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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 5 February 2026
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Displaying 7190 contributions

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Rural Affairs and Islands Committee

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 24 September 2025

Finlay Carson

We will move on to enforcement duties. I know that we have touched on them, but Alasdair Allan has a further question.

Rural Affairs and Islands Committee

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 24 September 2025

Finlay Carson

Not animosity. Anonymity—that is the word. I am not going to try to say that again.

You know where I am coming from. In the past, there have been concerns that certain individuals have been targeted because of reporting breaches. Will there be that sort of fairness, if the commission is seen, ultimately, to be dealing with complaints instead of concerns about who made the complaint in the first place?

Rural Affairs and Islands Committee

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 24 September 2025

Finlay Carson

The question is whether you think that naming complainants would be helpful. Some grazings committees have a limited number of members because of the way that the townships are made up, which makes individuals feel less comfortable about making a complaint. At the moment, the members of the grazings committees would be named. In your experience, is there a lower number of complaints because, to use the phrase again, there is no discretionary element?

Rural Affairs and Islands Committee

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 24 September 2025

Finlay Carson

Before we move on to the next questions, about common grazings, I would like you to set out exactly the issues with sub-tenants and short leases, whether they are formal or informal.

We have heard that a number of crofters sometimes use subletting or informal agreements to help—for example, when there is a crofter in their 70s who is no longer physically able to maintain or cultivate their croft and there is another crofter perhaps 40km away who uses the croft to graze their cattle or whatever. What are the issues there? A lot of the bill is about clearing things up, and you have suggested that it is a useful tool, but what is it trying to address? What are the issues with sublets and sub-tenants? Is it simply about absent crofters?

Rural Affairs and Islands Committee

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 24 September 2025

Finlay Carson

Is there an argument for toughening up the scenarios in which those shares can be decoupled from the crofting land? We have heard of people keeping the shares as an investment, because they see future value in them through a wind turbine being built on common grazings, for example. Alasdair Allan will ask about common grazings being used for environmental purposes—for peatland restoration, carbon credits, biodiversity credits and so on.

The whole philosophy behind, and the reason for having, crofting is not so that individuals gain wealth or capital, but the splitting of those shares away from the crofting land is potentially seen as an investment—it is almost land grabbing for a future increase in value. There are rules on shares, and people still have to abide by crofting rules, but do those rules need to be tightened? Do the deemed crofting rules need to be clearer, or will there be lots of court battles and judicial reviews in the future about none of the crofts that are attached to common grazing having the shares and all the shares being held somewhere else?

Rural Affairs and Islands Committee

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 24 September 2025

Finlay Carson

How do you deal with lost shares? I imagine that, somewhere along the line, following their decoupling from crofting land, common grazings shares have disappeared, with nobody knowing where those shares sit. Is there a need for the common grazings system to be able to retrieve and redistribute those shares if, for example, the owner cannot be identified or has died intestate?

Rural Affairs and Islands Committee

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 24 September 2025

Finlay Carson

Okay. I will go to Rhoda Grant.

Rural Affairs and Islands Committee

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 24 September 2025

Finlay Carson

Are you happy that no further safeguards need to be put in place?

Rural Affairs and Islands Committee

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 24 September 2025

Finlay Carson

It is quite obvious that not double reporting transfers and the keeper being ultimately responsible for the registrations is a good way forward. I imagine that, in the future, there will be an opportunity for Registers of Scotland to overlay different maps, whether that is via RPID or future carbon credits or whatever—one place for that sort of operation would certainly be Registers of Scotland. It appears to be the commonsense way forward, along with using strengthened powers to rectify errors, as you have touched on. You are talking about it being a while away, but what other challenges might there be in that transition? What challenges might the separation bring for the commission?

11:00  

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 24 September 2025

Finlay Carson

Good morning, and welcome to the 26th meeting in 2025 of the Rural Affairs and Islands Committee. Before we begin, I ask members to please ensure that all electronic devices are switched to silent.

Agenda item 1 is consideration of subordinate legislation. I welcome to the meeting Jim Fairlie, Minister for Agriculture and Connectivity, and the following Scottish Government officials: Darren Cormack, policy manager, livestock products; James Hamilton, lawyer; and Joe Kirk, poultry unit branch head. I invite the minister to make a short opening statement.