Chamber and committees

Thank you, convener and committee members, for the opportunity to speak to you on the delegated powers in the Land Reform (Scotland) Bill. I am committed to working with members to ensure that we deliver good law. I know that members will have a range of questions on the powers, but I want to make a couple of opening comments to give some background to the overall approach to the bill.

As set out in the delegated powers memorandum, the overarching policy objectives of the bill are to help to realise our vision for land reform and sustainable and regenerative agriculture. The bill covers the on-going management and transfer of large landholdings. It will also help to secure the viability of tenant farming and enable tenant farmers and small landholders to participate in delivering our vision for agriculture. Specifically, the bill covers four principal policy areas: land reform, a new land management tenancy, agricultural holdings legislation and small landholding legislation.

As I outlined in my response to the committee’s initial questions, I want to ensure that the bill provides the correct balance between primary and secondary legislation so that the key measures are in the bill and proper scrutiny of the measures that are made under the bill takes place. With that, I welcome the committee’s views, as well as those of stakeholders more widely, to ensure that the bill strikes the correct balance.

I believe that what we have set out here strikes the appropriate balance with the powers that we are proposing to take, but I am happy to consider any recommendations that the committee might make in relation to the instruments that we have introduced as part of the bill. I touched on some of the legislation that I have previously taken through the Parliament, for which the feedback of the committee was very much considered and taken on board. I am more than happy to hear the recommendations.

I do not necessarily agree with that, because of the thresholds and the transfer test that we are introducing. Of course, that would not fundamentally alter what land could form part of that or change how breaches are reported in various other areas that we have talked about.

No, it is not a change. It has been the case previously.

In relation to a number of the measures that you mentioned, we have set out our overall approach and rationale in the policy memorandum. However, we recognise that work needs to be on-going in a number of areas in which we have picked up particular issues. There are areas that we are hearing about in evidence, which we still want to work through with our stakeholders.

I do not know whether it would be valuable to touch on some of the work that has been undertaken so far. I will pass to Fiona Leslie, who has been working on the small landholdings proposals and agricultural tenancies in particular.

I certainly believe that the balance that we have at the moment is correct, as I set out in my response to the committee. However, I am more than happy to hear the committee’s views in relation to different instruments, and I am open to considering members’ feedback.

A lot of that work is going on at the moment. We have already set out to the Net Zero, Energy and Transport Committee that we are working on the small landholding provisions and intend to lodge amendments in that respect. Of course, if there are going to be any impacts on this committee and its scrutiny work, we will keep members informed of that.

It is important that we learn the lessons of pieces of legislation that have come before the bill. I think that it is absolutely correct to say that land reform is a journey, and there will, no doubt, be further land reform bills after this one. We are looking at a number of areas for new policy that have been informed by previous pieces of legislation and by engagement with stakeholders, as I have already outlined.

However, with the powers that we are introducing in the bill, we want to deliver on our vision for land reform in Scotland by trying to tackle some of the issues with the scale and concentration of land ownership. The proposals that we have introduced are based on the work of the Scottish Land Commission, and it is important that we deliver on those ambitions and take that other step forward.

There are new areas of policy in the bill. The monitoring work in it that we have proposed to undertake will, if it is agreed to by the Parliament, be critical. It will help to inform any proposed regulations that stem from the bill and any future legislation.

I do not think that we can hold off on introducing new policy or new legislation. Introducing the bill is a really important step forward, and it is vital that some of the changes in it happen now. I mentioned earlier how antiquated some of the small landholding legislation is, and we really need to update some of the areas around agricultural tenancies, as well, so that we can deliver on our agriculture ambitions, as I outlined in my opening comments. We can do that only through the introduction of the measures that we have in the bill.

You have outlined quite a number of powers that do various things to various degrees.

You are absolutely right. We have to consider each one on its merits; it has not just been a case of transfer for transfer’s sake.

One area in which it is important to highlight those measures is in relation to the small landholdings legislation, which we discussed previously. Our approach mirrors some of the legislation that we have in place for agricultural holdings, which will ensure that people in different tenancies are treated in the same way. That reflects why it is important to mirror some of the approaches already in legislation.

I do not know whether officials could touch on other specific examples that would help to illustrate the point.