What do you want from crofting law?

It’s been a busy few weeks for me, with lots of travelling between Skye and Inverness, meeting clients in both locations and also en route. I have also taught on the Scottish Crofting Federation’s Access to Crofting Toolkit in Sleat (wet) and in Wick (also wet, and also cold), attended a couple of meetings on the proposed reform of crofting law, and started putting together an article on the year’s crofting law developments for the Scottish Legal News.

The Scottish Government’s consultation on the reform of crofting law closes at midnight next Monday (20 November). As part of that consultation the Bill Team, led by Michael O’Neill, have been on a whistle stop tour of the Crofting Counties, holding public meetings across the Crofting Counties. I attended the Portree meeting earlier in October, where the discussion seemed to elicit some interesting perspectives and ideas, despite the poor turnout.

I also attended the Bill Team’s meeting with the Crofting Law Group on Tuesday of this past week.

Discussion at these two meetings, together with what I hear anecdotally, indicate that the following are just some of the issues people are talking about (in no particular order):-

  • Funding for incoming crofters to allow them to purchase crofts (a particular interest of mine).

  • A consensus that the role fulfilled by Grazings Committees and their members is vitally important, onerous, and in need of attention.

  • Whether regulatory duties ought to be prioritised.

  • That there are marked regional differences throughout the Crofting Counties and whether this ought to be reflected in the legislation

  • People are concerned about the possible impact of Brexit on both the proposed reform, and also on funding for crofters and agriculture more generally.

  • A desire to retain the original principles of crofting law, namely (1) security of tenure, (2) compensation for improvements, and (3) controlled rents.

  • A recognition that the work of Derek Flyn and Keith Graham on the Crofting Law Sump should not be forgotten.

Have a nice weekend, even if you are submitting your consultation response! We may have to live with this crofting act for a long time to come.

PS thoughts welcome by email – eilidh@camus.scot

Kirsty Montgomery

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What I would like to see from the reform of crofting law

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