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FOREWORD
This consultation paper on a draft Crofting Reform Bill represents the latest step in this Government's commitment to act on the findings of the crofting inquiry 1 and to reform crofting, in recognition of the unique contribution that small scale land management practices can make in terms of public benefits. 2 It is also part of our commitment to consult further on the changes needed to secure the future of crofting. The proposals in this document provide a possible way forward to reverse the decline of crofting that is being caused by high levels of absenteeism, neglect and the gradual erosion of land from crofting tenure. There may be other options for addressing these issues and this consultation also provides the opportunity to put forward alternative options if people believe that there are better ways of addressing these issues.
The recommendations of the Committee of Inquiry on Crofting ( CoIoC) have prompted healthy debate within the crofting community about the future of crofting and the best way to ensure that crofting continues to provide the strong communities, beautiful landscapes, environmental benefits, quality produce and rich culture that are to be found across the diverse Crofting Counties.
The Government response to the final report of the CoIoC set out five key principles that the Government considers to be important in securing the future of crofting and of crofting communities. These are:
- Maintaining and increasing the amount of land held in crofting tenure
- Ensuring that land in crofting tenure is put to productive use
- Ensuring that housing in crofting communities makes a full contribution to the local economy
- Giving more power to local people to determine their own futures
- Assisting young people and new entrants into crofting.
The proposals contained within this document provide the changes to crofting legislation that would be required to implement the proposals in the Government's response. I believe that these measures will help to make the Crofters Commission more independent, democratic and accountable. Crofters are the best people to take decisions about crofting and the governance proposals will help achieve that.
The draft Bill also contains measures to enable the reformed Commission to take effective action on absenteeism, which is important in sustaining crofting communities. Where croft land is not being put to purposeful use, the Commission should be able to ensure that the land is brought back in to use and contributes to sustainable economic growth. These responsibilities are tenets of crofting law and must be effectively enforced in addition to protecting crofters' fundamental rights of security of tenure, succession, fair rent and the value of improvements.
Croft housing is crucial to the future prosperity of crofting. I want to see croft houses remaining on the croft and critical to this is the ability of crofters to access loan finance from lending institutions. Therefore, the draft Bill contains proposals to provide lenders with greater confidence to lend to tenant and owner-occupier crofters without requiring them to decroft. Another important and controversial element of keeping land in crofting tenure is addressing the speculation on croft land for housing. The Government recognises that it is vital to make croft land available for housing but believes that it should only be used where there is a need for housing that will be used as a main residence. This will help to ensure that land remains available for new entrants into crofting.
I believe that these proposals, along with the administrative reforms we are making, will ensure a bright future for crofting. I hope that these proposals will be carefully considered by all those connected with crofting and that consensus can be reached on how best to secure the future of crofting.
Roseanna Cunningham MSP
Minister for Environment
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