Farm tragedy: Row over land reform pledge

Chief Scottish Political Correspondent

Wednesday 10 October 2012

A FARMERS' leader has accused ministers of backing down on a promise to take the case of a farmer who lost a long-running land dispute to the UK Supreme Court.

loss: From The Herald last Friday. distressing: Andrew Riddell died after losing a legal battle over land his family had farmed for 100 years.

Custom byline text:

ROBBIE DINWOODIE CHIEF SCOTTISH POLITICAL CORRESPONDENT

Andrew Riddell, 52, was found dead last week before he was due to leave the land his family had farmed for 100 years.

It came after Mr Riddell's landlord successfully overturned a land court ruling that had given tenure to the father of four.

In the upheld appeal, senior judge Lord Gill ruled that measures put in place to protect tenants in such areas were not compatible with the European Convention on Human Rights.Angus McCall, chairman of the Scottish Tenant Farmers' Association, of which Mr Riddell was a director, has described his "incredulity" that the SNP Government may not follow up on its plans to appeal the ruling at Britain's highest court.He said the death of Mr Riddell, from Peaston Farm in Ormiston, East Lothian, in a non-suspicious incident had cast a gloom over the rural community.Mr McCall added that he was shocked and dismayed to hear the Government may not proceed with its appeal.He said it had been indicated a Government legal challenge was certain and his association was even told it had been lodged last April, with the prospect it would be fast-tracked for a hearing next spring.The Herald has now established it is by no means certain this appeal to the UK Supreme Court will take place. A Scottish Government spokeswoman said: "The Scottish Government is currently considering its position following the conclusion of the Salvesen v Riddell court proceedings."The death of Mr Riddell is shocking and tragic and it would be inappropriate to comment further at this time." Lord Gill's ruling shocked the Government and the land reform lobby in equal measure as it gave precedence to the right to property under the European Convention on Human Rights over whether a public interest argument was proportionate and compatible.Land campaigner Andy Wightman said he too had been led to assume the ruling would be challenged, saying it would be disgraceful if ministers failed to put up a fight for the will of the Scottish Parliament.He said: "They have a duty and an obligation to make a decision on this and I am of the firm view that it has to be to fight this through the UK Supreme Court. "I don't understand why this is dragging on."It is right that human rights are observed and that laws are subject to judicial intervention. Unfortunately in this case, not enough was done early on to prevent landowners circumventing the law."Attempts to do so retro- spectively have now proved unlawful. It is now time for the Scottish Government to decide whose side it is on in the unequal class struggle between landlords and tenants."Mr Riddell's battle began in 2003 when he was given notice to quit by landowner Alastair Salvesen, who bought the farm in 1998.The problem stemmed from an outdated law that left the family few rights despite being on the land since 1902.Mr Riddell's funeral will take place tomorrow with a service of thanksgiving at Yester Parish Church in Gifford, East Lothian.

Contextual targeting label:

Block list

Commenting & Moderation

We moderate all comments on HeraldScotland on either a pre-moderated or post-moderated basis. If you're a relatively new user then your comments will be reviewed before publication and if we know you well then your comments will be subject to moderation only if other users or the moderators believe you've broken the rules, which are available here.

Moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours. Please be patient if your posts are not approved instantly.

Farm tragedy: Row over land reform pledge

Commenting & Moderation

MOST READ

SPONSORED LINKS

MOST COMMENTED