Official Report 514KB pdf
The next item of business is a debate on motion S6M-21104, in the name of Jim Fairlie, on the Crofting and Scottish Land Court Bill at stage 3. I invite members who wish to participate in the debate to press their request-to-speak buttons now or as soon as possible.
16:57
From the crofters uprisings in the late 1880s to the Crofters Holdings (Scotland) Act 1886 and the 10 major acts of Parliament on crofting that have been delivered since then, with the last one being the Crofting (Amendment) (Scotland) Act 2013, we can see the evolution and the embedding of Scotland as a unique crofting nation. Our crofting communities are the very heart and soul of what, arguably, makes Scotland the best small country in the world. The bill that we will vote on today is the latest instalment, but certainly not the last, in Scotland’s crofting story.
I thank the Rural Affairs and Islands Committee for its work, its diligence, its scrutiny and its evidence gathering, which have helped to shape and reshape the bill so that it will do what we collectively set out to achieve—that is, a simplification of the accumulation of bills that I mentioned, which have, in all honesty, left us with remedial work to do in order to make the crofting legislation fit for purpose in modern Scotland. I believe that the bill will take us to that place.
I place on the record my profound and sincere appreciation for the incredible amount of work and engagement that my officials and policy development teams have put in. It has been a gargantuan effort, with engagement across the crofting communities, the Crofting Commission, the Scottish Land Court and the Lands Tribunal for Scotland. Because of the time that has been spent, the diligence and the extensive engagement, we come to today’s stage 3 debate knowing that no opportunity has been lost to maximise the potential to get to a point where our aims and objectives for the bill are met. I thank everyone who has had a role in helping us to get to where we are.
My final and, I believe, most important thanks go to the crofters and the stakeholders. I have had the great pleasure of meeting many of them. I enjoyed their craic and their hospitality but, most important, I took away the sense of community, of family ties and of the anchor to the land that makes crofting the very heart and soul of our crofting counties. That understanding of what it means to be a crofter is at the epicentre of many of the provisions in the bill and has helped us to shape it so that it can deliver the improvements that I believe that it will.
As I explained in the chamber at stage 1, this crofting reform should be viewed not in isolation but alongside the work of the Crofting Commission. It is important to understand the interplay between the legislation and the commission’s policy plan. The bill provides the necessary framework and the plan provides the detail of how the commission will administer and regulate. I meet the Crofting Commission regularly—in fact, I met its chair and chief executive officer today, and I know that they care deeply about the communities that they serve.
The bill provides the commission with the tools to support crofters by tackling breaches of duty and making stronger decisions on crofting applications that will support active crofting. It will also strengthen the role of grazings committees in managing common land and give crofters, and their communities, a greater say in how the land that they work is used.
We know how complex crofting law is, but the bill takes out some of that complexity. I will take a moment to outline some of the real-world improvements that the bill will deliver. It will give crofters more options in how they use their land. It will allow approximately 700 people to apply to become crofters. It will streamline the enforcement of duties and the family assignation processes. It will prevent crofters who are in breach of their duties from profiteering and removing land from crofting tenure. It will prevent the separation of a grazing share from the inby croft, unless that is specifically approved by the commission. It will give more power to the commission to approve crofter-led environmental uses of common grazings. Crofters will be able to apply to the commission for boundary and registration changes. The bill will create a power to regulate the transfer of owner-occupier crofter status.
All of that represents significant change. The bill will make crofting regulation less onerous for active crofters and the commission, and flexible enough to allow them to grasp new opportunities and cope with future challenges. However, it goes further. It also commits any future Government to scoping and launching a review of crofting law within three years of royal assent at the latest. I have put it on record that, if my party is in Government, it will take place sooner than that.
Crofters and stakeholders have been clear about the need for a broader review of crofting legislation and subsequent future reform. The bill will help to lay the foundations of a stronger and healthier future for crofting, in which we will aim for increased residency levels and more people actively using their crofts and common grazings. The provisions of the bill will support our joint endeavour to breathe new life into crofting communities and to enable rural repopulation.
On part 2 of the bill, I recognise the contributions of both the former and the current chairs of the Scottish Land Court, who have each played an important part in the consideration and development of that reform. Part 2 creates a single judicial body for resolving disputes that relate to crofting, agricultural land or valuation. It brings together the Land Court’s specialist remit and the Lands Tribunal for Scotland’s wider land, title and valuation functions.
The court will continue to work in the long-standing traditions that matter deeply to the community that it serves. Rightly, the statutory requirement for a Gaelic-speaking member and local sittings, and the specialist character of the court, will remain. The reform is proportionate and practical, and will provide the flexibility that is required to respond to future demands.
In concluding my opening remarks, I reflect on the deep connection and sense of belonging that characterise our crofting communities. The pull and draw of the land, its stewardship through generations and that deep sense of community and culture are things that we must cherish and support. That is why I assure members of the Government’s commitment to our crofting communities and to a unique way of life, which is built on the hard-won rights of those who refused to be forced from their own land. In this age of instability, their courage and persistence are a lesson to us all. Today, through the bill, we honour that proud legacy as we seek to build on it to secure crofting’s place in Scotland’s future.
I move,
That the Parliament agrees that the Crofting and Scottish Land Court Bill be passed.
17:03
I remind members of my entry in the register of members’ interests: I have a small farm, albeit that it is not a croft.
Crofting is one of the defining features of life in the Highlands and Islands. I am certainly not the first to say it, but crofting is not simply a system of land tenure; it is a way of sustaining communities, supporting rural families and protecting landscapes. It is a core part of Highland culture. For generations, crofters have helped to shape the character of some of the most fragile and beautiful parts of our country, and their contribution to our rural economy and food production remains enormously important. That is why legislation that affects crofting matters deeply to the communities that rely on it—to my constituents in the Highlands and Islands.
As I said at stage 1, there are elements of the bill that I welcome. It provides a number of useful technical clarifications and procedural improvements to existing crofting legislation. In particular, it attempts to streamline processes, improve transparency and modernise some administrative tasks. There was also constructive engagement between the Scottish Government and stakeholders prior to the bill’s publication, which is worth recognising.
However, although the bill contains worthwhile measures, it is important that we are honest about what it is and what it is not. This is not the comprehensive reform of crofting law that many people expected it to be. Members may remember that this Parliament undertook a review of crofting in 2017. At that point, there was an expectation across crofting communities that a full and meaningful modernisation of the framework would follow; yet, here we are, almost a decade later, considering legislation that makes only partial and technical changes.
That reality was recognised by the Rural Affairs and Islands Committee in its stage 1 report, which highlighted the continued importance of crofting and the cultural, economic and social benefits that it brings to rural Scotland. However, the committee also recognised that the deeper structural questions around crofting law remain unresolved. Many crofters tell me that the legal framework surrounding crofting remains complex, fragmented and, at times, difficult to navigate. The bill does not fundamentally address those challenges, and leaves wider questions about the future of crofting largely unanswered.
Crofting has always been about active land management. The primary purpose of a crofting business, for me, remains agricultural activity. Through that activity, crofters contribute not only to food production but also to biodiversity, habitat enhancement, carbon sequestration and the maintenance of the landscapes that define the Highlands and Islands. There are legitimate concerns, which were raised during scrutiny of the bill, about the land being used solely for environmental purposes without active management. Environmental benefits are important, but they must not come at the cost of abandonment or absenteeism. Crofting land should not simply become a passive landscape under the banner of rewilding or habitat creation. I do not feel that we have yet asked communities what that would mean for them.
Active occupation and active land management are at the heart of what crofting means. That brings us to a broader question that the Parliament will eventually have to confront: what does crofting mean in 21st-century Scotland? I have said this before, but it is worth repeating: crofting is not just about land use; it is about the people, the families and those remote rural areas. It is about sustaining Gaelic culture and local traditions, and supporting fragile communities that might otherwise face depopulation.
In many parts of the Highlands and Islands, crofting provides the foundation for community life. Schools, local services and small businesses often depend on the stability that it provides. If we are serious about tackling rural depopulation in the Highlands and Islands, crofting must remain a part of the solution. Therefore, although I absolutely support this bill and what it brings, I see it as only a first step. The next Government must commit to the fuller review of crofting law for which crofters have been waiting for many years, and I am pleased that the minister just confirmed that. We cannot again provide only an update, because crofting deserves more than that piecemeal reform. It deserves a clear, modern and coherent framework that protects its traditions while ensuring that it can thrive in the decades ahead.
Before I finish, I am acutely aware that we have three people doing their final speeches today. Although my colleague Jamie Halcro Johnston will also talk about that later on, I express my personal thanks to Rhoda Grant. Rhoda, it has been a pleasure to serve with you on the Rural Affairs and Islands Committee. You are a determined and principled voice for the Highlands and Islands, and we will deeply miss you.
I do not want to say this on the public record, but Richard Leonard was a slight crush of mine during his early days as leader of the Scottish Labour Party—in a good way! I did not agree with what you said, Richard, but every time that you stood up to speak, the determination that you brought in your passion for workers’ rights was quite something to behold. I do not necessarily agree with you, but, to this day, I am captivated by what you say whenever you stand up, Richard Leonard.
Members: Oh!
You see why I did not want to say that on the public record.
I am rather relieved that you did not say that through the chair, Mr Eagle.
My apologies, Presiding Officer.
Finally, I thank my colleague Edward Mountain, who has been an incredible campaigner for rural Scotland. This Parliament will miss Edward Mountain greatly. He has worked across benches and within the Scottish Conservative Party, and he has done strong work with the Scottish stoma forum and on everything that he believes in.
17:09
I thank Tim Eagle for his kind remarks. There will be a lot of thank yous in this contribution, because I also want to thank all those who helped us with our work on the bill, including Parliament staff on the committee and in the legislation team, as well as those who gave evidence to the committee and the bill team and the minister, for their very constructive discussions throughout the process.
Special thanks must go to Donna Smith and Susi Stuehlinger from the Scottish Crofting Federation—Donna is in the gallery again today. Their evidence and assistance were incredibly important to the bill, and they must rightly feel a great deal of ownership of it.
We hope that the bill, as far as it goes, will put some protections in place but also make the administration of crofting little easier, and we will support it tonight. As Tim Eagle said, it was not the bill that was promised. We all expected an overarching bill that put crofting on a firm footing for the future. That is unfinished business, but it cannot be done at the end of a parliamentary session. This bill was supposed to be dealt with early in the term and yet it will be the last one that we pass.
Drafting an overarching crofting bill will not be easy. Crofting has evolved throughout the crofting counties in very different ways, so the way that crofting works in the Western Isles is very different from the way that it works in Shetland, and it is different again in the Moray Firth and the west coast.
A new bill must strip crofting back to what it was set up to do. Crofting was devised as a result of the land raider protests to give people secure access to land. People from the Highlands and Islands were prosecuted and jailed simply for asking for land on which to work to feed their families. The early crofters were politically astute. They set up their own political party, affiliated to the Highland Land League, and had five MPs elected in 1885. The Crofters Party was a predecessor to the Labour Party. In 1886, a year after the election in which it had five MPs elected, the Crofters Holdings (Scotland) Act was passed, and we have to learn from the speed at which those MPs worked. The act established the Crofters Commission and led to reduced rents. Those were the first land reformers. Sadly, it is a struggle that continues today.
This will be my last speech in the Parliament, and it feels apt that it is about crofting, because the cross-party group on crofting was one of the first cross-party groups that I was involved in setting up, and it feels as though things have come full circle. It would be wrong of me, in my last speech, not to pay tribute to some people. To start with, I pay tribute to Maureen Macmillan and Peter Peacock, who were elected on the Highlands and Islands regional list with me in the first session of Parliament, and David Stewart, who joined us thereafter. I shared staff with all three of them. There are too many staff to mention here, but I want to thank them all for their work and support. A special thanks goes to my current team—Andrene, Laura, Stuart, Michael and Emily—who have been a fabulous support to me and my constituents. As MSPs, we should remember that we could achieve only a fraction of what we do were it not for those who work with us, so I thank them for their support. I also want to thank our Scottish Labour staff pool and the parliamentary staff who support us so well.
Over the past few weeks, I have been seeing people and thinking to myself how much I am going to miss them. It will be strange not being here, but I am going to enjoy watching the new Parliament come together. I am also looking forward to spending a lot more time with my long-suffering family. Special thanks go to my husband Mark and the rest of the family for their support over the years.
In conclusion, may I say: be kind to each other. Debate and disagree, of course, but be respectful when doing that. We are all here to make our country a better place. I want to see the Highlands and Islands thrive. I want people to understand our unique way of life—which is often different throughout the region—and I want people to respect our culture and heritage, not trample on it. Most of all, I want our people to have equality of service and infrastructure and equality of opportunity that our young people can access by staying rather than leaving. I urge the next Parliament to achieve that.
17:14
Crofting is a vital part of Scotland’s cultural and social heritage, as well as its future. It is a social and economic glue that holds rural and island communities together, offering us a template for low-impact land management that, if adopted more widely across Scotland, could help us to meet the major challenges presented by the climate and biodiversity crises, support fair access to land and food and provide an antidote to rural depopulation.
Although I am pleased that stakeholders are largely happy with the bill’s contents, it must be said—as other members have done already—that the bill is something of a missed opportunity. It has been in the pipeline for a decade, and yet what we have before us today is fairly technical, and not the ambitious reform that crofters have been crying out for.
Key elements that are missing include tighter regulation of the market in tenancies to make crofting more accessible; a scheme to create more crofts on public land; and moves towards a Scotland-wide expansion of where crofting can take place. We must ensure that the next Government uses the review of crofting legislation that Tim Eagle and I secured to deliver the much-needed solutions to those issues in order to secure crofting’s future.
I express my thanks to the stakeholders who have worked with me on the bill. The Scottish Crofting Federation and Community Land Scotland have provided excellent support on part 1. Ramblers Scotland and the Environmental Rights Centre for Scotland have also been very helpful in proposing amendments, and it has been good to collaborate on making meaningful changes to part 2. I also thank the minister and his officials for their constructive approach in meetings about the bill.
Turning to the specifics of part 1, despite the overall lack of ambition in the bill, some welcome progress has been made on giving crofters the right to put land to environmental use and ensure a fairer balance of rights between the crofting community, the public interest and landlords and estates.
I trust that those changes will allow crofters to do their bit for Scotland’s nature and climate and enable landscape-scale change so that we meet our biodiversity and emissions reduction goals, with biodiversity in particular being key to ensuring that our nation remains resilient in the face of global ecosystems collapse.
My concern is that it is unclear who is entitled to the financial benefit of that vital work. Although I understand that the bill is not the place to resolve carbon offsetting issues, I urge the next Government to commit to investigating that issue through primary legislation to allow crofters and other land users to work with full confidence.
That is not an endorsement of the carbon offsetting system—instead, it is an acknowledgement that the system exists and needs regulating in the interests of fairness, community wealth building and democratising Scotland’s land.
Part 2 of the bill is a sensible idea in principle and will give crofters, as well as other stakeholders, a clear destination for their legal cases.
It is especially pleasing to note that the new Scottish Land Court will have jurisdiction over access rights. That will allow for better, fairer access to justice in this area—something that can only improve outcomes for everyone, not just for those with the deepest pockets.
My stage 3 amendment, which will see land access guidance updated for the first time in two decades, and the minister’s amendment to review the operation of the Scottish Land Court—something that I pushed for at stage 2—will ensure that the new jurisdiction works as effectively as possible in the years to come.
To wrap up, the Scottish Greens support the bill, but we want to see further reform in the next session of Parliament to ensure a viable future for crofting for generations to come.
17:18
I am pleased to speak for the Scottish Liberal Democrats on the Crofting and Scottish Land Court Bill at stage 3. I, too, thank the Rural Affairs and Islands Committee convener, members and clerks, the bill team, those who gave evidence and the many organisations that sent briefings on the amendment stages of the bill.
As I stated in the chamber at stage 1, and as other members have highlighted today, reform of the legal landscape around crofting has been slow to emerge. The bill is a welcome step, but it is not lost on those in the crofting counties that the Scottish Government has left it right to the end of the parliamentary session.
Similarly, the Scottish Government has published the long-awaited rural support plan today, and it is disappointing that the Parliament has no time to scrutinise it. Such delays could create the perception that the Scottish Government does not recognise the importance of agriculture and crofting to Scotland.
At stage 2, I put forward the Law Society of Scotland’s suggestion to provide certainty around the involvement of family members or hired labour in a crofter’s fulfilment of their duties. The wording that specified that such assistance is permissible was removed by the Crofters (Scotland) Act 1993, and my amendment, which was accepted by the committee, reinstated that wording.
I am grateful to the minister for working with me to ensure that that wording is replicated in the section on owner-occupier crofters, thereby providing consistency.
It is long past time to have a serious review of crofting legislation, to stop making minor adjustments around the edges and to consolidate it. During stage 3, my party and I supported the Scottish Government’s amendment that requires a review of crofting law to begin within three years of royal assent. That review must be prioritised in the next parliamentary session and should not be left to the last minute. Crofters have already waited too long. I am concerned about the timescale and do not want to see another parliamentary session slipping by without adequate time being given to the much-needed review and action.
The review must engage crofters from across the crofting counties. They are the ones who must tell the Scottish Government what crofting should look like and what is needed in the coming decades, not the other way round. The Scottish Government will need to understand not only how crofters approach crofting today but how it is changing and how they envisage the regulatory framework working for them in the future. The review will need to capture the differences in crofting practice across the crofting communities, so that they can be recognised in its recommendations.
During the bill’s scrutiny, there were discussions about the complexities of common grazings. The specific review of the operation of common grazings, which must take place within five years, should be taken together with the overall review.
The tradition of crofting is the backbone of agriculture in Shetland. It is very important to all rural and island areas, where working the croft land provides economic and environmental benefits, enriches our cultural heritage and community and helps to counter depopulation. It is time for politicians from across Scotland to recognise and value crofting and its contribution to the rural island areas of the crofting counties. The Scottish Liberal Democrats will support the bill today, but it must be a stepping stone to wider crofting reform.
We move to the open debate.
17:22
I am pleased that my final speech in this session of Parliament is about such an important subject to my constituents as crofting. I, too, pay tribute to the contributions that have been made on the issue over the years by many members, not least by Rhoda Grant and Edward Mountain.
This bill has been in the works for a long time. Following the Shucksmith report in 2008, the Crofting Reform (Scotland) Act 2010 was passed. In 2014, the so-called crofting law sump concluded that a significant overhaul of crofting legislation was still required. As the minister has outlined, 140 years of successive crofting acts have created a complex legal situation that is not currently serving crofting particularly efficiently, so the bill is a welcome move to simplify some of that picture. Like other members, I very much hope to see further and more comprehensive legislation soon.
Meanwhile, as other members have mentioned, it is important not to lose sight of the reasons for and origin of crofting law. Throughout the 19th century, the people of the Highlands and Islands faced systematic persecution and eviction at the hands of some landlords who increasingly viewed humans as unprofitable. After the Napier commission examined those issues in the early 1880s, as has been mentioned, five members of the Crofters Party were elected as MPs. That pressure led to the Crofters Holdings (Scotland) Act 1886 finally being passed. For the first time, crofters had legal security of tenure and the right to fix a fair rent.
It is rare that any sector wants tighter regulation. However, the history that I have just recounted means that crofters are very aware that this traditional, culturally vital way of life requires legislation to sustain and protect it. The bill is a step forward in what must be a longer process of crofting law reform.
The bill streamlines administrative processes, frees up the Crofting Commission to focus on its enforcement duties and combines the functions of the Scottish Land Court and the Lands Tribunal for Scotland. That tackles at least some of the areas on which there was the greatest consensus among stakeholders.
The next piece of legislation will need to be more comprehensive. However, I believe that the crofting community supports the general principles and the final form of the bill that is before us today.
I was pleased to secure several amendments at stage 2, including to give ministers the power to regulate the transfer of owner-occupier crofts, to prevent a right-to-buy where a crofter is in breach of their duties, to explicitly include enforcement duties in the Crofting Commission’s responsibilities and to introduce a more practical and proportionate civil rather than criminal penalty where there is a failure to uphold certain duties.
Other members also improved the bill with their amendments, and I thank them for supporting those and other amendments last week that related to grazings shares and the involvement of the Crofting Commission, where necessary, on grazings committee applications for environmental or forestry use of common grazings.
Depending on the voting intentions of my constituents, I look forward to working with the next Government on the additional legislation that will be required. In the meantime, the bill is an important step forward on the road to crofting legislation reform and I urge members to give it their support.
17:26
As this will be my last speech in the Parliament, I hope that the minister will excuse me if I touch only briefly on the Crofting and Scottish Land Court Bill. It is nothing like what we were promised in 2016. I agree with the minister that crofting needs a simpler future to secure our heritage, our rural population and our national language. Like him, I hope that the bill is just an appetiser and a step towards a future bill. I am sure that he and many other members of the Parliament will be pleased that I will not be here to lodge one or two amendments—if I were here, he could guarantee that I would do so.
I will take some time to offer some comments on my experiences, having had the privilege of being a member of the Highlands and Islands MSP group for the past 10 years. I have found the formulaic nature of the Parliament to be quite difficult and stifling. Everything that we do follows procedures and timings. For me, four-minute speeches kill debate and prove only that the person who is giving the speech can read. Pre-supplied questions to the Government demonstrate the power of good briefings as well as good reading skills.
The never-ending creep of partisan party control is also deeply unhelpful. We should all resent parties choosing who gets supplementary questions and who gets to speak in debates. I wish that the Presiding Officer could make those decisions and call on the person who has the knowledge and the experience.
I strongly believe that we need less party dominance and more individuality. We need to put party politics to one side, because we must remember that we all came here for one reason, which is to make Scotland a better place. Therefore, we have no differences except in the way that we deliver a better Scotland. I wish that we could work more across the Parliament to make that happen.
I have found convening committees in the Parliament for nearly 10 years to be interesting. I absolutely respect the committee system, but it is truly broken. All but a few of the committees have Government majorities that can be whipped to get legislation through. That is not suitable, and it is the root cause of framework and bad legislation. I wish that we could find a way to make committees work more as a revising chamber than they do at the moment.
The other thing that has frustrated me and, I think, many people across Scotland is the constant deflections that we hear. There are cries of, “If only we had the tools and the levers of power that we need.” I gently remind politicians in this Parliament that it is about what is possible, and much is possible in this Parliament. Scotland wants and expects us to make things happen. By all means campaign for more powers—I accept that—but, when it comes to delivery, we should remember the old French proverb that it is bad workmen who blame their tools.
I would like to give three pieces of advice to those who will come here in the next session of Parliament. The first is to be kind. Members should remember that, when they come to work in this building, their job is important and they are less so. They should spare a thought for the 1,700 people who make this place work. Do not ignore them. It is they who make it possible for members to do what they do on a daily basis.
Secondly, make friends across the chamber. I have tried to do that, and it has delivered for me.
Thirdly, focus on one issue. My issue found me. Indeed, campaigning for better health outcomes across the Highlands will not leave me when I leave here.
Presiding Officer, I would like to thank you for your indulgence and that of members. I wish everyone leaving here success. I give my team and my family my heartfelt gratitude for their support. For those who are elected in May, I wish them luck. Making Scotland and all of our lives better is really important. Remember that we who are leaving will be watching.
We move to closing speeches.
17:30
I pay tribute to some of the members who have spoken today and who are stepping down. I hope that I do not pick up the tears that my colleague Edward Mountain has brought into the chamber—that depth of feeling. Although we may come from very different perspectives, he has always been willing to reach across the aisles between us to work constructively as a fellow member and convener. We have found common ground on a number of issues, including salmon farming and climate change, and I appreciate the work that we have done together in those areas.
Beatrice Wishart has been a strong advocate for Shetland. We share a passion for infrastructure—that of fixed links. Rhoda Grant has been an incredible champion for crofting—I have seen that come to the fore through the passage of this legislation—and a force for the Highlands and Islands. She has also called for the right to food. I share Tim Eagle’s enthusiasm for Richard Leonard’s speeches in the chamber, and I appreciate the tag‑team approach that we took to making improvements to seasonal worker accommodation. I am looking forward to taking that forward in the next session.
My thanks must also go to the team that put together the bill and to the Parliament’s legislation team, which was very supportive in our work to lodge amendments.
On what is at hand today, I will close the debate for the Greens by saying that we support the bill. It ties up loose ends that are creating problems for today’s crofters. However, as I said earlier, it is not ambitious enough to ensure crofting’s long‑term future. I look forward to working with the Government to create something that will allow crofting to flourish and expand.
There are a multitude of challenges ahead that crofters will need support with so that they can adapt and thrive. For example, the 2045 net zero target is edging ever closer, and we also have the good food nation commitments to consider. The job of the Scottish Government in both instances is to prepare the ground for crofters and enable them to make the most of the opportunities that these present. We are moving in the right direction, but more haste is needed, given the severity of the challenges that are on the horizon.
Elements of the legislation will help crofters to begin the process of adaptation, but there was room in the bill to speed things up. At stage 2, we proposed giving crofters the benefits from environmental use of the land, an environmental use advice service and public financing. Had those amendments been accepted, crofters would have had the means and the confidence to pick up the pace on climate and nature.
At the same time, those amendments would have fostered thriving crofting communities, with a more equal distribution of wealth, greater financial security and a clearer route forward when it comes to putting the land to environmental use. Those ideas should not disappear with the bill. They need further consideration by the next Government in its review of crofting legislation.
The review should also aspire to create a system that is easier to access. The new entrants will be the life-blood of crofting’s future, and we need to pave the way for new faces by levelling out the market in croft tenancies and simplifying the legislation so that it is clearer and more coherent for those who are not yet part of the crofting community.
There was an opportunity to create rapid positive change in part 2 of the bill. We pushed the Government to consider giving the Scottish Land Court further environmental jurisdiction, with a view to using it as a foundation for an environmental court. For too long, Scotland has been in breach of its Aarhus convention obligations, with little meaningful movement by successive Governments to rectify the situation. If Scotland is to become an independent nation that is trusted and respected on the international stage, we need to meet all the requirements of the treaties that we have signed up to. To the Government’s credit, its amendment to review the court’s operation will mean that that issue is looked at.
The Scottish Greens stand ready to work with the next Government to deliver more ambitious reform for crofters. I sincerely hope that work on that can start early in the next session.
17:35
This is my last speech to Parliament as a member, after 10 years. As a back bencher and a front bencher, as a party leader and a committee convener, I have always tried to speak out not only for the labour and trade union movements who sent me here, but for all of those oppressed, denied justice, exploited, voiceless—and so, for those seasonal migrant workers, toiling on our farms; for the miners, still demanding justice; and for our crofters, whose historic land rights and security of tenure this Parliament must not merely defend but must advance, and so let flourish.
It feels right to make my final speech in a debate led for Labour by Rhoda Grant, whose unswerving, loyal support to me in Parliament I have valued above all others’, and in a debate which, at its very essence, is about power, is about wealth, is about control and its ugly, unequal distribution. It is a debate, as well, on this distinctively Scottish landholding system, and so a debate which reminds of the very reason why so many of us fought so hard, for so long, for this Parliament to be created.
Although, I am bound to say that this Crofting and Scottish Land Court Bill is another example of a Government bereft of ambition. When we needed radical reform, we find timidity and mediocrity. Eight years in the making, the Government has come up with a largely technical bill, which we will vote for, but it is the same formula that the Government has been habitually serving up—on the broader question of land reform, on a national care service, on community wealth building. When we need real change, we are presented with a tepid continuity, with the result that too much power still rests in too few hands, from the commanding heights of our economy to the ownership of our land, where the old aristocracy and the new billionaire class—too often, absentees both—remain in charge. And yet we still hear calls, even during this stage 3 debate, in this, the third decade of the 21st century, in this Parliament, for the entitled voice of the laird and the privileged status of the landlord to be afforded their due place, as if they were a silent—they were an underrepresented—class in our society. If only they were.
I have always believed that we make our own history, and we have seen glimpses of what is possible, from the abolition of feudalism in the first parliamentary session, to public ownership of the railways in this—reminders that we can be ambitious, that we can have vision, that we can give people hope, that we can redistribute power and wealth. So I do not despair. My head is not bowed. I remain optimistic that we can return to radical reform, including of crofting, in the next session of Parliament.
Before I finish, before I leave for the last time, I want to thank the outstanding people who have worked with me over the last 10 years: Billy McCauley, Thomas Mulvey, Craig Miller, Lesley Brennan, Lauren Harper, Linda Shevlin, Rich Simcox, and the one person who has been there from the very first to the very last, Mike Holmes. I thank my family, without whose love and support I would never have been here, never been able to lead the Scottish Labour Party, never been able to fight the good fight. Let me thank especially my wife Karen, who has been with me day and night, through the ups and downs of a life in front-line politics. I do not know where I would be without her.
So let me finish where it all began: two years after the very first crofters holdings act was passed, in direct response to the land raids, the forced Highland clearances, the battles against eviction—resistance often led by the women of the crofts—it was the crofters, led by their MP, Dr G B Clark, and the miners, led by Keir Hardie, who came together with the Scottish Home Rule Association in 1888 to found the Scottish Labour Party. It was a turning point in history. So let my closing words in this Parliament be the closing words of James Keir Hardie in “From Serfdom to Socialism”. They speak across the centuries. They echo down the ages. Let this be my parting hymn:
“Socialism with its promise of freedom, its larger hope for humanity, its triumph of peace over war, its binding of the races of the earth into one all-embracing brotherhood, must”—
must, must—
“prevail.”
17:41
Now for something different. I draw members’ attention to my entry in the register of interests, as a partner in a farming business, a member of Scottish Land & Estates and NFU Scotland, and a crofting landlord.
I turn to part 1 of the bill. It bears repeating that, although the legislative framework for crofting was first laid out in the 19th century, the practice retains an important role in crofting counties up to the modern day—one that is as much about society and culture as it is about land tenure, as others have said. The bill is, of course, far from the first piece of reforming legislation for the crofting sector, and it will not be the last. At stage 1, I observed that, although the bill paves the way for further changes down the line, that should not be an excuse for a bill that cannot stand on its own merits or make a positive and meaningful difference in its own right.
The process of reform is essential to ensure the survival of crofting, but the crofting of tomorrow will doubtless be quite different. The process of evolution has been a major contributing factor in crofting’s continued relevance. As a result of the consultation on the bill and the lengthy process of discussions that predate it, we now have a considerable body of evidence to draw on for that future legislation. I would, however, guard against the assumption that there can be only one vision for the future of crofting. Ultimately, there will be many areas of disagreement, and, in many cases, the bill has kicked those questions further down a very long road.
Consultation cannot be a substitute for a clear vision, and that is where I think that the bill and the Scottish Government’s approach fall some distance short. Reform has also been slow going. In all reality, we could have dealt years ago with many of the issues that are raised in the bill, rather than squeezing them in under the wire in the very last week of the parliamentary session. It is my hope that the same sort of inertia on crofting reform is not a feature of the next session. The next Scottish Government, whatever colour it is, will need to be mindful of its role not only to consult but to actively make choices and to move things along where possible.
Part 2 of the bill has resulted in a greater degree of consensus around the chamber. Concerns about resourcing that arose from the consultation were noted at stage 1. Tim Eagle and Ariane Burgess lodged amendments at stage 2, which are now reflected in the Government’s successful stage 3 amendment on a review mechanism for the changes. I welcome that approach.
I turn to the contributions at stage 3. My fellow islander Beatrice Wishart successfully moved amendment 1, which was her last legislative amendment as a member of the Parliament. That was on the application of duties to owner-occupied crofters, which was a measure that we were pleased to support.
Also standing down is another islander, Rhoda Grant, who has made a significant contribution to the bill with her amendments and who has helped to guide it through the stages. Rhoda Grant is one of those members who were first elected to the Parliament in 1999, and she will take with her a wealth of experience. As she has made her last speech in Parliament, I pass on the best wishes of all on the Conservative benches.
It was also Richard Leonard’s final speech in this Parliament. I cannot believe that I have to say this, but I do not have a crush on Richard Leonard, despite what others in this Parliament—
Will the member give way?
Not if the member is going to demonstrate a crush.
I do not have a crush on Richard Leonard, but I have known him for more than 40 years. He has lost none of his fire, passion and principle, and, for that reason, we on these benches quite admire him.
I agree with that. I served with Richard Leonard on the Economy, Jobs and Fair Work Committee in session 5, and, although I accept that his politics and mine will probably never align, he has served those whom he represents extremely well in this place, even if his views are not always welcomed by the front-bench members of his own party.
I pay special tribute to my Highlands and Islands Conservative colleague Edward Mountain, whose work on the bill has been representative of his usual approach. His amendments have secured a commitment to customer responsiveness from the Crofting Commission, a commitment to consultation on common grazings ahead of future legislation and at least a positive indication from the minister on the issues of landlord representation and involvement with the commission.
Edward Mountain has been a good friend and a great colleague over my nine years in Parliament—my nine years so far, I hope—and has always provided sage advice and support. He has been a staunch ally and combative voice for people and businesses outside urban areas. His passion for rural Scotland and experience of rural issues are absolutely unrivalled. The Scottish Conservatives have always been the party that stands up for rural Scotland, and Edward Mountain has very much been in the vanguard on that. To say that we on the Conservative benches, and many across the Highlands and Islands region and rural Scotland, will miss him is an understatement.
A great deal of expertise and experience around the chamber today will sadly be absent in the next parliamentary session. When significant reform takes place, I hope that new members will look back at the contributions of members who have examined the issue and reflected on it in detail. Although I recognise that there is a great deal of consensus in the Parliament on crofting reform and a recognition that change must come, I believe that we must acknowledge the need for a clear plan for the future. I hope that that can be dealt with early in the next session and that the process will draw on the work that has been done before and during the bill’s parliamentary stages.
I call the minister to wind up the debate.
17:46
In closing the debate, I take a final opportunity to thank all the stakeholders who contributed to the development of the bill. As I said in my opening remarks, the views of the grass-roots crofters and stakeholders were crucial in helping us to better understand the needs and concerns of crofters and landlords. Their lived experience helped us to shape the bill, to identify and address potential issues at an early stage, and to develop solutions. Consultation and continued engagement have highlighted that there is widespread support for the bill across the crofting counties.
I also want to take a moment to thank the members who have spoken in today’s debate. There have been some very thought-provoking contributions, and I will continue to reflect on the points that have been made. I will touch on one or two of the issues that have been raised. When we started the debate, I never expected to hear that Tim Eagle had a crush on Richard Leonard—that was the surprise of the afternoon. However, in response to his point about environmental development meaning abandonment, we lodged amendments to ensure that that would not be the case.
Rhoda Grant rightly talked about Donna Smith and Susi Stuehlinger, to whom I apologise if I have pronounced her name incorrectly. Their involvement in the bill has been fundamental in ensuring that we got it right. We did not promise an overarching bill; it was always a bill of technical fixes, because the 2017 consultation was split on what crofting communities wanted. It was the crofters who were divided in their thinking.
Although the minister did not promise an overarching bill, his predecessors did, and it was supposed to be introduced in the last parliamentary session, not this one, so we have waited some time for it.
I reiterate the point that I just made: the 2017 consultation was split on what the bill should deliver, which is why the bill is one that makes technical fixes, including some very important changes.
Ariane Burgess talked about new opportunities. I would like her to note that we have just announced 17 new farming opportunities on Forestry and Land Scotland land. Those opportunities might not be crofting opportunities, but the commission is currently working with the Scottish Land Matching Service to ensure that we create such opportunities in the very near future. We are committed to ensuring that we attract new blood into not only crofting but farming.
I must push back on Beatrice Wishart, who said that the Government does not care about rural Scotland. The Cabinet Secretary for Rural Affairs, Land Reform and Islands and I have worked tirelessly to find workable solutions through the Agriculture and Rural Communities (Scotland) Act 2024, the Natural Environment (Scotland) Bill and the Crofting and Scottish Land Court Bill. However, I wish her well in whatever she chooses to do. I do not think that she has made her last contribution today, but I give her my very best wishes.
Alasdair Allan worked incredibly hard to ensure that his amendments were agreed to, and, in doing so, he added considerable value for his constituents.
I will take a moment to thank all the members who have spoken in the debate. Some thought-provoking points have been made, and I will certainly take them away with me. If I return to office as the agriculture minister, I will certainly bear them in mind.
I hope that all members will support the bill, which will deliver for our people and our communities. Crofting is such a rich part of Scotland’s fabric. It is part of our heritage and, indeed, part of our identity as a nation. It is also part of our future. The bill is about securing that future and ensuring that crofters and crofting communities grow and continue to thrive in the years and decades to come. Today marks a significant staging post on that journey to securing the future of crofting, which is a way of life that the Government is determined to support. I urge members to support the bill.
If I may, I will take a moment or two to pay tribute to a number of members for whom today’s debate marks their final contributions in the Parliament.
Richard Leonard, as he said himself, has served from 2016 to 2026. He has been consistent and resolute in staying true to his socialist principles and has been a proud champion of workers’ rights throughout his parliamentary career. His passionate speech during the stage 3 debate on the Land Reform (Scotland) Bill and his passionate speech today were powerful reminders of his deeply held principles. It would be helpful if his firebrand speeches were accurate, but we will not go into that right now. Comrade, I wish you well for the future.
This debate also marks Edward Mountain’s final speech—although you never really know with Edward; he might come back tomorrow and add something else. There are many things on which Edward and I passionately disagree—that is beyond doubt—but what we have in common is a genuine passion and love for rural Scotland. Scottish politics has come so far since the reconvening of this Parliament. It is a place where rural Scotland, in all its diversity, can be represented by members ranging from this humble working-class shepherd to our very own land-owning baronet—who, to clarify, is just a small landowner. Joking aside, I have really enjoyed our robust debates, and I thank the member for his insightful contributions to Scottish public life and his discourse over his tenure. I very much wish him well in whatever he decides to go on and do.
Finally, I turn to Rhoda Grant. I say in all sincerity that Rhoda will be sorely missed in the chamber. Having served almost continuously since 1999, in five of the six sessions of Parliament, as an MSP and party spokesperson, she is without doubt one of the few members who have had the honour of seeing this institution grow and mature from those early days of devolution. Throughout my tenure as a minister, and prior to that as a fellow member of the Rural Affairs and Islands Committee, I have observed Rhoda’s work, and she has shown a steady and quiet determination to be a champion for the people of the Highlands and Islands on a diverse range of very important causes—not least through her Domestic Abuse (Scotland) Bill, which was passed in 2011.
As Rhoda put it so eloquently in her own words,
“it’s the people that make the parliament”.
On behalf of the Government and my fellow MSPs, I wish Rhoda all the very best for the future. [Applause.]
That concludes the debate on the Crofting and Scottish Land Court Bill at stage 3.
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