Crofting and Scottish Land Court Bill: equality impact assessment

Key Findings

Crofting

Overall, the EQIA process has suggested that the proposals are expected to have a positive or neutral impact that is not expected to differ significantly for different equality groups, and there are no anticipated human rights impacts.

From the consultation analysis and engagement, it is 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. Based on the consultation and engagement, 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. 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.

The majority of the proposals will clarify existing legislation, enabling more effective regulation by the Crofting Commission, which will benefit the crofting community. It will streamline and modernise the existing legislation, encourage greater use of croft and common grazing land, protect land in crofting tenure, and remove some complexities, which will also benefit the wider crofting community. 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.

It should be noted that data gaps were identified in relation to the crofting sector - no gender identity or transgender data, sexual orientation identification, race, religion or belief data is collected by the Crofting Commission in its role as regulator. A set of standard equalities questions, which cover these protected characteristics, is collected every four years through the Economic Condition of Crofting Report. However, the proposals contained in the Bill, and the policies which sit behind them, are aimed at all crofters, landlords, landowners, common graziers, and common grazings committees and will impact those individuals in the same manner, irrespective of whether that individual is a person with a protected characteristic.

Overall, the proposals are not expected to impact on other protected characteristics provided in the Equality Act 2010, nor disadvantaged or minority groups such as Gaelic speakers, Gypsy/Travellers, non-binary, neurodivergent people, those struggling with addiction, single parents or those holding non-mainstream beliefs, such as ethical veganism.

In summary:

• Eliminating unlawful discrimination: No differential impact is anticipated in relation to this public section quality duty for protected characteristics.
• Advancing equality of opportunity: A minor positive impact is anticipated in relation to age, in that the proposals will impact all crofters and members of the crofting community equally and consistently, irrespective of age.

The Bill will update references to a person’s “wife or husband”, making these instead a reference to “spouse or civil partner”. This change will provide equality to those in a civil partnership.

By streamlining the duties enforcement process, the Crofting Commission will be able to increase overall efficiency in its service to crofters, and will help facilitate opportunities for new entrants, including young people. This change will also allow a speedy resolution for those crofters who either cannot, due to age or another reason, or who no longer wish to, work their croft.

• Promoting good relations among and between different groups: Population retention in rural and island areas is at the heart of the crofting system. Crofters enjoy security of tenure over their land and in return must adhere to their statutory duties, as provided in the crofting legislation. This Bill will help strengthen crofting communities. The proposals will impact on all crofters and members of the crofting community, equally and consistently, irrespective of age.

Providing a simplified assignation process for within-family assignations, and a streamlined duties enforcement process, will help support aging crofters to transfer their croft tenancies to younger individuals, thereby promoting good relations among different age groups.

The Scottish Government has considered the effect of the provisions of the Bill on Human Rights in particular the following Articles of the European Convention on Human Rights (“ECHR”) Article 1 Protocol 1 (“A1P1”) ECHR in relation to the impact on an individual’s property rights. It is considered that the appropriate balances are in place and sufficient safeguards are provided within the provisions to ensure that these are a proportionate interference with an individual’s rights. For further detail, please see the Policy Memorandum for this Bill.

Scottish Land Court/Tribunals

In respect of the Scottish Land Court proposals, the EQIA process has indicated that the proposed amalgamation will have a neutral impact on all court users. The impact is not expected to differ for different equality groups or for those with protected characteristics.

• Eliminating unlawful discrimination: No differential impact is anticipated in relation to this public sector equality duty for protected characteristics.
• Advancing equality of opportunity: No differential impact is anticipated in relation to this public sector equality duty for protected characteristics.
• Promoting good relations among and between different groups: No differential impact is anticipated in relation to this public sector equality duty for protected characteristics.

In respect of the Upper Tribunal proposals, the EQIA process has indicated that the proposals are expected to have a neutral impact that is not expected to differ significantly for different equality groups or those with protected characteristics.

• Eliminating unlawful discrimination: No differential impact is anticipated in relation to this public sector equality duty for protected characteristics.
• Advancing equality of opportunity: No differential impact is anticipated in relation to this public sector equality duty for protected characteristics.
• Promoting good relations among and between different groups: No differential impact is anticipated in relation to this public sector equality duty for protected characteristics