Scotland’s Tenant Farming Commissioner says new approaches are needed to support farmers to plant trees and back Scotland on its net zero journey.

A new briefing paper issued by Scotland’s Tenant Farming Commissioner, Bob McIntosh, has highlighted vital next steps in addressing issues that currently discourage tenant farmers from becoming involved in tree planting.

With publication of the Agricultural Bill expected in the autumn, the paper reflects discussions with landlords and tenants, working together with the Scottish Government to remove barriers to tree planting for tenant farmers.

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The commissioner has highlighted the opportunity for tenant farmers to acquire carbon credits which can be sold or used to offset carbon greenhouse gas emissions from the farming business in addition to the benefits of tree planting on farms, such as provision of shelter, amenity, biodiversity and timber.

However, tenant farmers are at a particular disadvantage due to uncertainty over the implications of current legislation governing compensation arrangements at the end of the tenancy.

Bob McIntosh, Tenant Farming Commissioner, who authored the paper, said: “Woodland expansion and tree planting initiatives need to be made more accessible and attractive to tenant farmers.

“They need to be able to access current and future support measures and be subject to compensation arrangements which are fair to both landlord and tenant.”

The report also highlights the need for better guidance on the creation of tree planting agreements between landlords and tenants and greater clarity on the status and treatment within the legislation of agroforestry.

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Mr McIntosh continued: “The current circumstances mean that tenant farmers are left with no real tree planting incentives, something that, if changed, could have significant benefits in the push for net zero.

The report says tree planting by tenants is “not a common occurrence” and points to a number of barriers including inconsistency between grant scheme rules and the diversification provisions.

Douglas Bell, Scottish Tenant Farmers Association managing director commented. “We fully support the Tenant Farming Commissioner in his goal to remove barriers to tree planting for tenant farmers. Very few of our members have been involved in woodland creation largely due to the disincentives illustrated in Bob McIntosh’s paper.

"With increased tree planting on farms likely to be central to government policy going forward, tenants need to be able to access future support measures on an equal footing to their owner-occupier counterparts, without the risk of falling foul of outdated compensation arrangements. Additionally, we believe that current grant schemes need to be revised to provide further incentive for the creation of small-scale woodlands which are more likely to go ahead on tenanted farms.”

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Scottish Land and Estates legal adviser, Jackie McCreery said: "The Tenant Farming Commissioner’s paper Removing Barriers to Tree Planting by Tenants provides a useful summary of what is already permitted under the legislation, as well as highlighting some of the issues we have been discussing at the Tenant Farming Advisory Forum (TFAF) where the current legislation is perceived to throw up barriers to non-agricultural diversification.

“There are detailed discussions still to be had on many aspects of the legislation, but we are confident that a balance can be struck between different interests so that a fair outcome can be achieved.

“As far as tree planting on tenanted farms is concerned, where a potentially permanent change of land use is being considered, it is clearly necessary in our view to reach an optimal position for all involved - tenant, landlord and the environment itself."