What the outcome of the consultation on proposals for crofting reform legislation was and what conclusions it has drawn from the consultati…

There were 59 responses to the consultation on the white paper and the great majority were in favour of the bulk of our proposals. There was some dissent on particular proposals and helpful suggestions for improvement of others. In the light of the response I have concluded that the bulk of our proposals are what crofting interests want. With minor adjustment in some cases, I would hope that these will form a firm basis for future legislation. The consultation has, however, indicated that there is strong support for certain additional measures. While it will be for a future administration to decide on the terms and timing of any bill, it is my opinion that new legislation should also provide: That the Crofters Commission should have power to act in place of the landlord to enforce compliance with conditions of tenure provided the landlord does not object.That conditions of tenure should be modified so that unacceptable neglect or misuse of croft land can be dealt with.That a legatee who declines a croft tenancy also declines the value of that tenancy.That land resumed from crofting tenure may, through court action be returned to crofting tenure, if it ceases to be used for the purpose for which it was resumed or is never put to that purpose.That there should be scope to extend the period available to the Crofters Commission to find a tenant for a vacant croft subject to payment of compensation to the landlord for lost rent.That the Register of Crofts should become map based.That where croft boundaries delineated by enclosure of the land have been accepted by the crofter, landlord and neighbouring crofters for more than 20 years these should be treated as the de facto boundary for legal purposes except where there is adequate documentary evidence of a different boundary.That where a property has been registered as croft land for 20 years or more, its status as croft land should become unchallengeable.I have also concluded that the white paper proposals for the creation of new crofts should be modified in the light of concerns that it might lead to a two-tier system of rights for crofters and that the proposal to devolve regulatory decision making to local groups should be dropped.In addition to these changes there is a need to look very carefully at the potential impacts the system of crofting tenure may have on proposals to develop wind farms and other renewable energy projects on croft land. I already see a clear need to find a way of enforcing binding agreements relating to grazings management and to find a simpler and more effective means of resuming land where there is consensus between crofters and their landlord that the land needs to be taken out of crofting tenure. Other measures may also be required to facilitate development on common grazings. Decisions about further consultation and the timing of legislation will be a matter for a future administration after the election. However, it has been the intention of the Executive that there should be further consultation on a draft bill before a bill is finally introduced to Parliament.