Scottish Land Reform Bill 'rushed and disappointing'
Legislation to transform how land is used and governed has been passed by the Scottish Parliament.
The Land Reform Bill will allow ministers to create a public register of those with controlling interest in land and introduce a new process to sell farm tenancies, creating a route out of farming for those without a successor.
'Altered without scrutiny'
But the passing of the Bill was described as 'discouraging but unsurprising', said Strutt & Parker.
Alex Jameson, partner in the firm's Perth office, said the Bill was sketchy in detail as legislative regulations will not be decided until after the May elections.
“Among my concerns is the fact that despite starting the Land Reform Review Group in 2011, some important parts of the Bill were altered in Stage 2 or 3 without thorough scrutiny.
"Some of the amendments are a result of the SNP defeat at their Party Conference in October. MSPs should be concerned that they have not seen much of the detail before voting for this new Land Reform Act. Late amendments and the lack of detail may well lead to unintended consequences.
“Another concern is the rushed passage through Parliament. Many would argue that the legislation should have been introduced with two separate Bills; one concentrating on Land Reform and the other on the important but complex subject of Agricultural Holdings legislation.”
Provide guidance to landowners
But speaking after the stage three debate, Minister for Environment, Climate Change and Land Reform, Dr Aileen McLeod said: “The passing of the Land Reform Bill is a landmark moment in our land reform journey.
“It is a result of many years of work to ensure our land is owned and used in the public interest and for the benefit of the people of Scotland.
“This radical legislation will make important changes to specific rights and responsibilities over land, including provisions to increase the transparency of land ownership, which have never before been seen in this country.
"It will allow us to provide guidance to landowners and tenants and allow communities to be involved when decisions are taken about land. The Bill will also remove the existing exemption of business rates for shooting estates and deer forests.
“This is a significant next step, but is not the end of our land reform journey - I want to do even more to help future generations benefit from our land.
“Going forward we will establish the Scottish Land Commission, publish a Land Rights and Responsibilities Statement and continue our work towards our one million acre target to community ownership by 2020.”
But Jameson said the legislation was rushed.
Mr Jameson concluded: “We have to move forward now and I urge the government to work with the countryside, and not against it, as they implement this reform."
Ambitious and radical Bill
Speaking on the agricultural holdings part of the Bill, Cabinet Secretary for Rural Affairs Richard Lochhead said: “This ambitious and radical Bill is a significant moment in how Scotland's land is owned, used, governed and managed to best deliver for the people of Scotland.
“The passing of the Land Reform Bill represents a major step forward for tenant farmers.
“The package of measures included in the Bill will improve security and investment conditions for existing tenants.
“It will deliver the environment to create opportunities for new entrants and to ensure an appropriate balance between tenants’ and landlords’ rights in the context of the wider public interest.
“It will also revitalise the sector by creating new routes into farming and providing the flexibility for businesses to grow.
“Our tenant farmers are an important part of agriculture which in turn is the foundation of our booming food and drink industry, this Bill will help ensure the tenanted sector has a vibrant future in Scotland.”
