The Scottish Parliament's Rural Affairs, Climate Change and Environment (RACCE) committee has approved the Stage 2 process of the Agricultural Holdings section of the Land Reform Bill which will soon be ready for final endorsement by the whole of the Scottish Parliament in a few weeks time. The Committee also voted in favour of the new proposal to introduce assignation for 1991 secure tenancies by a majority of 7:2.
Other new amendments include extending the amnesty period from 2 to 3 years, giving tenants longer to register improvements they have carried out which they don't have records for - to make sure those improvements can be eligible for compensation at waygo - and adding a code on land agents to the list of Tenant Farming Commissioner's codes.
These changes come in addition to a number of amendments already agreed, including providing for the introduction of a new register to provide information on those with a controlling interest in landowners in Scotland.
Welcoming the news Scottish Tenant Farmers Association (STFA) chairman Christopher Nicholson said: "The RACCE Committee's backing for the Scottish Government's amendments to allow assignation to a limited class of non-family members will be a real boost to what has become a stagnating sector.
"The Cabinet Secretary was careful to stress that the assignation provision is targeted towards new entrants and those progressing up the farming ladder. It is not open to all and therefore assigned tenancies will not be snapped up by existing businesses for high value. He has also made it clear that this new provision will satisfy human rights ECHR (European Court of Human Rights) compliance and a successful legal challenge will be unlikely. In practice the legislation is more likely to provide an informal template to facilitate deals between landlord and tenant."
That view is contrary to that of Scottish Land & Estates (the body representing landowners), which has taken legal advice and contends that assignation would be a clear breach of property rights under European human rights legislation. Their advisers calculate that compensation claims against the Scottish Government could run to several hundred millions of pounds.
Lord David Johnstone, chairman of SL&E said: "The assignation proposals will mean that many secure tenancies will be perpetuated, effectively further denying the owner access to his own property."
Market round-up
United Auctions sold 798 store heifers at Stirling on Wednesday to a top of 300.9p per kg and an average of 219.1p (+13.5p on the week), while 1066 store, beef-bred bullocks peaked at 315.8p and levelled at 226.9p (+12.3p). Thirty-six store B&W bullocks sold to 205.1p and averaged 150.1p (+18.6p), while 44 store bulls peaked at 216.9p and levelled at 193.7p.
In the rough ring 164 beef cows averaged 118.8p and 20 dairy cows levelled at 89.7p.
C&D Auction Marts Ltd sold 21 prime heifers in Dumfries on Wednesday to a top of 221.5p and an average of 185.5p.
There were 81 OTM cattle presented in the rough ring when beef cows averaged 118.2p and dairy cows levelled at 82.6p.
The firm also sold 803 prime hoggs to a top of £99 per head and 213p per kg to average 181.5p (+0.3p).
The 494 cast sheep forward saw heavy ewes sell to £128 for Texels and average £73.44 (-£1.27), while light ewes peaked at £70 for Cheviots and levelled at £52.29 (-£5.36).
Messrs Craig Wilson Ltd sold 1700 prime hoggs in Newton Stewart on Wednesday to a top of £95.50 and 217.4p to average 182.8p (+8.8p).
The 380 cast sheep met a dearer trade on the week with ewes selling to £109 for Charollais and £70.50 for Blackfaces.
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