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Community Land Scotland

Annual Conference

7th – 8

th June 2013

Sabhal Mòr Ostaig, Skye

Community Land Ownership – A Fairer Future

Conference Report

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1. Introduction

The third Community Land Scotland annual conference was held at Sabal Mòr Ostaig, Skye

on the 7th – 8th June 2013. 120 delegates attended over the two days, which included

presentations, workshops, a panel debate, the opportunity of two site visits and plenty of

time for networking.

See Appendix A for the full conference programme.

The following report provides an overview of the conference content. Some full speeches are

included as appendices and are also available to download from the Community Land

Scotland website: www.communitylandscotland.co.uk (under Events).

2. Welcome

Following a welcome from Community Land Scotland Policy Director, Peter Peacock, Chair

of Community Land Scotland, David Cameron, addressed the conference and introduced

First Minister, Alex Salmond as the keynote speaker.

Cameron reflected on the successes of communities in Scotland which have taken

ownership of their land, what we have learnt from these communities and the need for

building on what has been learnt. Cameron noted the potential for community ownership to

span beyond the Highlands and Islands, the need for political will and strengthened

legislation to enable the community land ownership movement in Scotland to progress and

welcomed the radical and wide remit of the land reform review group.

See Appendix B for a copy of Cameron’s speech.

3. Opening Address; Rt. Hon. Alex Salmond MSP, First Minister of Scotland

Noting our “huge opportunity to shape a stronger and better relationship between our land

and our people”, Salmond announced a further three million pounds to be allocated to the

Scottish Land Fund and set a target of one million acres into community ownership in

Scotland by 2020.

See Appendix C for a full transcript of the First Minister’s opening address. See Appendix E

for summaries of and responses to the First Minister’s address.

There was opportunity for questions following this address. Questions related to land value

tax, the place for tenant farmers in the scope of the land reform review and the dual role of

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4. Workshops

Delegates were given the option of attending two of five workshops. Workshop choices were

gathered prior to the conference and to cope with higher demand for workshops 2 and 3,

both of these workshops ran three times while workshops 1 and 4 ran only once. Workshop

5 ran twice. Summaries of the five workshops follows;

4.1 Workshop 1 – Aspiring community landowners, pre-purchase issues

This workshop ran once, facilitated by John Hutchison & Helen MacDougall.

Fourteen attended the workshop which was primarily designed to allow aspiring community

landowners to exchange experiences.

Helen MacDougall outlined the range of steps that might be encountered during acquisition

and clarified when support from the Community Assets Team might be possible. These were

community consultation; options appraisals; business planning; valuations and

negotiations. Discussion centred on some of the more complex situations that had been and

were being experienced by those attending.

4.2 Workshop 2 – Land Reform and Community Empowerment and Renewal Bill, current

issues

This workshop ran three times, facilitated by Peter Peacock & Alasdair McKinlay, and John

Hutchison & Heather Holmes.

The workshop was well attended at three separate sessions and explored where the

Scottish Government timetable and process was in relation to the forthcoming Community

Empowerment and Renewal Bill, and what might be the range of issues it might seek to

make legislative progress on. Alistair McKinlay, the lead official in the Scottish Government

for the Bill, was present for two of the workshops to explain progress and explore issues with

delegates.

The workshop also explored progress on land reform in light of the recently published interim

report of the Land Reform Review Group and what Community Land Scotland now proposed

to do in order to pursue its priorities and push the case for land reform.

There was wide-ranging discussion around both issues.

In the additional workshop, Heather Holmes gave an update on the current stage of the

CERB although, being under revision, needed to avoid specific detail. It was noted that

Scottish Power and SSE, among others. In answer to a question

about inflated prices on forestry land because of ‘super-rich tax

dodgers’ taking advantage of the lack of corporation tax, Salmond

acknowledged the point and agreed there is a need to explore the

valuation of forestry land through the legislative process. To a

question regarding delays to the proposed interconnector grid link

to the mainland, Salmond noted that the matter was currently

being considered, and he was hopeful for an early conclusion to

the issue.

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those involved were watching the progress of the Land Reform Review Group with interest,

there being clear overlaps and an expectation of compatibility.

John Hutchison summarised the Community Land Scotland submission to the LRRG,

emphasising support for an absolute right to buy and the establishment of a ‘land

agency’. CLS would commission further detailed work on these latter points and offer draft

clauses for any Bill. CLS would also undertake some further work, to draw from international

obligations on human, economic and social rights for people as far as they affect

communities and land.

Discussion centred on the apparent narrowing of the LRRG’s remit, anticipating any potential

implications therefor, from the First Minister’s speech earlier in the afternoon.

4.3 Workshop 3 – Renewable Energy Development, current issues

This workshop ran three times, facilitated by Lorne MacLeod & Nicholas Gubbins, and Ian

Hepburn & Rab Lees.

The objectives of the workshop were:

Update on current issues in renewable energy

Knowledge exchange

Key areas where Community Land Scotland should undertake lobbying or strategic policy work

The main issues to arise were:

Lobby for WI interconnector Need for improved grid infrastructure

Possibility of developing 'localised' grids which will allow projects access to the grid quicker

Need for more lobbying by Community Land Scotland and Community Energy Scotland on strategic issues on renewable energy - community renewable energy projects need a stronger voice

Lack of bank funding now available for projects - consider revolving loan fund to be sourced from income from community renewable projects already operational

Try to release crofting land for renewable energy projects - common grazing lands underutilised in this regard.

Ensure that community benefit schemes become standard with marine renewable projects, as developers are presently resisting such proposals

Arrange meeting with Crown Estate to discuss how communities might source leases for marine renewable projects

Need for communities to be watchful regarding forthcoming Crown Estate seabed lease bidding round in September 2013

Concern at dual role of 'grid managers' & 'developers' of Scottish Power and SSE in Scotland - potential conflict of interest - need for greater transparency and openness

The new Westminster DECC bill that is setting out the definition of a Community Feed In Tariff but which specifically excludes Companies Limited by Guarantee from the Tariff even though the vast majority of charities and community companies in Scotland have this status and in fact it is the preferred status for groups exercising the right to buy.

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Powerpoint slides used in this workshop are available on the Community Land Scotland website: www.communitylandscotland.org.uk – under “Events”

4.4 Workshop 4 – Funding your forestry purchase

This workshop ran once, facilitated by Ian Hepburn & Charles Dixon-Spain

The three key issues which arose from this workshop were;

1. The need for any innovative purchase funding solutions to be viewed in context by the Scottish Government, Scottish Land Fund and Forestry omission Scotland as every piece of woodland presents different challenges and opportunities and that it would be wrong to work on the assumption for example that the Colintraive and Glendaruel solution is a general solution whereas it was in fact a very specific one.

2. State aid, how the current situation developed and the need to maintain pressure on the Scottish Government to either obtain a derogation from the EU for community purchases or the structure the next European development fund in a manner that exempts community purchases.

3. The use of open market price in the transfer of Government assets and why will the

government not adopt the same policy as Local Authorities around community discounts when setting prices.

4.5 Workshop 5 – Funding your post-purchase development incl. SRDP proposals

This workshop ran twice, facilitated by Iain MacIver & Duncan Macpherson.

Both sessions had a good mix of established, new and aspiring community groups along

with agency and funding body representatives. Topics discussed are noted below;

- The value of local commitment and voluntary effort was recognised.

- The importance of careful assessment and evaluation of options highlighted.

- Management of planned succession good aid to proper stewardship and

sustainability of community groups.

- Access to revenue support often key aid to developing ideas/potential.

- Importance of lottery funding reinforced particularly in relation to revenue aid

opportunities geared towards developing ideas and strengthening groups’ ability to

develop its assets.

- Importance of continued Local Government/local agency supports to help and

maintain the wave of enthusiasm and momentum which ownership of its land instils

in a community.

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5. Closing Address; Jane McDermott, Sleat Community Trust

Jane McDermott of Sleat Community Trust, one of Community Land Scotland members

hosting the conference, closed the first day with an overview of the Trust. Building on

their strapline ‘Today, Tomorrow, Together’, McDermott covered where the Trust see

themselves today – giving details on their filling station/shop and forest, both under

community ownership. She talked about ‘tomorrow’, looking at how they are looking to

expand as opportunities arise in land acquisition to secure future income and

sustainability, finally reflecting on the importance of working together and learning from

one another.

Jane McDermott: “The biggest asset a community has is its people”

6. Community Land Scotland AGM

Community Land Scotland’s second AGM was held and was attended by representatives

from 22 Community Land Scotland member organisations.

Lorne Macleod was thanked for his contribution to Community Land Scotland as he stepped

down from the board of directors while Angus Robertson was welcomed on to the board.

Full minutes from the AGM can be found on the Community Land Scotland website:

www.communitylandscotland.co.uk (under AGM minutes).

7. Conference Dinner

Sabhal Mòr Ostaig provided an excellent conference dinner, funded by The Highland

Council.

A bottle of Poit Dhubh whisky signed by First Minister, Alex Salmond (kindly donated by

Pràban na Linne Ltd.) was raffled at the conference dinner, raising £661.68 for Community

Land Scotland. Community Land Scotland thanks all delegates for their generosity.

8. Saturday Welcome Address; Susan Walker, Camuscross & Duisdale Initiative

Susan Walker from the Camuscross and Duisdale Initiative, one of Community Land

Scotland members hosting the conference, opened the second day providing an insight into

the development of the Initiative and the work of the community. She noted their vision to

develop and support social, cultural, economic and environmental initiatives and to create a

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resilient, sustainable community. Walker highlighted their communal land management

projects, affordable housing sites, local food project “Grow to Eat” and “Crofting Olympics”

community event. She also talked about the potential for a hydro scheme, should funding

become available. Walker finished by reflecting on the unrealised potential for Grazing

Committees for shared community & grazing shareholder projects, renewable energy,

carbon storage, affordable housing and community facilities. She noted the need to

recognise the importance of Common Grazings and Grazing Committees, and for these to

be nurtured.

“Crofting Olympics” – Camuscross and Duisdale Initiative

9. Land Reform Review Group – Dr. Alison Elliot, Chair, Land Reform Review Group

Alison Elliot addressed the conference with a speech entitled “Radical Land Reform – a

personal view”. See Appendix D for a copy of this speech. See also Appendix E for

summaries of and responses to this speech.

The opportunity for questions followed. Questions focused on the remit of the LRRG,

particularly with regard to its focus on opportunities for community ownership over

opportunities for ownership of land by individuals. The point was made by one delegate that

an individual could make important contributions to community benefit if able to access land

in modest quantities, noting that the continuum between community ownership and private

estate ownership should be considered. Another delegate commented on land tenure’s

fundamental link to land reform, noting the need for a greater examination of land tenure in

Scotland. To this set of questions, Elliot responded that there are a variety of ways of

approaching land reform and that the LRRG believes that at the present point in time what

the land reform agenda in Scotland needs is for the notion of community engagement in the

land to be furthered and deepened, but that this is not the last word on the matter and not

everything can be done at the same time.

Further questions asked about whether the LRRG had met with landowners who were not

working well with their communities, about the charitable status of trusts with ownership of

land which are not involved in the community, about the length of the process of the

proposed land agency (or other mechanism for enabling compulsory right to buy) and

commenting on disengagement in communities living on land owned by private estates

reflecting the fact that the people do not own the land or have control over decision making

processes.

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In response, Elliot noted that while the LRRG had only met landowners who had invited

them – thus with a positive story to tell – they did hear from some communities who thought

their relationship with the landowner was poor. She noted the importance of recognising the

approach that landowners are taking in engaging with communities and that understanding

that engagement from the community’s point of view is one of the issues which one of the six

new work streams of the LRRG will be picking up on. She noted that the proposed land

agency is new legal territory and that the length of the process will depend on the demand of

the legal side of things. She noted that planning and decision making processes need to be

opened up so that people can be involved early on, and that this is something which will be

picked up on by one of the work streams.

10. Topical Issues/Policy Update; Peter Peacock, Policy Director, Community Land Scotland

The opportunity for questions and comments followed. The momentum and political

influence of Community Land Scotland was observed, with the question of how to gear up

and increase staff resources. Peacock’s response noted the danger of building a large

central resource which has to then be maintained, he noted the conscious decision of

Community Land Scotland to keep ‘lean and mean’ – thus far buying in expertise from time

to time, rather than building a staff resource; he noted that both approaches need to be

funded, and that this is a struggle.

A further question related to Community Land Scotland’s part in influencing the Scottish

Government’s Scottish Rural Development Programme (SRDP). Peacock noted that SCVO

will be representing some Community Land Scotland interests at this level, noting also that

Community Land Scotland do not want to put influencing the SRDP off the agenda but that

they have to think carefully about how much time can be devoted to it. Peacock noted the

huge amount of expertise in the room, and throughout the membership, covering a wide

range of sectors. He invited anyone able to volunteer time for helping form the thinking that

needs to go into these reviews to do so.

One delegate commented on everyone’s responsibility to ensure that the right systems and

structures are put in place as we move forward. This point was made particularly with regard

to local development strategies which the Scottish Government will be looking for in

response to a European focus on community led local development. It was noted that this is

something for everyone, not just Community Land Scotland, to be doing.

Peter Peacock gave an update of the work being done by Community Land Scotland. He gave a brief summary of their work on state aid and dialogue with the Crown Estate – with the view that every community owner adjacent to foreshore should own that foreshore automatically. He noted their substantial submissions to the Community Empowerment and Renewal Bill and to the Land Reform Review Group and a continuing engagement in these areas. Looking forwards, he noted Community Land Scotland’s approach to their work in the wider context of human rights and noted that Community Land Scotland will be getting involved in a rural development programme.

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Following from this Angela Williams, Vice Chair of Community Land Scotland, noted that it

would be helpful for those attending meetings or seminars on behalf of individual community

groups to also look at these from a Community Land Scotland perspective and let

Community Land Scotland know if there is anything which would be relevant to the rest of

the membership.

Finally, the conference was asked if it was happy with the direction that Community Land Scotland is going in, to a positive response.

11. Panel debate – Community Land Ownership - What’s Next? The panel debate was chaired by Agnes Rennie, Chair of Urras Oighreachd Ghabhsainn and included Professor Alan Miller, Chair of Scottish Human Rights Commission, Dr. John Watt, Chair of Scottish Land Fund, Andy Wightman, writer and researcher on land rights and land reform and Angela Williams, Vice Chair of Community Land Scotland. Community Land Scotland was congratulated by the panellists for providing the opportunity for such a forum and for the progress and political achievements which have been made in its short existence. In his opening presentation Professor Miller made the case for why “human rights should not be seen as an inhibitor, but as an impetus for land reform”. He noted that the European Convention of Human Rights (only one part of the human rights framework) should not be regarded as stopping further discussion on land reform, rather that it provides a framework in which a balance must be struck between individual rights and public interest.

Miller focused then on human rights as an impetus; in terms of how the values of human

rights relate to land reform, and how international human rights dimensions can be of

assistance to the movement towards land reform in Scotland.

He commented on the UN’s ‘PANEL’ approach to development; Participation, Accountability,

Non-discrimination, Empowerment & Legality. Focusing on the latter two, he noted that with

regard to land and development, the problem comes with the imbalance of power and where

the power lies; the need for empowerment of those who are disempowered is a central

preoccupation of human rights.

Miller made reference to the Land Agency, proposed by Community Land Scotland in their

submission to the Land Reform Review Group, as being in line with a human rights based

approach; setting the context in which power is shifted and levelling the playing field so that

genuine engagement can take place.

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Miller moved on to discuss the place of land reform in the context of the International

Covenant of Economic, Social and Cultural Rights, including such rights as the right to an

adequate standard of living, to adequate housing, to the highest attainable standard of

health (etc.) and placing an obligation on a state to ensure that it uses the maximum

available resources for the progressive realisation of these rights.

Miller closed by highlighting two key steps for Scotland to take with regard to human rights.

Firstly noting the launch of Scotland’s first National Action Plan for Human Rights which is to

take place on 10th December 2013 (International Human Rights Day). This will identify a

roadmap for the progressive realisation of internationally recognised human rights. Miller

noted Community Land Scotland’s submission to this plan, and that the question of land

reform should sit well within it. Secondly, Miller noted the need for Scotland, irrespective of

the outcome of the referendum, to incorporate these economic, social and cultural rights that

exist internationally into domestic law so that individuals and communities are able to

enforce these rights – thus carrying clear benefit in bringing forward the need for land

reform.

The discussion which followed focused on the relationship between community trusts and

individual land users and the role of community trusts in the promotion of land reform and

land re-structuring, as well as the need for more power, fiscal freedom and autonomy to local

authorities.

How environmental imperatives fit in with the question of land reform and the importance of

showing how communities can adapt towards the impacts of climate change was also

discussed, as well as the relationship between land, culture and language. It was also noted

that community organisations can be guilty of taking their own, and others’, achievements for

granted and that there is a need to celebrate these stories and get them out to the rest of

Scotland/Europe.

12. Acknowledgements; David Cameron, Chair, Community Land Scotland

David Cameron acknowledged the contributions of Carnegie UK Trust, The Highland Council

and Highland and Islands Enterprise, as well as the work of individuals, which made the

conference possible. He thanked Sabhal Mòr Ostaig for such a fine venue, Sleat Community

Trust and Camuscross & Duisdale Initiative for their help as local hosts and all delegates for

for their part in creating an inspiring couple of days.

He also noted the launch of the Community Land Scotland photography competition, now

open until 30th November 2013 to capture images of Community Land Scotland’s member

areas1.

1 See here for further details: www.communitylandscotland.co.uk/index.php/home/62

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13. Closing; Martyn Evans, Carnegie UK Trust / Professor Boyd Robertson,

Principal, Sabhal Mòr Ostaig

The conference was closed with the handover of a collection of photographs, taken by

photographer Cailean Maclean2, from Martyn Evans of Carnegie UK Trust to Professor Boyd

Robertson, Principal of Sabhal Mòr Ostaig. The photographs were commissioned by

Carnegie UK to be used in the book by Professor James Hunter, launched at Community

Land Scotland’s 2012 Annual Conference, “From the Low Tide of the Sea to the Highest

Mountain Top”. These photographs, which record the people who have been leading the

way to community land ownership in Scotland, and the places where it is happening, were

donated by Carnegie UK to Sabhal Mòr Ostaig. An exhibition of a selection of the

photographs was on display throughout the conference.

14. Site visits

Following the closing of the conference, delegates had the opportunity to attend two site visits in the Sleat peninsula; a tour of the Sleat Trading facility (petrol station/post office/shop/garage) with a presentation on the governance, funding and projects of the Trust led by Angus Robertson, Manager of Sleat Community Trust; and a tour of Tormore Community Forest with a presentation on the National Forest Land Scheme application process and the purchase of forest, forest enterprise and future plans led by Chris Marsh, Forester for Sleat Community Trust.

Sleat Trading Facility Tormore Community Forest

2 www.skye-media.com

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Appendix A – Conference Programme

Dihaoine 7th an t-Ògmhios 2013

Friday 7th June 2013 Fringe event from 10.30 – incl. stalls from Harper Macleod LLP, Community Assets,

Scottish Government (CRTB), Community Assets Team, HIE, Carnegie UK Trust, Big Lottery Fund, Community Energy Scotland, Campbell Stewart MacLennan & Co, Chartered

Accountants, Planning Aid. 11.15 - Planning Aid meeting Registration at Sabhal Mòr Ostaig from 11.30 onwards - buffet lunch available from 12.00

1.40: Welcome incl. introduction to workshops from Peter Peacock, Policy Director,

Community Land Scotland

1.55: Introduction from Chair for afternoon - David Cameron, Chair, Community Land

Scotland

2.00: Opening Day Address – Rt. Hon. Alex Salmond MSP, First Minister of Scotland

2.45: Workshops

2.45 – 3.30 and 4.15 – 5.00 - Attend two of five workshops, as allocated

Workshop 1 – Aspiring community landowners, pre-purchase issues (John Hutchison/Helen

MacDougall)

Workshop 2 – Land Reform and Community Empowerment and Renewal Bill, current

issues – (Peter Peacock/Alasdair McKinlay), (John Hutchison/Dr.Heather Holmes)

Workshop 3 – Renewable Energy Development, current issues (Lorne MacLeod/Nicholas

Gubbins), (Ian Hepburn/Rab Lees)

Workshop 4 – Funding your forestry purchase (Ian Hepburn/Charles Dixon-Spain)

Workshop 5 – Funding your post-purchase development incl. SRDP proposals (Iain

MacIver/Duncan Macpherson)

3.30: Break for tea/coffee (possible group photo-opportunity)

4.15: 2nd Workshop

5.00: Close of day – Jane McDermott, Sleat Community Trust

5.15: Community Land Scotland AGM

7.00 for 7.30: Conference Dinner:

Welcome - Cllr. George Farlow, Vice Chair of Planning & Development, Highland Council

Grace - Duncan MacPherson, West Harris Trust

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Disathairne 8mh an t-Ògmhios 2013

Saturday 8th June 2013

9.15: Morning chaired by Angela Williams, Vice Chair, Community Land Scotland

9.20: Welcome – Susan Walker, Camuscross and Duisdale Initiative

9.30: Land Reform Review Group – Dr. Alison Elliot, Chair, Land Reform Review Group

Opportunity for Questions

10.15: Topical Issues/Policy Update – Peter Peacock

A policy update on work being undertaken by Community Land Scotland, and an opportunity

for delegates to bring forward, discuss and seek solutions on various topics

Opportunity for Questions

11.00: Break for tea/coffee (possible group photo-opportunity)

11.45: Panel debate – Community Land Ownership - What’s Next?

Chaired by Agnes Rennie, Chair, Urras Oighreachd Ghabhsainn

Professor Alan Miller, Chair, Scottish Human Rights Commission

Dr. John Watt, Chair, Scottish Land Fund

Andy Wightman, writer and researcher on land rights and land reform

Angela Williams, Vice Chair, Community Land Scotland

12.45: Acknowledgements – David Cameron, Chair, Community Land Scotland

12.50: Closing – Martyn Evans, Carnegie UK Trust: including handover ceremony of

Cailean MacLean photographs to Professor Boyd Robertson, Principal, Sabhal Mòr Ostaig

Followed by Lunch

2.00: Optional site visits in Sleat peninsula:

(switchover at approx. 3.00pm)

- (A) Tour of Sleat Trading facility (petrol station/post office/shop/garage) with presentation

on the governance/funding/projects of the Trust led by Angus Robertson - Trust Manager

- (B) Tour of Tormore Community Forest with talk on NFLS application process/purchase of forest/forest enterprise and future plans led by Chris Marsh – Trust Forester

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Appendix B – Introduction to the First Minister, David Cameron, Chair, Community Land Scotland 07/06/2013 Feasgar math a chardeain agus failte, failte do’n Eilean Sgitheanach

First Minister, ladies and gentlemen it is my great pleasure to welcome you all to this our

third annual conference.

It is a particular pleasure to welcome you all to this wonderful place, Sabhal Mor Ostaig, for

which I know you, First Minister, like many before you, have developed a real affection and a

respect for the significant contribution this place makes to Scottish life.

First Minister, I have lived all my life in this part of the world. It is a place characterised by its

physical beauty and the depth and richness of its culture. It is also a part of the world that

has struggled against many odds for generation after generation. Right at the centre of that

struggle has been the question of land.

I was reminded only a couple of weeks ago about the intensity of this struggle when I

attended the unveiling of a memorial, An Suileachan, to those involved in the land raids at

Bhaltos on the West Coast of Lewis, but it could equally have been in Knoydart or Braes, or

a host of other places not so very far from here.

Even after those struggles and despite the progress they brought, in my lifetime I have seen

the population of the island on which I live, Harris, fall from 4000 to 2000 in between 1951

and 2001 and opportunities for youngsters over that time decline dramatically. I have lived

through times when a sustainable economic future was a pretty bleak prospect.

But, over the past few years I have seen some remarkable and positive change.

On Community owned land I see

houses are being renovated and new homes built

energy is being generated for domestic consumption and export

forest crofts are being created

trees planted and harvested

workspace is being created

people returning

school rolls increasing

and much, much more

all this through the energy of people, released through the ownership of their land.

These days we now do things more by consensual routes, but none the less the successful

progress made in recent times via community ownership has benefitted by being

underpinned by the law.

We now understand, from practical experience, where the Land Reform Act of 2003 is best,

and where it needs further reform if it is to serve more communities.

That is why we so warmly welcomed the review of land reform you announced when here in

Skye last year.

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That review was not to debate whether land reform was of potential benefit, but to find ways

to take it further forward, building on what we have all learned.

First Minister, we are honoured to have you here today. Your presence is a clear symbol of

the interest your government has in the early success and future potential of community

ownership of land.

That potential is not limited to the Highlands and Islands. It has a relevance to all of

Scotland, rural and urban, and we would like to see the opportunity now being enjoyed by

many communities represented in this room today being enjoyed by many others.

Today we have in place many of the building blocks to support that possibility when

communities themselves have the will to move forward. Your government re-created the

Land Fund, and a continuing Land Fund will remain a vital part of what will allow more

communities to reinvigorate themselves.

Just as important is the professional support to communities facilitated by the likes of HIE

and the Big Lottery.

But in our view the law needs strengthened too, to give people greater opportunities to grasp

a better future. We have set out to the Land Reform Review Group how this might be

achieved and we are pleased they will look at those ideas in more detail.

In the final analysis however, as you know only too well First Minister, a political will is

needed to deliver real change, change that many will find uncomfortable.

Scotland has probably the most anachronistic land ownership patterns anywhere in Europe

and the effects of that ownership, which vests so much power in so few hands, can

materially, and in our view adversely, affect the futures of large numbers of Scots. We are

clear that our vast land resources can be made to work better for Scotland’s people.

This is not a question of seeking change to alter some European land ownership league

table for appearances sake, this is a question of seeking change to make material

differences to peoples opportunities and futures.

First Minister, we were encouraged by your words at the launch of the land reform review

and the wide remit you gave that review.

Your recognition of the need for potentially radical action was particularly welcome and we

are now looking to your government to secure the changes that will give rise to more people

being able to take the economic stake in the land that can drive progress for them and for

Scotland.

First Minister we look forward to what you have to say.

Ladies and gentlemen please welcome the Scotland’s First Minister, the Right Honourable

Alex Salmond MSP.

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Appendix C – Transcript: Keynote Address, First Minister, Alex Salmond 07/06/2013 (transcribed from recording by Community Land Scotland)

Feasgar math agus failte. Ladies and gentlemen it’s taken six years, a constant effort from the principal of this college, assisted by Donnie Munro to get my pronunciation to that level. It’s a tribute, not to me, but to their expertise. I have to say, delighted though I am, honoured though I am, to be addressing this Community Land Scotland conference, we’re speaking here at Sabhal Mòr on its fortieth anniversary year, I did have a moment’s hesitation the other day when I found out I was to be introduced by David Cameron. And then I thought to myself – the revolution of land ownership in Scotland has reached the unexpected parts of the political spectrum. But then of course, as David said he may be slightly older but certainly a lot wiser than his namesake so I am delighted to be here. When Sabhal Mòr Ostaig was being established forty years ago, Sorley Maclean, who was a

member of the first board, set out his hopes for the college in the poem “A Waxing Moon

Above Sleat”. He contrasts the castle’s bear cairn and the weak dead ramparts with the

herbs and flowers of aspirations about the sunbeam of the Gael’s hope, about its old and

new walls, may good fortune and success be with the great work. And so the great work of

this college has met with fortune and success over these last four decades. This is one of

Scotland’s most inspiring institutions, it’s an integral part of course of the University of the

Highlands and Islands - in itself a remarkable and great achievement. It contributes to the

preservation of the renewal of Gaelic, it has made the Sleat peninsula more prosperous,

more populated and more successful. Immediately after I speak at the conference today, I’m

going to cut the first turf of the phase of the Kilbeag Village Development Project. That

project will ultimately create the first new village to be built in Skye for more than one

hundred years. It is the clearest possible evidence of the potential, over time, for the

repopulation and renewal of rural Scotland.

Now, it’s worth remembering in 1973, the Sabhal Mòr, the great barn, was a semi derelict set

of farm steadings. The steadings belonged to one of the farms established during the 19th

century which had taken the place of communities which had emptied during the course of

the clearances. And family after family would have past these steadings heading for ships to

take them to a new life overseas, and the contrast with the current vibrancy of Sleat

demonstrated by that new village would have seemed almost inconceivable at that time. It

would have seemed equally unlikely in 1883 that the pier in the north west of Skye, where

the Royal Navy landed to rest the Glendale crofters, who had protested of course on the

restoration of grazing rights, would one day be owned as a community asset, but following

Wednesday’s very welcome sale of the pier, for a pound, by Highland Council to Glendale

Community Trust that is exactly the current position. So this is a fitting venue and a very

fitting time for a conference of Community Land Scotland, an organisation of course

dedicated to enabling communities to empower themselves, to prosper, and to learn from

each other’s successes. The communities represented here now own around half a million

acres of land in Scotland. That is a magnificent achievement on the part of each and every

organisation here represented. That in itself is a change in the land ownership pattern, but of

course the accomplishment goes a great deal deeper than that. Communities like Knoydart

have shown that depopulation can be reversed, businesses created, homes built in localities

where these things for far too long were believed to be simply impossible. The organisations

represented here demonstrated that wind power and other resources can be harnessed for

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local purposes. You have proven that previously loss making estates can actually be run at a

profit, and not just a profit, but a community profit. You have shown by embarking on

projects such as the woodland restoration that communities are just as capable as any

outside body, indeed more capable, of sustaining and enhancing the environment. A lot of

that can’t be readily measured, but some of it can; the 160 kilowatt output of Eigg’s unique

island grid, 2.5 million of revenue expected from the Loch Carnan wind farm in South Uist,

the homes built and refurbished in Gigha, the 50% increase in population there, in Gigha.

But underpinning all of these developments is something more intangible, and that is the

boost to collective self confidence that communities derive from getting ownership of their

own land and taking charge of their own destiny.

Today I was over opening the new marine harvest salmon hatchery and I met Lady Ross of

Marnock, the widow of the late Willie Ross, secretary of state of Scotland in the 1960s and

he was secretary of state, he first moved in to Bute House and a very formidable secretary of

state he was. In Bute House drawing room, I’ve got a portrait of another secretary of state,

and that is Tom Johnston, who was secretary of state during the second world war. Tom

Johnston is there for a number of reasons; he passed the legislation of course in 1943 which

led to the establishment of the north of Scotland hydroelectric board. After the war, he

effectively appointed himself the second chairman of the hydroelectric board. I’m not

absolutely certain what the great newspapers of this realm would have made of the idea of a

secretary of state or a First Minister effectively appointing himself but nonetheless if we

judge what happens in terms of practical achievement as opposed to process then Tom

Johnston’s effective appointment of himself as the second chairman of the hydroelectric

board was one of the most significant, lifesaving things that happened to the highlands of

Scotland.

You can make the argument that Tom Johnston did more than any other individual in the

twentieth century to arrest the depopulation of the highlands. In 1945 fewer than half of the

homes in the highlands had access to electricity. By 1959, when he stood down as chair of

the hydro board, that proportion had increased to over 90%. And nobody, when Tom

Johnston took over chairmanship, least of all his immediate predecessor as chairman who

was overcome by the entrenched opposition to the hydroelectric schemes - which was the

reason for him stepping down - nobody believed that such a transformation would be

possible over that period of time.

Tom Johnston, as a young man, was the editor of Forward, the independent Labour Party

magazine, and he wrote a series of articles, which then became a best seller. It was entitled

“Our Scots, Noble Families” – the title, and the book of course, was iconic. It was basically a

catalogue of misdeeds. Johnston argued that the Scottish nobilities title deeds are rapine,

murder, massacre or cheating. And basically Johnston went through the noble families of

Scotland, almost one by one, and explained how they’d depopulated the land, expropriated

the people, engaged in the clearances, and of course, because he was a formidable home

ruler, sold the nation in every single year, from 1707. When he became secretary of state in

the wartime, he did it on agreement with Churchill that his writ would run in Scotland.

Churchill, who was by no means the greatest devolver in history kept that promise for about

a week. Johnson then had to find another mechanism to come to terms with the Prime

Minister. And so what he did was he said to Churchill that he would form a council of state,

and the agreement was that if Johnston got the support of the council of state, which was to

be composed of every surviving former secretary of state for Scotland then Churchill would

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not gain say a Johnston proposal for Scotland. If on the other hand, if Johnson couldn’t

command the support of the council of state then he wouldn’t push forward a proposal

against Churchill’s agreement, and that was the agreement they came to, and to be fair the

Churchill, by and large, on the whole, that agreement was kept. And out of that agreement

indecently came the legislation to establish the hydroelectric board and the potentiary

powers that came with it in 1943. There was obviously a difficultly with that agreement, and

the council of state, because if you cast your mind back to Our Noble Families, written in

1909, then it was exactly the same noble families who were the former secretary of states for

Scotland who were to be on the council of state.

Now what I’m about to tell you I can absolutely verify, because it was told to be by Alastair

Dunnett. Alastair was the 21 year old press secretary of Tom Johnston, later to become

editor of the Scotsman newspaper, husband of Dorothy Dunnett, chairman of Thomson Oil

for Roy Thomson and one of the great figures of Scottish journalism. But in 1941 Alastair

was a very young press secretary for the secretary of state for Scotland. So Johnston’s

solution to this conundrum was simple, pragmatic. He got Alastair to buy up every extant

copy of Our Noble Families. He effectively withdrew his own book, temporarily, from

circulation. And Alastair told me this some fifteen years ago over lunch, and I said, well, you

know, how could that work? Even in the days before the internet, I mean, surely somebody

had mentioned. And Alasdair said, well, he said, many of the aristocrats are not among the

greatest readers in the country. So my second question was what happened to the books?

And Alastair said, well, of course Tom Johnston couldn’t destroy a book, so in his home

there was an entire room where if you opened the door, there was thousands of copies of

Our Noble Families.

Some years later, a young man called Hamish McKinnon, asked Johnston why he’d taken

the action to withdraw the book, come to terms with the council of state, get the legislation

that established the hydro board. And Johnston said in return, he said times change,

McKinnon, times change. What actually he’d done was to demonstrate that he was both a

visionary and a radical, but he was also pragmatic; he wanted to make sure that the

achievement went through.

He’s in the drawing room at Bute House for a whole range of reasons. He’s also in that

drawing room because every time I hear, and I do hear many times, the latest protest

against wind energy, I look up at the portrait of Tom Johnston and remember that anything

that comes in opposition to renewable power in Scotland now is as of nothing compared to

the opposition to hydro power in the late forties and fifties in Scotland. The irony of course, is

that some of the greatest tourist attractions in the highlands of Scotland are exactly these

great hydroelectric engagements and dams, which have become some of the features of the

greatest parts of the highlands, but were absolutely necessary to achieve Johnston’s vision

of bringing electricity to the glens.

So what I want to focus on today is how we can actually get things done. How we achieve

things, how we empower, how we regenerate communities. I want to talk about three ways

of making change; legislation, which will follow in the Scottish Parliament, improvements that

we can make without legislation and the additional opportunities that we can seize, in my

estimation, with Scottish independence. As was said by the real David Cameron, last year I

announced, in this very college, the establishment of the Land Reform Review Group - I’m

delighted that Alison Elliot, the group’s chair is here with us today, I want to thank Jim Hunter

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and Sarah Skerratt for their significant contribution to the review group’s work and also of

course to welcome the appointment of Ian Cooke and John Watt on to the review group. As

the minister said, in the Scottish Parliament on Wednesday, we’ll shortly appoint two further

members to the group, increasing its membership to five. The group’s interim report

published two weeks ago provides a clear basis for further analysis and consideration. It’s

clear, as the report itself acknowledges, that more work is required to make final proposals

which pass the test of being both radical and practical. The group is establishing six work

streams, establishing papers on topics such as taxation and the Crown Estate. There will

also be a short life working group on the improvements that are necessary in the legislative

framework of the Community Right to Buy.

I speak from, not the experience that is in this room, but from some personal experience

about community right to buy; I’ve been personally involved in two community purchases in

Aberdeenshire. One of the first ever exercising of the Community Right to Buy rights and the

act in 2003 by the Boddam Development Trust, engagement which was important in

demonstrating that the Ministry of Defence was covered by the legislation, was partially

successful in gaining at least the playing fields that the Development Trust were after, but

not successful in terms of gaining the whole ambition of the project, which was to have the

whole of the former air force base in Boddam in community ownership. I’m pleased to say

that the other project I’ve been engaged in in Strichen has been much more successful,

modest in its aim and ambition perhaps, but hugely important to that community and it has

been totally successful. So I have some experience of the requirement and the desire to

streamline the current buyout process. I understand why we need to consider why the

current requirements for information are rather too onerous, whether the timescales currently

required by law are sufficiently flexible. As part of this analysis, we’ll asked the review group

to look at how we can prevent land being marketed in a way which hinders community

purchase, for example, by owners not publicising their desire to sell, and I would like the

review group to explore issues relating to the community purchase of land which has been

on the market for some time. Sometimes communities become interested in purchasing land

sometime after it has been put up for sale. When that happens, as the way the current

legislation is drafted, they can actually be stopped from registering an interest. These sorts

of areas strike me as genuine, practical barriers. They matter, if they can be addressed, it’ll

help make the right to buy legislation work more effectively. And let me say that I talk little

about my experience as a constituency Member of Parliament. I have experienced over the

last week, as First Minister of Scotland, in the intricacy of some of the legal processes which

are part of the current legislative framework. I was hoping to be able, this very day, to make

a further announcement about a further success for the Community Right to Buy, which is

being held up not by any lack of willingness to buy, or for that matter, in this case, any lack of

willingness to sell, but by part of the legislative framework, which intricately makes it actually

difficult to complete the transaction. Then that’ll be overcome, but it is an interesting example

of the hurdles that the current legislation often puts, sometimes inadvertently, on the path of

community ownership. But these changes are just part of a much broader commitment that I

want to make today. The Scottish Government will consult later this year on a draft

Community Empowerment and Renewal Bill. I confirm absolutely that draft bill will include

provisions for an improved Community Right to Buy. There will be a legislative framework

which enhances that right. The Land Reform Review Group’s work of course will have a vital

role to play as we draft, consult and then prepare to introduce legislation. The group’s interim

report has already made it clear that it will consider closely the proposal from Community

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Land Scotland, which of course sought to establish an agency to facilitate the transfer of

land. Of course one of the review group’s six new work streams will investigate how such a

land agency might operate. It sends a powerful signal that the final report will give

Community Land Scotland’s proposals all of the attention that is required. This work will be

complemented by that of the farm tenancies review which will start later this year; a review

which will be able to use some of the evidence obtained by the Land Reform Review Group

as a point for its own deliberations. Overall the land reform process has the opportunity to

lead to legislation which will achieve a lasting impact. The outcome of that process will be a

stronger economy and a fairer society.

Now I want to look at improvements which don’t need legislation; the Scottish Land Fund,

renewable energy, National Forest Land Scheme. There are practical measures which we

can take to strengthen community ownership now. I hope that further ideas will emerge of

course from the review group, but I want to set out what the Scottish Government is doing

right now. As this conference knows, we re-established the community land fund last year in

order to facilitate this process. It is rather difficult to have a community purchase when there

is no fund in order for the communities to purchase, or at least no fund which supports the

range of community purchases, and that’s why we re-established the fund. The fund has

been widely welcome, it’s worth six million pounds over the three years to 2011. It has

already helped five community buyouts, in the Scottish borders, in Colintraive in Argyll, in

Easter Ross, the Mull of Galloway, in Wigtownshire and in Lossiemouth in Moray. I can

announce today that the Community Land Fund will continue across the term of this

Parliament to the end of the current Parliament in 2016 and therefore, there’ll be an

allocation of another three million pounds, a 50% increase, during the financial year of 2015-

2016. That funding, and the assurance of continuity of funding, which lies behind it, is a

signal of the strength of our commitment to community ownership. A recognition that even in

the toughest of budgetary times, it’s more important than ever to empower local communities

and to help them to help themselves. In addition to the Land Fund, we want, wherever we

can to help communities to invest in renewable developments, both through direct ownership

and commercial partnerships. The example provided by some of the projects engaged in by

people representing groups today has been inspirational, I’ve mentioned Eigg and Loch

Carnan, but Gigha’s forth wind turbine which was announced two weeks ago will provide the

community with more than one million pound of benefit over the lifetime of the project;

money which can contribute directly to a housing improvement programme. In total 204

megawatts of community locally owned renewable castate is already operational, that’s

enough to power a hundred thousand homes. But we want to see more community

ownership, more community benefits. It was after all the aim and intention of Tom Johnston’s

hydro board that the natural renewable energy resources of the highlands benefitted the

people of the highlands. It’s now the government’s duty to ensure that Scotland’s second

renewable revolution benefits people and communities across the country. And that’s about

benefits as well as ownership. Our Community and Renewable Energy Scheme helps

communities to build their own renewable schemes, but also to negotiate with developers

from community benefits from commercial schemes. There are more than 60 community

benefit funds across Scotland, which currently bring in payments of more than four million

pounds. Now, I believe there is scope for taking that much further, and that’s why we’re

currently consulting on the planning framework to have a further application of community

benefits, for example it might be possible to use planning powers to ensure that renewable

energy schemes provide a greater share of their benefits to community assets. As things

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stand, we’ve led the way with our own public agencies; Forestry Commission Scotland has

negotiated five thousand pounds per megawatt of benefit, which was more than twice the

previous industry standard. That has had the effect of bringing certain of the developers;

Vattenfall, SSE and to be fair some others, in to line with that announcement and

recommendation that I made last year. I noticed yesterday that the UK government has now

followed suit for schemes in England. Finally, the Scottish Government has responsibilities

as a land owner, as a major land owner, to make community ownership easier. The National

Forest Land Scheme enables communities to buy local woodlands from Forestry

Commission Scotland, even where that land has not been put up for sale. That scheme has

enabled communities in Argyll, North West Mull to purchase forestry land, and of course

here in Sleat the Forestry Commission sold almost a thousand acres to Sleat Community

Trust in 2011 and the community’s exploring options for establishing a turbine on the land,

and has established a five year plan for harvesting timber, developing infrastructure and

creating new amenities.

It’s worth noting, ladies and gentlemen, that we’ve been able to make that progress with the

Forestry Commission because we control the Forestry Commission, because it’s a devolved

structure. Many of you will be aware of the position in Cape Wrath at the present moment,

where there’s been a tension as to whether Cape Wrath would be further developed as an

area of community land ownership. Ensuring that the Scottish National Trail will take us from

the borders to the very tip of the mainland of Scotland, or whether it will become part of an

enlarged bombing range – this is a difficult choice is it not? – and therefore we shall look with

interest as to the outcome of that particular tussle. Not just look with interest but act with

interest in the next few weeks. The important point I’m making is that much of the success in

turning the public agencies of Scotland into enablers of a desirable goal is because they are

the public agencies of Scotland. The Crown Estate and the Ministry of Defence between

them own a hundred and fifty thousand acres of land in Scotland, I look forward to the day –

and that day is coming ladies and gentlemen – when these agencies will be subject to the

democratic political will of Scotland and will enable these agencies to act in the socially

responsible manner that the Forestry Commission is now pursuing in the form of community

land ownership. I think it is important that Scotland’s public land moves in to community

hands.

Ladies and gentlemen, we have a huge opportunity to shape a stronger and better

relationship between our land and our people. Community Land Scotland is a hugely

important voice in that debate and that opportunity. I said at the start of my speech that

Sabhal Mòr is in an area which was previously marked by depopulation and decline. Sorley

Maclean, if you remember, saw the herbs and flowers of aspirations forty years ago. And the

regeneration of Sleat shows how these aspirations as a result, as a result entirely of

community leadership have been fulfilled here in recent decades. The aspirations of

community buyouts are being fulfilled. What members of Community Land Scotland have

achieved in Knoydart, Neilston, Machrihanish and Mackay Country, on Gigha, and Eigg and

Rum is genuinely inspirational for the rest of the country. But I’ve learned as we look at these

matters that in terms of galvanising effort, in terms of having the whole public body of

Scotland exercised in a transformation, it is important, it is necessary, to set targets. To set

targets which may people say are ambitious, some people say are over ambitious, but

nonetheless setting the target enables the galvanisation of the effort and makes

achievement possible. Some years ago I set a target for renewable energy generation in

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Scotland of 50% by 2020 and it was greeted with scepticism – huge scepticism – in terms of

what was achievable. Last year, last year, we’re now at 40% of renewable energy generation

compared with Scottish demand. The 50% target is now for 2015. 2020 is 100% target now.

Some years ago the Scottish Parliament united across the parties, unanimously, as being

the only Parliament in the world, as far as I know, to endorse the idea of a carbon reduction

target by 2020 unanimously as part of the Scottish Government’s response to greenhouse

gasses and to the climate change agenda. It was thought that 42% was an over ambitious

target which was unachievable anywhere in the Western World. The statistics realised today

show that Scotland’s emissions have now achieved a reduction of 29.6% compared to the

average of the EU member states of 17%. Well on our way to achieving that incredibly

ambitious 42% target by 2020.

In each of these areas, and in others, what I’ve learned as First Minister – and I have

learned one or two things as First Minister – that the setting of the target is an important part

of galvanising the public body in order to make the achievement more possible. It doesn’t in

itself of course make the achievement – the renewable energy target has been assisted by

the campaigners and the developers of renewable energy, the climate change target has

been assisted by the engagement across industry and social policy, as well as the

Parliament. The mere setting of the target doesn’t make it necessary or inevitable to

achieve, but without the target then there’s always the danger that the level of ambition falls.

And I’m conscious of the experience, the practical experience, of Tom Johnston when he set

himself an idea of bringing electricity to the highlands of Scotland and then went about

practically, pragmatically, radically, but above all – in terms of performance – the ability to

achieve it. And that’s why I think from today’s conference, what I want to do is to set another

target, and this is for community land ownership in Scotland. I believe it is possible, I believe

it is necessary, for us to set a target of one million acres of Scotland in community land

ownership by 2020. It is a target which has been articulated indeed by this organisation in

the past. I think if we engage the Scottish body politics, if we engage the legislation but

above all the practical steps that’s necessary to take then we can achieve such a target. I’m

well aware, indecently, that size of acreage is not the only thing that matters. Of course land

matters for economic, strategic, sometimes symbolic reasons, not just a question of size. But

in terms of the overall scale of ambition, to galvanise the Scottish public body politic in order

to achieve that aim strikes me as the right time and level of ambition to make it.

I’m struck by the fact, and we have a number of opportunities before us, ladies and

gentlemen, that I’d rather live in a Scotland with one million acres in community land

ownership than in a country which doesn’t have that ambition and that target. And that’s

why, from this conference today, I’m setting the target, well aware that the people in this

audience are exactly the people who’ve demonstrated that such an ambition can be realised.

Thank you very much.

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Appendix D – Dr. Alison Elliot, Chair, Land Reform Review Group. Conference Address 08/06/2013

RADICAL LAND REFORM – a personal view

There are lots of ways I could approach this morning’s talk but I’ve decided to take the opportunity to give you a personal account of why I think land reform is important as well as to lay out where the review has got to and where it’s going. As you know, we are being asked to produce radical and innovative proposals on land reform – the First Minister reiterated that yesterday. So I’d like to reflect a bit, from a personal perspective, on this idea of what makes for radical proposals. Radical means lots of things – here are three of them.

There’s the political view, which places a radical approach somewhere off the left of the political scale, probably always out of reach. Its location is roughly known and its shape is pretty predictable.

Then there’s the rhetorical view, which basically means, “Set the bar as high as you like”. I’m reminded here of Campbell Christie, who chaired the Christie Commission on the Reform of Public Services, of which I was a member. Campbell used to say that he’d been told “Be bold!” He said this rather defiantly but also rather nervously, because our recommendations seemed to be quite gentle, very far from the swingeing cuts to public services that some commentators were expecting. Yet these recommendations have transformed the way we look at designing and delivering public services and they’re praised internationally. They were in fact very radical. Be bold! Be radical! Don’t hold back for our sake! This view encourages us to be as extravagant as we need to be in order to get the job done but doesn’t prejudge what kind of proposals we’ll arrive at.

And then there’s the etymological view – the view that interprets ‘radical’ as taking the idea and stripping it back to its roots, so that it can be re-imagined for the Scotland of today.

It’s this last view I want to concentrate on this morning. I’m not forgetting about the other views. We’ll be as bold as we need to be to be true to what we see and what we find and, if that happens to lie to the left of some kind of spectrum, well and good! But we’ll only know how radical our proposals are in that sense when we’re much farther on in the review and when we’re approaching our conclusions. What we can do now is to adopt a view of land reform that is radical in that third sense, of going back to its roots and re-imagining it for today.

And I’d like to start by going back to my own roots for a minute.

Because, you see, land reform’s been around since Biblical times. It was part of the Jubilee, that ancient Jewish idea that, every fifty years, you would recalibrate financial and economic relations, so that the poor would not be permanently left out of society. Debts were to be cancelled and land restored. Now the Jubilee was probably never implemented and I’m not suggesting that it should be here and now. We’re a different society – possibly more sophisticated and complicated, possibly not – and you can see from the long story about the cancellation of international debt or from the turmoil of the restitution of property in post Soviet countries that the Jubilee, as a solution, isn’t a quick fix. But, in its assumptions, it is an early recognition of the fact that, left to their own devices, systems of power, whether financial or economic, take on a life of their own. They go shooting off in directions that were never intended and, every so often, they need to be brought back to heel, to connect again with their true purpose. They create winners and losers and you need to adjust the race so that the losers don’t miss out completely.

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So, what brings these systems to heel today? Today, we’re used to the demands of social justice, democracy and human rights. They follow the grain of the Jubilee because they all involve protection for the weakest members of society. Social justice seeks to establish human relationships that are marked by fairness and respect, not by the bullying and intimidation that power exercises. Democracy ensures that everyone can participate in making the decisions that affect their lives, even those on the margins. Human rights are based on the dignity of each person through the protection of their quality of life and their freedom from oppression. All of these set the standards we aspire to and they call into question any system that produces winners and losers and just leaves it at that. Land ownership has its winners and its losers. We’re watching our children taking their first steps on the housing ladder and we’re conscious of how difficult that first step is for some. Once you have a house to sell, you can try your luck in the market and run up its ladders or fall down its snakes. Whether it’s a flat in London, or an estate in Skye, the system’s much the same in this respect. Land reform is the process of challenge that tries to wrest justice, democracy and dignity from this game of chance – to create entry points for those who would otherwise be shut out of the process and to build responsibility into its operation. And the Jubilee tells us that this process is a continual discipline. There’s no silver bullet that will enshrine justice permanently in human relationships. They have within them forces that move in the direction of inequality unless they’re held in check. This is why our Scottish land reform legislation needs to be continually reviewed.

The land reform process that Scotland embarked on in 2003 is innovative and internationally fairly unique. It’s based on community ownership of land and it seeks to change the balance of land ownership by extending community ownership. Now, this isn’t just a minor tweaking of land tenure, whereby a private individual is replaced by a group of connected individuals as owners of a piece of land. Community ownership has the capacity to challenge many of the distinctions that frame the way we look at the world and to transform them. It truly changes some basic understandings and distinctions that otherwise we take for granted. It is truly radical.

This perspective on community ownership has been elaborated by Fiona Mackenzie in her wonderful book, Places of Possibility.[1] It’s basically a study of the North Harris Estate but it goes beyond telling the story of that adventure and listing a lot of statistics (although it does that too). It analyses how the North Harris Trust, in its thoughtful way, has transformed not only the lives of people in the area but has also challenged distinctions between public and private and between the natural world and the social. It takes the notion of property, which is associated with the private world of individual ownership and personal discretion over its use, and turns it inside out. Through careful respect for democratic processes and community consultation, the Trust reworks the notion of property to reveal its political possibilities for regeneration, for empowerment and for creating a public space that builds strong, confident and resilient communities. This is truly transformative. This is truly radical. The North Harris Trust also disturbs our notions of the distinction between the natural world and the social or cultural one. It rebuilds the connection between the people and the land, revealing the land to hold cultural significance that in its turn forms the people that belong to it. Mackenzie illustrates these points with the example of the Cailleach, the mountain horizon that you can see from Calannais. It traces the outline of a woman on the skyline and, on occasion, she appears to be giving birth to the moon. It’s a place throbbing with mystery and ancient significance. Now, this was the site proposed for a six turbine wind farm, a proposal that highlighted the clash between different ways of viewing the land and people’s relationship to it. Since the enlightenment, we’ve tended to divorce the land from its cultural significance. We treat it as something external to ourselves, something that can be consumed and turned into a commodity. Sometimes that’s a necessary device and can bring real progress. But if we simply reduce land to a commodity, we diminish ourselves as well, stripping away the cultural and spiritual dimensions of our experiences that are fundamental to our humanity.

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The North Harris Trust has found various ways of exploring the close connection between land and people, particularly in its approach to the ‘wild’, often seen as something separate from ourselves and untouched by human beings. They’ve begun to plant native woodlands, to challenge the visual impression that the tree-less wildness of the landscape is a given, something that’s aye been, rather than a variable, cyclical interaction between nature and culture. This literally digs down deeply into the heritage of the country. This is truly radical.

Now the approach of the North Harris Trust is not the only one that you can take to community ownership. You can take a different starting point and a different model and find other ways to reconnect people and land. I visited South Uist on the most beautiful winter day, last December. Flying over the tracery of the Uist landscape in the early morning sun was breathtaking and the sun and blue sky stayed with us until I got the plane back in a warm four o’clock sunset. I was shown round the estate by Huw Francis, the Chief Executive of Stòras Uibhist. He clearly loved his job and the conversation centred on the practical challenges of drainage and flood defences as well as the commercial potential of the golf course and the harbour development and the sporting market. With its fixed assets increasing five-fold since the buy-out, this is also transformative and it shows that, however difficult it may be, you can run a successful business to the benefit of the community.

So, community ownership can take different forms. That’s as it should be since communities are all different from each other. Round the country, people have seized the chance to take ownership of stretches of land or of land based assets in ways that are slowly changing the social landscape, particularly in rural Scotland. As time goes on, we’re learning more about what makes for good community ownership, about what benefits it brings to communities and about how some of the difficulties can be addressed. Because it’s not easy, as members of Community Land Scotland will testify. Empowered communities are communities that disagree with each other. It’s a big challenge and it’s crucial that communities are supported through difficult times to build the capacity they need to do a good job.

The pattern of community ownership across the country is varied. There’s interest in all parts of the country, but people seem to buy different things in different places. Perhaps it’s a question of geography and of different patterns of land use – it’s not the same contemplating the purchase of Highland moorland and Aberdeenshire farmland – or different histories that affect people’s relationship with the land – or different cultural attitudes – or perhaps, at a deeper level, these are all aspects of the same thing. But there are also similarities across the country in the problems that communities are trying to solve – problems of economic regeneration, of affordable housing, of depopulation. For some communities, land ownership is the answer that they’re investing their hopes in. How, then, do other communities solve the same problems? Is community ownership not suited to them in some way? Or are there other land based devices or procedures that could be harnessed? Certainly in some places there are good opportunities for communities to get access to the land they need and good relationships with the local owners. Is there no need for land reform in some places?

This isn’t just an academic question. Across Scotland, there are people who lack confidence in their own abilities and are fearful for the future. We met some of them the other day, where the conversation kept coming back to the word “stifled”, as their vision for development was rebuffed by the local owner. There may be lots of reasons for this. But in the end of the day, the most basic, most enduring resource we have as a society is our land. It is only right to ask whether, through ownership or other forms of engagement, the land may hold the key to a radical solution to some of these problems – a solution that takes seriously the gifts that a community has and that is tailored round them.

So, let’s sum up where we’ve got to. We’re taking the view that the function of land reform is to hold in check the tendency towards inequality that is present in financial and social systems. It works with the grain of democracy, social justice and human rights that all aim to

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support the weaker members of society and to build relationships based on respect and dignity. It’s therefore not a one-off event, but something that needs to be reviewed periodically. It takes different forms in different contexts. In Scotland in recent years, it has predominantly taken the form of community ownership, an innovative and radical process that challenges distinctions between private and public and restores for many people a constructive relationship between people and the land. In its turn, that community ownership takes different forms in different communities, and in some cases, something different from ownership may be appropriate for the people involved. I believe that the principal task of land reform in Scotland today is to get a better understanding of that relationship between a community and the form of land tenure that’s right for it and to build a sound base from which to extend community ownership and engagement with the land.

And that leads us to the Land Reform Review. We’ve got three parts to our remit – to increase the number of people in rural and urban Scotland who have a stake in the land through ownership and other forms of engagement, to support communities that go down this road and to explore new relationships between people, land and the environment.

We’re approaching land reform as a mechanism to achieve an outcome. The principal outcome that we are exploring, in accordance with our remit, is that of building communities that are stronger, more resilient and independent. Other people may have different outcomes that they are interested in and communities may have other, more specific, outcomes when they consider going down this path – a need for more business opportunities, better housing, land for recreation and growing – all of which contribute to a better standard of living for the community.

We spent the first phase of the review gathering data in open, receptive mode – inviting written evidence from members of the public, meeting people who expressed a wish to meet us, arranging to see some of the main stakeholders in the area and travelling round the country to get an appreciation of the issues in different geographical settings. We learned a huge amount in this phase of the review. It was valuable to get away from our desks and meet people in their own part of the country. This is the point of a review – to see how the situation on the ground is progressing and reflect on that, so our travels haven’t finished yet.

We are now entering Phase 2. We’re going to set up work streams in the following areas:

Crofting and Highland experiences Highland communities have greatest experience of Scottish land reform so far. What can we learn from them and what still needs to be done in their specific context?

Land Reform in an Urban Context What are the urban opportunities for land reform? How would an urban community right to buy operate? In this we’ll be working with the Community Empowerment team in the Scottish Government.

Community engagement with landowners There are many examples of landowners working well with their local communities. What can we learn from these examples and how do they relate to the planning process and local government responsibilities?

Land Agency Community Land Scotland proposed the formation of a Land Agency in its submission to the review, which would facilitate the process of community purchase of land. It would also consider the possibility of using compulsion to acquire land in the public interest. This work stream will look at how that might operate and how it would relate to other fora for facilitating negotiation and planning among rural stakeholders.

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Support for New Owners It’s not enough to pass legislation saying that communities can purchase land if they don’t have the capacity or the funding to do so. How can they be supported in this process? What specific issues arise, for example, in connection with purchases from different kinds of owners, such as public bodies – and purchases by different kinds of communities, such as NGOs?

Community Energy Since 2003, the opportunities afforded to communities from renewable energy have increased considerably, with many communities relying on income from wind turbines. This raises lots of questions about how these benefits can best be managed and distributed.

So that’s the core of our work plan from now till Christmas. The detail will be worked out once the work streams meet later this month, so the agenda might be slightly different but that’s the broad thrust of it. We expect that the work streams will be chaired by members of the main LRRG team and we are planning to increase that to five people. You’ll have heard that John Watt, who was one of our advisers, has been appointed to the team to join myself and Ian Cooke, and we have two other people in our sights.

In addition to this, we are setting up a group to see how proposals can be implemented for simplifying the Community Right to Buy, and making it compatible with urban conditions. This group will include people who have already been through the process, either as applicants or as officials and we’ll be working with the Community Empowerment team in the Scottish Government.

We plan to commission research on how patterns of community engagement with land vary across the country. A starting point for this work would be a survey of the applications that are made to the Lottery, or Leader, or through Part 2 of the 2003 Act, to see what kinds of ambitions communities have in different parts of the country.

Beyond that, there are topics that are important and will impact on several aspects of our work, but which are best addressed through a briefing paper. For example, the cost of land is an important element in the kind of support communities need and the intricacies of the present taxation system and its possibilities for change contribute to land costs, so we plan to commission a briefing paper on this topic. What is the public interest? We keep coming back to this question and it would be good to ask for a paper on this from lawyers or political analysts who can survey its use and the application of similar concepts. Common good and the Crown Estate are also matters that could be addressed in this way.

So, there’s plenty to be done and I’m keen to get ahead with it.

But some people think it’s not enough. They think that this is an agenda that’s only about community ownership and they think that it’s not the remit that the group was given.

I disagree. I was around when the remit was drawn up and I know why it took the shape it did. At its heart is the following:

The Group will identify how land reform will:

Enable more people in rural and urban Scotland to have a stake in the ownership, governance, management and use of land, which will lead to a greater diversity of land ownership, and ownership types, in Scotland;

Assist with the acquisition and management of land (and also land assets) by communities, to make stronger, more resilient, and independent communities which have an even greater stake in their development;

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Generate, support, promote, and deliver new relationships between land, people, economy and environment in Scotland

That’s what we’ve been doing and that’s what we’ll continue to do.

In closing, can I go back to the point that land reform is something that needs continual review. Our report won’t be the last word on the topic. We’re concentrating on what we think is important for this period and I expect that our recommendations will include proposals that look ahead to further work – possibly thinking in terms of three horizons – what’s needed now, where we’re heading in the long term and some intermediate goals that need work in the medium term, such as addressing the First Minister’s target of a million acres in community ownership by 2020. It’s a privilege to have the chance to contribute to this. Thank you.

[1] A. Fiona D. Mackenzie, 2013, Places of Possibility: property, nature and community land ownership, Wiley-Blackwell

Appendix E – Commentaries

The following are links to reviews of the conference, and the above addresses, as have been

published at the time of publishing this report (June 2013).

- Lights Out for Radical Land Reform? : Alex Salmond’s Community Land Scotland

Conference Speech, Calum Macleod -

http://calummacleodblog.wordpress.com/2013/06/12/lights-out-for-radical-land-reform-alex-

salmonds-community-land-scotland-conference-speech/

- Event Report – Community Land Scotland Annual Conference 2013, Felix Spittal, SCVO -

https://www.ruralgateway.org.uk/en/node/8038

- The narrowest land reform agenda in the world, Andy Wightman -

http://www.andywightman.com/?p=2801

- The back of the envelope duly arrived in Sleat last weekend, Brian Wilson -

http://www.andywightman.com/?p=2865

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Community Land Scotland… making waves