DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper : page 5


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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

2 CONSULTATION TO DATE

2.1 The Scottish Office and, more recently, the Scottish Executive have already undertaken wide-ranging consultation on land reform prior to bringing forward this draft Bill.

Land Reform Policy Group

2.2 The Land Reform Policy Group recognised the need to consult extensively on what should be done.

In February 1998 the Group issued a first consultation paper on identifying the problems and opportunities which land reform should address. 6,750 copies were issued, and 364 responses were received.
Then in September the Group issued a second consultation paper on identifying the solutions, assessing possible options for action in terms of what would be achieved by the proposed change; the legislative implications; and the administrative implications; and the cost. A summary version was also made available. 5,000 copies of the full version and 13,400 copies of the summary version were issued, and 846 responses were received to this second consultation phase.
Throughout the consultation process, written responses were supplemented by contributions made in the course of 14 local seminars held throughout Scotland (attended by some 330 people in all), 7 expert seminars on specialist issues, and a wide range of bilateral meetings with relevant representative bodies and individuals.

2.3 All of this informed the Group's final recommendations, published in January 1999. 16,000 copies were issued, and a copy sent to all who had previously commented. The further comments received (though this was not a consultation paper) were also taken into account.

Access

2.4 Scottish Natural Heritage was asked, in preparing its advice, to consult with interested parties:

Scottish Natural Heritage looked to the Access Forum, expanded to include representation from all the interests in access, to provide input to this exercise.
In early 1998 Scottish Natural Heritage issued an open invitation to contribute to the debate, to which some 200 responses were received.
By the end of 1998, the Access Forum had achieved considerable consensus on the principles of a new approach to access in Scotland. Scottish Natural Heritage largely endorsed the views of the Access Forum in its own advice to government at the end of 1998. This advice, along with the recommendations of the Access Forum, was published in a document entitled "Access to the Countryside for Open Air Recreation".
On 2 February 1999, the then Secretary of State Donald Dewar announced that the Government accepted Scottish Natural Heritage's advice as the basis for drawing up detailed legislative proposals for consideration by the Scottish Parliament. Mr Dewar asked Scottish Natural Heritage, in consultation with the Access Forum, to give further consideration to the detail of the proposals and draft a Scottish Outdoor Access Code.

Community right to buy

2.5 In the period from January 1999 to the establishment of the Scottish Parliament, policy development was informed by further bilateral meetings with relevant representative bodies and individuals. In addition, 3 consultation papers on specific issues were put to the Consultative Panel on Landownership, consisting of all individuals and organisations that had expressed an interest in participating in the development process. Two expert seminars were also held on specific issues.

Land Reform White Paper

2.6 Following the establishment of the new Scottish Parliament and the creation of the Scottish Executive, the White Paper "Land Reform: Proposals for Legislation" was issued on 8 July 1999, covering detailed proposals on both access and community right to buy. 14,800 copies were issued, and a copy sent to all who had previously commented. 550 written responses were received. In addition, 13 local seminars were held throughout rural Scotland over the summer. In all, around 440 people attended these. The land reform website, launched on 6 August 1999, has provided a further means for the public to learn about and comment on the proposals. There have also been 3 expert seminars on specialist issues, and a wide range of further bilateral meetings with relevant representative bodies and individuals. All of these comments have helped inform the development of the legislation.

2.7 On 24 November 1999, there was a Parliamentary debate on land reform; and the Deputy First Minister announced that this consultation had resulted in a number of improvements to the Bill:

On access, there would be provisions to enable land managers to manage the right of access on their land when the requirements of land management dictate; and to exclude farm steadings from the right of access, except where a Right of Way already exists through a farm steading. Finally, it was stressed that this was an individual right of access.
As regards community right to buy, in the light of what community interests had to say, the legislation would now give Ministers a degree of discretion to decide whether a community body is sufficiently representative of and supported by the local community. And it would be possible for community bodies to register interest in nearby land. Also a procedure for community bodies to apply on an exceptional basis to register interest after land comes on the market would be added. In the light of concerns raised by landowning interests, adjustments would be made to avoid problems of "cherry-picking", and to minimise delays.

2.8 The White Paper also discussed possible new powers to increase information about land. Further consideration of these proposals has confirmed that legislation is not required to take forward the Land Reform Policy Group's recommendation for a new database on rural land ownership. However, further research is required; and on
30 October 2000 a contract was granted for a study on the possible need for improved information about rural landholdings (and how such a need might be met). The study is also considering the need for information concerning beneficial ownership of land.

Crofting community right to buy

2.9 The Deputy First Minister also announced in November 1999 that the Land Reform Bill would include provisions to create a crofting community right to buy. The proposals on crofting community ownership had been included in the Land Reform Policy Group consultation over the previous two years. They were not included in the Land Reform White Paper but, at the White Paper launch, the then Deputy Minister for Justice indicated that Ministers were looking for a way to include a crofting community right to buy in the Land Reform Bill. A separate consultation paper on how such a right might operate in practice was issued to members of the Crofting Consultative Panel. The Panel members include the main organisations representing crofters, crofting landlords and land management professionals together with a range of expert individuals. In addition the paper was made available on request to anyone else who expressed an interest in seeing it. Fifteen responses were received, and these informed both the decision to include these provisions in the Land Reform Bill, and the detailed policy development.

Conclusion

2.10 The Chapters that follow set out the main issues and themes arising from these various consultations, and explain how these are reflected in the draft Bill. This is intended to give respondents a sense of how their comments fitted into the other comments received, and how they have helped shape the draft Bill. All written comments (except those which are confidential) from all of the consultation rounds mentioned above have been placed in the Executive library and can be consulted upon request.

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