Land Reform Bill needs strengthened, MSPs report
The Scottish Government’s Land Reform Bill requires strengthening in key areas to deliver on its radical ambitions, according to the stage 1 report by Holyrood committee in charge of the bill.
MSPs on the Rural Affairs, Climate Change & Environment Committee have highlighted a range of issues on which they believe more work is needed if the general principles underpinning the bill are to be achieved.
They believe 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.
Areas where they call for possible amendment include:
- provisions on transparency about who owns, controls and benefits from land;
- measures to ensure that guidance on engagement between landowners, land managers and communities will not be ignored by any party, and awareness of potential penalties for not adhering to guidance;
- regarding the proposed new right to buy for communities to further sustainable development, whether the test thresholds are too high and whether communities will be able to make full use of the provisions.
The committee also has significant concerns relating to the lack of detailed supporting information concerning the reintroduction of non-domestic business rates for shootings and deer forests. It calls 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 questions 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. A majority on the committee – Alex Fergusson and Jim Hume dissenting – further call on ministers to consider options that could give 1991 Act tenants a right to buy "in certain circumstances".
Mr Fergusson also dissented on the community right to buy section of the report.
Convener 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 1 debate at the Scottish Parliament, so the committee can be clear on what is intended and how it will work."
He continued: “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.”