Crofting law reform proposals: consultation analysis

8. Conclusions

Many individuals and organisations with detailed knowledge took part in the consultation, sharing their views on the proposals for reforming crofting law. Reflecting on their experience and perspectives, this report provides a high-level summary of the consultation responses. For more detail, readers are encouraged to look to individual responses where permission was given for publication^[10].

Overall, the key message from the closed question results is that there is broad support for almost all of the proposals included in the consultation. However, a range of different perspectives were presented in open-ended comments. It is worth bearing in mind that it was more common for those who disagreed with a proposal to add a comment to explain why, so it is important that all the comments are viewed alongside the overall response. Supporters described how the proposals could make crofting more accessible and simplify many existing processes. However, both supporters and opponents highlighted potential challenges or unintended consequences to consider if the proposals are to be enacted.

Proposals to ease entry into crofting were well received. A majority of those answering closed questions supported the proposals for joint tenancies and standard securities. However, those offering open comments expressed mixed opinions. The rising price of crofts was highlighted, and it was suggested that the proposals would not address this issue or could exacerbate it further, particularly the proposals for introducing standard securities over croft leases. Similarly, while introducing joint tenancies was largely supported, comments highlighted the potential for greater legal complexity or disputes.

There was broad support for proposals relating to crofting communities, in particular for the Crofting Commission to consider the sustainability of crofting across the parish when deciding a decrofting application, and to have flexibility around the publicising and hosting of public meetings. Open comments stressed the importance of crofting communities, particularly those in the township, continuing to be able to raise objections, though others felt this right should be extended to other local community groups and members.

Most proposals relating to common grazings received widespread support; all were backed by at least half of those answering, and over half were backed by three quarters. Over half expressed the view that more legislation is required regarding grazings rights. The proposed ability to use common grazings for wider purposes, such as environmental schemes, were highly welcomed, although it was felt that they required further development to ensure benefits are maximised by all parties.

Among those answering, there was widespread agreement with the proposals aimed at strengthening residency and land use. Among those who left open comments, it was seen as important for crofters to uphold their crofting duties, and greater enforcement was seen to help achieve this, with more regulatory activity considered necessary. Ensuring new owner-occupiers are natural persons was also supported.

When considering improved decision-making efficiency within the Crofting Commission, most proposals were supported by over three quarters of those answering. All received majority support, except for continuing to allow anyone elected twice as a Crofting Commissioner to stand again. In open comments, suggestions were given for constituency areas that Commissioners could represent, notably in the Western Isles. Despite mixed views on decrofting, there was agreement that the sustainability of crofting should be considered by the Crofting Commission in decrofting applications.

Other proposals for simplifying crofting received widespread support, except for the proposal that deadlines for specific Crofting Commission decisions should be removed from legislation, with over a third of respondents commenting there would be value in this being maintained. Other proposals to streamline the crofting system were welcomed, such as those on streamlining Crofting Commission decision-making, and allowing up to a three-yearly cycle for the Crofting Census.

In conclusion, the responses to the consultation, and in particular the variety of views evident in open comments, will provide valuable and informative evidence for the Scottish Government to draw on to continue stakeholder engagement and inform the drafting of future legislation.