Crofting Convener seeks to stop SRDP funding for Common Grazings

I don't believe it - Crofting Commission up to their neck in it

“I don’t believe it!”

Whilst the media concentrated last week on Fergus Ewing’s letter to Colin Kennedy stating that the Scottish Government disagreed with the way the Common Grazings debacle had been handled there was another significant element to his letter. This was that:-

there is nothing in the CAP rules that prevents the Scottish Government approving applications for SRDP funding in respect of a common grazings by a Grazings Committee.

This would suggest that the Convener of the Crofting Commission was seeking to prevent common grazings committees receiving SRDP funding! Why on earth would a crofter elected to represent the interests of crofters on the Crofting Commission seek to do that?

Furthermore what does SRDP funding have to do with the crofting regulator? Absolutely nothing!

It is worrying indeed that the Crofting Commission and/or their Convener might be spending any time or resources at all on seeking to deprive grazings committees of funding in the first place never mind them seeking to divest those committees of monies as soon as received.

It was made clear in the letter that this view on SRDP funding was Colin Kennedy’s own view and not one shared by the Board of the Crofting Commission. I will explore that fact further in my next blog post.

Brian Inkster

Image Credit: ©BBC – Victor Meldrew in One Foot in the Grave

Statement by Crofting Commission gets no better in Gaelic

Crofting Commission Statement no better in GaelicIt was previously raised on this blog that the statement made by Crofting Commissioner Murdo Maclennan after the board meeting on 17 August was fairly unintelligible.

This was a statement made by him, on behalf of the Crofting Commission, following discussion by them of the letter from Fergus Ewing MSP, the Cabinet Secretary with responsibility for crofting, on the Commission’s handling of the common grazings debacle.

That statement was made by Murdo Maclennan in English. He made another statement on the same day to the media in Gaelic. That Gaelic statement was broadcast on BBC Radio nan Gaidheal’s Aithris an Fheasgair on 17 August 2016.

The Crabbit Crofter has made as accurate a transcription and translation into English from Gaelic as he could of this statement, and that as follows:-

…that was in the letter and…um…and…eh…the Convener made…eh…he brought the letter to the board…about it…as I said…as…as…every public board is anyway…there will be different opinions…and we came…we talked about it and we came to the conclusion…everyone in the…everyone in the Commission was behind…as I’m saying…and accepted it.

Unfortunately in these two villages that…they didn’t come to an agreement…there wasn’t an agreement…between the people who raised the topic and…and…eh…the township committees themselves but…but that’s past now…and…and we are working eh with…as in Upper Coll…we have got a Constable who is working with crofters in the village…and…and…I am finding out he is working well with them…eh… unfortunately …I said that it was…it came to this…but we think we did the right things for the township.

Well, no better or any more understandable than the statement made in English!

Interesting that in this statement Murdo Maclennan speaks specifically about an apparent lack of agreement in two villages (there were actually three involved: two on the Isle of Lewis and one on the Scottish mainland) but “that’s past now”.

It may be in the past in the Commission’s eyes but it is what Fergus Ewing’s letter was all about and crofters still want answers as to why the Commission took the action that they did and assurances that they will never do so, in such circumstances, again.

The Commission’s current policy on this matter, in light of the letter from Fergus Ewing MSP, must be made clear and this statement goes nowhere near doing so.

Murdo Maclennan says “we have got a Constable”. Is this, yet again, the Commission thinking the constable is their man on the ground rather than an independent party distinct from the Commission who simply takes the role of clerk/committee?

In any event the grazings constable in question is illegal! If the Crofting Commission are now accepting that they got it wrong, in light of Fergus Ewing’s letter, does it not follow that they are accepting that they got it wrong in relation to the appointment of constables?

The Crofting Commission, via Murdo Maclennan seems to think that the illegally appointed constable in Upper Coll is “working well” with the crofters in the village. Certainly not the message being given out loud and clear by many of  the crofters in the village who have stated that to date they have “only been co-operating with the constable under duress”.

Also Murdo Maclennan said, on behalf of the Crofting Commission, that they think they “did the right things for the township”. That is not what the majority of crofters or the Scottish Government seem to think. Also is that statement actually reflected in the massive U-turn the Commission took over Mangersta?

All and all it still seems to be a shambles. The Crofting Commission appear to say, perhaps reluctantly, on one hand that they agree that they got it wrong (i.e. in support of the Scottish Government position) but on the other hand they still think that they did the right thing. Those two viewpoints cannot sit easily side by side.

However, the statements made on behalf of the Crofting Commission by Murdo Maclennan, both in English and in Gaelic, are far from clear in any event and are open to misinterpretation.

The Crofting Commission must, in all the circumstances, publish a written statement in clear English and Gaelic (each one being a direct translation of the other) that sets out their actual position on the matter. This should, in any event, have been done as a matter of course immediately following their board meeting last Wednesday.

Brian Inkster

Decisions “have been divisive, unacceptable and not in line with crofting law”

Scottish Crofting Federation welcomes intervention by Cabinet SecretaryIn a statement issued today the Scottish Crofting Federation (SCF) has welcomed the intervention of rural affairs secretary Fergus Ewing MSP in his letter to Colin Kennedy, Crofting Commission convener.

SCF chair, Fiona Mandeville, commented:-

We are pleased that the Scottish Government has finally endorsed what we and others have been saying for months, that the actions of the Commission convener, and the decisions he appears to have forced through, have been divisive, unacceptable and not in line with crofting law.

While Mr Ewing’s letter is not yet in the public domain, its contents have been summarised and made public. It is clear that the Scottish Government is as concerned as the SCF and all who care about crofting. BBC’s Jackie O’Brien has seen the letter and reports that the Government’s view is diametrically opposed to Mr Kennedy’s and that it is not sustainable for the Scottish Government and one of its public bodies to take opposing interpretations of the law.

Ms Mandeville continued:-

The secretary for rural affairs has written a direct personal reprimand to the convener, who should now do the honourable thing and stand down right away.

Commissioner Murdo Maclennan’s apparent assertion after the Commission’s recent board meeting is that the board is backing Kennedy.  Does the Crofting Commission convener agree with the board? Does the board unanimously support the convener? It is natural for a board to attempt to portray a consensus, but is this really the case?

Fergus Ewing, in his letter as reported by the BBC, expresses his grave concern that policy decisions may be taken without a clear mandate from the Crofting Commission’s board. This suggests such concerns are also held by Scottish Government.

Colin Kennedy must accept the reality that it is time for him to go.

Fudged response from Crofting Commission

Fudged response from Crofting CommissionFollowing the revelation this morning that the Cabinet Secretary for the Rural Economy and Connectivity, Fergus Ewing, has stated in a letter that he wholly disagrees with the Convener of the Crofting Commission, Colin Kennedy, over the handling of the common grazings debacle, I said that I awaited the Commission’s response with bated breath.

When it came this afternoon it was a fudged response which unfortunately but perhaps unsurprisingly did nothing to restore the faith of crofters in their regulator.

BBC Radio Scotland Newsdrive this afternoon aired a statement by Murdo Maclennan, Crofting Commissioner, who said on behalf of members (the Convener, Colin Kennedy, again conspicuous by his absence in front of the media):-

Once the letter was received the Convener convened a meeting of the Commission.

We had a full debate about it. As within every public body there are different views but at the end of the day we came to a unanimous decision on it and that has been conveyed to the minister.

So the position of the Scottish Government is one which we fully support and in a sense have never adversely had taken any adverse effect or decision regarding the Crofting Commission in relation to it.

I was then interviewed by BBC Radio Scotland Newsdrive and said:-

I can’t see how the Crofting Commission can take that view. I mean it has been made absolutely clear to them, from what I can understand, that they got it wrong and for them to think that in some sort of way that they didn’t is beyond me.

There needs to be clarity from the Crofting Commission. In light of the letter from Fergus Ewing I would have thought it would be a case of them holding their hands up in the air and saying “sorry we got it wrong, we apologise and we are going to do things to make this right and not happen again”.

But that is not what they have done or doesn’t seem to be what they have done so far.

Further comment by the Crofting Law Blog

Murdo Maclennan on one hand says that the Commission fully supports the position of the Scottish Government (i.e. that the Commission got it wrong) but on the other hand suggests that the Commission never did anything adverse to that position (i.e. didn’t do anything wrong?)!

Again this is done in a way that would not have been out of place in an episode of Yes Minister. Sir Humphrey Appleby would have delighted in the obfuscation and manipulation displayed with the almost unintelligible statement that:-

in a sense [the Commission] have never adversely had taken any adverse effect or decision regarding the Crofting Commission in relation to it.

That is I believe fairly accurately transcribed having listened to the recording on BBC iPlayer several times. Make of it what you will but my reading is a denial of wrongdoing. We may, of course, receive a Trump like retraction tomorrow that there was any meaning of the sort intended.

However, it is high time that the Crofting Commission gave crofters clarity over this matter. Crofting law may be complex but the utterings of the Crofting Commission are more complex and harder to decipher still.

The Scottish Government have told the Crofting Commission in no uncertain terms that they got it wrong. If they actually support that view then they should come out straight and admit that they got it wrong and apologise to the grazing committee members that they have wrongly tarnished and accused of wrongdoing. Unless and until they do so in clear and unambiguous terms no one can have any faith in anything that they do or say.

Brian Inkster

Cabinet Secretary “wholly disagrees” with Crofting Commission Convener

Fergus Ewing v Colin Kennedy

A clash has begun between Fergus Ewing MSP and Colin Kennedy

Breaking news on BBC Radio Scotland this morning:-

The BBC has seen a letter written by the Cabinet Secretary for the Rural Economy and Connectivity, Fergus Ewing MSP, that says he “wholly disagrees” with the Crofting Commission’s stance on Common Grazings Committees and the distribution of funds received by them.

BBC Scotland reporter Gary Robertson said:-

The Scottish Government is going head to head with the Convener of the public body responsible for crofting.

In a hard hitting letter seen by BBC Scotland the rural affairs secretary, Fergus Ewing, has told the Convener of the Crofting Commission that he wholly disagrees with his handling of a bitter dispute over shared land in the Western Isles.

BBC Scotland reporter Jackie O’Brien has seen the correspondence and Gary Robertson asked her what the background was.

Jackie O’Brien said:-

Well this has been a protracted and slightly complicated dispute involving the way that the ground crofters share is managed through what they call common grazings committees which are made up of crofters.

Now earlier this year two committees on Lewis, one in Mangersta and the other in Upper Coll, were removed from office by the Crofting Commission.

This happened after questions were asked over financial records and some transactions including the fact that the Upper Coll committee had not distributed or as they call it disbursed income from croft house sites to individual crofters but had put all of the money into a crofting township fund instead.

Now the Commisssion in the meantime appointed what they called constables to manage the land whilst committee accounts were investigated.

One of the committees has been reinstated but there is still annoyance and outrage over the way that this whole affair has been handled. Some say it is belligerent and unlawful and there have been calls for the resignation of the Crofting Commission Convener, Colin Kennedy.

Gary Robertson asked:-

So what exactly does Fergus Ewing say in this letter?

Jackie O’Brien responded:-

Well the rural affairs secretary has been trying to calm the waters and has been quite diplomatic on this to date. But there is no sign of it in this letter which I have seen that he has sent to Colin Kennedy.

He confirms that contrary to Mr Kennedy’s views the Crofters (Scotland) Act does not require the immediate disbursement or pay out of funds by a grazings committee. He says that as it currently stand the Scottish Government sees little merit in the Crofting Chairman’s views which he says he wholly disagrees with.

The letter goes on to say that the Government’s view is diametrically opposed to Mr Kennedy’s and that it is not sustainable for the Scottish Government and one of its public bodies to take opposing interpretations of the law.

Gary Robertson then asked:-

Any response from Colin Kennedy himself?

Jackie O’Brien confirmed:-

I did speak to him last night. He is adamant that he has done nothing wrong. He claims that all of the decisions which have been made have been made during/since he has been Convener have been based on papers supplied by the Commission’s executive.

He has also insisted that not a single matter on this has ever had to go to a vote or at board level and he says that all decisions are taken by means of reasoned debate and consensus.

Gary Robertson then asked Jackie O’Brien:-

What is your sense of the implications of this clash?

Jackie O’Brien responded:-

Well the contents of this letter shows the Government is clearly pointing the finger at Mr Kennedy who is an elected Convener. This is backed up by the fact that Fergus Ewing has said in his letter that he is also very concerned about the risk that policy decisions may be taken without a clear mandate from the Crofting Commission’s board. This implies that not everyone on the board supports the way things have been handled.

Now the Commission’s board does happen to be meeting today, and in his letter Fergus Ewing has asked for its position on the matter to be made clear after this meeting. But he warns that if the Commission continues to subscribe to an entirely different view he will then have to consider what action to take. It is not clear what that action could be but that could put further pressure on him to resign.

View from the Crofting Law Blog

The Scottish Government clearly takes the same view regarding the law on the common grazings debacle taken from the outset on the Crofting Law Blog. It is good that they have done so and made their position clear in such strong terms.

The law on the matter has in my view been fairly clear. It is also, it transpires, clear to the Scottish Government.

Why has it been so unclear to the Crofting Commission?

Despite repeated requests from me to the Crofting Commission asking them to justify their position with reference to statute and case law they have failed to do so. They have simply ignored me. If they had papers from their executive that backed up their position in law surely they would have referenced those to me.

The Chief Executive of the Crofting Commission, Catriona Maclean, suggested in a meeting of the Scottish Government Crofting Stakeholder Forum that the law on the matter would follow “in due course” after the Commission had drawn up new guidelines for grazings committees to follow. Putting the cart before the horse was never a good idea!

The Convener of the Crofting Commission, Colin Kennedy, has said to BBC Scotland that the Commission were following advice given in papers produced by their executive. Oh no they weren’t! The Crofting Commission specifically ignored the advice given by the executive and appointed grazings constables in circumstances where they knew that to do so was illegal. How many other times has this happened?

Furthermore, it should not be forgotten that a paper [PDF] was considered by the Crofting Commission at a February 2016 Policy in Development meeting. In that paper it was, somewhat alarmingly, stated:-

There is a degree of irony in that the Commission may be requiring grazing committees to adhere to regulations while not being clear about the procedure it is itself employing in directing this.

Thus did the Commission actually have papers from the executive to consider when making some of their decisions or were they simply making it up as they went along?

We also, of course, know that the Commission has chopped and changed its position on the matter, tried to hide the fact they have done so and ultimately made a massive U-Turn. Does that demonstrate having done nothing wrong?

In light of the stance now taken by the Scottish Government against the Convener surely his tenure in office must be in question more so than it ever was. Especially if he continues with the adamant view that he has done nothing wrong when all of the evidence that has so far come to light would perhaps suggest otherwise.

The Crofting Commission are having a board meeting today. On the agenda [PDF] is ‘Grazings committees – a practical approach to the management of common grazings’ with a paper on that topic for discussion. A practical approach would no doubt be a welcome approach from most crofters. But let’s hope the Commission have now got a clear understanding and grasp of what the law actually is when applying a practical approach.

A little bit of humbleness, signs of regret and an apology would not go amiss at today’s meeting in light of the letter from Fergus Ewing.

A statement from the Crofting Commission on the outcome of today’s meeting is awaited with bated breath.

Brian Inkster

A “big step” or a just step?

Lucy Carmichael from the Scottish Government Crofting Policy Team at the Lewis and Harris Crofters meeting in Stornoway on 3 August 2016My last post considered the overwhelming view of Harris and Lewis crofters that the Convener of the Crofting Commission, Colin Kennedy, must go given his role in the alleged abuse of power within the Crofting Commission dubbed ‘The Common Clearances‘.

But despite many calls over several weeks for him to consider his position there is no sign of him stepping down anytime soon. In the absence of him doing the right thing is it time for the Scottish Ministers to force his hand?

This issue was raised at the meeting in Stornoway on 3rd August. This is how the West Highland Free Press reported the view thereon by Scottish Government crofting policy officer Lucy Carmichael and my response thereto:-

Ms Carmichael explained that the way crofting legislation is framed the only recourse available to crofters is to mount a challenge in the land court.

However, that was fiercely disputed by Mr Inkster who said that as the commission is a statutory body under the control of the Scottish Government it was perfectly legitimate for ministers to intervene if they felt it appropriate.

But Ms Carmichael felt that would be a “big step” – a statement which drew a sharp intake of breath from the audience, particularly those in Upper Coll who felt their removal from office was equally a big step and, indeed, unconstitutional.

Mr Inkster said that the commission had knowingly gone against their own legal advice, changed the guidance to common grazings committees and misinterpreted crofting legislation. “It is hard to see under such circumstances that anyone can have any confidence in any new guidance given out by the commission,” he said.

I would point out, if I recall correctly, that Lucy Carmichael also made reference to the Scottish Public Services Ombudsman and the Commissioner for Ethical Standards in Public Life in Scotland as other possible routes of recourse that crofters could take in addition to or instead of action via the Scottish Land Court.

Brian Inkster at the Lewis and Harris Crofters Meeting in Stornoway on 3 August 2016

In my very first blog post on the alleged abuse of power within the Crofting Commission I said, in connection with the removal from office of the Upper Coll Grazings Committee,:-

I would strongly suggest therefore that the Crofting Commission should, in all the circumstances, review this extraordinary decision. If they fail to do so the Scottish Government should maybe question the behaviour involved and perhaps even consider removing the commissioners responsible as “unsuitable to continue” as members. A power that the Scottish Ministers have at their disposal under the Crofters (Scotland) Act 1993. That may be seen by many as a more reasonable and justified use of power than that employed by the Crofting Commission.

46 blog posts on the common grazings debacle later and I am firmly of the view that it would indeed be a more reasonable and justified use of power than that employed by the Crofting Commission.

The evidence is now clear. The Crofting Commission have been exposed to knowingly acting illegally, clearly acting illogically, operating like a kangaroo court, creating conflicts of interest, brazenly deleting its own history and attempting to deny that history. They have been party to intimidation and bullyingobfuscation and manipulation, controlling grazings constablesflouting the will of Parliament and ignoring the law/lawyers. But ultimately they have made a massive U-turn which is nothing more than a clear admission that they got it wrong. They have cost the public purse a huge amount of money.

It is, in light of all of this, not a “big step” to remove a commissioner. It is an obvious step and a just one.

Brian Inkster

Images Credit © BBC Alba

Crofting Convener must go

Crofting Convener must go - says Lewis and Harris Crofters MeetingThe overwhelming message that came out of the Lewis and Harris Crofters’ Meeting was that the Convener of the Crofting Commission, Colin Kennedy, must go.

Over 80 people attended the meeting, organised by the Scottish Crofting Federation, in Stornoway Town Hall on 3 August.

I will reproduce some of the reports of the meeting that have appeared in the media.

“Lack of Trust” in the Crofting Commission – BBC Naidheachdan

On Wednesday night, more than 80 people gathered at a meeting in the Stornoway town hall to discuss the impact of unrest/conflict between the Crofting Commission and the Grazing Committees.

They put forward a vote of no confidence in the commission, and agreed that Colin Kennedy should resign from his position as the convener of the Crofting Commission.

The Commission had no official representation at the meeting.

Iain MacIver who is himself a Township Clerk said:-

The turnout tonight shows the interest in crofting, and how worried people are of the situation as it is now that they understand it.

It is easy to see that people are very angry about the way in which some of the villages were dealt.

They want to see how the Commission works, and how the law works, lessons to be learnt so that crofting stands in a better position.

The lack of trust vote shows the feelings that are there, but at the end of the day it is up to the government what they are going to do.

I think that the thing that worried people most, was if the people going forward were to be idle in their roles as Town Clerk , and also the Commission itself with the situation as it is now.

But we hope in the coming months that people will gain confidence and be given the right guidance so that crofting can be strengthened, instead of weakened, and that the Government endeavours to make this happen, and that they won’t ruin it as people suspected they would.  That was the consensus this evening.

Crofters make it clear: The Commission can stay but the Convener has to go – Scottish Crofting Federation

A meeting attended by eighty crofters in Stornoway concluded that a Crofting Commission is good for crofting, but it is currently not fit for purpose so the convener, Colin Kennedy, must go.

A crofting meeting organised by the Scottish Crofting Federation held in Stornoway last week, attended by eighty crofters from townships all over Lewis and Harris, gave a clear message to the Scottish Government: the convener of the Crofting Commission must step down; the Upper Coll grazings committee must be re-instated; the current Crofting Commission must be sorted out by Scottish Government but, nonetheless, a Commission is essential to crofting.

Vice-chair of the Scottish Crofting Federation (SCF), Russell Smith, said:-

It was a loud and clear message coming out of a very lively but thoughtful discussion. This is not knee-jerk reaction; the attack on common grazings committees by the Crofting Commission has been on-going now for several months so crofters have had plenty of time to think about this. It is not surprising that there is a call for the convener of the Commission to stand down and for deposed committees to be re-instated. It is perhaps more notable that, despite what is widely regarded as very poor behaviour, the Crofting Commission is still wanted, albeit following a thorough review and improvement of procedures. I think that this is a very sensible approach.

The meeting heard presentations from representatives of the removed Lewis grazings committees, SCF, Inksters Solicitors and Scottish Government, not only on the topic of the Crofting Commission but also on CAP, support to crofting and advocacy for crofting. The meeting, that sometimes became quite heated, was well-chaired by SCF member Donald MacSween.

Mr Smith continued:-

We can understand the Scottish Government’s reluctance to interfere with a majority-elected body, but the meeting was united in its view that the Scottish Government does have to intervene in this circumstance. The procedures of the Commission clearly need to be investigated and modified to stop this sort of thing happening again. The Crofting Commission may well be an ‘arms-length government body’, but the Scottish Government still has a responsibility to make sure that the Commission operates in a fair and reasonable manner – and does possess the powers to intervene, for example by removing a Commissioner, if it sees fit.

Following discussions a vote was called on the motion:-

this meeting has no confidence in the existing Crofting Commission and supports the SCF call for the resignation of the convener Colin Kennedy.

The motion was passed by an overwhelming majority.

Anger in Stornoway aimed at commission – West Highland Free Press

The sense of anger at the recent actions of the Crofting Commission was laid bare at a public meeting in Stornoway last week attended by over 80 people, which delivered an overwhelming vote of no confidence in the organisation and called for the resignation of its convener Colin Kennedy….

As the meeting was drawing to a close a vote of no confidence in the existing commission was passed as well as a call for the resignation of its convener. An overwhelming majority supported the moves with only five of those present against – three of whom are the crofters in Upper Coll who raised the original complaint against the committee, including a father and son.

The Crofting Commission’s Response – Island News and Advertiser

The Crofting Commission is committed to working positively with grazings committees and crofters. At present, the Commission is undertaking an examination of the circumstances of the recent cases, so that any lessons learnt can inform future procedures and decision-making.

A majority of the Crofting Commissioners are elected by crofters, with no involvement on the part of Commission staff in the process, so any consideration of their position is a matter for the individual Commissioner.

It should not be forgotten that consideration of the position of Crofting Commissioners is also a matter for Scottish Ministers and I will look at that further in my next post.

Brian Inkster

Image Credit: © BBC Alba

The cost of the Common Clearances

The Cost of the Common ClearancesIn my last post I revealed how much the grazings constables (appointed illegally in my opinion and in the opinion of others, including knowingly by the Crofting Commission itself) were being paid.

But what has been the overall cost of the alleged abuse of power within the Crofting Commission that has been dubbed ‘The Common Clearances‘?

A Freedom of Information request has disclosed that as at 1 July 2016:-

  • Colin Kennedy, Marina Dennis, William Swann and David Campbell (all Commissioners) together with a member of staff travelled to Stornoway to attend a meeting of the Mangersta shareholders on 16-17 May 2016 at an overall costs including flights, accommodation and subsistence of £2,005.
  • Donna Smith (Crofting Commission member of staff) and Colin Souter (‘Grazings Constable’) went to visit Upper Coll shareholders on 23 June 2016 at a cost of £852.40.
  • The cost of the ‘grazings constables’ as disclosed in my last post was £5,886.85.
  • Thus adding these figures together gives a total cost of £8,744.25.

But that figure is very much the tip of the iceberg.

There was an earlier visit to Lewis by the Crofting Commission to meet shareholders at Upper Coll before the decision was taken to remove the grazings committee from office.

There is the huge number of hours spent by Scottish Government officials, Crofting Commission officials and Crofting Commissioners on the debacle.

There is the legal expenses incurred by the Crofting Commission which reputedly includes the engagement of external counsel.

One of the grazings constables purports to still be in ‘office’ carrying out wholly unnecessary and dubious activities that he will no doubt still be paid for.

All costs that could and should have been avoided and better spent on the legitimate and proper regulation of crofting.

But perhaps more significant is the human cost. Something that cannot be quantified in pounds, shillings and pence. The devastating affect that the Crofting Commission has wrought on crofting communities with accusations of financial impropriety that have ultimately been withdrawn or still remain hanging.

One final observation: Why did the Crofting Commission meet the costs of their Convener, Colin Kennedy, attending the meeting in Mangersta in May 2016? He was not officially supposed to be there, he had a conflict of interest that was acknowledged but he insisted on attending albeit in silence. Was he doing so in a personal capacity rather than an official one? Whatever the position should the Crofting Commission have been meeting his travel and accommodation costs? A question (amongst many others) for Audit Scotland to answer perhaps.

Brian Inkster

How much are Grazings Constables paid?

How much are Grazings Constables paid

Hey… why are you getting £30 per hour and I’m not?!

In my last blog post I looked at who pays the Grazings Constables. This post will disclose how much they get paid.

In comments on the Island News & Advertiser when they published a letter from Colin Souter, the grazing constable for Upper Coll (illegally appointed in my opinion and the opinion of others, including the Crofting Commission itself) it was suggested that the going rate was £30 per hour.

Colin Souter disputed this figure. As that was, apparently, the figure obtained via a Freedom of Information (FOI) request in connection with the remuneration of the Mangersta Grazings Constable then perhaps different grazings constables have been paid different rates. If so then this would reveal yet more inconsistencies on the part of the Crofting Commission!

Another FOI request has disclosed that as at 1 July 2016 Donald Harrison (Mangersta Grazings Constable) had been paid or was due to be paid £4,659 and Colin Souter (Upper Coll Grazing Constable) had been paid or was due to be paid £1,227.85.

The Mangersta Grazings Constable had been carrying out activities (albeit illegally) much longer than the Upper Coll one at that point. Today the Mangersta Grazings Constable is no longer in ‘office’ but the Upper Coll one still purports to be and is no doubt still accepting payment for his activities despite the risks of so doing outlined by Donald Rennie.

Brian Inkster

Who pays the Grazings Constables?

Who pays the Grazings ConstablesWhen the Crofting Commission removed from office members of the Mangersta Common Grazings Committee they undertook to pay the costs of the (illegally appointed, in my opinion and in the opinion of others, including the Crofting Commission itself) Grazings Constable.

When the Crofting Commission removed from office members of the Upper Coll Common Grazings Committee they stated that the shareholders must pay the costs of the (illegally appointed, in my opinion and in the opinion of others, including the Crofting Commission itself) Grazings Constable.

Colin Kennedy, the current Convener of the Crofting Commission, originally stood for election to the board of the Crofting Commission after becoming disillusioned with its management. He said, at the time, that the eight crofters on the Isle of Coll had been treated ‘appallingly’ by the Commission, accusing the organisation of applying the legislation differently in one part of the country to another. If elected, he said he would strive to ensure Scotland’s Crofting Acts would be applied evenly across the board.

The opposite appears to be his actual practice.

However, as Donald Rennie has pointed out, no one should be paying illegally appointed grazings constables.

Brian Inkster