Crofting (Hansard, 4 August 1972)

§ Mr. Gordon Campbell

Recommendations for crofting reform were submitted by the Crofters Commission to my predecessor in October, 1968 and were supplemented by further recommendations in September, 1969. These proposals resulted from a comprehensive review which the commission made of crofting in a changing situation and I am grateful to them for the thoroughness with which the review was carried out.

The recommendations have been the subject of detailed consultations with the many organisations which have a crofting interest. It has become evident that there is a wide measure of agreement on the need for changes in the present system of crofting tenure, which has its origins in the first crofting legislation of 1886. There are now increasing opportunities available to crofters in many parts of the Highlands to take up ancillary activities to supplement the livelihood which they can get from working their crofts. The present constraints on the use to which the crofter can put his land, however, prevent him from taking full advantage of these opportunities. I have also found a broad measure of acceptance of the view that, having regard to the special circumstances of crofting tenure, the crofter's interest in his land is more than that of a tenant with a high degree of security.

I have reached the conclusion that the main disabilities which now restrict a crofter's opportunities of benefiting from development by ancillary activities can best be remedied by the following combination of measures, which will enable crofters to become owner-occupiers without the compulsion which the commission's recommendations envisaged.

The main feature of my proposal is that the crofter should have the right, failing agreement with his landlord, to apply to the Scottish Land Court subject to reasonable safeguards for the landlord's interest, for an order allowing him to purchase his croft at a price which would fairly reflect his special interest in the land. Where a crofter does not wish to own his croft I propose that he should have:

(a) the right to a title to the site of his house and garden ground;

(b) the right, failing agreement with his landlord, to apply to the Land 222W Court for an order allowing him to acquire inbye land on his croft for non-agricultural development;

(c) a share in the development value of any land on his croft which is resumed by his landlord for development either by the landlord himself or by a third party.

I also propose that crofting townships should have a right of pre-emption where a crofter wishes to sell his croft land on the open market. This would protect the community from the possible sterilisation of valuable wintering ground for stock. The pre-emption provision would not apply to the croft house.

My proposals in regard to ownership rights are confined to the croft inbye land and I do not propose that they should affect the ownership of the common grazings.

I am aware of the importance that crofters have always attached to the grant and loan assistance available for crofter housing for which they would in the normal course cease to be eligible on becoming owner-occupiers. I propose that a crofter who exercises his option to become an owner-occupier under these new arrangements will continue to enjoy, for a transitional period of seven years thereafter, the same entitlement to housing assistance as will be available to crofters who do not change their status.

I propose to introduce these reforms as soon as time is available for the necessary legislation. I am anxious, however, that no opportunity should be lost meantime to stimulate suitable forms of crofting development so that crofters will be able to take full advantage of the better prospects which my proposals will open up for them. I am therefore asking the Highlands and Islands Development Board to consider urgently how best it can further help crofters, by way of advice and by financial help where appropriate, to take up ancillary activities. During this transitional period the Crofters Commission will also have a valuable rôle to play in preparing crofters to adapt to their new situation.

I believe that my proposals will provide a welcome stimulus to crofting and that they will present crofters with better opportunities to develop their resources and to diversify their means of livelihood.