The Scotland Bill

Written evidence submitted by Community Land Scotland

Future Management of the Scottish Crown Estate

1. Community Land Scotland notes that both the Calman Commission and the subsequent Scotland Bill 2010 (the Bill) have highlighted the matter of the Crown Estate in Scotland.

2. Community Land Scotland believes that the time is now right to correct the change made in 1832, when the powers of administration of the Scottish Crown Estate were transferred to London. Scotland was a very different place in 1832, the time of the Reform Acts and a few years after the visit of the George IV to Edinburgh. The 179 years that elapsed since then has been a comparatively short period in the life of the Crown of Scotland.

3. While the Bill proposes that there be a Scottish Commissioner, there is no proposal on the power of direction. We believe that this power should not remain with the Secretary of State for Scotland, being remote from the management of Crown property rights. We therefore believe that the power of direction be vested in Scottish Ministers. Prior to the establishment of the Crown Estate Commissioners in 1956, the Commissioner of Crown Lands for Scotland was democratically elected, being the Secretary of State for Scotland. The situation is quite different now, following the re-establishment of the Scottish Parliament.

4. Given that the overall aim of the Scotland Bill is to ‘further empower the Scottish Parliament’, it would seem entirely appropriate that the ‘Scottish Commissioner’ proposed in the Bill should be entitled the ‘Commissioner for Scotland’ and that the post-holder be the First Minister of Scotland.

5. Further, we believe that the Crown Estate Commissioners, as a body with no democratic accountability in Scotland should not be involved in the important future management of the Scottish Crown Estate. Responsibility for the management and revenues of all Scotland’s Crown property rights on land and sea should come together under the full jurisdiction of the Scottish Parliament.

6. Members of the Scottish Affairs Committee are in a pivotal position that can influence the course of history and the Nation looks to you to serve us well. History awaits this decision.

January 2011