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Chamber and committees

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 27 December 2025
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Displaying 2665 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

As I said, Environmental Standards Scotland is an independent body that is currently setting out its strategy for 2026 to 2031. That is the current position.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

By finding the solutions to those issues, we hope and think that we will alleviate most of the legal concerns that have been expressed, and we will make the necessary amendments to the bill as we go forward.

However, there are also policy concerns. We know that some stakeholders and crofters would prefer that the share always remained with the inby croft and could never be separated. The concern is that that might lead to many more common grazings not being used at all, at least for extended periods of time. Historically, it would not have been an issue, because most crofters kept livestock, but that is no longer the case. If 80 per cent of current crofters had livestock, we would not be having this conversation. In fact, if 50 per cent of crofters had livestock, we probably would not be having this conversation either, but we estimate that the figure is around 25 per cent, and it has been decreasing over the years. It is therefore not hard to imagine a township where all the crofters are meeting their inby crofter duties but none of them are using the common grazings.

In that context, I do not think that there is a justification for insisting that all the shares remain attached to the crofts in all circumstances. The decision should remain a matter of choice for the crofter. Many crofters will retain a share in a grazing, but others will have no interest in the share whatsoever because they use their inby land purely to grow food and not to run livestock at all, or they might have no intention of using it.

We have listened to the concerns and we think that the process requires a safeguard, so we are also looking to establish an agreed approach whereby a crofter, tenant or owner-occupier would have to apply to the commission to divide a grazing share from the croft, and they would have to state a reasonable purpose for doing so. We should trust the commission to regulate that and ensure that the right balance is struck between the shares being in the hands of those who will actually use them and protecting against too many shares being separated from crofts.

When discussing deemed crofts, we often start with the assumption that they are a bad idea, but the more important question is whether the shares are in the hands of people who are actually going to use them. In its evidence session, the commission correctly pointed out that a deemed croft can create an opportunity for a new entrant and their family by way of an apportionment. Officials are looking at whether we can amend the legislation to allow those who have an apportioned deemed croft to have all the rights that would allow them to work it as a croft, including being able to decroft a small area of land for a house. The purpose is to create the functioning community that we talked about at the start of the session.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

I invite Michael Nugent to pick that up.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

You have already touched on the scenario of accidental separation. Some crofters do not use their grazings shares and have absolutely no intention of using them. However, somebody else might want to use those grazings shares, and they can be put to better use. That is the purpose behind the measure.

Is there anything that I am missing here, Michael?

10:00  

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

We can take that away and look at it. Are you talking about the wider community rather than the crofting community?

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

The commission has significant powers, but I am quite happy to ask Bill Barron or Michael Nugent to say whether those need to be strengthened.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

The policy plan will include everything that is to do with crofting, so I presume that that will also have to be considered as part of the common grazings.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Do you mean the common grazings committees?

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

You are saying that the crofters have the right to the land and the neighbouring community wants to know what the crofters are doing.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

The Crofting Commission already has the power to enforce that duty.