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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 28 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

The commission cannot really enforce duties on deemed crofts. The immediate concern for enforcing duties on inby crofts is that—

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Absolutely. I am very conscious of the fact that that is a potential area of concern as we go forward. However, it is also a massive opportunity when we consider the sheer scale of crofting land that has the potential to help us with our environmental desires and what we are trying to do as a country.

We will definitely take a very close look at the issue. However, until we have clarity about the legal ownership, we will just have to keep an eye on it.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

We recognise the importance of the landlord’s voice, and the bill continues to recognise that as well. However, there are normally only three appointed commissioners, and those appointments come round only every few years. Other skill sets might be even more important. We must retain the flexibility to make the best appointment. The bill will provide that Scottish ministers must consult the commission and have regard to the desirability and value of appointing a commissioner who can represent landlords’ interests.

The Crofting Commission—it is not the Crofters Commission any more—must consider all the regulatory applications in the drafting of its policy plan. The board has a responsibility to consider all relevant parties, including the landlords.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

My understanding is that it was supposed to make technical fixes.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

As you know, we have a programme for government commitment to make sure that every public owner of land, which includes the Scottish Government and anyone who has crofting land, to look at the opportunities to get new entrants in. As you well know, I am passionate about making sure that we get a vibrant new generation of young folk coming into crofting and farming. We are taking the steps to make that happen and we are starting to see the results.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

We are not saying definitively that, if someone has three crofts, they cannot have any more. We are saying that, if someone has three crofts or more, the Crofting Commission would take a look at any further assignation. However, that does not mean that it would say, “No, that’s not allowed. You can’t do that.” It is about making sure that there is an appropriate spread among the people in a crofting community and that, as I said, one family or one person does not just keep gaining crofts and land banking.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Those in RPID are the people on the ground in local areas. The Crofting Commission cannot be everywhere. It has the powers of enforcement, and using local knowledge through the RPID offices is clearly beneficial. As the committee knows better than anybody, being on the ground and knowing what is happening locally is probably one of the most important things that we can do to ensure that the crofting way of life and the crofting townships are functioning in the way that they were designed to do. It is a matter of using local knowledge and resource to ensure that crofting is functioning properly.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

The bill provides crofters and landowners with a legislative framework to help them to propose and take forward environmental initiatives on common grazings. We hope that that will encourage crofters and their communities to have a much greater say in how the land is used in their area. We want to avoid a situation in which crofters are unable to access the funding schemes and incentives in order to do those things.

As I understand it, the legal ownership of carbon credits is still to be fully determined through case law, so I am not sure that we are in a position to state in crofting legislation whether the carbon rights sit with the landlord or with the crofter. In the meantime, we encourage crofters and landlords to start looking at and entering into joint ventures and to develop and secure shared solutions that benefit all parties. As I said, at the moment, we still do not know the legal ownership situation for carbon credits.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

If we get absolute clarity on what you have just stated, we can come back to you. My understanding at the moment is that the legal ownership of carbon credits is still to be fully determined.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

That is exactly why shared community conversations should be going on, until we have clarity.