Pressure mounts for a full investigation of the Crofting Commission

The crofting law truth is out there

The truth is out there

On this blog on 25 April 2016 I called for the Scottish Government to review the Crofting Commission’s actions in connection with ‘The Common Clearances‘ due to an alleged abuse of power within Great Glen House.

The Scottish Crofting Federation and others have backed that call. Yesterday the Scottish Crofting Federation reiterated that call on the back of apparent historical revisionism on the part of the Crofting Commission. Statements by the Convener of the Crofting Commission, Colin Kennedy, previously published on their website have been deleted and a different version of events presented by their Chief Executive, Catriona Maclean.

The uncovering of this underhand behaviour on the part of the Crofting Commission has resulted in mounting pressure for  the Scottish Government to now actually do something about it.

Uisdean Robertson, Councillor and Chair of the Joint Crofting Committee of Comhairle nan Eilean Siar (Western Isles Council), has been quoted as saying on Radio nan Gàidheal that the Council have no confidence in the members of the Crofting Commission and their Chief Executive. He has said that Crofting Commissioners and the Chief Executive all need to think about their positions in light of what has gone on.

Brian Wilson, writing in The Scotsman, has said:-

The immediate question is whether the Scottish Government is prepared to back their quango’s interpretation of the law and its heavy-handed approach to enforcement.

In the short term, a rapid inquiry into why the Crofting Commission has got itself into this mess and how it can be helped out of it may seem a relatively attractive option.

It has been asked on Twitter who would carry out such an inquiry. It must be someone with investigative experience (with a team at their disposal to assist them) and who is truly independent with no association whatsoever with Commissioners, the Convener or the Chief Executive.

Also, in my view, the Scottish Government should directly involve the Scottish Land Court by submitting a reference to them under section 53 of the Crofters (Scotland) Act 1993 to answer the questions in law that the Crofting Commission have been evading. Catriona Maclean, the Chief Executive of the Crofting Commission, has stated:-

The Commission is confident they are applying the law correctly but the only place this can be clarified is in the Scottish Land Court.

However, the Crofting Commission have yet to set out any legal argument with reference to statute or case law to show that they are applying the law correctly. I am strongly of the view that they are not. My detailed legal reasoning to them on this has gone unchallenged other than for them to say that once they make a decision that is final and cannot be changed by them!

If the Crofting Commission are so confident that they are applying the law correctly they should have nothing to fear by making a reference to the Scottish Land Court to confirm that. As they clearly do not wish to actually be found out to be in the wrong (the same is true of the decrofting debacle that resulted in unnecessary ‘remedial’ legislation at huge expense to the taxpayer when a Section 53 reference could easily have resolved the issue) the Scottish Government should advance that reference or insist that the Crofting Commission do so.

The truth is out there and it is in the Scottish Government’s hands to find it.

Brian Inkster

Image Credit: The X-Files © Ten Thirteen Productions, 20th Television, 20th Century Fox Television

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