Land Registration etc (Scotland) Bill: Stage 3

Part of the debate – in the Scottish Parliament at on 31 May 2012.

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Photo of Rhoda Grant Rhoda Grant Labour

In speaking to my amendment, I make it clear that I believe that all land ownership in Scotland should be open and transparent. Knowledge of land ownership and beneficial ownership should be in the public domain.

I heard with interest what the Government said about my stage 2 amendments on the issue. The Government did not agree with those amendments because it was concerned about bureaucracy and increased staffing and cost requirements. Rather than amend the bill in the way that I previously proposed, I now seek to amend it in a practical way that I hope would deal with the problems that the lack of transparency causes.

Land in Scotland can be owned by offshore companies or trusts. That in itself does not cause a problem, unless such a landowner acts irresponsibly and refuses to enter into discussion with tenants and crofters. I have dealt with cases in which crofters and tenants wished to develop projects that would lead to jobs and an economic boost in their areas, but such projects fell because permission could not be obtained from landowners.

My amendment 1 would allow the Government to make regulations that would permit tenants and crofters to discover the true identity of landowners. The amendment is narrowly drawn, as not all landowners would be required to provide the information that is referred to.

If a company were publicly floated, it would be impossible to identify every shareholder. However, the names of the organisation’s decision makers would be publicly available and the company would be required to hold an annual general meeting. Those are mechanisms that a tenant could use to make contact. It would be allowable and desirable not to require such companies to give the information mentioned in the amendment.

The beneficial owners that I wish to be identified are those who abuse their position and hide behind offshore companies. The amendment is so narrowly drawn that it does not include all offshore companies and the like; it would cover only those in relation to which someone with an interest, such as a tenant, had applied to the keeper for information.

Amendment 1 is a simple amendment that would solve the problem, although it is a long way short of the amendment that I would have wished to lodge.

I move amendment 1.