HC Deb 02 December 1919 vol 122 cc357-9

For Sub-section (5) of Section twenty-four of the Act of 1911 shall he substituted the follow-Sub-section: (c) The Land Court may, on the application of the Board, and on the like conditions, grant pasture or grazing rights on a common pasture or grazing to cottars who have been in use to pasture or graze stock thereupon, if satisfied that no other land is available for that purpose.

Sir K. FRASER

I beg to move, in substituted Sub-section (5, c), after the word "who" ["cottars who have "], to insert the words "with the express consent of the tenants of such common pasture," and I shall afterwards move to strike out from the word "therefore" to the end of the Sub-section.

This Amendment will affect very few cottars, and only those who have been in use to graze their stock upon the common pasture land of crofters without their consent, in fact, often against their wish. If this Sub-section be allowed to stand as it is, a cottar may be granted pasture and grazing rights on the common pasture of crofters and he will become a member of the club farm for a crofting township. The common grazing on the hills and the arable land is nothing more nor less than a club farm; in fact you will be making a man a member of a club by law against the wishes of the members. he will have. the right to attend all their meetings and interfere in all the affairs of the crofters. Tie words "if satisfied that no other land is available for that purpose" seem to me unnecessary, for I doubt whether there is a Highland estate where you cannot find land which is available for grazing. I venture to say that the Land Court or Board should make land available oil which the cottar may graze his stock, either on land used as a sheep farm, or, better still, on land now under deer; but do not foist him on to the common pasture land of the crofters against their wishes.

11.0 P. M.

Captain ELLIOT

I beg to second the Amendment. This is another case of an attack by the bureaucracy on the rights of the ordinary free citizens of Britain. What right had this double distilled bureaucracy, the Land Court, to come on to common grazing land and to insist that some cottar or other who happens to have taken their wandering fancy shall be given full grazing rights there? This man may be foisted upon this common grazing without any consideration for the rights of the existing tenants. A similar assault was made in Russia by Lenin and Trotsky on the rights of the free peasantry, and was successfully defeated, and I hope that this Amendment will enable us to defeat this similar assault by a no less wicked bureaucracy, the Scottish Land Court.

Mr. MUNRO

I hope my hon. and gallant Friend will not press the Amend-merit. It is an Amendment which is being supported by an analogy which, I venture to think, is somewhat remote. The fact of the matter is that if this Amendment were accepted, you might as well shut down the whole system of common pasture and common grazing, because it would mean that one person would have the right to veto the whole proceeding. If the hon. and gallant Gentleman will withdraw his first Amendment, I. shall be very happy to accept the next one.

Sir K. FRASER

I beg to withdraw the Amendment.

Amendment, by leave, withdrawn.

Amendment made: In substituted Sub-section (5, c) leave out the words "if satisfied with no other land is available for that purpose" "— [Sir K. Fraser.]