Chamber
Meeting of the Parliament 06 June 2013
06 Jun 2013 · S4 · Meeting of the Parliament
Item of business
Crofting (Amendment) (Scotland) Bill: Stage 1
I welcome the bill. As a member of the Rural Affairs, Environment and Climate Change Committee, I fully support the bill—and the Government’s swift action—because I believe that it is the right thing to do.
However, not everyone is of that belief. There are people outside Parliament who think that the bill has been hurried through. I ask them to think of the landlords, crofters and other people who are affected and who require that the change be made. Now is not the time for indecision; it is the time for effective, proper and right legislation that helps to fix the problem that those people face.
The bill should not be a party-political issue, and I sense that members across the chamber will agree to let the bill proceed at decision time. I am sure that we can all agree that the bill should be about the people who are affected by the issue that we are debating.
I want to return to what crofting is. To echo the point that Jayne Baxter made, when I was appointed to the committee, I did not know what crofting was either, but I am starting to learn what it means to so many people. Crofting is a system of landholding that makes a significant economic, social and environmental contribution to remote and rural areas, and it is part of our history. I am informed that there are 17,725 crofts in Scotland, mainly in the Highlands and Islands, and that about 33,000 people live in crofting households.
The bill is needed to address a problem that occurred with a provision in the Crofting Reform (Scotland) Act 2010. I am sure that everyone has repeated this. The 2010 act introduced the term “owner-occupier crofter” into the 1993 act. I listened intently to the point that Dave Thompson made earlier about the various legislation on crofting that has come in over the years, and to the point that Angus MacDonald made with regard to what needs to be done, which was identified by the minister, the convener of the committee and other speakers. That provision in the 2010 act has had the unintended effect that owner-occupier crofters are not allowed to apply to the Crofting Commission to decroft land unless the land is vacant.
I note that there have been several criticisms that those who will be affected by the bill have not been consulted on its proposals. However, I re-emphasise my earlier point that those who are affected by the current situation desire that it be fixed, which will happen through the bill. Despite the tight parliamentary timetable, the Government attempted in the time that was available to seek views from the stakeholders on the proposals, as the minister ably reminded us. I make that point merely to highlight the fact that the Government has made every attempt to involve people in the decision-making process.
One prominent issue that is worth noting, and on which there is some strength of opinion among lawyers and crofters—as Graeme Dey said earlier, we got perhaps the only free legal advice that we will ever receive from lawyers—is that the current state of crofting law is poor. I think that everyone accepts that. If I, as a member for Central Scotland, recognise that, it must be poor. However, I am confident that the Scottish Government and the minister will look at that in detail.
The bill seeks to right a problem and to close a loophole. As other committee members do, I believe that despite the concerns that have been raised the bill will achieve its policy aim; it will do what it sets out to do and enable owner-occupier crofters to apply to the Crofting Commission for a decrofting direction.
As my final remarks in this stage 1 debate, I say that I hope that the bill will close the current loophole and bring much-needed assistance to the people who are affected by the problem. Once again, I congratulate the Scottish Government on introducing the bill and I welcome the swift action that it has taken. The Government’s action, along with the work that was done on the stage 1 report by the members of the Rural Affairs, Climate Change and Environment Committee—under the able stewardship, as I said yesterday, of our convener—are to be commended. The bill highlights the Scottish National Party Government’s commitment to getting things right for the people of Scotland, whom we serve.
16:07
However, not everyone is of that belief. There are people outside Parliament who think that the bill has been hurried through. I ask them to think of the landlords, crofters and other people who are affected and who require that the change be made. Now is not the time for indecision; it is the time for effective, proper and right legislation that helps to fix the problem that those people face.
The bill should not be a party-political issue, and I sense that members across the chamber will agree to let the bill proceed at decision time. I am sure that we can all agree that the bill should be about the people who are affected by the issue that we are debating.
I want to return to what crofting is. To echo the point that Jayne Baxter made, when I was appointed to the committee, I did not know what crofting was either, but I am starting to learn what it means to so many people. Crofting is a system of landholding that makes a significant economic, social and environmental contribution to remote and rural areas, and it is part of our history. I am informed that there are 17,725 crofts in Scotland, mainly in the Highlands and Islands, and that about 33,000 people live in crofting households.
The bill is needed to address a problem that occurred with a provision in the Crofting Reform (Scotland) Act 2010. I am sure that everyone has repeated this. The 2010 act introduced the term “owner-occupier crofter” into the 1993 act. I listened intently to the point that Dave Thompson made earlier about the various legislation on crofting that has come in over the years, and to the point that Angus MacDonald made with regard to what needs to be done, which was identified by the minister, the convener of the committee and other speakers. That provision in the 2010 act has had the unintended effect that owner-occupier crofters are not allowed to apply to the Crofting Commission to decroft land unless the land is vacant.
I note that there have been several criticisms that those who will be affected by the bill have not been consulted on its proposals. However, I re-emphasise my earlier point that those who are affected by the current situation desire that it be fixed, which will happen through the bill. Despite the tight parliamentary timetable, the Government attempted in the time that was available to seek views from the stakeholders on the proposals, as the minister ably reminded us. I make that point merely to highlight the fact that the Government has made every attempt to involve people in the decision-making process.
One prominent issue that is worth noting, and on which there is some strength of opinion among lawyers and crofters—as Graeme Dey said earlier, we got perhaps the only free legal advice that we will ever receive from lawyers—is that the current state of crofting law is poor. I think that everyone accepts that. If I, as a member for Central Scotland, recognise that, it must be poor. However, I am confident that the Scottish Government and the minister will look at that in detail.
The bill seeks to right a problem and to close a loophole. As other committee members do, I believe that despite the concerns that have been raised the bill will achieve its policy aim; it will do what it sets out to do and enable owner-occupier crofters to apply to the Crofting Commission for a decrofting direction.
As my final remarks in this stage 1 debate, I say that I hope that the bill will close the current loophole and bring much-needed assistance to the people who are affected by the problem. Once again, I congratulate the Scottish Government on introducing the bill and I welcome the swift action that it has taken. The Government’s action, along with the work that was done on the stage 1 report by the members of the Rural Affairs, Climate Change and Environment Committee—under the able stewardship, as I said yesterday, of our convener—are to be commended. The bill highlights the Scottish National Party Government’s commitment to getting things right for the people of Scotland, whom we serve.
16:07
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
The next item of business is a debate on motion S4M-06798, in the name of Paul Wheelhouse, on the Crofting (Amendment) (Scotland) Bill. I invite the minister...
The Minister for Environment and Climate Change (Paul Wheelhouse)
SNP
It is a well-known fact that crofting tenure forms an important part of our environmental, cultural and social heritage and that crofting traditions are clos...
Tavish Scott (Shetland Islands) (LD)
LD
Does not this whole issue prove that, as the Rural Affairs, Climate Change and Environment Committee has suggested, there is a desperate need for consolidati...
Paul Wheelhouse
SNP
I will deal with that later in my speech, but I certainly acknowledge the member’s point. The committee makes the fair point that crofting law is horrendousl...
Alex Fergusson (Galloway and West Dumfries) (Con)
Con
Does the minister accept that several of the concerns about drafting were raised by lawyers who are eminent in the field of crofting law—I admire them for be...
Paul Wheelhouse
SNP
I am just about to come on to that. If I do not address Mr Fergusson’s point, I will let him come back in later.Some stakeholders have indeed suggested alter...
Rob Gibson (Caithness, Sutherland and Ross) (SNP)
SNP
I speak on behalf of the committee. Crofts, as it is said, are small pieces of land surrounded by thick, prickly hedges of legislation. That has never seemed...
Paul Wheelhouse
SNP
Given the expedited process, it would perhaps help to clarify that we understand that 31 additional applications have been processed but returned to the appl...
Rob Gibson
SNP
That is useful to know.The law must reflect the policy intention of the 2010 act, which was that all crofters should be able to decroft land, subject to the ...
Tavish Scott
LD
I entirely agree with Mr Gibson’s conclusion on the issues that are still outstanding. Does his committee have any plans to have another look at those matter...
Rob Gibson
SNP
In its report, I think that the committee was minded to say that we should do that, although, given the complexity of the issues, we might have to hold two m...
Claudia Beamish (South Scotland) (Lab)
Lab
Scottish Labour will support the Crofting (Amendment) (Scotland) Bill at stage 1.To be honest, I am one of those people who did not know a great deal about c...
The Deputy Presiding Officer
Con
I call Alex Fergusson. You have up to eight minutes.15:18
Alex Fergusson (Galloway and West Dumfries) (Con)
Con
Thank you, Presiding Officer. The time available seems to be increasing by the second.I am eternally grateful that I am taking part in the debate early, beca...
Graeme Dey (Angus South) (SNP)
SNP
During one of the Rural Affairs, Climate Change and Environment Committee’s evidence sessions on the bill, Alex Fergusson confessed to being a complete layma...
Paul Wheelhouse
SNP
I made the point that the bill is drafted in such a way as to mimic, as best it can do, the provisions for tenant crofters. It is important to say that the c...
Graeme Dey
SNP
I thank the minister for his intervention. However, Sir Crispin Agnew offered helpful advice on wording, and it is not often that a learned QC offers advice ...
Rhoda Grant (Highlands and Islands) (Lab)
Lab
I, too, welcome the bill, but I am concerned about its complexity. It has already been said that specialist crofting lawyers have warned the Rural Affairs, C...
Rob Gibson
SNP
Does the member realise that the Crofting Commission is consulting on the means by which grazings committees make such reports? In any case, the commission r...
Rhoda Grant
Lab
It all depends on what is required in that report—what its contents will be. Those who live and work in small communities know that stresses and tensions can...
Angus MacDonald (Falkirk East) (SNP)
SNP
I am very pleased to contribute to today’s debate. One would be forgiven for thinking that, hailing from the Isle of Lewis, I would be clued up on all things...
Tavish Scott (Shetland Islands) (LD)
LD
Mr Gibson mentioned hedges in his definition of crofts. The definition of a croft that we usually use in Shetland is a piece of disputed land, surrounded by ...
Nigel Don (Angus North and Mearns) (SNP)
SNP
Tavish Scott makes the fair point that the issue does not affect a huge number of people in Scotland. However, I am sure he would agree that the real issue i...
Tavish Scott
LD
I do not disagree with that assessment, although the land is not much use if it does not have people on it. My concern is—and has always been, not only since...
Alex Fergusson
Con
I hope that Tavish Scott accepts that I did not say that the loophole should not have been found; I said that it was a measure of the complexity of the issue...
Tavish Scott
LD
I am sorry—I was so taken with Alex Fergusson’s run-through of various features of mythology and trying to remember my schoolboy Greek that I lost his point,...
Dave Thompson (Skye, Lochaber and Badenoch) (SNP)
SNP
I welcome the progress that has been made with this essential amendment of the 2010 act, and I am glad that we are already at stage 1. Although we must ensur...
Jayne Baxter (Mid Scotland and Fife) (Lab)
Lab
When I became an MSP for Mid Scotland and Fife I did not imagine that I would spend some of my first few months considering the complexities of crofting legi...
Richard Lyle (Central Scotland) (SNP)
SNP
I welcome the bill. As a member of the Rural Affairs, Environment and Climate Change Committee, I fully support the bill—and the Government’s swift action—be...
Jean Urquhart (Highlands and Islands) (Ind)
Ind
I, too, commend the minister and the Scottish Government for the manner in which, and the punctuality with which, they have addressed this serious issue. The...