Sarah-Jane Laing

The rural business organisation said today that the bill as it stands is unworkable and jeopardises the ability of estate and farming businesses to deliver the government’s own rural policies of tackling the climate and nature emergencies, providing homes, producing food and growing the economy.

A key parliamentary committee report on the bill – following months of evidence at the Scottish Parliament – is expected soon and a full parliamentary debate on the principles of the bill will follow.

Sarah-Jane Laing, chief executive, Scottish Land & Estates, said: “Over the last 20 years plus, rural businesses have lived with – and accepted – a multitude of land reform measures. However, the continued focus on land reform is now leading to totally disproportionate and unfair legislative proposals which will lead to an era of wanton damage to rural businesses. This is at a time when public resources are scarce, and there is much to do to improve how Scotland functions as a whole.

“It is simply unjust to expect estate businesses to help deliver key government policies – which they willingly do – then tie one hand behind their backs and penalise them in a variety of ways. It is a hypocritical approach that will impact on people, jobs and nature.”

SLE has identified three key areas of the bill which need a major rethink to prevent it being unworkable. They are:

• prior notification – whereby advance notice of any estate sales or part of estate is provided to any potential interested party;
• lotting provisions – whereby Scottish government ministers would act as an estate agent and lot an estate when it was being put up for sale; and
• retrospective changes to agricultural tenancies – which will further erode confidence to let land.

Ms Laing continued: “With a key debate on the bill coming soon in the Scottish Parliament, we cannot stress strongly enough the need for changes to be made. This is another bill where the Scottish government has to go back to the drawing board.

“Throughout the parliamentary hearings, witnesses from across the spectrum – including supporters and critics of land reform, as well as independent experts – have agreed that the bill requires extensive revisions. It is possible to meet the Scottish government’s original objectives of greater transparency and community engagement without damaging businesses.

“The idea of the government acting as an estate agent by lotting estates being sold is both alarming and unworkable and could lead to taxpayers’ being lumbered with substantial compensation payments. There is no demand for this and it must be scrapped.

“We see merit in the concept of land management plans, which are clear and transparent, but again it seems that the Scottish government is creating unnecessary bureaucracy. They should be designed to foster constructive dialogue and knowledge about how estate businesses operate and contribute to local communities – not as a punitive tool against landowners.

“Extensive provisions already exist for communities to acquire land, and the need for prior notification of land sales to all and sundry when an estate is being sold will only lead to further cost and delay, both for businesses and the public purse, and as drafted, could hold up sales to sitting tenants or local businesses which just seems ludicrous.

“The Scottish government’s continuation of its ‘big is bad’ approach to land ownership and management is not backed up by evidence. Diverse ownership does not automatically translate to improved stewardship or greater community benefits.”