Crofting and Scottish Land Court Bill: equality impact assessment

Executive summary

This Equalities Impact Assessment (EQIA) has been carried out to identify any potential impact resulting from the introduction of the proposals in the Crofting and Scottish Land Court Bill. The Scottish Government considered the proposals against the needs of the general equality duty as set out in section 149 of the Equality Act 2010. Specifically, the EQIA considered impacts on equalities groups with regard to the need to:

• Eliminate unlawful discrimination, harassment, victimisation;
• Remove or minimise any barriers and/or disadvantages;
• Take steps which assist with promoting equality and meeting people’s different needs;
• Encourage participation (e.g. in public life); and
• Foster good relations, tackle prejudice and promote understanding.

Crofting

The Bill addresses specific legislative priorities that have been identified by the Scottish Government and stakeholders as a barrier to the operation and development of crofting.

A wide range of proposals, from technical adjustments to significant improvements to the crofting system, were discussed through extensive engagement with stakeholders over three years. Given the importance of assessing the impact of each of the proposals on everyone within the sector, the consequences of these changes were considered as they were being developed.

The impact on individuals, whether crofters, landlords, landowners and common graziers, was at the heart of all the discussions when developing the Bill proposals. They were considered at great length to ensure that the proposals were shaped to provide better outcomes for the crofting community, and the Crofting Commission in its role as regulator and promotor of crofting. Where a negative impact or unintended consequence was identified, the proposal was reconsidered and amended accordingly.

The Bill will make legislative changes for which there is consistent support across crofting communities, and will introduce some immediate positive outcomes for crofters and their communities.

Following consultation, engagement and the equalities assessment, there is nothing to suggest that any of the proposals will affect one member of the crofting community differently to another due to their protected characteristics or being a member of a minority group or have an impact on human rights considerations. The proposals are expected to have a positive impact on different age groups and demographics, and will apply equally and consistently to all members of the crofting community. It is also the view that the proposals are unlikely to have any negative impact on protected characteristics or minority groups and will provide the same opportunities to all members of the crofting community.

The proposals will help bring about the national outcomes the Scottish Government wishes to see in terms of inclusive communities, protecting and enhancing the environment, the protection of human rights, and encouraging a sustainable economy.

Scottish Land Court/Tribunals

The policy aim of the Bill is to provide for the amalgamation of the Scottish Land Court and the Lands Tribunal for Scotland into one body, a newly expanded Scottish Land Court.

The amalgamation is primarily administrative in nature; the Bill makes provision in respect of composition, procedure and jurisdiction, which will have little operational impact on court users other than an anticipated improvement in service. It is anticipated that the ability to utilise resources across the full breadth of the jurisdiction will offer structural coherence, efficiency and the delivery of a better service to litigants, supporting the Scottish Government’s aim of improving public services.

As with the proposed merger, the proposals in the Bill in respect of Upper Tribunal membership are administrative in nature. The policy aim of these provisions is to ensure that there are sufficient numbers of judicial members available to assist with any fluctuations in case volumes in the Upper Tribunal. This will allow it to have access to a broader range of expertise and knowledge if required.

As the proposals do not affect the ability of appellants to appeal to the Upper Tribunal, no differing impacts on different groups of people are envisaged. The proposals have the potential to benefit parties appealing to the Upper Tribunal by enabling such cases to be potentially dealt with more quickly.