Daily Archives: September 29, 2016

Kennedy refuses to adhere to the law

Colin Kennedy will not bow to the Scottish Government

Colin Kennedy wouldn’t comment to BBC Alba as he left the meeting at Brora Golf Club yesterday. However he decided to express his views today via The Herald.

The Herald scooped a highly unusual exclusive. They managed to get a statement from Colin Kennedy, Convener of the Crofting Commission.

Normally Colin Kennedy avoids giving statements on behalf of the Crofting Commission allowing others to do that for him. Today he gave The Herald a personal statement following calls by his fellow commissioners yesterday for him to resign after he walked out of the board meeting at Brora Golf Club.

He told The Herald:-

I have not resigned. My health has suffered in the recent weeks having been put under ridiculous pressure by the Scottish Government minister responsible, and his cohorts. They want me to sweep matters of crofting law under the carpet, because they are inconvenient politically. I refused to do that.

Has Mr Kennedy considered the health of those who have suffered from unfairly being removed from office as grazings committee members?

Mr Kennedy, in my view, seriously misinterpreted the law. He appears to have gone against advice provided to him by officials. I have asked the Crofting Commission on a number of occasions to justify the actions taken by them with reference to statutory provisions and/or case law. They have failed to do so. The best they can do is to say that a decision taken by them is a final one and cannot be revisited by them. That is to say they can, in effect, make illegal decisions and then don’t need to justify them or revisit them.

Numerous posts on this blog give reasoned legal argument as to why Mr Kennedy got it wrong. He has not, even through the pages of The Herald, sought to put forward a reasoned contrary view.

The Scottish Government has clearly taken their own legal advice on the matter and they disagree with Mr Kennedy’s view. They are his superiors and he should be accepting their direction.

Section 1(3) of the Crofters (Scotland) Act 1993 states:-

The Commission shall discharge their functions in accordance with such directions of a general or specific character as may from time to time be given to them in writing by the Scottish Ministers.

Directions have been given to Mr Kennedy. He can’t sweep Section 1(3) under the carpet and refuse to do as directed. By doing so he is flouting crofting law and flouting the will of Parliament.

Does that in itself make Mr Kennedy “unable or unfit to exercise the functions of a member” or “unsuitable to continue as a member”? [Paragraph 9(1)(e) of Schedule 1 of the 1993 Act]

Brian Inkster

Image Credit: Colin Kennedy leaving the meeting at Brora Golf Club © BBC Alba

Souter to step down “as soon as possible”

Colin Souter was about to escape the life in a goldfish bowl he had created for himself as grazing 'constable' at Upper Coll.

Colin Souter was about to escape the life in a goldfish bowl he had created for himself as grazing ‘constable’ at Upper Coll.

The Crofting Commission announced today that Colin Souter is to step down as Grazings ‘Constable’ at Upper Coll  on the Isle of Lewis “as soon as possible”.

The official statement reads:-

The Crofting Commission confirmed today that it has written to shareholders of Upper Coll Common Grazings to advise that the grazings constable will be stepping down as soon as possible.

The move follows the submission of a report from the constable, which was considered at a special meeting yesterday.  The report will also be circulated to shareholders.

In the letter, the Commission encourages shareholders to work together in appointing a new grazings committee in line with crofting legislation.

This follows on from the direction given to Commissioners by Fergus Ewing MSP last week. The decision was made by Commissioners at a Special Meeting in Brora yesterday in the absence of the Convener, Colin Kennedy, who had walked out on the earlier convened meeting that morning.

Mr Souter’s appointment was seen by me, and others as illegal. Ironically a report by the executive of the Crofting Commission to their board also considered this to be the case.

Mr Souter was also criticised for taking on an investigative role and seeking to find some sort of fault at Upper Coll rather than assuming the role of grazings clerk with the day to day management function that goes with that role.

He sought to impose the views of a minority on the majority. He liked to report his ‘findings’ on a regular basis to the press.

Whilst Mr Souter claimed he was independent from the Crofting Commission it was clear that they were working hand in hand and indeed, on the face of it, Mr Souter was simply a Commission puppet.

The vast majority of shareholders at Upper Coll will be relieved by this latest news.

However, they may not be celebrating just yet. At least not until they see how long “as soon as possible” turns out to be.

A new committee has already been elected by the shareholders and the Crofting Commission would do well to simply accept that committee rather than insisting on further procedure, possibly involving Mr Souter, to achieve the very same end result.

Brian Inkster

Image Credit: Police Academy © Warner Bros