Use energy to win independence, rather than independence to win energy

“The problem with the idea of cause and effect is that what is deemed the cause is an effect.” –  Mokokoma Mokhonoana

This blog post previously appeared in The National as part of Common Weal’s In Common newsletter.
If you’d like to support my work for Common Weal or support me and this blog directly, see my donation policy page here.

Scotland doesn’t need independence to start owning our own energy.

It feels like 2025 has come full circle for us at Common Weal. January started for us with an announcement from the Scottish Government that it was “not possible” to bring Scottish renewable energy into public ownership – an announcement made after the publication of a poll showing that more than 80% of people in Scotland favoured them doing so. We responded with a briefing paper called “How to own Scottish energy” which laid out the logic behind their announcement, why that logic was flawed and how they could bring energy into public ownership despite their own objections.

In short, the Government’s stance is based on an extremely narrow reading of the Scotland Act which actively prohibits the Scottish Government or Scottish Ministers from owning electricity generating, storage or transmission assets. Under this reading, there cannot be a “National Electricity Company” designed and owned in the same way as some public corporations in Scotland like CalMac or ScotRail.

However, we showed in our paper that various options were not blocked by this prohibition. For example, a Minister-owned “National Heat Company” could be designed to build and own district heat networks to keep us all warm (the prohibition is specifically about electricity, not other forms of energy). The Government could also build a National Energy Company and hand ownership over to a consortium of Scotland’s 32 Local Authorities. Or each Council could own their own energy companies. Or the Government could back the creation of a private energy company that is mutually owned by every adult resident of Scotland. Or, instead of complaining about the limits of devolution, they could be applying pressure on the UK Government to amend what is very clearly a completely obsolete prohibition in the Scotland Act (especially as a narrow reading of it also prohibits the Scottish Government from erecting solar panels on its own buildings).

Come forward now to December and the SNP have kicked off their 2026 election campaign with a new paper essentially saying the same thing as they did earlier this year except framing it around “we’ll do it, but only after independence”. On public ownership in particular, they aren’t advocating for the full-scale nationalisation of energy but their ambition appears to extend only to communities owning up to 20% of local renewable projects.

20% is far better than the current level of a rounding error above 0%, but it’s clear that even within devolution, the Scottish Government could do far more than it’s currently doing to support communities by giving them grants and loans to purchase stakes in developments, to pressure developers to sell or grant those stakes to communities as a condition of planning permission or the renewal of licences and to actively use opportunities like the “repowering” of developments, the end of their licence periods and break-clauses in contracts that would allow poorly performing developers to have their licences withdrawn and transferred to public bodies (in much the same way as the Government took ScotRail back from Abelio in 2022)

This doesn’t get the UK Government off the hook though.

Their recent announcement that some £28 billion will be added to consumer energy bills to pay for vital energy grid upgrades is going to stick in the craw of people whose energy bills are already too high. Worse will be that most of the profits of that investment will flow into multinational companies – including foreign public energy companies – with none returning to the consumers themselves. These investments, too, should be made on a staked ownership basis so that the people paying for them – us – should become shareholders in the investments and see a return on our investment. To make things perfectly clear, if the UK Government had announced that it was going to fully publicly own the assets built via this spending, then the added costs on your bill would be the same. In other words, the choice to publicly own the UK’s new energy assets will cost you the same as the choice to leave them in private hands.

“Can’t we use our public owned energy to help win back our independence, rather than claiming more weakly that we can use independence to win back our energy?”

The same will be true of assets in an independent Scotland – but given the Scottish Government’s “all in” approach to “inward investment” (something their plan published this week mentions more often than public ownership), I can completely see them making the same mistake and forcing us to pay for assets that someone else will profit from.

I freely admit that there are aspects of Scotland’s energy transition that are not in Scotland’s hands and which are not likely to be easily negotiated away as part of an adjustment to devolution such as Scottish consumers being forced to pay for extremely expensive and risky nuclear projects that even NESO (formerly, the National Grid) now says are not needed to meet Green energy targets but this does not let the Scottish Government off from making the changes it can make now rather than using the dangling carrot of independence as a means of delaying action. If anything, independence will come less from making a promise that might be fulfilled afterwards but by taking tangible actions now that push devolution to the limit and then saying to voters “if you want more, you know what to do”.

If it truly is, as the Scottish Government says, Scotland’s Energy – then shouldn’t we take back as much as we can now as use that as leverage to win the rest? Can’t we use our public owned energy to help win back our independence, rather than claiming more weakly that we can use independence to win back our energy?

Communities have been priced out of owning Scotland

“My people are few. They resemble the scattering trees of a storm-swept plain…There was a time when our people covered the land as the waves of a wind-ruffled sea cover its shell-paved floor, but that time long since passed away with the greatness of tribes that are now but a mournful memory.” – Chief Seattle, Chief Seattle’s Speech (1854)

This blog post previously appeared in Common Weal’s weekly newsletter. Sign up for the newsletter here.

If you’d like to support my work for Common Weal or support me and this blog directly, see my donation policy page here.

Two new reports show that the rate of land transfers to community ownership in Scotland has dropped to the lowest level since the start of devolution and that a poll of the Scottish public shows near-unanimous support for more land reform over and above that which may be delivered by the recent Land Reform Bill.

The recently passed Land Reform Bill is simultaneously “the most radical land reform legislation in the history of devolution” (the Government’s characterisation of it) and so weak that even before it has achieved Royal Assent, 96% of people polled say it doesn’t go far enough and that they want more. Who the other 4% are is not known but they’re probably the kind of person who would answer in the negative to a question like “Are puppies cute?”

How these two statement can both be true and accurate is a reflection not of the strength of the 2025 Land Reform Bill but a reflection of the weakness of the previous round of land reform in 2016.

This Bill was designed to strengthen community right to buy rules laid down in yet still previous land reform attempts in 2015 and 2003, specifically granting Ministers the power to force a compulsory sale of sale to communities for the purposes of sustainable development even if the land owner wasn’t willing to sell or couldn’t be identified.

A few years ago, I wrote an analysis of a report published looking at the rate of transfers of land to Scottish communities since the start of devolution. The results were stark. It found that despite the 2016 round of reforms being specifically aimed at making community land transfers easier, there were serious other barriers looming. In particular, the assets being transferred were getting smaller and smaller even though the overall number of transfers were still proceeding steadily. What this meant is that where before a community might have been able to enact a community buyout of the entire estate on which they lived or their local wind farm, communities were instead only buying out perhaps their village hall or even just the old phone box to turn into a medical station or pop-up craft store.

I’m not berating some of these initiatives as they are undoubtedly a good thing. I’m not even trying to suggest that communities lack ambition in their purchases. I’m saying that they are being blocked from realising their ambition by land prices surges that are making it impossible to purchase land.

One of the aspects of the latest Bill is that communities must be notified ahead of a large land sale and must be given time to put together a purchase bid. But if the price is still so high that they cannot put together the cash regardless of time, then the notice is merely an insult added to the injury.

Move forwards three years to now and that community land report has been refreshed and brought up to date. Unfortunately, the results are even worse now. In the years between 2000 and 2023, an average of 7,023 hectares of land were transferred to community ownership each year. In 2024, just 8.46 hectares were transferred to community ownership. This is the lowest rate of transfer in a single year since 2000.

Worse, the total number of transfers has fallen off a cliff too. From a peak of 80 transfers in 2021, Scotland only transferred 23 parcels of land to communities in 2024.

Now, that peak of 80 in 2021 does show some evidence of delays caused by Covid in 2020 but even then, while the country was in total lockdown for much of that year, 43 transfers were made covering 423 hectares. In 2020, during the worst global pandemic of a lifetime, Scotland managed to transfer to community ownership 50 times as much land as it was able to do in 2024.

The drop in 2024 represents a total reversal of the progress made from 2014 which saw a substantial and sustained rise in communities being able to buy the land under their feet. These results show that far from the 2016 Act accelerating land transfers, they have almost halted since then. 95% of all of the land in community ownership in Scotland was transferred to communities before the 2016 Act took effect.

“The latest round of Land Reform clearly won’t be enough to fix this problem and it’s clearly not enough to satisfy what is as close to a unanimous poll of the Scottish public as it is practically possible to find.”

I believe that the reason for this stagnation is the same as the one I noted in 2022. Scottish land prices are being inflated beyond any reasonable expectation by speculators going all in on buying up land for carbon offsetting, encouraged by a Scottish Government that is similarly all in on encouraging “foreign direct investment” as the sole tool of boosting Scottish GDP, regardless of the cost to our future economy or our present communities.

The thing is though, I wonder if the votes on the Land Reform Bill might have been different had this latest report been public knowledge before it passed. It would have been valuable leverage for those campaigning for strong powers of community buyouts in that Bill. It might well have led to amendments designed to counter this trend of people being priced off the land.

I wonder why the Government didn’t publish this report then or even allude to its findings via its own amendments. I’m fairly sure that they would have had advance knowledge of the findings of the report to some degree (I know this because I recently had a Freedom of Information request on another issue knocked back on the excuse that while the Government had the data, it was due to be published anyway within a couple of months – which it duly was). Yet little was said during the various debates around this Bill.

The latest round of Land Reform clearly won’t be enough to fix this problem and it’s clearly not enough to satisfy what is as close to a unanimous poll of the Scottish public as it is practically possible to find. This is clearly an issue that must be revisited in the next Parliament. We’ll be keeping a close eye on manifestos as they are published and, of course, we’ll continue to campaign (with your support) for real land reform so that Scotland can start working for All of Us, rather than just the very few who can afford to buy the land under our feet.