aware that the Conservatives opposed the bill at stage 1. We agreed with the Environment and Rural Development Committee's fairly devastating...
Maureen Macmillan (Highlands and Islands) (Lab):
Lab
It is good to see the Crofting Reform etc Bill completing its passage through the Parliament.It is important that we have legislation that is fit for purpose...
Nora Radcliffe (Gordon) (LD):
LD
Crofting tenure has sustained rural communities in the crofting counties since the Crofters Holdings (Scotland) Act 1886 was passed and the legal concept of ...
Mr Alasdair Morrison (Western Isles) (Lab):
Lab
A week last Friday, I attended the celebrations in the community of Ness when Galson estate, which covers some 54,000 acres and includes some 20 townships, m...
The Deputy Presiding Officer:
Lab
I ask members please to ensure that their mobile phones are off.
Eleanor Scott (Highlands and Islands) (Green):
Green
I add my thanks to everybody who has been involved in the bill—the committee clerks, people from the Scottish Parliament information centre and the people fr...
John Farquhar Munro (Ross, Skye and Inverness West) (LD):
LD
This is an historic day and a debate in which I am delighted to be involved. Even the elements are kind to us today. The sun is shining down on us, so somebo...
Mr Jamie McGrigor (Highlands and Islands) (Con):
Con
It is sad that John Farquhar Munro's sensible amendments to do with building on the common grazings and not on the arable parts of crofts were knocked back. ...
Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP):
SNP
I, too, thank the Scottish Crofting Foundation for its help and support throughout the bill and pay tribute to the cross-party group on crofting. Of all the ...
Ross Finnie:
LD
Will the member give way?
Fergus Ewing:
SNP
I will in just a minute.I am genuinely perplexed about that and I am profoundly concerned about the implications of the decision.
Ross Finnie:
LD
I can understand the member's concern. I think that that was the only occasion on which I personally had to make the decision. It might help the member to kn...
Fergus Ewing:
SNP
I am grateful to the minister for that clarification, but I am still unclear about why he felt bound to take the decision that he did. Perhaps he and I can p...
Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD):
LD
Fergus Ewing and Jamie McGrigor have set out a worthy list of priorities for the committee of inquiry. However, although we can hope that there may be no mor...
Fergus Ewing:
SNP
No one disagrees that that is a major issue for the committee. I am sure that it will examine the matter thoroughly, as Jamie Stone has advocated.I would pre...
The Deputy Minister for Environment and Rural Development (Sarah Boyack):
Lab
Sometimes life takes unexpected twists and turns. Who would have thought that, after convening the Parliament's Environment and Rural Development Committee, ...
Mr McGrigor rose—
Con
Sarah Boyack:
Lab
Would Jamie McGrigor like to agree with me?
Mr McGrigor:
Con
No. I suggest to the minister that it might have been more appropriate for the Executive to listen before the bill was written.
Sarah Boyack:
Lab
There was a fair amount of consultation before the bill was introduced. If Jamie McGrigor reads the committee's conclusions, he will find a deep analysis of ...
The Deputy Presiding Officer (Murray Tosh):
Con
That concludes this item of business. For the benefit of members of the public in the gallery, I note that business has finished about five minutes early.
Meeting suspended until 11:40.
On resuming—