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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 19 November 2025
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Displaying 2388 contributions

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Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Okay. You have touched on an area that I genuinely do not know about.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

We are trying to establish an agreed approach whereby a croft, tenant or owner-occupier would have to apply to the commission to divide the grazings share from a croft and would have to state a reasonable purpose for doing so. Therefore, we have to trust the commission to regulate that activity and to ensure that the right balance is struck between grazings shares being in the hands of those who will use them and protecting against too many shares being separated from crofts. I understand people’s concerns, because, in the past, the Crofting Commission was not enforcing its duties—I am trying to be polite—and was not deemed to be doing its job appropriately. That is not the position just now. The Crofting Commission is in very good hands at the moment, and people understand that it is doing its job properly to find the right balance for the communities that it works with. That is where we are at the moment.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Would they be able to get a portion of common grazings land?

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Point taken.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Okay. We will take the matter away and have a look at it.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

The bill gives the Crofting Commission two new powers to resolve registered croft boundary problems when all parties are in agreement. Adjustment will be possible in simpler cases in which no land is brought into or out of crofting tenure, and boundary remapping will be possible when more complex boundary changes are sought.

We have taken the concerns about boundary adjustments on board, and officials are in discussion with Registers of Scotland and the Crofting Commission to address them. We acknowledge that it is often important that the title extent, as shown in the land register, aligns with the occupied extent, as shown in the crofting register. The boundary adjustment process will give crofters whose boundaries have become unaligned the option of remedying the position that they find themselves in.

We are looking at various ways of ensuring that the boundary provisions consider the linkage between the two registers. One possible suggestion is that we allow the commission to award provisional consent to a boundary change. That would be subject to the necessary conveyancing, which would amend the title on the land register.

We will address the concerns that have been raised, and we will look to amend the current provision accordingly.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

As I said, we are looking at various ways of addressing the issue. We have listened to the concerns that have been raised, and we are looking at ways of getting this right.

Would you like to add anything, Michael?

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

Yes, because the commission can already enforce duties on those crofts.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

They will have to work with their local community and the Crofting Commission to ensure that they are working for the benefit of the individual crofters as well as for the crofting community.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 1

Meeting date: 12 November 2025

Jim Fairlie

We could get that figure to you. We could ask the Crofting Commission to furnish the committee with it.