The Scottish Crofting Federation has been left disappointed by the crofting consultation, that closed this week.

While the draft proposals for crofting law reform include some minor, long-overdue adjustments, the SCF says they do not substantially address the most pressing problems the current system faces.

A SCF spokesman said: “It has taken the Scottish Government 10 years from the crofting consultation of 2015, to now consult on a Bill that will tackle only a small set of relatively minor issues.

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“Some of the suggestions are to be welcomed, such as the proposal on expanding parties who can report a breach of duties, the changes that strengthen decrofting considerations, impose regulatory sanctions on those who are in breach, and the power to revoke approvals if conditions are not met.

“However, the real issues detrimentally affecting crofting and crofters remain largely untouched.”

SCF chair Jonathan Hedges said: “This Bill does not contain proposals that address the big issues: high croft prices, very few new crofts, lack of croft housing, low investment in croft businesses, or lack of clarity on ownership of natural asset rights. Nor does it provide the levers and resources needed to produce consistently better outcomes for crofters and crofting communities as they adapt to an increasingly unequal economy and deteriorating climate.”

The federation believes the present consultation also includes some proposals that are potentially damaging to crofting and crofting communities. While the introduction of joint tenancies will not significantly address the problem of escalating prices for crofts and croft tenancies, the proposal on introducing standard securities to attract commercial loans could make things even worse, reinforcing market dynamics and further increasing the cost of entry. This means that accessing croft land will become even more difficult for young people.

The spokesman continued: “Further, the proposal suggests that the Crofting Commission should no longer scrutinise individual croft assignations in most cases. Instead, it is suggested that the Commission will only do spot-checks after two years to assess whether those to whom the croft had been assigned are effectively living in the area and working the croft. Meanwhile, no further scrutiny is applied to owner-occupiers as to whether they intend to fulfil their crofting duties.

“There is a risk that even more crofts will be handed over to absentees with no real intention of being part of the crofting community.”

Jonathan Hedges continued: “SCF remains committed to working with MSPs and Scottish Government staff to ensure that the useful elements of the planned Bill can pass into law before the end of the current parliamentary session in 2026. However, we are concerned that further reform will simply be kicked into the long grass once the Bill has passed. We cannot wait for another 10 years to tackle the bigger crofting issues that this Bill steps around and which become more urgent every day.”

However, the Scottish Land Commission has also responded to the Scottish Government’s consultation on crofting reform, highlighting the opportunity to further develop crofting as a key component of Scotland’s land reform programme.

The Commission has welcomed the consultation, which proposes updates to the Crofting Act, emphasising crofting’s vital role in diversifying land ownership and supporting the government’s broader objectives for land ownership and use in Scotland.

The response from the Commission recognises that while the current consultation is focused on short-term improvements in crofting regulation and administration, which it is supportive of, there is potential for wider reforms to crofting to unlock further opportunities including access to small-scale land opportunities and affordable housing as well as supporting rural re-population.