Function, place and the crofting Function, place and the crofting

communities of the future communities of the future

Dr Calum MacleodDr Calum Macleod

UHI Centre for Remote and Rural Studies UHI Centre for Remote and Rural Studies

Dr Nicole BusbyDr Nicole Busby

School of Law School of Law

University of StirlingUniversity of Stirling

IntroductionIntroduction

““Communitarianism and Sustainable Crofting Communitarianism and Sustainable Crofting Communities” Communities”

Scoping study funded by Carnegie Trust for the Scoping study funded by Carnegie Trust for the Universities of Scotland.Universities of Scotland.

Aim - To apply theoretical communitarian principles to Aim - To apply theoretical communitarian principles to an empirical analysis of the development and an empirical analysis of the development and regulatory enforcement of crofting law.regulatory enforcement of crofting law.

Themes explored include: definitions within crofting; Themes explored include: definitions within crofting; links between crofting, sustainable development and links between crofting, sustainable development and cultural diversity; the future regulation of crofting.cultural diversity; the future regulation of crofting.

MethodologyMethodology

Qualitative approach Qualitative approach

Semi-structured interviews and focus groups* with Semi-structured interviews and focus groups* with representatives of :representatives of :

Scottish Government* Scottish Government* Crofters Commission (*) Crofters Commission (*) Highlands and Islands EnterpriseHighlands and Islands Enterprise Scottish Crofting Foundation*Scottish Crofting Foundation* Western Isles CouncilWestern Isles Council Scottish Natural HeritageScottish Natural Heritage North Harris Trust North Harris Trust

21 participants 21 participants

Crofting in contextCrofting in context

Crofting is a system of land Crofting is a system of land management which takes place management which takes place on small units of land (crofts) on small units of land (crofts) situated within the designated situated within the designated crofting areas in the Highlands crofting areas in the Highlands and Islands of Scotland. and Islands of Scotland.

Regulated by Crofters Regulated by Crofters CommissionCommission

Regulatory Framework Regulatory Framework

The Crofters’ Holdings (Scotland) Act The Crofters’ Holdings (Scotland) Act 1886 – security of tenure, fair rents, 1886 – security of tenure, fair rents, succession, value of improvements succession, value of improvements

The Crofting Reform Act 1976 – right The Crofting Reform Act 1976 – right to buy for individual crofters.to buy for individual crofters.

The Transfer of Crofting Estates The Transfer of Crofting Estates (Scotland) Act 1997 – community (Scotland) Act 1997 – community buyouts of publicly owned land.buyouts of publicly owned land.

The Land Reform (Scotland) Act 2003 The Land Reform (Scotland) Act 2003 – buyouts of privately owned land.– buyouts of privately owned land.

Crofting Reform etc. Act 2007Crofting Reform etc. Act 2007

Communitarian ideals v market realitiesCommunitarian ideals v market realities

A unique “crofting way of life”?A unique “crofting way of life”?

Changing crofting demographics Changing crofting demographics

‘‘Right to buy’ & land speculationRight to buy’ & land speculation

Weak enforcement of legislation

•Absenteeism

•Decrofting

•Neglect

Conceptualising Crofting CommunitiesConceptualising Crofting Communities

Function or place?Function or place?

Bryden (2007) Bryden (2007) Sustainable Sustainable Rural Rural Communities in Communities in Crofting Areas: A Crofting Areas: A Think-Piece for Think-Piece for the Crofting the Crofting Inquiry. Inquiry.

A new rural pardigim (OECD, 2006)A new rural pardigim (OECD, 2006)

Competitiveness driven by local assets and Competitiveness driven by local assets and resources resources

Broadly based rural economies (tourism, ICT Broadly based rural economies (tourism, ICT etc) - not solely agricultureetc) - not solely agriculture

Investment rather than subsidyInvestment rather than subsidy

Involvement of different levels of government Involvement of different levels of government and local stakeholdersand local stakeholders

The Committee of Inquiry on Crofting The Committee of Inquiry on Crofting –’Shucksmith Inquiry’–’Shucksmith Inquiry’

A vision for the future of crofting ….A vision for the future of crofting ….

Sustaining & enhancing the population Sustaining & enhancing the population

Improving economic vitality Improving economic vitality

Safeguarding landscape and biodiversitySafeguarding landscape and biodiversity

Sustaining cultural diversity Sustaining cultural diversity

Draft Crofting Reform (Scotland) Bill Draft Crofting Reform (Scotland) Bill

The Government’s proposals…………The Government’s proposals…………

Governance Governance Crofting RegisterCrofting Register Support for Croft Housing Support for Croft Housing Occupancy Requirement Occupancy Requirement

Crofting RegulationCrofting Regulation

Refining the research themes…….Refining the research themes…….

Linking functional crofting interests to Linking functional crofting interests to a wider, more inclusive ‘place-a wider, more inclusive ‘place-based’ regional development based’ regional development agenda agenda Recasting ‘identity’ in crofting Recasting ‘identity’ in crofting

communities communities Role of community buy-outs?Role of community buy-outs? Governance arrangements? Governance arrangements?

More responsive regulation of croftingMore responsive regulation of crofting Socio-legal perspectives Socio-legal perspectives

Land management and sustainability Land management and sustainability Individual and community assetsIndividual and community assets