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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 5 February 2026
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Displaying 2717 contributions

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Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

That is a very good point. I regularly meet Gary Campbell, the Crofting Commission’s chief executive officer, and the commission’s chair, Andrew Thin. We discuss crofting and the commission’s performance, and those two topics—enforcement of duties and regulatory application and processing times—are always high on the agenda.

It has been clear that the commission is increasing its enforcement work. Last year, the commission commenced engagement with 215 crofters and resolved 134 breaches of duty through taking some form of regulatory action. The level of engagement and enforcement is increasing further for the coming year.

Since the summer, the commission has been terminating tenancies at a rate of one per week due to unresolved breaches of duty. That is significant. You can see that the commission is now using its powers of enforcement. As the committee was advised by Gary Campbell and Andrew Thin during their evidence session, the commission is better resourced now than it was a few years ago. It is already taking greater action to enforce annual notice provisions. As Andrew Thin said in his evidence, the commission already has the legislative tools to enforce duties through the crofting census, and, if the census is not returned, the commission will now be taking action. If the census is filled in falsely, that will be fraud and action will be taken. Spot checks will be carried out on those who have returned their census.

For many years, the commission has been supported by the Government’s rural payments and inspections division when proper local knowledge has been required to advise on regulatory applications. More recently, RPID has also been acting on behalf of the commission in connection with duties and enforcement cases. We are using the existing network and local agricultural offices in that way because that is more sustainable than seeking to establish a parallel network of local commission offices.

The bill will help further through streamlining the enforcement processes, the family assignation provision and the enforcement provision against subtenants and short lease holders. That will enhance the efficiency and scope of the commission’s enforcement functions.

Gary Campbell gave the committee some quotes about the level of enforcement that the commission is carrying out now, which was not happening in the past. I hope that that gives the crofting community confidence that the commission is using the powers that it currently has through the extra resources that were put in a number of years ago.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Okay. You have touched on an area that I genuinely do not know about.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Would they be able to get a portion of common grazings land?

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Point taken.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Okay. We will take the matter away and have a look at it.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

The bill gives the Crofting Commission two new powers to resolve registered croft boundary problems when all parties are in agreement. Adjustment will be possible in simpler cases in which no land is brought into or out of crofting tenure, and boundary remapping will be possible when more complex boundary changes are sought.

We have taken the concerns about boundary adjustments on board, and officials are in discussion with Registers of Scotland and the Crofting Commission to address them. We acknowledge that it is often important that the title extent, as shown in the land register, aligns with the occupied extent, as shown in the crofting register. The boundary adjustment process will give crofters whose boundaries have become unaligned the option of remedying the position that they find themselves in.

We are looking at various ways of ensuring that the boundary provisions consider the linkage between the two registers. One possible suggestion is that we allow the commission to award provisional consent to a boundary change. That would be subject to the necessary conveyancing, which would amend the title on the land register.

We will address the concerns that have been raised, and we will look to amend the current provision accordingly.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

As I said, we are looking at various ways of addressing the issue. We have listened to the concerns that have been raised, and we are looking at ways of getting this right.

Would you like to add anything, Michael?

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Yes, because the commission can already enforce duties on those crofts.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

They will have to work with their local community and the Crofting Commission to ensure that they are working for the benefit of the individual crofters as well as for the crofting community.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

We could get that figure to you. We could ask the Crofting Commission to furnish the committee with it.