Holyrood committee: stronger bill essential to delivering ambitious land reform

The committee highlighted a range of issues in its report on the Land Reform (Scotland) Bill.

It said the bill needs to state clearly that land is a national asset for the benefit of all the people of Scotland and be firmly and explicitly set within the context of international human rights obligations.

It added changes are required to the draft legislation to secure improved transparency about who owns, controls and benefits from land, and the committee suggests how that might be achieved.

Steps must also be taken, the committee said, to explain more effectively why engagement between landowners, land managers and communities is demanded by the bill, to ensure that guidance on engagement will not be ignored by any party and make all concerned aware of potential penalties for not adhering to guidance.

The proposed new right to buy for communities to further sustainable development was welcomed but the committee asked the government to consider whether the test thresholds are too high and whether communities will be able to make full use of the provisions.

It called for an intended review into deer management to be brought forward and concluded in time for the Scottish government to take any required action at the end of 2016.

The committee had significant concerns relating to the lack of detailed supporting information concerning the reintroduction of non-domestic business rates for shootings and deer forests.

It called on the Scottish government to provide a thorough, robust and evidence-based analysis of the potential economic, social and environmental impacts of ending the sporting rates exemption as soon as possible, and certainly before the start of stage 2, if the committee is to be in a position to support this part of the bill.

Regarding agricultural holdings, the committee questioned whether the bill can deliver its stated objectives of maintaining or increasing the amount of land available to let and strengthening the rights of tenants and making it easier for them to invest in their tenancies while protecting the rights of landlords.

It is vital that, subject to a full consultation, a statutory code of practice for land agents is developed by the Tenant Farming Commissioner and rigorously enforced it said.

Finally, it made a call for the Scottish government to consider options that could give 1991 Act Tenants a right to buy “in certain circumstances”.

Convener of the committee, Rob Gibson MSP said: “The committee shares the government’s stated aim of delivering radical land reform and supports many of the measures contained within and general principles of the bill. But in our view, some parts, as drafted, require more work to deliver their ambitions.

“Key issues - such as improving transparency on who owns, controls and benefits from land, making the rent review process fairer and more transparent; and creating a better environment for investment in holdings by both tenants and landlords - require either further consideration or more detailed explanation. We are asking for greater detail before the Stage One debate at the Scottish Parliament, so the committee can be clear on what is intended and how it will work.”

Mr Gibson added: “The bill has stimulated a huge debate across Scotland about our land and what it means for the country.

“It is important that as the bill progresses through the parliamentary process members from across the chamber join the committee and the government in working to deliver the ambition and clarity most people in Scotland want to see.”