Details emerge of private discussions that preceded land reform transparency changes
THE SCOTTISH GOVERNMENT and MSP committee members held a private meeting to consider legal avenues for requiring transparency of land ownership.
The meeting, which took place on Wednesday 6 January, focused on how the government would respond to demands from the committee for stronger land reform proposals as part of the ongoing amendment process.
The Scottish Government cannot provide minutes or an agenda from the meeting, which considered the legally contentious issue of how to tackle the 750,000 acres of land owned in tax havens .
The meeting was revealed by land reform committee member Sarah Boyack MSP, who called for further transparency surrounding the advice given by the government at the meeting.
CommonSpace requested information on the meeting – including what was discussed, any relevant documents and whether land reform legal advice was provided.
In response, a Scottish Government spokesman said: “As part of the regular liaison between the Scottish Government and the Rural Affairs, Climate Change and Environment Committee, the committee invited both the Cabinet Secretary for Rural Affairs, Food and the Environment and the Minister for the Environment, Climate Change and Land Reform to an informal session on Wednesday 6 January 2016 to discuss the government’s response to the Committee’s Stage 1 report, and plans for Stage 2 amendments. There was no specific agenda for the meeting and no minutes were taken.
“There was a general discussion on the Scottish Government’s response to the Stage 1 report on Part 3 of the Bill and the Scottish Government’s plans to address the Committee’s recommendations on Part 3 at Stage 2. These discussions were summarised in the letter sent from the Minister for the Environment, Climate Change and Land Reform to the Convenor of the RACCE Committee on 13 January 2016.”
Legal advice, upon which such decisions are taken, is provided to the government by its Legal Directorate – which considers factors including the threat of legal action from private interest groups.
The letter, which was covered by CommonSpace following its publication , related to the legal grounds for taking further action on land ownership as part of the Land Reform Bill.
Campaigners, the SNP Conference and MSPs have pushed for greater action from the government to tackle offshore ownership – including a ban on non-EU registration of land in Scotland.
Despite this proposal receiving the support of the committee of MSPs in its report, the proposal was rejected by the government on the grounds that it would “not be within the competence of the Scottish Parliament” and concerns over breaching property rights under the European Convention of Human Rights (ECHR).
In writing to the committee, Land Reform Minister Aileen McLeod said that “greater transparency gives rise to many complex legal issues, most notably the right to free movement of capital under EU law and the interaction with rights protected under ECHR”.
Legal advice, upon which such decisions are taken, is provided to the government by its Legal Directorate – which considers factors including the threat of legal action from private interest groups.
“Because the committee has been drip fed the Scottish Government’s changing positions on key elements of the Bill it has been difficult for land reform supporters and campaigners to follow the detail of the Scottish Government’s policy position.” Sarah Boyack MSP
Law firm Brodies previously threatened legal action over the proposals in the Land Reform Bill.
It remains unclear what specific legal aspects or advice were discussed on the meeting of 6 January. However, at the committee’s subsequent meeting the proposals to ban non-EU registration of land was not supported by the MSPs, who instead backed a new proposal from MSP Graeme Dey . Reform campaigner Andy Wightman stated that he planned to submit a freedom of information request relating to the private briefing.
The clouded legal picture surrounding the Land Reform Bill has also caused concern and confusion among those following the legislation.
Advice from the Scottish Government’s Legal Directorate in not published.
Sarah Boyack MSP, a member of the committee, said the private meeting “made it hard” for the public to understand why decisions were being made.
“Because the committee has been drip fed the Scottish Government’s changing positions on key elements of the Bill it has been difficult for land reform supporters and campaigners to follow the detail of the Scottish Government’s policy position,” she added.
Patrick Harvie MSP, who saw his amendment rejected by the committee following statements on its legality from the government, expressed similar concerns in The National newspaper : “The reasons the government has given for its opposition to the proposal are puzzling. They say the proposal wouldn’t lead to full transparency of land ownership. It certainly wouldn’t be perfect overnight, but it would be a huge step forward.
“The government also says the amendment may lead to companies moving their assets to trusts, which could be another means of avoiding scrutiny. But legislation on trusts is fully devolved to the Scottish Government, so any loopholes can be dealt with here at home.”
Last September CommonSpace reported fears that government lawyers were holding back more substantial land reform proposals .
Advice from the Scottish Government’s Legal Directorate in not published.
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Picture courtesy of Patrick Down