HC Deb 11 June 1973 vol 857 cc261-6W
Mr. Strang

asked the Secretary of State for Scotland if he has now decided to introduce legislation in the next parliamentary session to reform crofting tenure.

Mr. Gordon Campbell

I would refer the hon. Member to the answer which I gave to the hon. Member for Caithness and Sutherland (Mr. Maclennan) on 26th February.—[Vol. 851 c.296.]

Mr. Strang

asked the Secretary of State for Scotland if he will list the organisations he consulted before deciding on his proposals for the reform of crofting tenure.

Mr. Gordon Campbell

Consultations have taken place with the following organisations:

  • An Comunn Gaidhealach.
  • Association of County Councils in Scotland.
  • Chartered Land Societies Committee.
  • Church of Scotland.
  • Council of Social Service: Scottish.
  • Council of Social Service: Barra.
  • Council of Social Service: Harris.
  • Council of Social Service: Islay.
  • Council of Social Service: Morven, Ardnamurchan and Moidart.
  • Council of Social Service: Mull and Iona.
  • Council of Social Service: North and West Sutherland.
  • Council of Social Service: Orkney.
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  • Council of Social Service: Shetland.
  • Council of Social Service: Skye.
  • Council of Social Service: Tiree.
  • Countryside Commission for Scotland.
  • County Council of Argyll.
  • County Council of Caithness.
  • County Council of Inverness.
  • County Council of Orkney.
  • County Council of Ross and Cromarty.
  • County Council of Sutherland.
  • County Council of Zetland.
  • Crofters Commission.
  • Crofters and Small Landholders Association.
  • Crofters Unions, Federation of.
  • Crofters Union, Barra.
  • Crofters Union, Blaich.
  • Crofters Union, Inverness and District.
  • Crofters Union, Lochaber.
  • Crofters Union, North Uist.
  • Crofters Union, North West Sutherland.
  • Crofters Union, Shetland.
  • Crofters Union, Skye.
  • Crofters Union, South Uist.
  • Crofters Union, Western Isles.
  • Crown Estate Commissioners.
  • District Councils Association for Scotland.
  • Faculty of Advocates.
  • Federation of Highland Societies of Glasgow.
  • Forestry Commission.
  • Highland Forum.
  • Highland Fund.
  • Highlands and Islands Development Board.
  • Land Commission.
  • Law Society of Scotland.
  • National Farmers Union of Scotland.
  • National Trust for Scotland.
  • Nature Conservancy.
  • North of Scotland College of Agriculture.
  • North of Scotland Hydro-Electric Board.
  • Northern Burghs Association.
  • Red Deer Commission.
  • Scottish Agricultural Organisation Society.
  • Scottish Agricultural Securities Corporation.
  • Scottish Council (Development and Industry).
  • Scottish Council of Physical Recreation.
  • Scottish Country Industries Development Trust.
  • Scottish Land Court.
  • Scottish Landowners Federation
  • Scottish Law Commission.
  • Scottish Peat and Land Development Association.
  • Scottish Tourist Board.
  • Scottish Trades Union Congress.
  • West of Scotland Agricultural College.

Mr. Strang

asked the Secretary of State for Scotland if he will seek to ascertain and publish in the OFFICIAL REPORT the number of meetings which have been held by the Crofters Commission to explain the Secretary of State's proposals for the reform of crofting tenure to crofters, and the place and approximate number of crofters attending each meeting.

Mr. Gordon Campbell

The commission has held meetings with its local assessors, who provide the channel of Communication between them and the general body of crofters, at the following places. (The number of assessors attending on each occasion is shown in brackets):

  • Thurso (4).
  • Kirkwall (3).
  • Lerwick (11).
  • Ullapool (5).
  • Dingwall (4).
  • Portree (11).
  • Oban (8).
  • Lochboisdale (9).
  • Stornaway (12).
  • Tiree (5).

The proposals were also discussed at the Annual Conference of Assessors in Inverness on 15th–16th March, 1973 when 60 Members of the panel attended.

Commission representatives also attended by invitation the following public meetings convened by the bodies listed at the places shown below. (Approximate attendances are given in brackets):

  • Paible—North Uist Crofters Union (80).
  • Castlebay—Barra Crofters Union (230).
  • Portree—Skye Crofters Union (100).
  • Broadford—Skye Crofters Union (60).
  • Kintail—Loch Duich Branch, National Farmers' Union (60).

The commission issued Press notices after these meetings so that crofters generally would be informed of the matters discussed.

Mr. Strang

asked the Secretary of State for Scotland if he will seek to ascertain and publish in the OFFICIAL REPORT a summary of the main issues raised by the crofters at the meetings held by the Crofters Commission to explain the Secretary of State's proposals for the reform of crofting tenure.

Mr. Gordon Campbell

I understand from the commission that the main issues discussed were the basis for fixing the price at which a crofter would buy his croft, the question of control over the resale of croft land and the crofter's continued right to housing assistance.

Mr. Strang

asked the Secretary of State for Scotland (1) if he will now put in more precise terms his proposal that the crofter should have the right to purchase his croft;

(2) what are the criteria which he proposes that the Scottish Land Court should use when deciding on the price for a croft which would fairly reflect the crofter's special interest in the land;

(3) what are the safeguards for the landlords interest he intends to introduce with regard to his proposal that, failing agreement with his landlord, the crofter should have the right to apply to the Scottish Land Court for an order allowing him to purchase his croft;

(4) if he will now put in more precise terms the share which he proposes the crofter shall have in the development value of any land on his croft which is resumed by his landlord for development;

(5) if he will now put in more precise terms his proposal that a crofter who does not wish to own his croft should have the right to acquire inbye land on his croft for non-agricultural development; if the crofter will be required to make a payment to his landlord for the land; and if so how the level of payment will be determined;

(6) if he will now put in more precise terms his proposal that a crofter who does not wish to own his own croft should have the right to a title to the site of his home and garden ground; and whether the crofter will be required to make a payment to the landlord for this right;

(7) if he proposes that a crofter who obtains an order from the Scottish Land Court allowing him to purchase his croft should automatically acquire all the sporting rights over the croft inbye land.

Mr. Gordon Campbell

Consultations have been continuing with the various interests on the basis of the proposals which I announced last August. These consultations are not yet completed and I would ask the hon. Member to await the publication of the proposed legislation.

Mr. Strang

asked the Secretary of State for Scotland if the crofter will be required to contribute towards the legal expenses incurred if he chooses to take advantage of the proposal that, failing agreement with his landlord, he can apply to the Scottish Land Court for an order allowing him to purchase his croft.

Mr. Gordon Campbell

The allocation of legal expenses before the court would be a matter for the court to decide.

Mr. Strang

asked the Secretary of State for Scotland if he will estimate the total legal expenses likely to be incurred by the crofter if he chooses to take advantage of the proposal that, failing agreement with his landlord, he can apply to the Scottish Land Court for an order allowing him to purchase his croft.

Mr. Gordon Campbell

The legal costs arising from purchase of a croft would be related to normal conveyancing scales. It is not possible to give an estimate for an individual case since they would depend on a number of factors, including the sale price.

Mr. Strang

asked the Secretary of State for Scotland (1) if he will now put in more precise terms his proposal that crofting townships should have a right of preemption where a crofter wishes to sell his croft land on the open market;

(2) what considerations he proposes should be taken into account for the purpose of deciding in any particular case whether a crofting township should be allowed to exercise its right of preemption where a crofter wishes to sell his croft land on the open market;

(3) which body or group of individuals he proposes should be entitled to exercise a right of pre-emption on behalf of the crofting township where a crofter wishes to sell his croft land on the open market:

(4) what are the criteria which he pro-poses should be used to determine the price at which the crofting township should have a right of pre-emption, where a crofter wishes to sell his croft land on the open market;

(5) if he proposes to provide financial assistance to crofting townships to enable them to exercise a right of pre-emption where a crofter wishes to sell his croft land on the open market;

(6) if he proposes to place restrictions on the use or re-sale of croft land acquired by a crofting township through the use of the powers of pre-emption.

Mr. Gordon Campbell

In the light of the consultations which have taken place with crofting interests since the announcement of my proposals, I am giving further consideration to the proposal that a right of pre-emption should be available to the crofting township.

Mr. Strang

asked the Secretary of State for Scotland if he proposes to introduce additional restrictions on the crofting landlord who wishes to resume croft land for development against the will of the crofter, so as to give the crofter who does not purchase his croft greater security of tenure.

Mr. Gordon Campbell

No. A landlord who wished to resume croft land in terms of Section 12 of the Crofters (Scotland) Act 1955 would still have to satisfy the Land Court that the resumption was for some reasonable purpose having relation to the good of the croft or of the estate or to the public interest. This procedure seems to me to provide adequate safeguards for the crofters interests.

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