Community Land Ownership - A Fairer Future - Conference Report Community Land Scotland
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Community Land Scotland Annual Conference 7th – 8th June 2013 Sabhal Mòr Ostaig, Skye Community Land Ownership – A Fairer Future Conference Report 1
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 2
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. 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 3
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. 4
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. 5
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 6
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. 7
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 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. 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. 8
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. 9
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 10
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 11
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 12
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 13
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. 14
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. 15
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 16
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 17
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 18
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 19
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 20
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 21
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. 22
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