Reform of crofting law: FOI release

FOI reference: FOI/17/02851
Date received: 5 November 2017
Date responded: 30 November 2017

Information requested

1. What consultation or other contact there has been between the Scottish Government and the Scottish Law Commission in relation to the reform of crofting law which is currently the subject of public consultation.

2. What consideration has been given during 2016 and 2017 to consulting or involving in any way the Scottish Law Commission in relation to the drafting, amending or modifying of any legislation relating to crofting.

3. A copy of any correspondence between the Scottish Government and the Scottish Law Commission, and of any documents produced by either of those bodies, in relation to 1 and/or 2 above.

Response

The answer to your questions are as follows:

1. There has been no formal consultation between the Scottish Government and the Scottish Law Commission in relation to the reform of crofting law.

2. Scottish Government officials have discussed with the Scottish Law Commission what potential role it might have in relation to a Crofting Bill. These discussions concluded that a Crofting law reform project would not be the usual type of project that the Commission would take forward. Any new crofting legislation would require substantial new Ministerial policy development and translation of that into draft legislation law which is not a role that the Commission, as an advisory law reform body, usually undertakes.

3. There has been no written correspondence between the Scottish Law Commission and the Scottish Government in relation to the issue you raise The Commission has in the past, undertaken Consolidation Bill work, where the project is a consolidation exercise.

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