Rural Affairs Secretary Richard Lochhead has agreed to appoint an independent tenant farming adviser as an interim measure until new legislation paves the way for a tenant farming commissioner with statutory powers.
Only a week ago Holyrood’s Rural Affairs, Climate Change and Environment (RACCE) committee heard all the major stakeholders agree such an appointment would be useful in helping to reach early and inexpensive dispute resolution between landlords and tenants.
There were, however, mixed views last week on whether the tenant farming commissioner should have statutory powers as recommended back in January in the final report from the Agricultural Holdings Legislation Review Group (AHLRG).
NFU Scotland and the Scottish Tenant Farming Association were in favour of statutory powers.
Landowners’ organisation Scottish Land & Estates were willing to consider a statutory code but the Royal Institute of Chartered Surveyors (Rics) and the Scottish Agricultural Arbiters and Valuers Association (Saava) were both opposed.
Now it seems Rics and Saava have been rewarded for their reluctance by being excluded from the orbit of the new adviser
Giving evidence to the same RACCE committee on Wednesday Mr Lochhead confirmed the independent adviser will work with the “three main tenant farming industry bodies”, NFUS, STFA and SL&E.
Although Mr Lochhead did not mention the long-running cross sector Tenant Farming Forum it would seem that Wednesday’s move effectively by-passes it.
The Rural Affairs Secretary, below, said: “A vibrant and healthy tenant farming sector is crucial for the future of Scottish agriculture and food production.
“To achieve this, positive and productive tenant and landlord relationships are key. Significant progress building a constructive approach was made during the Agricultural Holdings Legislation Review.
“We must not lose momentum and go back to the way things were, and industry are keen to have a tenant farming commissioner in post as soon as possible.
“As this will require legislation to be brought forward, I have therefore decided to appoint in the interim an independent advisor on tenant farming, to promote cooperation and find common ground among industry bodies on proposed areas for change in the sector.
“Work is under way to identify a suitable candidate.
“The Scottish Government is still considering how best to take forward the findings of the review, some of which will require legislation.
“Subject to the will of Parliament, I see this independent adviser as a forerunner to a tenant farming commissioner, which was one of the review’s main recommendations.”
NFU Scotland chief executive Scott Walker said: “A tenant farming commissioner with statutory powers is a key component in the reform of Scotland’s agricultural tenancy system.
“A commissioner with the power to intervene, make decisions and have those adhered to by both parties is critical to developing a new partnership between tenants and landowners.
“The new independent adviser on tenant farming, a forerunner to a tenant farming commissioner, to work with NFUS, STFA and SLE, is a step in the right direction.”
David Johnstone, chairman of Scottish Land & Estates, said: “We are very pleased that the Scottish Government is to appoint an independent adviser on tenant farming prior to the creation of a permanent commissioner.
“This is a positive step and one which we hope will help move the sector forward.
“As we said in our evidence to the committee last week, we believe it is in the interests of the industry to have a commissioner appointed as soon as possible.
STFA chairman Christopher Nicholson said: “We are pleased that calls for a tenancy commissioner from all major stakeholders are being heeded.
“There is bound to be uncertainty over the next couple of years until the new reforms become law and it is important that interim measures are put in place to advise and guide the industry as well as keep a watchful eye on what is going on.
“It is also sensible for the embryonic commissioner to work with the three main stakeholders, STFA, NFUS and SL&E, rather than trying to recreate the TFF which included ancillary bodies representing professional advisors.
“After all, it should be those who rent out land and those who rent in land who make the decisions, not their advisors many of whom appear to be totally out of step with the views of the farming industry.
“We are also pleased that the Cabinet Secretary has indicated that the tenant farming commissioner will have statutory powers.”