Holyrood’s Net Zero, Energy & Transport Committee has published a report stating that changes are needed to the Land Reform (Scotland) Bill to meet policy objectives.
Amendments to the Bill are necessary to deliver its aims, despite the majority of committee members supporting the general principles.
The report states that Part 1 of the Bill ‘risks not delivering, with its approach seen as potentially burdensome and bureaucratic’. The committee calls for ‘processes that are as simple as they can be’ and ‘deliver positive change for people.’
The Committee supports the Bill’s Part 1 provision for estates to create Land Management Plans (LMPs) following community consultation. Stating these plans have the ‘potential to create an accessible ‘one stop shop’ for information about large parcels of land and improve transparency about estate ownership and use.’
However, it doubts that the Bill’s provision to make “off-market sales” harder and give communities more time to register interest will have a significant impact. The committee also noted disappointment that the Scottish Government did not complete its review of the Community Right to Buy before introducing the Bill.
Additionally, the Committee supports “lotting”, a principle giving Ministers a discretionary power for large estates to be broken into smaller lots when up for sale. In each case that proposes lotting the Bill must be strengthened to require express consideration of the public interest.
Part 2 of the Bill aims to reverse the decline in agricultural tenancies and help the sector respond to twin climate and biodiversity crises. It states that balancing landlord and tenant interests is needed to prevent further reduction in land leases, while also considering how to actively encourage the leasing of land for agriculture.
Edward Mountain, Committee Convener comments: “This is a large and complex bill which proposes fundamental changes to the way land is managed in Scotland, and it is crucial that it strikes the right balance.
“We need rural communities and islands to thrive, and we need to support and encourage action to tackle our climate and biodiversity crises.
“Only 8% of the respondents to our call for views thought that the Bill in its current form would fulfil the Scottish Government’s objectives. The government’s own independent advisers, the Scottish Land Commission, also agree the Bill needs substantial changes at Stage 2 to fully deliver.
“During our year-long inquiry, we sought to hear from diverse voices via our evidence sessions, our call for views and being out and about in rural and agricultural Scotland.”
Samples of recommendations made in the report include:
- A majority of the Committee believes the Bill sets the community engagement threshold too high (3,000 hectares for mainland estates) and calls for a review.
- An appointee must seek professional advice to support lotting decisions made by Scottish Ministers.
- More time for a community to register interest in large landholding.
- The Scottish Government define ‘sustainable and regenerative agriculture’ as Part 2 of the Bill relies on this term.
- Compensation should be increased when landlords take back part of the tenancy.
