Function, place and the crofting communities of the future Dr Calum Macleod UHI Centre for Remote and Rural Studies Dr Nicole Busby Dr Nicole Busby School of Law University of Stirling

Introduction  “Communitarianism and Sustainable Crofting Communities”  Scoping study funded by Carnegie Trust for the Universities of Scotland.  Aim - To apply theoretical communitarian principles to an empirical analysis of the development and regulatory enforcement of crofting law.  Themes explored include: definitions within crofting; links between crofting, sustainable development and cultural diversity; the future regulation of crofting.

Methodology  Qualitative approach  Semi-structured interviews and focus groups* with representatives of :  Scottish Government*  Crofters Commission (*)  Highlands and Islands Enterprise  Scottish Crofting Foundation*  Western Isles Council  Scottish Natural Heritage  North Harris Trust  21 participants

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

Regulatory Framework  The Crofters’ Holdings (Scotland) Act 1886 – security of tenure, fair rents, succession, value of improvements  The Crofting Reform Act 1976 – right to buy for individual crofters.  The Transfer of Crofting Estates (Scotland) Act 1997 – community buyouts of publicly owned land.  The Land Reform (Scotland) Act 2003 – buyouts of privately owned land.  Crofting Reform etc. Act 2007

 Communitarian ideals v market realities A unique “crofting way of life”? A unique “crofting way of life”? Changing crofting demographics ‘Right to buy’ & land speculation

Weak enforcement of legislation Absenteeism Decrofting Neglect

Conceptualising Crofting Communities  Function or place? Bryden (2007) Sustainable Rural Communities in Crofting Areas: A Think-Piece for the Crofting Inquiry.

A new rural pardigim (OECD, 2006)  Competitiveness driven by local assets and resources  Broadly based rural economies (tourism, ICT etc) - not solely agriculture  Investment rather than subsidy  Involvement of different levels of government and local stakeholders

The Committee of Inquiry on Crofting – ’Shucksmith Inquiry’  A vision for the future of crofting ….  Sustaining & enhancing the population  Improving economic vitality  Safeguarding landscape and biodiversity  Sustaining cultural diversity

Draft Crofting Reform (Scotland) Bill Draft Crofting Reform (Scotland) Bill  The Government’s proposals…………  Governance  Crofting Register  Support for Croft Housing  Occupancy Requirement  Crofting Regulation

Refining the research themes……. Refining the research themes……. Linking functional crofting interests to a wider, more inclusive ‘place- based’ regional development agenda  Recasting ‘identity’ in crofting communities  Role of community buy-outs?  Governance arrangements? More responsive regulation of crofting  Socio-legal perspectives Land management and sustainability  Individual and community assets