S4M-06845 Land Reform

The Deputy Presiding Officer (John Scott): The next item of business is a debate on motion S4M-06845, in the name of Claire Baker, on land reform.

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15:20

Stewart Stevenson (Banffshire and Buchan Coast) (SNP):

I am delighted that we are debating land reform, and I am delighted that the Labour Party has moved on from many of the positions that it adopted 10 years ago. For example, during consideration of the Agricultural Holdings (Scotland) Bill, the SNP brought forward the idea that a compulsory right to buy might be a good idea, and one of those who voted against it was, strangely enough, Rhoda Grant. That was at stage 2 in committee. John Farquhar Munro joined the SNP members and Mike Rumbles voted against.

I do not mind the Labour Party changing its mind. On the contrary, I welcome the fact that some of the things that I said during the passage of previous legislation have now become even more timely. For example, on 23 January 2003, I said that the Land Reform (Scotland) Bill was timid because it left

“much of Scotland’s land—that held by companies, trusts and enduring partnerships—beyond the reach of the right to buy that is provided under the bill.”—[Official Report, 23 January 2003; c 14465.]

In reality, it is only the relatively small minority of land that is in private ownership that is available to be bought.

I hope that we can explore, through the reform group, what kind of constraints are created by that fact. We do not necessarily have the legislative power here to deal with it but, either through voting yes in 2014 or with the enthusiastic support of a Tory Prime Minister who says that he is willing to help, we might see a way of unpicking the trust law that is far too often—in the whole of the UK, but particularly in Scotland—used to conceal beneficial ownership and prevent legal transfers of land because it is the interest in the trust and not the interest in the land that transfers.

I hope that we will see that there is a coalition of interest—a coalition of the willing—that might pick up the significant challenge that exists with the structure of land ownership. In this place, we have limited powers in the area. We certainly have no powers over company law and we have little power over the way in which trusts operate.

I have previous on this. I moved amendment 207 at stage 3 of the Land Reform (Scotland) Bill on 23 January 2003, which sought to make some provisions to tackle avoidance. In particular, I drew attention to the fact that landlords were scuttling all round the place, taking cover and hiding things so that it would be difficult for us to know what was actually happening. I am afraid that, on that occasion, I was unable to persuade the then Government to support my amendment. Apparently, some of the Tories said in a sedentary intervention that trusts are very good indeed.

Rhoda Grant rightly talked about the Pairc estate. I absolutely share her discontent that part 3 of the 2003 act has, as yet, not delivered a single purchase. I know that the minister will not be able to respond to what is a legal issue that is still in play, but I regret that we have had years and years of legal process that has been deliberately used to thwart community interests. I hope that we will have opportunities to fix that at some time in the future.

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