Category Archives: Crofting Reform

The 2010 Crofting Law Rush

he 2010 Crofting Law Rush

Ready, steady… MSPs didn’t have long to get through 230 crofting law amendments!

In my post yesterday, about the two phase approach being taken to crofting law reform by the Scottish Government, I made reference to the rush over the Crofting Reform (Scotland) Act 2010.

I thought it would be worthwhile to remind readers about that rush which in effect took place at Stage 3 of the Bill going through the Scottish Parliament. In that final stage of parliamentary procedure there were around 230 amendments dealt with in around three hours.

At the commencement of the debate the Presiding Officer stated:-

The first division will be a 30-second division, following a five-minute suspension. Thereafter, there will be a voting period of one minute for the first division after a debate and the voting period for all other divisions will be 30 seconds. We are incredibly tight for time, so, to begin with, I ask no speaker to speak for more than one minute.

It is little wonder that we are having to revisit crofting legislation given the potential lack of scrutiny that these 230 last minute amendments might have received in the very limited amount of time allowed to debate them.

Furthermore the rush to get these amendments through saw an opposition amendment being passed without the objections thereto being noted! The chaos surrounding this in the debating chamber at Holyrood was well documented at the time by Scott Wortley on the Edinburgh University Scots Law News Blog: The Crofting Reform (Scotland) Bill and the curious incident of the unopposed opposition amendment.

Back in November 2016 when Fergus Ewing MSP met with the Cross-Party Group on Crofting at Holyrood he stressed the importance of taking time to get crofting reform right. The two phased approach recently announced by him reinforces that.

Let’s hope that we do not see a repeat of the 2010 fiasco when the next crofting reform bill reaches stage 3 debate at the Scottish Parliament. It looks as though Mr Ewing, as Cabinet Secretary for the Rural Economy and Connectivity, will be doing his very best to avoid that.

Brian Inkster

Two Phase approach to Crofting Law Reform announced by Scottish Government

Fergus Ewing MSP - Cabinet Secretary responsible for Crofting - announces proposals for legislative reform

Fergus Ewing MSP

The Scottish Government’s plans for legislative reform of crofting were first outlined to the Cross-Party Group on Crofting on 28 March 2018 by Fergus Ewing MSP, Cabinet Secretary for the Rural Economy and Connectivity with responsibility for crofting.

Following on from that meeting Mr Ewing has stated:-

This government is determined not to allow crofting to be simply a relic of our past: crofting must have a purpose and a role in our present and our future.

That purpose is to support people to remain on the land and to bring people back to the land, with crofting also playing a role in creating a sustainable and productive environment in which people can live and work. To achieve this, crofting needs an effective regulatory and statutory framework.

Yet, most agree that current crofting legislation is complex and lacking in transparency, having been developed on a ‘piecemeal’ basis over nearly 150 years. We have recently completed a public consultation on what might usefully be changed through legislative reform.

The consultation was launched last August, seeking views from stakeholders on (amongst other things) the Scottish Government’s Crofting Policy, the potential form that new crofting legislation could take, and priorities for legislative change.  During the three month consultation period, my officials held a series of 21 meetings with the public and interested stakeholder groups, hearing directly from over 300 individuals across the crofting counties.

The consultation closed in late November last year with 122 responses from individuals and organisations. The responses were independently analysed and a report on that analysis was published in mid-March. The results made for interesting reading  and the diversity of responses only highlighted the scale of the challenge ahead.

After careful consideration, there does not appear to be a consensus that would allow me to decide on specific pieces of legislative reform. I was also presented with a dilemma over deciding the best legislative approach to take, as the analysis highlighted almost equal proportions of support for new crofting legislation, versus making changes to existing legislation and restating or consolidating the law.

Following the publication of the analysis report I met with the Cross-Party Group on Crofting to outline how I wish to take matters forward and to hear members and MSPs’ views. I am proposing a two-phase approach to legislative reform, with a first phase in the shorter term, leading to a Bill in this parliamentary session.  This first phase 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 and/or streamline procedures that crofters are required to follow.  I am keen to fully involve and engage MSPs with crofting interests to ensure that their ideas and proposals can be considered and taken forward in legislation.

The second phase is longer term work, where I have asked my officials to continue 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. This work will begin now but will be for a future Parliament to deliver.

I’m also keen to use non-legislative means to make changes that help to improve the sustainability of crofting, and encourage new entrants. These will include a National Development Plan for crofting, and a new entrant’s scheme that will directly benefit crofters without the need to wait for legislative change. It is also not just within crofting that I see opportunities to enhance provision – I am keen to encourage more woodland crofts through the National Forest Estate and to ensure that crofting communities benefit from our ambitions for a low carbon economy, and commitment to provide all homes and businesses with access to superfast broadband.

The approach I am taking forward is pragmatic and focused on delivering a future for crofting in 21st Century Scotland   My approach seeks to support people to make lives on the land, to diversify to create sustainable livelihoods, and to collaborate with neighbours and communities to find common solutions. That approach is as important to supporting crofting more generally as it is to reforming its statutory frameworks.

The Crofting Commission stated:-

The Crofting Commission look forward to working with Scottish Government and other Stakeholders to take forward crofting legislation reform. The practical approach outlined by the Cabinet Secretary will enable the necessary improvements of phase one to be made in this Parliamentary Session, with more complex issues being held over to a second phase.

In particular the Commission welcome the opportunity to work with the Scottish Government in developing a New Entrants Scheme for crofting and to discuss a future promotional role for the Commission itself.

Rod Mackenzie, Convener of the Crofting Commission, said: “We support the Scottish Government’s decision to take a collaborative approach to rectifying and improving crofting legislation during this Parliament.  The Commission will play a full part in this, and will be particularly keen to consider with others what improvements can be made to the law on registration and on common grazings, among other key issues.”

The Scottish Crofting Federation (SCF) also supported the Scottish Government’s proposals. Their chair, Russell Smith, said:-

We are pleased that the Cabinet Secretary has announced a positive way forward for crofting law and restated his commitment to non-legislative changes also. He promised that we will have a bill in this parliamentary session which corrects the major anomalies in the current law and so enables it to work appropriately for crofters. This is the essential course of action needed and will pave the way to a consolidation bill in the next session. It is exactly what SCF hoped for.

There will also be a fundamental review running in parallel which may enable more far-reaching changes to crofting law, whilst maintaining crofters’ rights, in the future. This is very good news for crofting. The Cabinet Secretary asked for input to the bill and the SCF are delighted to contribute.

My view

This seems an eminently sensible way for the Scottish Government to take legislative reform forward. They have recognised the complexities involved and that all that needs to be sorted probably can’t be easily sorted in just one parliamentary term.

Thus splitting reform over two parliamentary terms should allow a comprehensive and considered approach to crofting reform unlike the rushed approach that led to the Crofting Reform (Scotland) Act 2010. That rushed approach created many of the problems requiring to be resolved today.

Brian Inkster

My response to the Consultation on the Future of Crofting Legislation

Response to the Consultation on the Future of Crofting LegislationThe Consultation on the Future of Crofting Legislation received responses up until 20 November 2017. An analysis of the responses was published on 21 March 2018 and Fergus Ewing MSP, Cabinet Secretary for the Rural Economy and Connectivity with responsibility for crofting, outlined the Scottish Government’s plans for legislative reform to the Cross-Party Group on Crofting on 28 March 2018.

I will come back on this blog to look in more detail at the analysis and Government plans. In the meantime I thought I should publish here my own personal response to the Consultation.

Current Scottish Government crofting policy may be stated as:

The Scottish Government values crofting as a form of land tenure and recognises
the added contribution that crofting continues to make to the rural economy and the
sustainability of rural and remote rural communities.

The Scottish Government is committed to reforming crofting to secure its future,
bring new blood into crofting communities, and ensure it can continue to contribute to
the development of a thriving rural Scotland.

This policy is reflected in the current legislative framework which places a number of
duties on crofters, including the duty to reside within 32 km of the croft; cultivate the
croft, or put the croft to another purposeful use; and not misuse or neglect the croft.
These duties serve to maintain the integrity of rural communities in the Highlands
and Islands.

Question 1: Do you agree with the stated Scottish Government policy on crofting?

Answer 1: No strong views on the question of policy but will refer to it when commenting on the ‘Clean Sheet’ approach to legislative reform below.

Question 2: Please select your preferred option to indicate which you believe to be the most suitable way to proceed with any crofting law reform. Should you wish to suggest another approach that has not been discussed above, then please select ‘other’ and provide details.

The options given were:-

Option 1 – Consolidation Bill
Option 2 – Bill amending existing legislation / Pre-Consolidation Bill
Option 3 – Bill amending existing legislation and restating crofting law
Option 4 – Bill setting out ‘new’ crofting law

Answer 2: Option 2.

The Scottish Government has already given a commitment to legislative change. Option 1 will not achieve that and arguably should not have been an option at all.

The Scottish Government’s Crofting Policy “is reflected in the current legislative framework” and thus there would appear no merit in pursuing a ‘Clean Sheet’ approach when current legislation and policy coincide. There is also a danger that pursuing a ‘Clean Sheet’ approach will result in much debate and little ability to actually fix the problems identified in ‘The Sump’ Report within this Parliamentary term. Thus Option 4 should be discounted.

It would appear that Option 3 may result in less problem areas being tackled than Option 2. Consolidation does not need to happen at the same time as amendments to the law and should not be pursued at the same time if that is going to reduce the number of amendments involved to existing law.

Thus Option 2 is really the only sensible one for the Scottish Government to pursue.

Questions 3 – 9 asked various questions on (1) Absenteeism, Misuse and Neglect; (2) Assignation and Succession; (3) Common Grazings; (4) Crofting Commission Regulatory Functions and Processes; (5) Crofting Registration; (6) Owner-occupier Crofts; and (7) Standard Securities.

Question 10 asked for those seven issues to be listed in order of priority: ‘higher priority’ first to ‘lower priority’ last.

Rather than answering those questions individually, or providing a priority list, I decided to deal with that as part and parcel of my answer to question 11 and simply referred the Scottish Government to that particular answer.

Question 11: Please tell us any other thoughts you have about the proposed Crofting Legislation reform not covered in your earlier answers.

I have not answered questions 3 to 10 as I consider my views on these matters to be covered by ‘The Sump’ Report (November 2014) [PDF] and the Proposals put forward by the Scottish Government’s Crofting Legislation Stakeholder Consultation Group (10 February 2015) [PDF]. These documents prioritise matters but ultimately are of the view that all (not some) of the problem areas identified should be tackled and fixed by the Scottish Government. A new Bill under Option 2 should set out to do just that.

My views on Standard Securities are contained in an article entitled “Is it Time for a Crofting Mortgage Bill?” originally published by The Firm Online on 31 May 2010 and subsequently reproduced in The Crofting Law Group Newsletter. Those views have not changed with the passage of time.


Those were my responses. You can view 97 of the 122 submitted responses (N.B. 97 of those 122 respondents gave consent to publish their responses) via this Scottish Government link: https://consult.gov.scot/agriculture-and-rural-communities/crofting-consultation-2017/consultation/published_select_respondent.

In future blog posts I will look at the analysis of those responses and the Scottish Government’s plans in light of that analysis. I will also publish on this blog my views on Standard Securities from 2010 as ‘The Firm Online’, where those views were originally published, is no longer online.

Consultation on the Future of Crofting Legislation

On 28 August 2017 the Scottish Government launched its consultation document [PDF] on the future of Crofting Legislation seeking views on both the form of the legislation and the priorities for change within it.

Launching the document, Fergus Ewing, the Cabinet Secretary for Rural Economy and Connectivity said:

Crofting delivers valuable local benefits and a successful crofting sector helps our rural communities to thrive. It is therefore vital the law that governs it is fit for purpose.

Initial discussions have shown while there is plenty of agreement that the current law needs to change, there are many views on what should replace it.

I would strongly encourage anyone with an interest in the future of crofting –  whether crofters, landowners, those living in a crofting communities or in other parts of Scotland – to take part in this consultation and help us improve future legislation.

The Scottish Crofting Federation (SCF) welcomed the Scottish Government’s commitment to continue the process of reforming crofting legislation within this parliamentary session.

Russell Smith, Chair of the SCF, said:-

This is another stage in the long process of crofting law reform and we are pleased that the Scottish Government is taking this forward. Following the 1993 consolidation act there have been several amendments to crofting legislation but this is still unfinished business. The addition of subsequent layers of legislation, and the fact that amendments have introduced further inconsistencies and errors, has rendered current crofting law difficult to access and, in some aspects, unusable.

This consultation is seeking views on the most suitable way to proceed with any crofting law reform and how it might be improved. It opens up opportunities to take a fresh look at crofting legislation and its purpose. At this point we may ask what crofting legislation should achieve and how best it can do this.

It is widely agreed that the law does need to be reformed further and there are suggested a range of options for taking this forward but neither of the two extremes of merely consolidating with little change or starting all over again with a ‘clean sheet’ are going to achieve a desirable result. So, we are being asked to choose between the workable options of amending and then consolidating the law or ‘restating’ it. The consultation document helpfully explains the difference.

Whilst exploring ways to make the legislation fit for purpose we must not lose sight of the fact that crofting legislation was formed to protect crofters’ rights, not to serve lawyers, this principle is inviolable. The crofting act is the heart of crofting and has evolved over 130 years, adapting to work for crofting in a changing world. This is another time of change, but the basic principles of protection must not be lost.

The SCF will be looking at these options in considerable detail and will be both seeking our members’ views and providing information for them. We encourage all crofters, and others with an interest, to attend the events the Scottish Government will be hosting and to respond to the consultation before it closes.

Scottish Government Officials will be holding a number of public meetings where they will deliver a presentation on the purpose of the consultation, an explanation of the options for changing legislation and an overview on how to respond to the consultation. There will be the opportunity to discuss the options available and to raise questions relating to the consultation.

The first such meeting takes place in Lerwick on 13 September with further meetings already scheduled for Oban (19 September), Kirkwall (26 September), Portree (3 October), Fort William (4 October), Glenuig (5 October), Kinlochbervie (10 October), Lairg (11 October) and Gairloch (12 October). More dates and locations will be announced in due course. A full list of the events, which will be updated regularly, may be found on Eventbrite where you may also register your attendance.

The consultation can be completed on Citizen Space or in printed form by contacting your local RPID Area Office. Copies of the Consultation Document will also be available at the public meetings or by contacting The Scottish Government, The Crofting Bill Team D Spur, Saughton House, Broomhouse Drive, Edinburgh EH11 3XG.

The consultation will last 12 weeks and will close at 00:00 on 20 November 2017. Any questions may also be directed to croftingconsultation@gov.scot

 

The Cross-Party Elephant?

The elephant in the crofting cross-party room

Was there an elephant in the room at the crofting cross-party group meeting?

The cross-party group on crofting met last Wednesday at Holyrood.

It was very ably chaired by Tavish Scott MSP. He is one of the three co-conveners of the group, having been elected along with Kate Forbes MSP at the last meeting to replace Michael Russell MSP after Mr Russell became Brexit Minister. Rhoda Grant MSP is the third co-convener of the group.

Fergus Ewing MSP, cabinet secretary with responsibility for crofting, was a special guest at the meeting.

Mr Ewing made it clear at the outset that he couldn’t comment in any respect on the current controversy regarding the convener of the Crofting Commission given the allegations made by him against Mr Ewing which are the subject of an independent investigation.

Mr Ewing outlined all that the Scottish Government is currently doing to assist crofting and its future.

In particular he discussed future crofting law reform. The Scottish Government wants to modernise crofting law and make it transparent, understandable and workable in practice. Mr Ewing made it clear that they very much wanted to listen with no precise timetable in mind.

Mr Ewing stressed the importance of taking time to get it right. I couldn’t endorse that view more and trust that we won’t see the chaos of a huge number of last minute amendments that was encountered in creating the Crofting Reform (Scotland) Bill in 2010. That was possibly partly responsible for many of the issues (not common grazings ones that were not affected by the 2010 legislation) that has led to the current Scottish Government having to tackle crofting law reform so soon again.

After Mr Ewing left the meeting we continued with the topic of crofting law reform. Derek Flyn outlined the background to the crofting law sump report which he described as a “collection of what is wrong with crofting law”.

Michael O’Neil, the newly appointed Head of the Scottish Government Legislation Team, then outlined proposals to take crofting law reform forward.

Mr O’Neil indicated his intention to involve as wide a range of stakeholders as possible. He will get out and about and meet anyone he needs to speak with.

He will refer to the information contained in the crofting law sump and in the Shucksmith Report.

Some questions Mr O’Neil had in mind included:-

  • Why do we need crofting legislation?
  • What changes need to be made to it?
  • How do we go about delivering the changes identified?
  • Are there other options to new legislation?

A small team has been assembled by the Scottish Government to take crofting law reform forward.

It will be interesting to see this process move forward and we will keep you posted on the Crofting Law Blog as it does.

Bill Barron, the new Chief Executive of the Crofting Commission, was attending his first cross party group meeting. On the agenda was an “update on grazing committee removals and other current Crofting Commission business”. He appeared to dodge being able to provide that update on the basis that it was his fifth day in the job.

However, sitting next to him was the Convener of the Crofting Commission, Colin Kennedy. Mr Kennedy did not offer an update on grazing committee removals and other current Crofting Commission business. Indeed, other than to introduce himself as all attendees did at the outset, Mr Kennedy sat silent throughout the entire meeting. He didn’t speak and no one asked him to speak.

This was, of course, the first crofting cross-party group meeting that Mr Kennedy has attended in this session of Parliament, having avoided the last two. He has thus not expressed the views of the Crofting Commission to the cross-party group since this session of Parliament commenced.

Mr Kennedy has, however, been very vocal in expressing his own personal views (which don’t necessarily coincide with those of the board of the Crofting Commission) in the media over the past few weeks including, in particular, in four successive editions of the Scottish Farmer.

His presence at last week’s cross party group meeting was referred to by some as the elephant in the room. But can the situation simply be ignored?

Brian Inkster

Political Consensus on the need for Crofting Law Reform

Crofting Question Time - Crofting Law Conference 2016

 

At the Crofting Law Conference (organised by the WS Society and the Crofting Law Group) held in the Signet Library, Edinburgh yesterday there was cross-party agreement on the need for crofting law reform.

Trudi Sharp, Deputy Director of Agriculture, Rural Development and Land Reform, in the Scottish Government stood in at the last minute for Dr Aileen McLeod MSP, Minister for Environment, Climate Change and Land Reform, who was unfortunately unwell and unable to deliver the keynote address on behalf of the Government.

Trudi Sharp - Crofting Law Conference 2016Trudi Sharp indicated that she had yet to speak to anyone who would disagree with the sentiment that there was a need to simplify crofting legislation. She said:-

The Minister is clear that crofting legislation should be well thought through with stakeholders and deliver law that is modern, simple and fit for purpose.

Crofting Law Conference 2016 - Views from the OppositionThe Conference heard the views of the opposition from Rhoda Grant MSP, Scottish Labour; Tavish Scott MSP, Scottish Liberal Democrats; Donald Cameron, election candidate for Scottish Conservative and Unionist Party; and Andy Wightman, election candidate for Scottish Green Party.

Crofting Law Conference 2016 - Jean Urquhart MSPThis was followed by ‘Crofting Question Time’ moderated by Jean Urquhart MSP with the opposition MSPs/election candidates being joined for that session by Rob Gibson MSP, Scottish National Party.

Crofting Law Conference 2016 - Rob Gibson MSPThere was little in the way of disagreement about the need for crofting law reform.

Rhoda Grant MSP - Crofting Law Conference 2016Rhoda Grant MSP said:-

The 2010 Act is a mess and probably needs to be revoked altogether.

Crofting Law Conference 2016 - Tavish Scott MSPThis was echoed by Tavish Scott MSP who said:-

The less said about the 2010 Act the better. It is one of the worst pieces of legislation ever passed by the Scottish Government.

He added:-

Crofting Law has been a mitigated mess and devolution has not helped take it forward.

Crofting Question Time at Crofting Law Conference 2016Both Tavish Scott and Rhoda Grant were of the view that crofting can mean different things in different areas. Shetland, for example, is very different to other areas that may work in a more communal way. They felt the current legislation does not recognise these differences.

Crofting Law Conference 2016 - Donald CameronDonald Cameron was of the view that it was “time for crofting law to be for the crofters and not the lawyers”. He warned though that “if you legislate in haste on crofting law you will repent at leisure”.

Crofting Law Conference 2016 - Andy WightmanAndy Wightman, quoting Dr Jim Hunter, referred to crofting law as a “highly unsatisfactory guddle”.

Crofting Law Conference 2016 - Brian InksterBrian Inkster, Hon Secretary of the Crofting Law Group, commented:-

It is heartening to see such cross-party support for crofting law reform. The word ‘mess’ was used more than once to describe the current state of crofting legislation. It is to be hoped that the next Scottish Government take cognisance of this and put crofting high on their agenda for new legislation during the next parliamentary term.

Photo Credit: All photos are by Rob McDougall for the Crofting Law Group

Setting the Agenda for Crofting Reform

Setting the Agenda for Crofting LawAhead of the Crofting Law Conference in Edinburgh today The Scotsman have published an article with the headline ‘Crofters to lobby for key changes to ‘complicated’ laws‘.

They quote Patrick Krause, Chief Executive of the Scottish Crofting Federation, as saying:-

Crofting law is notoriously complicated and the waters have been further muddied after the 2010 Crofting Act.

Crofting is unique in Scotland by having its own legislation and being a regulated system. It is therefore is essential that the legislation is fit for purpose.

The act needed cleaning up before the 2010 changes. This is unfinished business.

Unfortunately the 2010 introduced further errors and anomalies. The Sump gathered 126 of these and probably the only way to address them is with a new act.

Politicians are a bit reluctant to do this, but SCF is asking parliamentary candidates to finish the job.

And they also quote Brian Inkster, in his capacity as Hon Secretary of the Crofting Law Group, as saying he hopes today’s conference will set the agenda for crofting reform by the next Scottish government. Brian told The Scotsman:-

On Monday I will be spending much of the day arguing before the Scottish Land Court the significance of the Crofting Reform (Scotland) Act 2010 having deleted the word ‘or’ in a section of the Crofters (Scotland) Act 1993.

The result could be an unintended consequence. This is a good example of the problems that the 2010 Act has been causing since its introduction. It was an extremely badly drafted piece of legislation on top of existing complex law.

There remain numerous problems and issues in the legislation that can trip up the unwary on a daily basis. The current government pledged to resolve matters, and the next government really must seize the bull by the horns and sort the mess out once and for all. That will involve a comprehensive new crofting act that is well drafted, easily understood and designed to resolve the existing problems and not create any new ones.

MSP Alex Fergusson has referred to recent crofting legislation being like the Hydra. You think you have solved a problem but suddenly two new ones appear. The next Scottish government simply can’t afford to let that happen again.

We will provide a full report on today’s Conference after the event.

The Future of Crofting Conference

The Future of Crofting Conference 2015Brian Inkster will be speaking about ‘The Sump‘ at The Future of Crofting Conference in Inverness on 4 December 2015. This conference is a joint venture involving the Scottish Parliament Cross Party Group on Crofting, the Highland Council and the Scottish Crofting Federation.

Conference details are:-

Where: Highland Council Chamber, Inverness.

When: Friday 04 December 2015 09.00 – 16.00 (registration opens 08.30).

Background: In the wake of the near collapse of the Crofting Reform Bill in 2006, pressure from the Scottish Crofting Federation led to Scottish ministers commissioning a Committee of Inquiry on Crofting (CoIoC). This was chaired by Professor Mark Shucksmith. The CoIoC undertook many community meetings throughout 2007 and delivered their final report in 2008.

This was the most comprehensive study of crofting since the Taylor Commission, which reported in 1954.

The Scottish ministers used this report to formulate a further bill, its passage through Parliament culminating in the passing of the Crofting Reform (Scotland) Act 2010. Before the 2010 Act was published a conference called ‘The Future of Crofting’ was held in Stornoway in January 2010, hosted by the Comhairle nan Eilean Siar.

The Scottish Parliament Cross Party Group on Crofting agreed at a meeting in April 2015 that it is time to hold a further ‘Future of Crofting’ conference to look at what progress has been made since the CoIoC. The Highland Council have generously offered to host this with funding assistance from HIE.

Conference agenda: the conference offers expert speakers on the CoIoC, including Professor Shucksmith, and on the state of crofting law, regulation and development. There will also be ‘a view from the fank’ – a reflection by crofting activists. The format will give plenty of time for open discussion to gather views from the floor, which will be collated and presented by the Cross Party Group on Crofting, on behalf of the conference, to the Scottish Government.

You can download the conference programme here: Programme – The Future of Crofting Conference – 4 Dec 2015.

The conference is free and as there are limited places, advance registration is essential.

To register please email Maria Scholten.

The Crofting Law Sump

Crofting Law Sump

The Crofting Law Group has announced details of its Crofting Law Sump. The purpose of ‘the Sump’ is to gather together details of the significant problem areas within existing crofting legislation.

During the recent passage through the Scottish Parliament of the Crofting (Amendment) (Scotland) Act 2013, MSPs were informed by practitioners who had been called to give evidence about the many problems  in the existing legislation that were causing difficulties for crofters, landlords and others.

Paul Wheelhouse MSP, Minister for Environment and Climate Change with responsibility for crofting, gave an undertaking that his officials would investigate, in consultation with stakeholders, what the best method might be for dealing with these outstanding issues.

The Sump has been set up to assist the Government in this process. It will be administered by Derek Flyn, retired crofting lawyer, and Keith Graham, formerly Principal Clerk of the Scottish Land Court. They will collate the issues and problems that are causing difficulties, prioritise them and indicate  how the problem can be resolved. Their Report will be made available to the Scottish Government on completion.

Brian Inkster, Hon. Secretary of the Crofting Law Group, said “this initiative will hopefully assist the Scottish Government in deciding what to do next with crofting law. It is a notoriously complex area of the law and with experts of the calibre and experience of Derek Flyn and Keith Graham the Report will be comprehensive, thorough and focussed.”

Submissions to the Crofting Law Sump will be taken up to the end of this year and should be sent by e-mail to sump@croftinglawgroup.org or can be tweeted to @croftinglawsump. Information concerning the Sump will be updated at www.croftinglawgroup.org.