Land reform draft legislation review urged to deliver 'radical change'

Flagship Scottish Government legislation on land reform will need to be amended if it is to deliver the ``radical changes needed on the ground'', a Holyrood committee has said.

Holyrood
Published 4th Dec 2015

Flagship Scottish Government legislation on land reform will need to be amended if it is to deliver the radical changes needed on the ground'', a Holyrood committee has said.

MSPs on the Rural Affairs, Climate Change and Environment Committee (RACCE) have insisted the Land Reform Bill must be enhanced and strengthened if it is to achieve its aims''.

The legislation proposes a series of changes, including an end to business rate exemptions for shooting and deerstalking estates, giving communities a right to buy land to help sustainable development, and making information on who owns land and its value more readily available to the public.

SNP members at the party conference in October rejected the plans, arguing that the legislation as currently proposed does not go far enough.

Committee convener Rob Gibson 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.''

Mr Gibson called on ministers to provide greater detail'' about the proposals before Holyrood as a whole debates the general principles of the legislation.

In its report on the Bill, the committee said it was essential'' that the new law states clearlythat land is a national asset for the benefit of all the people of Scotland''.

Proposals aimed at making details of land ownership more transparent and accessible, as well as those aimed at improving engagement with communities about decision making, and other sections will need to be changed at stage two to make certain that they will deliver the radical changes needed on the ground''.

The committee also regrets'' that Part 3 of the legislation as currently draftedis unlikely to deliver the improved transparency about those who not only own land, but control or benefit from land, that the Scottish Government is seeking, and that the committee and many people in Scotland want, and have a right, to see''.

The report demanded this section of the Bill must be enhanced and strengthened if it is to achieve its aims''.

While plans to give communities the right to buy to help with sustainable development were welcomed, the MSPs voiced concerns that the threshold for this might be set too high.

Concerns about a lack of evidence on plans to end business rates exemptions for shooting and deerstalking estates were also highlighted, with the report calling on ministers to provide a thorough analysis of the possible economic, social and environmental implications.

The committee stressed the Bill should be bold in its ambition and clear in its purpose'', adding that itneeds to deliver a rebalancing of the rights of people and property, and to tackle the current unhealthy balance of power, so that everyone in Scotland can have an improved relationship with, and connection to, the land on which they live and work''.

The report added: Whilst the committee supports many of the general principles of the Bill and many of the measures within it, it is clear that some parts of it are unlikely to fully deliver the ambitions of the consultation and review processes which informed it.''

Land Reform Minister Aileen McLeod said: We will now carefully consider the committee's report and respond to the constructive recommendations that have been made.

There is no doubt that the Land Reform Bill represents the most radical and ambitious programme yet, and is a vital next step in our land reform journey.

We have an incredible opportunity to secure real, and potentially life-changing, benefits for people and communities across Scotland, and we look forward to exploring the ideas and suggestions of the committee to further strengthen the Bill.''