LAND REFORM

THE DRAFT BILL

Mountain Views readers may have noted we are light in coverage of this massively important piece of new legislation to date. Our only excuse is lack of time backed up by appeals for active membership involvement. It is all extremely interesting - honestly!

However here is a snapshot of the background and content this draft Bill, which is now in the consultation queue. In October 1997, in the days before the Scottish Parliament, the Labour Government set up the Land Reform Policy Group, chaired by Lord Sewel, Scottish Office Minister for Agriculture, Environment and Fisheries. Their remit was "to identify and assess proposals for land reform in rural Scotland, taking account of their cost, legislative and administrative implications and their likely impact on the social and economic development of rural communities and on the natural heritage." Such a remit is clearly central to the NEMT's raison d'ętre.

In February 1998 the Group produced a consultation paper "Identifying the Problems" and from the feedback produced the "Identifying the Solutions" in September 1998. From this the Group presented their recommendations to the newly formed Scottish Executive enabling the production of the White Paper "Land Reform: Proposals for Legislation" in July 1999. Yes, this was again sent out for consultation and seminars were held through out Scotland. NEMT has responded to each of these papers as recorded in Mountain Views.

From the White Paper the Draft Land Reform (Scotland) Bill, Consultation Paper and its supporting Draft Scottish Outdoor Access Code - Public access to the outdoors: rights and responsibilities were produced in February 2001. Our news webpage also provides links to the Executive's Land Reform web site and several interpretative documents.

From the start there has been three aims within this exercise as follows:

  1. TO CREATE NEW RIGHTS OF ACCESS TO THE COUNTRYSIDE
  2. TO SUPPORT COMMUNITY OWNERSHIP OF SECTORS OF THE COUNTRYSIDE
  3. TO SUPPORT CROFTING COMMUNITY OWNERSHIP OF SECTORS OF THE COUNTRYSIDE

Readers are encouraged to obtain a free copy of this draft legislation by phoning Andrew Taylor of the Scottish Executive Rural Affairs Department, Tel No. 0131 244 4447. The deadline for responses has been extended to 30th June 2001.

1. RIGHTS OF ACCESS

The main part of this is production of the above draft Code by SNH and the Access forum. Our law already deals with what you cannot do on land and provides sanctions against irresponsible or criminal activities - this will continue. The Code is an effort to define what you can do on land. This is the new "right of access" and with it comes "the responsibility individuals must take for their actions". If an individual contravenes this Code by causing damage or disturbance, and fails to "modify their behaviour" when asked to do so, "they forfeit their right of access and may legitimately be asked to leave". The plan is to produce a summary code for the general public with shorter codes for conoeing or horse riding.

We must spare a word here for the beleaguered farmers as regards implications of the access side of this legislation. Many are already struggling with increased dumping of rubbish over their hedges, trampling of crops, hassle of gates left open and all this on a day to day basis. Is such a Code going to make the culprits behave more responsibly? Every farmer cannot be sitting behind every fence, on a 24-hour basis, ready to request that offenders "modify their behaviour". And that is without mentioning foot and mouth…

Further provisions under the access section are that "each local authority must establish a minimum of one local access forum for its area." Local authorities must also "compile and maintain a list of all core paths within their area." Aberdeen Council, for example, has already taken extensive proactive steps here and NEMT members have been present at several of their meetings.

2. COMMUNITY OWNERSHIP

The aim here is to pave the way for less concentration of ownership and management of land by the privileged few and ultimately to encourage sustainable development of rural communities. There is no doubt this legislation is pretty hard hitting.

Rural "Communities" have first of all to get themselves constituted in accordance with the proviso's of the Bill and then they have to register an interest in any said piece of land in which they can "demonstrate a direct connection". When the land owner of the said piece of land decides he wants to sell, once the Community can demonstrate they have such attributes as majority support and a ready made sustainable plan for the land, then the land owner is legally obliged to sell the land to that community. The issues involved are complex and have been subject to extensive debate.

3. CROFTING COMMUNITY RIGHT TO BUY

The provisions here are similar to the community right to buy with one major exception. This is that the crofting communities, provided they meet the terms of the Bill, are going to be able to buy the land, whether or not the land owners wants to sell and this along with the salmon fishing, mineral and sporting rights.

This legislation is eye-opening stuff and readers are encouraged to take the opportunity to get involved before the Bill is finally passed.

Jennifer A Cook, April 2001

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