Cabinet Secretary Gives Evidence to the Rural Economy and Connectivity Committee

Cabinet Secretary Fergus Ewing MSP last week gave evidence to the Rural Economy and Connectivity Committee on the subject of the two phase approach to the reform of crofting law.

We were told last month that the two phase approach to the reform of crofting law reform will consist of a first phase which “will focus on delivering changes which carry widespread support, including across the Scottish Parliament, and result in practical everyday improvements to the lives of crofters…”

Phase one will also look at using non-legislative means “to make changes that help to improve the sustainability of crofting, and encourage new entrants”. These measures will include a National Development Plan for Crofting, a new entrant scheme specifically for crofters, and more woodland crofts through the National Forest Estate.

The second phase, we were told, will be concerned with “fundamentally reviewing crofting legislation to provide a solution to some of the more complex and challenging issues facing crofting, and what that might mean for how legislation is developed in future”.

The Cabinet Secretary and two of his officials (a further official was present but did not give evidence) last week gave evidence to the Rural Economy and Connectivity Committee, and I understood that many of the ‘priority’ recommendations of the Crofting Law Group’s Sump Report will be covered by phase 1.

I support, generally, the two phase approach taken by the Cabinet Secretary. The commitment to address some of the urgent problems without delay is to be welcomed, and although some will be disappointed that we will not see more fundamental reform within this parliamentary session, the Government can only work within the parameters of what is possible. A proper, thorough examination of crofting law, its history, its problems and the creation of a vision for the future of the system, which is complemented by the financial support system, is not the work of a few weeks, but a much longer term project.

But whilst the strategic review of crofting is in its embryonic stages, the Government must press on with the thornier matter of what elements of the current framework can sensibly be dealt with now.

The difficulty with phase 1 is the danger of inadvertently creating further problems in trying to tinker with existing legislation.  It is certainly not impossible to do what the Government has undertaken to do, but it will take some careful thought.

For example, it may be straightforward to amend the provisions relating to the advertisement of regulatory applications and croft registration notices, but it is far from simple to incorporate the concept of joint tenancies.

Similarly, to remove the duty of crofters to submit annual notices (census forms) may be quite simple, requiring simply the repeal of the relevant section (having only been introduced in 2010). It is unlikely to be easy (and without unintended consequences) to repeal the provisions which have resulted in deemed crofts.

The final matter on which the Committee heard evidence related to the Government’s crofting policy. The Committee heard from Gordon Jackson, Scottish Government Head of Agricultural Development and Crofting, that 49% of respondents to the consultation agreed with the crofting policy, with 51% disagreeing (for various reasons). Mr Jackson indicated that the Government were willing to engage with stakeholders to refine the policy, and no doubt we will hear more of that in due course.

If you need help with a crofting matter, drop me an email (eilidh@camus.scot) or call me on 07876 513404.