Agricultural tenancies, small landholdings and land management tenancy proposals - strategic environmental assessment: consultation analysis

1. Introduction

This report outlines the results of a consultation held as part of a Strategic Environmental Assessment of agricultural tenancies, small landholdings and land management tenancy proposals held in October-December 2023.

The consultation focused on six topics: Diversification; Agricultural Improvements; Rules of Good Husbandry and Estate Management; Small Landholdings: Diversification; Small Landholdings: Right to Buy; and a new tenancy model.

The consultation asked for views on the impact of these proposals on:

1. Climate factors, Greenhouse Gas emissions and agricultural resilience;

2. Biodiversity, flora and fauna, and;

3. Landscape and the historic environment.

The consultation included 20 questions. In total, it received 12 responses to the online consultation, 5 from individuals (42%) and 7 from organisations (58%). This report outlines the results of the consultation by question.

This report outlines the results of a consultation held in October-December 2023 as part of the Scottish Government’s Strategic Environmental Assessment^[6] of agricultural tenancies, small landholdings and land management tenancy proposals.

1.1 Consultation purpose

The Scottish Government’s Vision for Agriculture outlines a long term vision to transform support for farming and food production in Scotland to become a global leader in sustainable and regenerative agriculture. As outlined in the Agricultural Reform Route Map, the Scottish Government is committed to ensuring that tenant farmers, smallholders, crofters, new entrants and land managers are effectively enabled to exercise their essential role in making this vision a reality.

The Scottish Government is carrying out a Strategic Environmental Assessment of Agricultural Tenancies, Small Landholdings, and Land Management Tenancy Proposals. It wishes to test the proposals and consider opportunities to enhance the environmental impact of the proposals while avoiding or reducing significant adverse effects on the environment. Impact Assessments, including a Strategic Environmental Assessment, are important tools in ensuring the suitability of the policy.

This consultation provided respondents with an opportunity to examine the environmental impact of proposed changes to agricultural tenancies, small landholdings, and the new land management tenancy in the context of this Strategic Environmental Assessment.^[7] These proposals deliver commitments made in the 2021-22 Programme for Government and the Scottish Government and Scottish Green Party’s shared policy programme (2021) to improve the rights of tenant farmers and smallholders, and ensure they are able to access and participate in climate change mitigation and adaptation measures.

Tenant farmers, smallholders and land managers are critical to farming and food production in Scotland. Our proposals have been developed to ensure that tenant farmers and small landholders are supported to meet more of our food needs sustainably and to farm and croft with nature. They will ensure that tenant farmers and small landholders are given greater opportunities to contribute to addressing the twin crises. As part of delivering this commitment, a detailed Environmental Report was also prepared on the proposals.^[8]

1.2 Other consultations

The proposals on modernising tenant farming legislation were consulted on as part of the Agriculture Bill consultation, which was open between August and December 2022. A report on the consultation findings was published in June 2023.^[9] The agricultural tenancy proposals were consulted on as part of the Agriculture Bill consultation, and as part of several in-person and online engagement events which were attended by approximately 600 people.

The consultation on small landholdings modernisation was open between October 2022 and January 2023. A report on the consultation findings was published in June 2023.^[10] As part of this consultation, officials also held a workshop on the Isle of Arran and organised individual meetings with landlords.

The Land Management Tenancy^[11] was consulted on as part of the Land Reform Bill consultation which was open between July and October 2022. A report on the consultation findings was published in June 2023.^[12] This proposed new tenancy model has been subjected to extensive stakeholder engagement with environmental non-governmental organisations (NGOs) and agricultural stakeholders.

All of the tenant farming proposals have been subjected to detailed co-development with the Tenant Farming Advisory Forum which includes a range of industry bodies, including: the Scottish Tenant Farming Association; Scottish Land & Estates; National Farmers Union Scotland; Royal Institution of Chartered Surveyors; Scottish Agricultural Arbiters & Valuers Association; and Agricultural Law Association. These proposals will be brought forward as part of the Land Reform Bill.

As required under 5(4) of the Environmental Assessment (Scotland) Act, the Scottish Government consulted the Strategic Environmental Assessment Consultation Authorities (Nature Scot, Scottish Environmental Protection Agency, and Historic Environment Scotland) who considered the proposals and stated that there is a likelihood of significant environmental effects.^[13]

The Consultation Authorities believed the proposals should be subjected to an eight week consultation to ensure that the environmental impact of the proposals were subjected to detailed examination. This consultation met that requirement. The Consultation Authorities consider that the proposals potentially have significant environmental effects on climate factors, biodiversity, habitats, flora and fauna; although their significance will depend on factors such as location, scale and individual practices. This consultation examined those potential environmental impacts, specifically in terms of:

• Greenhouse Gas emissions;
• Biodiversity, flora and fauna;
• Landscape and the historic environment.

The consultation was accompanied by two Environmental Reports produced by AECOM on behalf of the Scottish Government.^[14] The purpose of these were to:

• Identify, describe, and evaluate the likely significant environmental effects of the proposals and alternative approaches; and
• Provide a perspective on the likely environmental performance of the proposals and key areas for monitoring during its implementation.

1.3 Wider context

The proposals, developed to help Scottish farmers, crofters and land managers, will play a key role in tackling the twin crises of climate change and biodiversity loss, delivering against legally binding commitments set out in the Environment Strategy for Scotland, including to achieve a just transition to net zero by 2045.

The Scottish Agricultural Census June 2021 demonstrates that 22% of our agricultural land is tenanted. The majority of agricultural tenancies are secure 1991 Act agricultural tenancies (3,821). The Census also identified 59 small landholders in Scotland, covering 5,360 acres (2,168 hectares) in total.

1.4 Consultation method

The consultation was open from 12 October to 11 December 2023, and responses could be submitted on Citizen Space, by email or post. In total, it received 12 online responses: 5 from individuals (42%) and 7 from organisations (58%) (see Table 2). All of the responses will be published on Citizen Space.

The consultation included 20 questions, with mainly closed questions followed by an open question, for the respondent to provide a reason for their answer. These responses were added to a coding framework, grouped by respondent type where applicable (‘Yes’, ‘No’, ‘Don’t know’), coded and analysed (see example, Annex 3).

This report outlines the responses to each question by topic, identifying the main points raised by respondents. The consultation had six sections:

• Diversification (for non-agricultural activities)
• Agricultural Improvements
• Rules of Good Husbandry and Estate Management
• Small Landholdings: Diversification (non-cultivated activities)
• Small Landholdings: Right to Buy
• Land Management Tenancy^[15]

The consultation responses were analysed thoroughly and fairly. This consultation report has identifed the key themes emerging from the responses and the arguments behind these. Consultation exercises are self-selecting in nature – people choose to respond, rather than being included as part of a considered sampling strategy. As such, the findings do not reflect the (weight or range of) views within the population as a whole. Any figures quoted give us an indication of what respondents thought, but should not be taken to represent the views of the population as a whole. The opinions/comments may be based on evidence or on respondents’ opinions or perceptions of what's true. Some respondents may have a limited understanding of complex issues. Some respondents answered all questions, with others focusing on specific sections and repeating their answers.

In many sections, respondents expressed their views on the proposals themselves, rather than their impacts in terms of the climate, biodiversity and landscape. It should also be noted that respondents were not always clear on what a question meant, or lacked clarity on the intended impacts of proposals, so were not always able to answer. This indicates that the accessibility and clarity of the consultation questions and accompanying documents could have been improved. Throughout the consultation several respondents made general comments, for example on: the importance of improving food production and resilience in Scotland; and the environmental benefits of dairy sheep farming.