NFU Scotland is engaging with MSPs to ensure the Land Reform Bill strikes the right balance between enhancing community ownership and protecting productive farming units as it moves into its final stages.

Having worked with MSPs over tabled amendments at Stage 2, and submitted evidence to the Rural Affairs, Climate Change and Environment Committee on a number of occasions, NFU Scotland remains concerned that there is not adequate protection for farmers in the Bill.

This week saw the Union back in Parliament to work further with MSPs on amending the Bill at Stage 3 ahead of the final consideration of amendments on 16 March.

The Union believes strongly that where an application to purchase land is made on subjects comprising all or part of an agricultural holding, the Bill must state that Ministers must be satisfied that the productive capacity of that holding is not compromised to an extent which renders it unviable as a farming business.

Despite considering ‘harm’ to communities, currently the Bill offers no such protection to those who own land or occupy land under tenancies, something which NFU Scotland believes could leave its membership vulnerable.

NFUS President Allan Bowie commented: “The Bill does provide for guidance to be developed on how landowners engage with communities regarding a right to buy application. The Union continues to engage with Scottish Government actively in producing this guidance, and this will be a key work stream for the Union over the coming year.  However, the Union remains convinced that protection for productive, family-farmed units – particularly marginal ones, or those on the edge of settlements – should be put on the face of the Bill.

“In addition to this, the Union feels that the Bill should be amended to ensure that it is not possible for farmers to be subject to repeated applications to purchase the same parcel of land, and that a time period of three years should elapse before any repeated application can be made on that land.

“There are clearly benefits to community ownership of assets, and this caveat will assist in ensuring that applications for the right to buy are of the very best quality, providing benefits for the local community, as well as protecting our members from the angst of repeated applications.

“We have also raised concerns over the ability of communities to work with third party developers, believing that this will lead to commercially driven developer led applications as opposed to the community driven projects which are an aim of this Bill.

“In all, NFU Scotland accepts that there is a public and political mood to further land reform. We have said from the start that the objectives of transparency in land ownership are laudable, but that great care should be taken to avoid unintended consequences from any new legislation.

“There are a number of measures within this Bill which are very welcome – the appointment of a Tenant Farming Commissioner being just one. Stage 3 presents an important opportunity to insert final tweaks into the Bill so that we can achieve the best possible outcomes for NFU Scotland’s wide membership.”

Notes to Editors

• With regards to Stage 2, to clarify, NFU Scotland has not sought to amend the Scottish Government’s s.79 amendment at Stage 3, and its view remains unchanged.
  
  NFU Scotland has consulted widely with members regarding this s.79 assignation amendment.  In reaching a conclusion, NFU Scotland was unable to support the proposal as tabled as it felt a balance was best achieved by the original proposal from the Agricultural Holdings Legislation Review Group (AHLRG).
  
  NFU Scotland supported the AHLRG recommended period of assignation to 35 year tenancy as an appropriate balance of interests.  

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Contact Ruth McClean on 0131 472 4108