Daily Archives: October 13, 2016

Radio Crofting GaGa

Radio Crofting GaGa

All we hear is…

Following his statements to Sunday Politics Scotland and The Oban Times, Colin Kennedy, Convener of the Crofting Commission, was today also speaking to BBC Highlands & Islands.

He said:-

It would appear to be clear that there is a code of conduct that we all must follow and to act against best legal advice and practice would seem to me to be somewhat contrary to the code of conduct. I would say it probably clashes with the Government.

But is that not him arguing against himself. Surely he has been acting against best legal advice and practice. Thus this has indeed been contrary to the code of conduct. Yes, that does indeed clash with the Government!

He went on to say:-

I believe everybody should be treated fairly and equitably within the legislation and that is what I stand for: fair and equal treatment to every crofter.

Do the crofters of Mangersta and Upper Coll consider the Crofting Commission’s treatment of them, under Mr Kennedy’s leadership, to have been fair and equal? I doubt it.

Mr Kennedy continued:-

But when you have civil servants with views and having cases pulled from decision making and changing policies in order to support decision making it gives me great concern.

I am unsure of the context of this or to what Mr Kennedy is actually referring. Are civil servants not allowed views? What cases have been pulled from decision making and by whom? How can civil servants change policies? Presumably only MSPs and commissioners can do that?

He then concluded with:-

And the reason I will not resign is that I will not rest until I get to the bottom of what is going on.

We all would like to know what is going on. But we all thought only Mr Kennedy knew the answer to that one!

N.B. A recording of Mr Kennedy speaking to the BBC is available (possibly for a limited time?) at Soundcloud (full report starts at approximately 1.34 minutes in):-

Brian Inkster

Kennedy says hell will freeze over before he resigns and that the Cabinet Secretary for Crofting should stand down!

only when hell freezes over will the crofting commission convener colin kennedy resignIn an exclusive interview with The Oban Times, published today, Colin Kennedy, Convener of the Crofting Commission, said that “hell will freeze over” before he resigns. He went onto say that Fergus Ewing MSP, cabinet secretary responsible, for crofting, is contravening crofters’ human rights by not allowing access to their own share of European funds. Mr Kennedy said: “The MSP should be standing down himself“.

Mr Kennedy also made reference to alleged “cronyism within the Crofting Commission”  and to practices “within the commission that are not fair and equitable“.

The Oban Times further reported Mr Kennedy as saying there is a real crisis in the Scottish Government as it tries to cover its back and leave itself open to legal challenges that could cost it millions.

The conflict between the Crofting Convener and the Cabinet Secretary has now reached an extraordinary stage. It is clear that despite the Crofting Commission stating that they supported the Scottish Government’s stance over SRDP funding of common grazings and ‘immediate’ payment of monies to shareholders this is a view not shared by Colin Kennedy. As convener of the Crofting Commission he should be expressing the views of the Board and not his personally held views.

The Framework Document between the Crofting Commission and the Scottish Government (April 2016 – October 2018) [PDF] sets out the broad framework within which the Crofting Commission will operate and defines key roles and responsibilities which underpin the relationship between the Crofting Commission and the Scottish Government.

Paragraph 21 of this Framework Document states:-

The Convener is responsible to the Scottish Ministers and, in common with any individual with responsibility for devolved functions, may also be held to account by the Scottish Parliament. The Convener shall ensure that the Crofting Commission’s policies and actions support the wider strategic policies of the Scottish Ministers; and that the Crofting Commission’s affairs are conducted with probity.

Current activities would appear to be a breach of that on the part of the Convener.

Under Paragraph 22 the Convener has a particular leadership responsibility on the following matters:-

  • Ensuring that the Crofting Commission fulfils the aims and objectives set by the Scottish Ministers; 
  • Formulating the Board’s strategy; 
  • Ensuring that the Board, in reaching decisions, takes proper account of guidance issued by the Scottish Ministers; 
  • Promoting the efficient and effective use of staff and other resources; 
  • Encouraging high standards of propriety and regularity; 
  • Representing the views of the Board to the general public; and 
  • Promoting diversity throughout the organisation.

He does not appear to be ensuring that the Crofting Commission fulfils the aims and objectives set by the Scottish Ministers.

He does not appear to be ensuring that the Board, in reaching decisions, takes proper account of guidance issued by the Scottish Ministers (or at least he is disputing that guidance).

He does not appear to be promoting the efficient and effective use of staff and other resources. That was clear from him closing and walking out of the meeting in Brora.

He does not appear to be encouraging high standards of propriety and regularity.

He does not appear to be representing the views of the Board to the general public. He is only representing his own personal views which appear to be in divergence to those of the Board. Perhaps even “diametrically opposed”, being the phrase used by Fergus Ewing MSP to describe how Mr Kennedy’s own views compared to those held by the Scottish Government.

So again he appears to be in serious breach of the Framework Document.

In terms of Paragraph 23 the Convener shall also “ensure… that the board is working effectively”. Recent actions by him cannot mean that it is.

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 appears to be ignoring those directions.

The seven principles of conduct underpinning public life (as identified by the Nolan Committee in 1995) are as follows:

1. Selflessness
Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or other friends.

2. Integrity
Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.

3. Objectivity
In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

4. Accountability
Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

5. Openness
Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.

6. Honesty
Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

7. Leadership
Holders of public office should promote and support these principles by leadership and example.

The Scottish Executive took the Nolan Committee recommendations one step further with the introduction of the Ethical Standards in Public Life etc. (Scotland) Act 2000 which brought in a statutory Code of Conduct for Board Members of Devolved Public Bodies and set up a Standards Commission for Scotland to oversee the ethical standards framework.

The Scottish Executive also identified nine key principles underpinning public life in Scotland, which incorporated the seven Nolan Principles and introduced two further principles:-

8. Public Service
Holders of public office have a duty to act in the interests of the public body of which they are a Board member and to act in accordance with the core tasks of the body.

9. Respect
Holders of public office must respect fellow members of their public body and employees of the body and the role they play, treating them with courtesy at all times.

Does the latest outburst in The Oban Times comply with these 9 principles and especially numbers 4, 7, 8 and 9?

A Scottish Government spokesman is quoted by The Oban Times as saying:-

Serious allegations about Scottish ministers were attributed to Mr Kennedy in the press following the Crofting Commission’s meeting in Brora on September 28.

The Scottish Government has requested further information from the convener in relation to these allegations and will give this further consideration, as appropriate. While this matter is ongoing, the Cabinet Secretary for Rural Economy and Connectivity [Mr Ewing] will continue to monitor the situation at the Crofting Commission closely.

Matters have surely today reached the point of no return. The ball is in Mr Ewing’s court.

Brian Inkster

An elective despotism is not the Crofting Commission we fought for

An elective depotisim is not the Crofting Commission we fought forThomas Jefferson said:

An elective despotism is not the government we fought for.

This week the Scottish Crofting Federation called the Convener of the Crofting Commission, Colin Kennedy, a deluded despot. Perhaps they are now thinking that an elective despotism is not the Crofting Commission they fought for.

An elected Crofting Commission (6 out of the 9 commissioners – with the other 3 being appointed) was introduced by the Crofting Reform (Scotland) Act 2010. The Scottish Crofting Federation supported this move. Before that all commissioners of the Crofters Commission were appointed.

At the time the then environment minister, Stewart Stevenson, said:-

The Scottish government wants to give crofters a voice to determine their own future and these first ever Crofting Commission elections is a solid step down that road.

The Scottish government believes crofts that are occupied and worked can be the biggest contribution to the sustainable economic growth and development of our crofting communities. Having an effective regulator is a vital part of achieving that aim.

The first Convener of the new Crofting Commission was Susan Walker who was appointed by the Scottish Government. At the time some thought that process should have been delegated to the commissioners themselves.

Patrick Krause, Chief Executive of the Scottish Crofting Federation, said:-

Clearly the minister doesn’t have enough confidence in the commission to allow them to choose their own convener.

Elsewhere we have heard of the spread of democracy through the Arab Spring.

Is it not time to allow democracy to apply in crofting and to have a Crofting Spring where the commission can be allowed to make its own decisions?

Tavish Scott, Shetland Liberal Democrat MSP, said:-

This is a terrible decision and is consistent with the command and control being exercised by the SNP government on a whole range of issues.

They won’t make an appointment unless they are sure the person passes the Saltire underpants test.

Why do they not trust the people who have been elected by the crofters to make the decision?

Mary Scanlon, Highlands and Islands Conservative MSP, said:-

Given that this was the first time that commissioners were chosen with a mandate from their own communities, it seems high-handed of the minister to appoint the convener himself.

If the nine commissioners were allowed to choose from among their own number the convener would have the confidence and respect of the others. That might not be the case if the appointment is made by the minister.

Rhoda Grant, Highlands and Islands Labour MSP, said:-

To choose the convener in this way, weights the process towards the three commissioners already chosen through the public appointments system.

The minister should allow the commission to choose its own convener.

Alasdair Allan, Western Isles SNP MSP, said:-

There must be a tie between the commission and the minister because it is a public body.

The minister has a choice among all the members.

If the six members chosen by the crofters are unhappy with what the government or the commission is doing they will not be slow to say that.

There is a majority of crofters’ representatives so it is not true to say that this is an attempt to control the commission.

Some commissioners were not too slow to show that they were unhappy and organised a coup against the incumbent convener. They then insisted that they should elect the new one. The minister responsible for crofting at the time, Aileen McLeod, allowed them to do so and Colin Kennedy was duly elected.

The result has been clear for all to see. It could not have been foreseen by the representative bodies and MSPs who called for this democratic process at the outset. In light of what has happened a future crofting minister might think twice about allowing commissioners to choose a convener themselves.

Fergus Ewing MSP, cabinet secretary responsible for crofting, has instituted a governance review of the Crofting Commission. Whatever the outcome of that review it should at least attempt to avoid despotism ever appearing again within the Crofting Commission.

Brian Inkster

Crofting Federation call on the Commission’s Convener to be ousted

Scottish Crofting Federation call on Crofting Commission Convener Colin Kennedy to be oustedOn the back of assertions by Colin Kennedy in the press and on TV that he has no intention of resigning as Convener of the Crofting Commission the Scottish Crofting Federation has called on the Cabinet Secretary for crofting, Fergus Ewing, to oust him. First Minister, Nicola Sturgeon, hinted at their ability to do so at last week’s First Minister’s Question Time. The BBC suggested if he didn’t jump he would be pushed.

Fiona Mandeville, Chair of the Scottish Crofting Federation, said:-

This dreadful humiliation of crofting regulation and complete waste of public money has got to stop.

In his latest statements to the media, Mr Kennedy has said that he intends to stay in place as Convener of the Crofting Commission. He still refutes any wrong doing and claims to have operated within the law, despite the fact that lawyers and the Cabinet Secretary for crofting, who is himself from a legal background, have said he is wrong. That is some arrogance.

To top this Mr Kennedy said on the BBC that he had no knowledge of the fact that his fellow Commissioners have no confidence in him. He must be the only person in Scotland who hasn’t heard that last week the Commissioners unanimously agreed that Mr Kennedy should stand down, following his petulant abandonment of their board meeting. This joins the widespread calls from the Scottish Crofting Federation, crofters and politicians for Mr Kennedy to go. He’s now a laughing stock if it weren’t so serious a situation. He is a lonely figure with his head stuck firmly in the sand.

How much is this whole affair costing the public purse? The resources being used trying to clean up after Mr Kennedy’s bungling must be astronomical. We have the existential crisis of Brexit staring us in the face and the fundamental weaknesses in the whole regulatory framework, yet a phenomenal amount of everyone’s time and energy is being expended on this one deluded despot.

The Cabinet Secretary must end this farce and restore some normality in crofting by demanding Mr Kennedy’s resignation forthwith. It is within his power to do so. Mr Ewing has the support of the Crofting Commissioners, the public, MSPs and the First Minister. If it just takes all the parties to formally give their support, we urge them to make this clear. Crofting is too important to the Highlands and Islands to let this man run rough-shod over the lives of decent people any longer.

Image Credit: Lord Sugar says “You’re fired” on The Apprentice © BBC