Crofting Law Reform

– in the Scottish Parliament at on 13 September 2023.

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Photo of Donald Cameron Donald Cameron Conservative

2. I refer members to my entry in the register of members’ interests in relation to both crofting and the fact that I am a member of the Faculty of Advocates.

To ask the Scottish Government for what reason its programme for government 2023-24 did not include a commitment to a crofting bill. (S6O-02489)

Photo of Mairi Gougeon Mairi Gougeon Scottish National Party

The programme for government 2023-24 commits the Scottish Government to developing and consulting on proposals for reform of crofting law. That is a key and necessary part of the process of developing and then introducing a bill, which we remain committed to doing in this parliamentary term.

Photo of Donald Cameron Donald Cameron Conservative

The cabinet secretary might be aware that crofting reform of some sort has been pledged by this Government in 2014, 2015, 2016, 2017, 2018, 2022 and now in 2023. However, in that time, there has been little movement, despite calls for reform from crofting communities. What assurances can the cabinet secretary give those communities that the most recent pledge will not end up in the long grass, like the many pledges that have gone before it?

Photo of Mairi Gougeon Mairi Gougeon Scottish National Party

I disagree with the member. We committed to introducing a crofting bill this parliamentary term, and that is exactly what we have set out to do.

In order to do that and to consider the proposals that were brought forward previously, we reintroduced and re-established the crofting bill group. It has met 11 times so far, with further meetings planned so that we can develop those proposals further.

As I set out in my initial response, there is a process that we go through in developing legislation. That is why we have committed to introducing a consultation on the measures that we will be bringing forward for a bill.

Photo of Alasdair Allan Alasdair Allan Scottish National Party

I look forward to seeing the bill that the cabinet secretary has confirmed. Does she agree, however, that it is quite difficult for Opposition parties to cast themselves as champions for crofting while they are content, by their silence, to allow their colleagues at Westminster to leave crofters totally in the dark over the future of less favoured area support scheme funding?

Photo of Mairi Gougeon Mairi Gougeon Scottish National Party

Yes, I agree. The imposed Brexit that we have had forced on us in Scotland means that rural Scotland, in particular, has been badly let down. LFASS, or funding to support those who need it most—that is, those who farm and croft in Scotland’s most marginal areas—might not matter to the UK Government; after all, in the last common agricultural policy, it chose not to provide that funding in England. However, as more than 80 per cent of all land in Scotland is in less favoured areas, it really does matter to us, and in particular to our crofters.

Multiyear certainty has been replaced with absolutely no commitment for funding beyond 2025. That is a result of the choices that were made by the United Kingdom Government and its refusal to deliver on its own public commitment to engage meaningfully on future budgets.

Photo of Rhoda Grant Rhoda Grant Labour

The cabinet secretary will be aware that a crofting bill was promised in the previous session of Parliament. The problems with crofting were caused by the bill that became the Crofting Reform (Scotland) Act 2010, and we desperately need a bill to put right what was done wrong in that legislation. Will the cabinet secretary either repeal the previous legislation or bring forward a new bill immediately? The current legislation is a dead hand on crofting.

Photo of Mairi Gougeon Mairi Gougeon Scottish National Party

All of the issues that the member has highlighted, and which have been raised previously, are being considered by the crofting bill group. Again, it is our intention to provide that clarity in law, to tidy up the current legislation and to better regulate crofting.

As I said in my previous responses, the crofting bill group was formally re-established in May last year, and right now it is considering at least 50 different issues to determine which will feature in the bill that we bring forward. Of course, there will be wider engagement and consultation on that in due course, and I look forward to engaging with members on all sides of the chamber as we develop the legislation.