Tenant Farming Commissioner functions: review

Recommendations

The functions of the Tenant Farming Commissioner have been well received by stakeholders and require little amendment. Ministers are advised that all existing functions of the Tenant Farming Commissioner should, thus, remain in place.

Ministers may, however, wish to consider the addition and/or extension of the functions as set out in the following recommendations.

1. To foster compliance with the codes of practice, the Tenant Farming Commissioner should be granted the authority to sanction and impose financial penalties on anyone found to have been in breach of the codes of practice. This was, arguably, the most pressing issue for the majority of respondents. 25% of respondents disagreed or strongly disagreed that the Tenant Farming Commissioner has sufficient powers to prepare codes of practice, given that they are not legally enforceable. 23% of respondents disagreed or strongly disagreed that the Tenant Farming Commissioner has sufficient powers to inquire into alleged breaches of the codes of practice. The current officeholder, Dr Bob McIntosh, also notes his concern that rulings can be ignored and suggests that sanctions and financial penalties should be considered.

2. To continue the delivery of additional guides and information for landlords, tenants and agents, the provision and promotion of guidance, information and advisory documents should be added as a function of the Tenant Farming Commissioner. As discussed in 7.1, the Tenant Farming Commissioner has published eleven guides that were not originally specified in Section 24 (1) of the Land Reform (Scotland) Act 2016. These have been well received by the sector and the Tenant Farming Commissioner has sought clarification as to whether the Act supports this role.

3. To keep pace with the changing nature of the business arrangements of agricultural holdings, ministers should consider extending the remit of the Tenant Farming Commissioner to include alternative business arrangements, such as joint ventures and business partnerships. As discussed in 7.1, the Land Commission and Tenant Farming Commissioner have actively promoted these alternatives to tenant farming. It is, thus, likely that, as they become more common, similar disputes and difficulties will arise. Dr McIntosh requests that consideration be given to extending the role of the Tenant Farming Commissioner to cover other types of business arrangements affecting agricultural holdings.

4. To further encourage good relations among landlords and tenants of agricultural holdings and their agents, the Tenant Farming Commissioner may adopt the additional function of providing mediation services, where the relationship between tenants, landlords and agents has deteriorated but codes of practice have not necessarily been breached. As discussed in 7.1, some respondents called for the Tenant Farming Commissioner to have a greater role in dispute resolution. At present, it is a function of the Tenant Farming Commissioner to prepare codes of practice on matters pertinent to relations between tenants, landlords and agents. The Tenant Farming Commissioner must also inquire into alleged breaches of the codes of practice. A mediation service may, therefore, be used where there are disputes that do not necessarily involve a breach, or for other issues not currently covered by a code of practice.

5. Where not already happening, the Tenant Farming Commissioner should be consulted on matters of land reform and agricultural tenancy legislation. As discussed in 7.1, the issue of the Tenant Farming Commissioners role in legislative change was raised by some respondents. There is no evidence to suggest that the Tenant Farming Commissioner is not consulted on legislative matters. It may offer assurance to stakeholders, however, if this was added as a function of the Tenant Farming Commissioner.