Holyrood Committee agrees the general principles of the Crofting and Scottish Land Court Bill

In light of broad-based agreement for a ‘more fundamental and structural review’ of crofting policy and law in modern Scotland, however, the Committee urges the new Scottish Government to undertake this review, and then bring forward legislation, during the next parliamentary session.

Committee Convener Finlay Carson MSP, said;

“This is a useful Bill in as far as the changes it proposes should help to modernise and update some aspects of crofting law to support crofters and crofting communities. It should also help to streamline regulatory processes carried out by the Crofting Commission and the Registers of Scotland.

“But it is clear there is a real appetite for further reform to ensure crofting policy and law is best able to support crofters and their communities in the future.

“Crofting is hugely important to Scotland for the cultural, economic, social and environmental benefits it continues to deliver in rural areas. That’s why we need properly thought through crofting policy to ensure the key tenets of the crofting system remain relevant and crofters are equipped to meet the emerging challenges of the sector, head on.”

The issue of effective enforcement of the crofters’ duties, that crofters should be resident on their croft, cultivate it and not misuse it, was raised in every discussion and evidence session relating to the Bill. In its report, the Committee welcomes the Crofting Commission’s refocus on this issue.

The report says that the ‘Committee believes that a healthy, thriving and sustainable crofting community in Scotland rests on the effective enforcement of crofters’ duties by an adequately resourced Crofting Commission.’

On enforcement issues in general, the report sets out the Committee’s support for;

• changes to make it easier for crofters to use their crofts and common grazings for environmental projects, although the report says that effective enforcement is vital to reassure crofters that this wouldn’t be used as an excuse for neglect
• streamlining the process for assignation (transfer) of a croft to close family members, thus providing a route for young crofters to obtain a croft
• making it easier for community organisations to purchase croft land and use it for crofting or housing purposes in order to provide more rural and affordable housing
• addressing the accidental separation of grazing shares – the right to use the common grazing (shared uphill land) traditionally used for grazing livestock – although the Committee noted the wide support amongst crofters to prevent the separation of shares altogether
• more generally, that the Scottish Government should maintain its support and resourcing of the Crofting Commission to enable it to keep its’ refocus on enforcement and
• support for the Scottish Government’s aspiration to develop the role of the Rural Payments and Inspections Division as key to providing a network of local knowledge and presence to support enforcement.

Convener Finlay Carson MSP continued;

“We’d like to thank everyone who took the time to support our scrutiny of this Bill. This includes those we met during our visit to Skye, where many of our views and lasting impressions of the sector were formed, and when we met crofters from across Scotland at an online meeting.”

Read the committee's report