EXTINGUISHMENT OF RIGHTS AFFECTING LAND (Hansard, 10 December 1974)

§ Mr. John Smith
I beg to move Amendment No. 153, in page 3, line 17, leave out ' Sections ' and insert: 'The Secretary of State may by order direct that sections'.

The Deputy Chairman
With this amendment it will be convenient to take Government Amendment No. 154.

§ Mr. Smith
These amendments are of a technical character. I think that hon. Members will be familiar with their purpose. As drafted. Clause 2(4) applies the provisions of Sections 219 and 220 of the Town and Country Planning (Scotland) Act 1972 directly to land acquired under the Bill. The purpose of the amendment is to enable the Secretary of State to apply the provisions of the 1972 Planning Act, with modifications, to land acquired under the Bill. This is being done so that provisions can be used as flexibly as the circumstances require where rigid application might be inappropriate.
I ask the Committee to approve the amendment.

§ Mr. Buchanan-Smith
On an earlier amendment I raised the question of rights and the extinguishment of rights relating to crofters. Before dealing with that matter, I should like to reiterate what we 332 discussed earlier relating to rights of way, and so on.
One point that has been made on this matter, which concerns me greatly, knowing certain areas in the Highlands quite well, is whether production platform sites will be on the seashore, therefore breaking its continuity and affecting the enjoyment of people walking by the sea. This is a popular pastime for both local people and those who go there on holiday. I make this point in addition to what has been said about rights of way. It will help people who use the shore line if an alternative route is provided round production platform sites so that they may continue their passage along the seashore. It does not sound important, but such provision would be welcomed by those who enjoy walking by the seashore. I hope that this matter will be taken into account.
The Minister of State said that although there was no specific amendment on the grazing rights of crofters in the crofting counties, he would consider the matter further. The Minister knows that there has been pressure from organisations, such as the Scottish Landowners' Federation and the National Farmers' Union that land in crofting occupation should be excluded from the provisions of the Bill. I did not feel justified in tabling or supporting an amendment to that effect because in areas where production platform site activities will take place vast tracts of land are automatically required. I felt that such a proposal, which was put forward in good faith by organisations which have at heart the interests of crofters, went too far and would perhaps negate many of the purposes of this legislation.
I hope that between now and Report the Government will consider whether it is possible to write into the Bill slightly more protection for crofters and the rights that they enjoy. I will certainly consider the matter during that time. I am thinking of crofters' rights not only over croft 333 land but of common grazings, which are often worked in conjunction with their inby land. Such land is vital to whether a croft will provide an income or become totally unviable.
This problem has arisen with other developments. It is not new. I hope that in further consideration of the Bill particular attention will be paid to this group of people whose livelihood in the Highland areas is wholly traditional and has a far longer history than the new oil developments that we are discussing. I hope that the Minister will be able to give some assurances for the future.

§ Mr. John Smith
As I indicated earlier in response to an intervention by the hon. Member for the Western Isles (Mr. Stewart), the Government, without commitment, will look at the matters referred to by the hon. Member for North Angus and Mearns (Mr. Buchanan-Smith). The undertaking that I gave was restricted to rights of way. There may be public concern about other matters. The Government will bear in mind what the hon. Gentleman said when considering what further might be done.