Sarah-Jane Laing

The organisation commented after a new parliamentary committee report and advice from the Scottish Land Commission highlighted the need for change in the proposed legislation.

The report by the Delegated Powers and Law Reform Committee is highly critical of the Scottish government’s use of delegated powers throughout the draft bill and the way it reserves power to make significant policy change in future via delegated legislation and importantly, without a statutory duty to consult those affected beforehand.

The committee report states: “The correspondence and evidence from the Cabinet Secretary [Mairi Gougeon] confirmed to the committee that very few detailed discussions have been carried out to date with stakeholders on what subsequent regulations will look like.”

The Scottish Land Commission (SLC) has also issued advice to the government calling for a “simplification” of many aspects of the bill, including setting a unified threshold of 1,000 hectares for all proposed measures in part one, rather than the varied thresholds currently set out. It also includes recommendations regarding the simplification of the “prior notification process” for community buyouts and suggests that there should be public acquisition of land where there is a public interest in breaking up large landholdings.

The SLC also claims in its report that “international evidence also shows that large-scale ownership is not necessary to achieve land use goals effectively”. This does not accord with the view expressed by the Scottish government when defending the off-market purchase of Glenprosen Estate in 2022 – and the opportunity the government said the acquisition created for woodland creation at a landscape scale.

Scottish Land & Estates’ chief executive, Sarah-Jane Laing, said: “The reports from the Delegated Powers and Law Reform Committee and the Scottish Land Commission make it abundantly clear that the Land Reform Bill, in its current form, is unworkable. This concern has been echoed by stakeholders on all sides of the debate during parliamentary evidence sessions.

“The Delegated Powers Committee’s findings are particularly critical of the Scottish government’s approach, highlighting the lack of detail and extensive reliance on secondary legislation. Labelling it as ‘framework legislation,’ the committee underscores the sweeping powers the government seeks to grant itself – some of which duplicate unused provisions from decades-old legislation.

“While it is positive to see parliamentary scrutiny holding the government accountable, whether ministers will accept the need for meaningful consultation with those most affected – landowners and rural businesses – remains uncertain.

“The Scottish Land Commission has made some constructive suggestions to address flaws in the draft bill, but they appear constrained by the political reality that starting afresh may be seen as unviable.

“The SLC refers to international evidence it claims demonstrates large-scale ownership is not necessary to achieve land use goals – but says nothing about whether those objectives are achieved in the most cost-effective way for taxpayers and at a pace that aligns with the urgency of net-zero goals.

“We are on record that many of the measures proposed in this bill are unnecessary. Regardless of whether we concur with their political aims, it is incumbent on the Scottish government that any proposed legislation is proportionate, practical, and capable of delivering long-term stability.

“If ministers ignore the advice of a wide range of voices and fail to correct these fundamental issues, Scotland’s rural businesses will face significant uncertainty and disruption.”