Crofting (Hansard, 30 July 1974)

§ Mr. William Ross

I have completed my consideration of the proposals for crofting reform which stemmed from the Crofters Commission's recommendations of 1968 and 1969 and which were the subject of a Bill which came before the last Parliament. Although satisfactory in some respects the lapsed Bill had certain serious defects. After consultations with the main interested organisations, I can now announce my proposals, which I hope to implement as soon as parliamentary time permits.

This is a time of rapid change in the Highlands and Islands and there is a need for a change in the existing system of crofting tenure. The protection given to the crofter over the years is now in some cases working to his disadvantage, and there is general agreement that his interest is such as to entitle him to take more advantage of the possibilities of development on his land that the present statute allows. He should also, in view of this interest, be entitled to own his croft, or at least the land upon which his own buildings are situated, if he so chooses. I agree with my predecessor, however, that there should be no compulsion about this.

I am therefore proposing that a crofter should have:

(a) an incontestable right to acquire the site of his house and garden ground;
(b) the right, failing agreement with his landlord, to apply to the Scottish Land Court for an order allowing him to purchase his croft land, subject to certain limited safeguards for the landlord's interest; and
(c) an entitlement to an equal share with the landlord in any gain accruing from the sale or development of land resumed from the croft.

Under the earlier proposals, the price at which the crofter was to be allowed to purchase his croft land would have been based on a formula which was related to its market value. This formula was heavily criticised by many crofters; 169W it would have given an uncovenanted benefit to the landlords and purchase would only have been attractive to those crofters who intended to sell out to make an immediate gain. Under my proposals, the purchase price will be related to the crofting value of the land but there will be a liability to make a further limited payment to the former landlord should the crofter recall within five years. There will thus be every incentive for the crofter who wishes to purchase his land but remain as an active member of his community.

The other main change is in the provisions relating to the removal of land from crofting where the previous proposals provided scanty safeguards for the interests of the community. The proposal to transfer the control function from the Secretary of State to the Land Court was also strongly criticised. Under my proposals the Crofters Commission will undertake this function and in its administration will be required to have full regard both to the interests of the community and to genuine crofting demand. I am confident that the commission will administer this function fairly and impartially, but there would be provisions for appeal against the commission's decision to be made to the Land Court.

I recognise the importance the crofters attach to the grant and loan assistance available for crofter housing, and I intend to retain the proposal that entitlement to this assistance should be available to crofter owners for a period of seven years after the acquisition of their house sites. I also intend to retain the provisions relating to the improvement of common grazings.

I believe that these new proposals will be warmly welcomed throughout the crafting counties and that they will enable crofters to make full use of their own resources and participate in Highland development.