Crofting Bill sets foundation for joint action

Press Release

Rural business organisation Scottish Land & Estates (SLE) has cautiously welcomed the approval of the Crofting and Scottish Land Court (Scotland) Bill by the Scottish parliament yesterday (24 March).

The Bill seeks to simplify and streamline crofting legislation, as well as introducing an expanded Scottish Land Court, taking on the functions of the Lands Tribunal for Scotland as well as some access disputes. 

By facilitating environmental use of crofts and common grazings, the legislation recognises that land in the crofting counties is increasingly important to help contribute to Scotland’s environmental objectives, such as carbon sequestration. Measures to assist the Crofting Commission to enforce regulation and dampen speculation in crofts should also support social and economic goals, particularly the retention of rural populations.

Jackie McCreery, SLE legal adviser, said: “From the outset, there has been meaningful collaboration on this Bill between Scottish Land & Estates, officials and other stakeholders. We welcome that positive engagement which I think speaks to the collegiate approach which is a special feature of crofting more generally.  Throughout this legislative process we have argued for the positive role of modern crofting landowners to be recognized and for them to be valued as members of the strong communities in which they are located. 

“Our members are keen to continue to contribute to the economic, environmental and social wellbeing of crofting areas, where public funding alone will not achieve the outcomes desired by society as a whole.

“In particular, common grazings can play a significant role in helping  meet  Scotland’s carbon sequestration goals. We have called for better regulation and clarity about the shared rights and duties over this land. We therefore welcome that the Bill will result in a specific review of common grazings and how transparency in their operation can be improved, which should reduce abandonment and neglect of this land. 

“We also welcome measures for voluntary binding joint venture agreements between crofters and owners. This kind of collaborative working is the way forward for common grazings and we support a fair balance in sharing the risks and benefits. A properly functioning Crofting system with a strong Commission by its very nature should prevent either owners or crofters exploiting their respective interests in the land to the detriment of the other. It is hoped this Bill will support that vision and we want to see owners and crofters having the confidence to work together to take forward more joint activity.   

“However, it should also be remembered that even if an owner wished to take forward a project fully at their own risk, they cannot do so without the oversight of the Land Court and appropriate compensation being paid, so crofters have protection either way.” 

Jackie McCreery continued: “We support efforts in the legislation to prevent shares in common grazings being detached from the parent croft. Communal activity on the common grazings for shared benefit is a unique feature of crofting which sets it apart from other forms of land tenure. Too many common grazings are effectively abandoned and the owners are powerless to do anything productive with them if shareholders cannot be traced or cannot reach agreement. 

“We were disappointed that a landowner representative will no longer be guaranteed a seat on the Commission but we very much welcome the Minister’s commitment to formalising the relationship between ourselves and the Commission so that owners’ interests can be taken into account at the right level. ”

SLE members include a wide range of landowners and rural businesses in the crofting counties ranging from the more traditional crofting estates to diversified rural businesses. SLE also represents crofters in their own right.