THE assignation of heritable farm tenancies for value took a huge step towards reality this week when the Scottish Government's RACCE committee approved the process by a majority of seven to two in the Stage 2 committee proceedings.
Understandably, the Scottish Tenant Farmers Association warmly welcomed the vote, while the crestfallen Scottish Land and Estates maintained legal rights had been breached and that assignation should only have been granted for change to a fixed date tenancy.
For its part, the Scottish Government believes that the legislation when/if enacted will be robust enough to withstand any legal challenge.
Only time will tell. It would, however, be a great pity if the will of Parliament was to be dragged through a lengthy, inevitably bitter and costly legal process.
The very foundations of the Scottish Parliament would be shaken to the core if, for the second time in less than 15 years, its land tenure legislation was found to be legally incompetent - not to mention the laughing stock those currently in power would become.
If for no more than that reason alone, The Scottish Farmer hopes that ScotGov's legal eagles have done their homework on this one.
One added point: It is hard to understand the reasoning behind those advocating assignation for 25 or 35 years. That is merely deferring the solution for a generation.
If history has taught us nothing else, it surely must be that, particularly on tenancy matters, problems must be faced head on and firm decisions taken.
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