Significant changes are needed to the Land Reform (Scotland) Bill if the Scottish Government wants to meet its policy goals, according to Holyrood’s Net Zero, Energy & Transport Committee. While the majority of committee members support the Bill’s general principles, they argue that the current version won’t deliver as intended without substantial amendments.
Concerns Over Bureaucracy and Burdensome Processes
The committee’s latest report highlights concerns about the Bill’s first section, warning that its approach may end up being too complex and overly bureaucratic. They stress that while reform is necessary, the execution must be practical and efficient.
- The committee calls for straightforward processes that don’t create unnecessary administrative headaches.
- Members emphasize that any new regulations must result in tangible benefits for communities rather than just more paperwork.
- The requirement for estates to produce Land Management Plans (LMPs) following community consultations is seen as a positive step but needs fine-tuning to be effective.
A member of the committee noted that LMPs have the potential to improve transparency around estate ownership and use, providing an accessible “one-stop shop” for information about large land parcels. However, they caution that without proper implementation, this requirement could become another bureaucratic hurdle.
Community Land Rights: More Time, but No Guarantee of Impact
One of the more contentious provisions in the Bill is the effort to make it easier for communities to buy land. The proposed law aims to restrict off-market sales, giving communities more time to register interest before a sale goes through. But the committee isn’t convinced this will lead to significant changes.
- They argue that simply adding more time to the process doesn’t necessarily mean communities will have the resources to make purchases.
- The lack of a completed review of the Community Right to Buy policy before drafting the Bill was a missed opportunity.
- Without a comprehensive approach, the impact of these measures may be limited.
The report also expresses disappointment that the Scottish Government didn’t take the time to evaluate and incorporate findings from the Community Right to Buy review before introducing the Bill. Members believe that a more cohesive approach could have strengthened the proposal.
The Debate Over Lotting and Breaking Up Large Estates
A key feature of the Bill is the introduction of “lotting,” a measure that would give ministers discretionary power to require large estates to be split into smaller lots when they go on sale. This is intended to encourage more diverse land ownership. However, concerns remain about how these decisions will be made.
- The committee supports lotting but insists that independent professional advice should be sought before implementing any break-ups.
- They emphasize that every case must be examined to determine if lotting serves the public interest.
- Without proper oversight, there is a risk of unintended consequences, such as land being divided in ways that don’t benefit local communities.
The report recommends strengthening the Bill to ensure transparency and accountability when ministers exercise their lotting powers. Committee members argue that independent expert advice should be a mandatory part of the process.
Agricultural Tenancies: A Balancing Act Between Landlords and Tenants
The Bill also aims to tackle the decline in agricultural tenancies, recognizing that tenant farmers play a crucial role in addressing climate and biodiversity challenges. While the committee generally supports these efforts, they warn that the proposals must strike the right balance.
- If the Bill places too many burdens on landlords, there’s a risk that even less land will be made available for lease.
- Encouraging agricultural leasing requires more than just legal reforms; it needs broader policy support.
- The committee stresses the need for careful adjustments at later stages of the legislative process.
One of the key sticking points is the definition of “sustainable and regenerative agriculture,” which is central to Part 2 of the Bill. The committee urges the government to provide a clear and precise definition to maximize the Bill’s effectiveness.
Key Recommendations and Next Steps
The committee has outlined several crucial recommendations to improve the Bill. Some of the most notable include:
- Lowering the threshold for requiring landlords to engage with communities—currently set at 3,000 hectares for mainland estates.
- Ensuring the new Land and Communities Commissioner consults independent experts when making lotting decisions.
- Revising the process for community land interest registration, giving communities more time and resources to participate effectively.
- Clarifying definitions to ensure the Bill’s environmental and agricultural objectives are achievable.
- Reevaluating compensation rules for landlords when tenancies are resumed, addressing concerns raised by stakeholders.
A Stage 1 debate on the Bill is scheduled for Wednesday, March 26, 2025. Lawmakers, stakeholders, and community groups will be watching closely to see how the government responds to the committee’s criticisms and whether the proposed amendments will be incorporated.
