Land Reform (Scotland) Bill: equality impact assessment

Executive summary

This Equalities Impact Assessment (EQIA) has been carried out to identify potential impacts resulting from the introduction of the policies in the Land Reform Bill. It is important to note that the protected characteristics are not independent of each other, and some people may be affected by complex and interconnected issues related to disadvantage at any one time. It is also recognised that this intersectionality also applies to those experiencing socio-economic disadvantage, as highlighted in the [Fairer Scotland Duty Assessment] and those living in Island communities (ICIA).

Given the importance of assessing the impact of each of the protected characteristics, the Scottish Government considered the proposal against the needs of the general equality duty as set out in section 149 of the Equality Act 2010. It considered whether the measure could constitute direct and/or indirect discrimination.

Specifically, the EQIA considered impacts on equalities groups based on the three tests it is required to address:

• Does this policy eliminate discrimination for each of the nine protected characteristics (PCs). If not is the discrimination justifiable? Can it be mitigated?
• Does this policy advance equality of opportunity for PC groups?
• Does this policy foster good community relations between people of PC groups?

The Bill’s objectives are to advance the government’s land reform agenda by improving transparency of land ownership and management, strengthening the rights of communities in rural areas by giving them greater involvement in decisions about the land on which they live and work, and increasing opportunities for communities to purchase land when it comes up for sale. It will modernise small landholdings legislation, and ensure that small landholders enjoy the same opportunities as other types of farming tenant. It will further reform agricultural holdings legislation, and will in particular help ensure that farm tenants are able to manage land in a manner that contributes to mitigating the effect of the climate and nature emergencies. It will also support the development of a new type of letting arrangement that will complement the existing system of farming tenancies (Land Management Tenancy).

The proposals are anticipated to have an overall positive impact, and this is not expected to differ significantly between equality groups.

It is anticipated that the proposals in the Bill will benefit local communities, small landholdings and agricultural holdings in rural areas of Scotland. The impacts of the proposals are not anticipated to differ based on other protected characteristics. They will however help bring about the national outcomes the government wishes to see in terms of inclusive communities, net zero and biodiversity, a just transition, and the protection of human rights and promotion of social and cultural rights.

This EQIA has been developed based on consultation, stakeholder engagement and consideration of available research. It will be kept under review as the Bill progresses through the Scottish Parliament and further engagement and impact assessment will be carried out for future regulations.