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Landowners make last-ditch attempt to influence Land Reform legislation

Lord David Johnstone, chairman of Scottish Land and Estates.
Lord David Johnstone, chairman of Scottish Land and Estates.

The high stakes involved in farm tenancy reform reached a climax this weekend when Scotland’s lairds made a last-ditch attempt to influence the Land Reform (Scotland) Bill that will get its final hearing in parliament on Wednesday.

After almost four years of discussion and lobbying, the 11th hour attempt to persuade the Scottish Government to rethink controversial proposals was made by Lord David Johnstone, chairman of Scottish Land and Estates (SLE).

He wrote to Rural Affairs Secretary Richard Lochhead, urging him to make last-minute changes to the agricultural holdings legislation.

At the core of SLE’s concerns is the proposal to allow secure tenants to sell their tenancies when they want to retire.

In his letter Lord Johnstone appealed to the Government to consider the full implications of their proposals and to “deliver for the sector as a whole rather than simply for a small section of tenants”.

“Our members have been repeatedly told by the Scottish Government that good landowners have nothing to fear from land reform legislation and these proposals in particular,” he said.

“But fearful we are for the future of tenant farming.”

In turn Christopher Nicholson, the chairman of the Scottish Tenant Farmers Association (STFA), urged the Government not to bow to the landowners’ pressure to weaken the assignation provisions in the Bill.

“Contrary to SLE’s views, the proposal allowing tenants to assign their tenancies has been well thought out and strikes a fair balance between the rights of tenants and landlords,” he said.

“Tenants thinking of retiring will now have much more control over how they go about it and a greater chance of getting realistic compensation for their investment in the farm compared to some of the pitiful payouts we have seen in the past.

“There will also be the opportunity to pass the tenancy on to the next generation of farmers giving them the undoubted benefit of secure tenure.

“Landlords, on the other hand will be given every chance to buy their land back at a realistic value, easily offset by the immediate increase in the capital value of the land.”

Mr Nicholson said STFA was confident that assignation of 1991 tenancies would be of long- term benefit to Scottish agriculture by maintaining numbers of secure tenancies and providing access to them for new farmers.

“Landed interests can threaten to withhold land, but very little land has been let out on the open market for over a decade,” he said.

“Recently many landowners have tended to concentrate their efforts on maximising the subsidy regime by taking land back in hand, rather than acting in the public interest by renting land out to stimulate the tenanted sector.”

Lord Johnstone warned in his letter: “We are acutely aware that the Scottish Government does have the parliamentary majority that will ensure its proposals can succeed but we are deeply worried the adverse consequences of these measures will be felt in tenant farming for years to come.”