Tag Archives: Crofting Commissioners

Crofting Commission Elections 2017 – The Results

Crofting Elections 2017 - Count at Stornoway Town Hall

Colin Kennedy keeps a close eye on the count at Stornoway Town Hall

The results are in from the count in Stornoway Town Hall for the Crofting Commission Elections. They are:-

East Highlands (East Sutherland, Easter Ross, East Inverness and Moray) 

Stage 1 votes:-

  • Rod Mackenzie – 150 votes
  • Archie MacNab – 91 votes
  • John Ferme McMorran  – 71 votes

Stage 2 votes (following exclusion of John Ferme McMorran):-

  • Rod Mackenzie – 181 votes – Duly elected
  • Archie MacNab – 121 votes

South West Highlands (Lochaber, Argyll & Bute, Arran and Cumbrae, Small Isles)

Stage 1 votes:-

  • Colin Niall Kennedy – 165 votes
  • Billy Neilson – 124 votes
  • Catherine Mackinnon – 67 votes
  • Uilleam Smith – 55 votes
  • Ronnie Campbell – 32 votes

Stage 2 votes (following exclusion of Ronnie Campbell):-

  • Colin Niall Kennedy – 172 votes
  • Billy Neilson – 128 votes
  • Catherine Mackinnon – 81 votes
  • Uilleam Smith – 57 votes

Stage 3 votes (following exclusion of Uilleam Smith):-

  • Colin Niall Kennedy – 181 votes
  • Billy Neilson – 152 votes
  • Catherine Mackinnon – 98 votes

Stage 4 votes (following exclusion of Catherine Mackinnon):-

  • Billy Neilson – 201 votes – Duly Elected
  • Colin Niall Kennedy – 199 votes

West Highlands (West Sutherland, Wester Ross, Skye & Lochalsh)

  • Mairi Mackenzie – 694 votes – Duly Elected
  • Stephen William Love – 204 votes
  • Peter O’Donnghaile – 164 votes
  • Jonathan James Hedges – 95 votes

Western Isles

  • Iain Maciver -1069 votes – Duly elected
  • Alasdair MacEachen – 1059 votes

Only one nomination was received for Caithness & Orkney and also Shetland. Thus each candidate for those two constituencies was automatically elected and no election took place.

Caithness and Orkney

  • Cyril  Annal – Automatically elected

Shetland

  • Andy Holt – Automatically elected

Two of the seats were very close indeed.

In the Western Isles Iain Maciver got in with 10 votes over Alasdair MacEachen.

Most eyes were on the South West Highlands seat where controversial Crofting Commission Convener, Colin Kennedy, was re-standing for election. It was taken through 4 stages of voting with each transferable vote counting until Billy Neilson was victorious over Colin Kennedy by just 2 votes. Thus Kennedy, who many have been calling for long to go, is now gone. However, it shows that despite his controversial stance on a number of matters, that were decried by many far and wide, he still had fairly strong support amongst crofters in his own constituency.

Adding in the three appointed commissioners the nine new Crofting Commissioners are:-

  • Cyril  Annal – Elected – Caithness and Orkney
  • David Campbell – Appointed – Landlord Representative
  • Andy Holt – Elected – Shetland
  • Iain Maciver – Elected – Western Isles
  • Mairi Mackenzie – Elected – West Highlands
  • Rod Mackenzie – Elected – East Highlands
  • Malcolm Mathieson – Appointed
  • Billy Neilson – Elected – South West Highlands
  • James Scott – Appointed

Malcolm Mathieson and James Scott were only recently appointed and thus David Campbell is the only commissioner to have already served for some time (since June 2014) on the board of the Crofting Commission. David Campbell was clearly, at times, in conflict with the former Convener, Colin Kennedy.

Commenting on the results, Rural Secretary Fergus Ewing said:-

Crofting is an integral part of Scottish rural life and it is essential that it has dedicated people to represent and reflect the interests and diversity of our crofting communities.

The elected crofting commissioners will give crofters a stronger say in how they are regulated, bringing valuable local knowledge and experience to the role and I would like to take this opportunity to congratulate the six newly elected Commissioners on their election and wish them every success.

This group, together with the appointed commissioners, will play an essential role in the effective governance and operation of the Crofting Commission, ensuring that it has the policies in place to deliver fair, reasonable and transparent decisions on matters affecting crofters and rural communities.

Crofting Commission Chief Executive Bill Barron said:-

I would like to congratulate those who have been elected and I look forward to meeting and welcoming them to the Commission.  With the three Commissioners appointed/re-appointed by the Scottish Government earlier this year, we now have a full complement of nine.   I and all the staff of the Commission are determined to give the new Board the best possible support as they take on the responsibilities of leading the Crofting Commission. We believe there is a positive future for crofting and I will do all I can to help the new Board of Commissioners carry out their functions effectively.

With such a big batch of new commissioners ushered in at one time many hope that this will see a change in approach by the Crofting Commission as the organisation has been dogged by almost constant controversy over the past 5 years. Only time will tell. We will be watching and reporting.

Brian Inkster

Image Credit: © BBC Alba

 

Ewing Exonerated

Fergus Ewing v Colin Kennedy

One Nil to Fergus Ewing. Ding ding, next round!

BBC Naidheachdan have reported that Fergus Ewing, Cabinet Secretary for the Rural Economy and Connectivity with responsibility for crofting, has been cleared of any wrongdoing in the complaint brought against him by the Convener of the Crofting Commission, Colin Kennedy.

This is how they reported it:-

The Secretary for Rural Economy was not breaking any rules in the way he dealt with the Crofting Commission.

This was the outcome of a review by the Secretary of Justice, after the Convener of the Commission, Colin Kennedy, raised several complaints against Fergus Ewing.

Mr Kennedy raised his complaints after a controversial Commission meeting in Brora, Sutherland in September. He questioned decisions made by Mr Ewing in connection with the Commission.

Mr Kennedy was angry that the Commission had to excuse crofters in relation to how they handled the grazing committees disputes.

Since then there has been controversy surrounding Mr Kennedy and there has been pressure on Mr Ewing to ask Kennedy to stand down.

It has not been possible for Ewing to deal with the Commission whilst this review has been underway.

Now the government has confirmed that the review conducted by the Department of Justice is over, and that Ewing did nothing wrong.

The question now is what will Ewing do with all his freedom to make decisions regarding the Commission.

View from the Crofting Law Blog

As highlighted previously on this blog 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 were given to Mr Kennedy by a Scottish Minister. It would appear that Mr Kennedy refused to accept those directions and instead lodged a complaint against the Scottish Minister in question.

The Scottish Minister has been completely exonerated in what would appear to have been a vexatious complaint. Will Mr Kennedy therefore now accept those directions which will involve him personally issuing a public apology to the three grazings committees removed from office by the Crofting Commission in Mangersta, Upper Coll and Bohuntin? Or is it a case that ‘hell will freeze over‘ before he does that?

Will Mr Kennedy now accept the Scottish Government’s position on disbursement of common grazings funds and receipt of SRDP funding which has been accepted by his fellow commissioners but which he has been very vocal in disagreeing with?

Mr Kennedy is, in any event, not well known for representing the views of the board of the Crofting Commission to the general public despite it being one of his “particular responsibilities“, as convener, to do so. He is also, as highlighted in my last post, completely at odds with the board and appears to be refusing to follow the doctrine of collective responsibility.

Fergus Ewing did say some time ago that it is not sustainable for the Scottish Government and one of its public bodies to take opposing interpretations of the law. Is it sustainable for the Scottish Government and the Convener of one of its public bodies to take opposing interpretations of the law and to be in continuing conflict over those interpretations?

The governance review of the Crofting Commission was published last week and referred to “notable failures in governance within the Crofting Commission“. The review made reference to “strong personalities, differences of opinion and apparent incongruent individual objectives and priorities” having “impaired effective and efficient governance“. I will look at this governance review in some detail in forthcoming posts on this blog.

Brian Inkster

Gaelic credit: Thanks to Vicki Folan of Inksters for translating the BBC Naidheachdan report from Gaelic to English

SEE YOU IN COURT?

Donald Morrison introduces the headline news item on BBC Alba An Là

The BBC reported on Wednesday that it had been revealed at a board meeting of the Crofting Commission that day in Inverness that the Convener of the Commission, Colin Kennedy, was threatening the organisation with legal action.

This is how Andrew Thomson of BBC Radio Highlands & Islands reported matters on the 5.30pm bulletin:-

It has emerged that the Convener of the Crofting Commission, Colin Kennedy, is threatening to take legal action against the organisation over the way he has been treated over the last few months.

His lawyers claim he has been defamed by the Commission.

The Crofting Commissioners get ready for the meeting and that before the heat was turned up

The Crofting Commissioners get ready for the meeting and that before the heat was turned up

The details of the case came to light at a heated meeting of the Commission in Inverness this morning.

The legal threats also specifically mention the actions of two commissioners, Murdo Maclennan and David Campbell, at a meeting in Brora in September last year.

The Chief Executive of the Crofting Commission, Bill Barron, says these two men have the full backing of the organisation.

Bill Barron will "back and totally defend" commissioners threatened by Colin Kennedy

Bill Barron will “back them totally and defend” commissioners threatened by Colin Kennedy

Bill Barron:-

Mr Kennedy has made it clear that there are things that the two of them have done that he particularly takes exception to and so they are named in this vague threat.

But having said that I don’t believe there is any reason why they need to worry unduly. They can continue to work with the board as they are doing and if there were difficult legal actions taken against them we would obviously back them totally and defend them.

As I say there is no sign of that actually getting up and running so at the moment although I appreciate their nervousness they are absolutely right to continue to work within the board.

It was also headline news on BBC Alba An Là at 8pm with Donald Morrison at the news desk and Donald Lamont reporting from Inverness:-

Donald Lamont reports from Great Glen House

Donald Lamont reports from Great Glen House

The Convener of the Crofting Commission is threatening the Commission and some of the commissioners with legal action.  Colin Kennedy maintains that the meeting in Brora last year was held against the law and Mr Kennedy’s solicitor is of the opinion that the commission has damaged his reputation.

At the last meeting, Mr Kennedy said that he was not threatening anyone with legal proceedings. However on Wednesday it came to light that a letter had actually been delivered to the Commission from his solicitor the day before that meeting took place.

Colin Kennedy enters for the meeting on Wednesday

Colin Kennedy arrives for the meeting on Wednesday

The letter wanted the Commission to change the decisions made at the previous meeting in Brora and to admit that what the Commission did was illegal, and especially that the actions of two individual commissioners were against the law.

The head of the Commission Bill Barron understands the concerns of the commissioners especially any concerns surrounding the letter.

Bill Barron:-

Mr Kennedy has made it clear that there are things that the two of them have done that he particularly takes exception to and so they are named in this vague threat.

But having said that I don’t believe there is any reason why they need to worry unduly. They can continue to work with the board as they are doing and if there were difficult legal actions taken against them we would obviously back them totally and defend them.

The newest Crofting Commissioners, Malcolm Mathieson and James Scott, share a joke before their first Board meeting

The newest Crofting Commissioners, Malcolm Mathieson and James Scott, share a joke before the tension began

There were two new commissioners present at today’s meeting. Donald Lamont asked Bill Barron was it unfortunate that their first meeting was full of tension?

Bill Barron:-

It’s part of where we are. There are those tensions within the board and until they are fully resolved that’s part of our context. I think it was not too bad for the new commissioners to join into that, Obviously I hope we will move on and resolve those things and move to more normal ways of operating.

There isn’t but three weeks until voting papers are distributed to pick a new board for the Commission.

View from the Crofting Law Blog

Since Colin Kennedy walked out of the board meeting in Brora in September there hasn’t been one board meeting of the Crofting Commission without controversy surrounding it:-

Commissioners and officials get ready for Wednesday's board meeting

Commissioners and officials get ready for Wednesday’s board meeting

It has been very clear to many for some time that the board of the Crofting Commission has not been functioning as it should. Further rationale for that became apparent on Wednesday. How can a board function when one of its members (in this case the convener no less) is threatening legal action against the organisation itself and against fellow commissioners? How can such a situation even arise? The newly appointed commissioners, Malcolm Mathieson and James Scott, must have been wondering what on earth they had let themselves in for.

Colin Kennedy

Colin Kennedy

The Convener is taking a polar opposite view from his fellow commissioners. He thinks they are wrong in what they did in Brora and they think they are correct in the actions taken by them. This is similar to the ‘diametrically opposed‘ views held by him and the Scottish Government on distribution of common grazings funds and receipt of SRDP funding.

Confidential discussions?

Confidential discussions?

The legal basis of Colin Kennedy’s purported claims of defamation and damage to reputation arising from the Brora meeting are not clear. Why he considers that meeting to be invalid in law is also unclear.

What is clear is that the Crofting Commission took legal advice and at their last meeting it was “accepted that it [the Brora meeting] was one continuous meeting in two valid parts“. It was further clarified to the Cross-Party Group on Crofting at Holyrood, by Bill Barron, that six commissioners had asked the Convener to stand down at the Brora meeting and have not recanted on that. The Convener has chosen not to.

When six commissioners out of seven take a decision that decision should be respected and stand in accordance with the doctrine of collective responsibility.

As pointed out previously on this blog the Guide for Board Members of Public Bodies in Scotland [PDF] states:-

While Board members must be ready to offer constructive challenge, they must also share collective responsibility for decisions taken by the Board as a whole. If they fundamentally disagree with the decision taken by the Board, they have the option of recording their disagreement in the minutes. However, ultimately, they must either accept and support the collective decision of the Board – or resign.

Should Colin Kennedy have packed his bags and left by now?

Should Colin Kennedy have packed his bags and left by now?

Thus by sharing in collective responsibility, as he is obliged to do, Colin Kennedy should accept and support the decision of the board taken in Brora in September. By accepting and supporting that decision he should resign.

If, however, he does not accept and support the collective decision of the Board (which appears to be the case) he must, following the guidelines for Board Members of Public Bodies in Scotland, resign.

Either way he should not therefore currently be the Convener of the Crofting Commission.

Brian Inkster

Image Credits: © BBC Alba

Gaelic credit: Thanks to Vicki Folan of Inksters for translating the BBC Alba coverage from Gaelic to English

Last vacant Crofting Commissioner seat filled at last

The newest Crofting Commissioners, Malcolm Mathieson and James Scott, at their first Board meeting on 8 February 2017

The newest Crofting Commissioners, Malcolm Mathieson and James Scott, ready for their first Board meeting on 8 February 2017

The Cabinet Secretary for the Rural Economy and Connectivity, Fergus Ewing MSP, has announced the appointment of James Scott as a Commissioner of the Crofting Commission Board from 1 February 2017.

Appointment

James Scott runs a business, focussing on training and assessing skills in rural businesses.  James has a strong agricultural and field sports background and has previously worked in deer and conservation in both the public and private sectors.  James has a particular interest in ensuring the future of crofting through making it attractive and accessible to new and young entrants and in growing the skills of these groups to allow them to be successful crofters.

Length of Terms and Remuneration

Mr Scott’s appointment is for three years and runs from 1 February 2017 until 31 January 2020.  The appointment is part time and attracts remuneration of £161.29 per day for a time commitment of around 4.5 days per month.

The appointment is regulated by the Commissioner for Ethical Standards in Public Life in Scotland.

Welcome from Crofting Commission

Bill Barron, Chief Executive of the Crofting Commission, said:

I would like to welcome James to the Commission and we look forward to working with him.  James’s expertise in conservation and interest in making crofting attractive and accessible to new and young entrants will be extremely valuable to the Board.

With a full Board of Commissioners we can work to ensure everything is in place for a smooth handover to the elected Commissioners in April 2017.

No statement has been released, as yet, by the Convener of the Crofting Commission, Colin Kennedy, regarding the appointment.

First Board Meeting

James Scott joined the other newly appointed commissioner Malcolm Mathieson for their first board meeting at Great Glen House on 8 February. What an eye opener that must have been for them with it being revealed at the meeting that threats of legal action made by the Convener, Colin Kennedy, hang over the commission and commissioners. More on that in my next post.

Brian Inkster

Image Credit: © BBC Alba

New Crofting Commission CEO not Commissioner!

Fake Crofting NewsThe Scottish Farmer are not always on the ball when it comes to crofting news. This week they excelled themselves with the headline ‘New Crofting Commissioner announced’.

Well we had all been waiting patiently for the remaining vacant seat for an appointed commissioner to be filled. Only one of the two vacant posts was recently filled following the appointment of Malcolm Mathieson with a promise that the remaining appointment would “be made in due course“. Did The Scottish Farmer have an exclusive for us on this? Unfortunately not. They just had their CEOs mixed up with their commissioners.

Crofting CEO not CommissionerThe real news that the Scottish Farmer was trying to report was that Bill Barron has been appointed as Chief Executive at the Crofting Commission.

The Chief Executive and designated Accountable Officer is responsible for the strategic leadership and overall operation and management of the Crofting Commission, including financial controls. Bill Barron has assumed the role on a permanent basis after being appointed as interim CEO in October 2016 following the departure of Catriona Maclean.

Cabinet Secretary for Rural Economy and Connectivity Fergus Ewing said:-

I am pleased that Bill has accepted the position and will join the Commission as permanent Chief Executive.

We have achieved a number of important milestones since we established the Crofting Commission in 2012, and there is now an opportunity to build on successful developments in crofting, refocusing attention on being an effective regulator and delivering an excellent service to crofters.

I am sure that Bill will bring leadership skills and dedication to the role and I wish him every success.

Crofting Commission Chief Executive Bill Barron said:-

I am delighted to have been appointed Chief Executive of the Crofting Commission. In my three months as Interim Chief Executive I have met regularly with Commissioners, staff, crofters and many other stakeholders to hear their views.

The work I have started will continue, giving the Commission a renewed focus on securing the future of crofting and preparing for the new Board following the crofting elections in March 2017.

Background

Bill Barron – biography

Bill Barron was appointed interim CEO of the Crofting Commission in October 2016.

Before that he worked on housing policy and delivery for the Scottish Government for 8 years, covering a range of issues including homelessness, housing’s contribution to health and social care, housing-related social security, and the supply of affordable housing.

A former statistician, Bill has also worked for the UK and Scottish Governments in the fields of education, social security, health and justice.

Crofting Commission

The Commission’s board can have up to nine commissioners. A maximum of six are elected by crofters, with the remainder appointed by Scottish Ministers. The Commission is the only public body in Scotland with a majority of board members elected by the people they serve.

Brian Inkster

Only one commissioner re-stands for election

crofting commissioners leave the sinking ship?

Is there something telling about so many of the crofting commissioners not standing for re-election?

It had been expected that Comhairle nan Eilean Siar (Western Isles Council) would announce the candidates for the Crofting Commission Elections 2017 on Friday 27 January.

However, apparently, due to the large number of nominations received just before the deadline of Thursday, names of the candidates could not be released until Monday 30 January. And on Monday we discovered that those candidates are:-

East Highlands (East Sutherland, Easter Ross, East Inverness and Moray) 

  • Rod Mackenzie, Teanroit, Beauly.
  • Archie MacNab, Orsay, Old Inn Croft, Blairninich, Ross-shire.
  • John Ferme McMorran, Keepers House, Balnacoil, Brora, Sutherland.

South West Highlands (Lochaber, Argyll & Bute, Arran and Cumbrae, Small Isles)

  • Ronnie Campbell, 5 Bohuntin, Roy Bridge, Lochaber.
  • Colin Niall Kennedy, Croft No2, Arinagour, Isle of Coll
  • Catherine Mackinnon, Cul a’Bhile, Bohuntin, Roy Bridge.
  • Billy Neilson, 27 Cruachan Cottages, Taynuilt, Argyll.
  • Uilleam Smith, 2 Caledonian Road, Inverness.

West Highlands (West Sutherland, Wester Ross, Skye & Lochalsh)

  • Jonathan James Hedges, Caravan, Rossal, Rogart.
  • Stephen William Love, 13 Sand Passage, Laide, Wester Ross.
  • Mairi Mackenzie, Torran, Loggie, Lochbroom, Ullapool.
  • Peter O’Donnghaile (Donnelly), 5 Camustianabhaig, Portree.

Western Isles

  • Alasdair MacEachen, 15 Aird, Balivanich, Benbecula.
  • Iain Maciver, 23 Laxay, Isle of Lewis.

Only one nomination was received for Caithness & Orkney and also Shetland. Thus each candidate for those two constituencies is automatically elected and no election will take place.

Caithness and Orkney

  • Cyril  Annal, Stensigar, South Ronaldsay, Orkney.

Shetland

  • Andy Holt, North House, Papa Stour, Shetland.

So only one of the existing elected crofting commissioners is standing for election again. That is the controversial convener of the Crofting Commission, Colin Kennedy. All other existing elected commissioners have clearly had enough of the many problems that have beset their tenure in office. Much of which Colin Kennedy has received the blame for.

Thus the following commissioners will all vacate office following the elections:-

  • Marina Dennis – East Highlands
  • Ian George Macdonald – West Highlands
  • Murdo Maclennan – Western Isles
  • Arnold Pirie – Caithness and Orkney
  • Kathleen Sinclair – Shetland

There will be continuity in respect of one of the appointed commissioners, David Campbell, having already been appointed by the Scottish Government to serve a second term as a commissioner.

It is also interesting to note that Colin Kennedy’s seat (South West Highlands) is the most hotly contested one with five candidates fighting it out for a spot in Great Glen House.

The Scottish Crofting Federation welcomed the high number of nominations for the Crofting Commission elections citing it as a very positive sign for crofting. Their Chair, Russell Smith, said:-

The number of people willing to stand as candidates for the forthcoming Crofting Commission elections is very heartening. It shows that crofters care about the survival of crofting and the Crofting Commission. There is a resilience within the crofting community and the will to move on.

It is very positive that so many have stood to be counted in the Highland constituencies, especially in the South West. The Western Isles have 2 candidates but it was disappointing that Scottish Government did not take the opportunity to create further constituencies in such a large area. Orkney has relatively few crofts now so it is perhaps no surprise to have only one nomination but it is disappointing that Shetland only put forward one candidate when it is has so many well-worked crofts.

But we have enough candidates to run an election and to form a new Commission with crofter representation. That is what this is all about. We now need a good turnout to vote on 16th March, and await the Scottish Government to make the remaining appointment.

Brian Inkster

Crofting Commission dodge answering questions

Dodging Bullets at the Crofting Commission

The Crofting Commission can stop your questions by simply not answering them!

The Cross-Party Group on Crofting has been waiting patiently on answers to 18 questions that they posed to the Crofting Commission. These were originally sent to the Crofting Commission in July 2016 then modified and sent in October 2016.

  1. Where in law it is stated that the Crofting Commission cannot revisit its own decisions?
  2. Why did the Crofting Commission chose to remove three grazings committees instead of work with them to improve things, if things needed improvement?
  3. Why were grazings shareholders not given the chance to elect a new committee when the Crofting Commission removed their committee, instead of moving straight to the appointment of a grazings constable?
  4. Does a removed committee have a right of appeal to the Crofting Commission?
  5. Where in law it is stated that the Crofting Commission has the power to appoint a Grazings Constable when they remove members of a grazing committee from office?
  6. Where in law it is stated that the Crofting Commission can extend the appointment of a Grazings Constable?
  7. Why is the Crofting Commission ignoring its own guidelines on the investigation of financial irregularities?
  8. Does the Crofting Commission maintain that all funds in a grazings bank account have to be disbursed immediately (including SRDP grants, as Mr MacLennan stated is the bulk of funds in the CPGoC)?
  9. If there are 3 levels of accounting as outlined by Mr MacLennan (examination by external qualified person such as local retired bank manager, prepared by qualified accountant on information supplied, full forensic audit), what are the thresholds at which each is required? Do they apply to balance or income? Who decides what is appropriate (given this was the reason Mr MacLennan gave for the Upper Coll grazings committee being removed by the Crofting Commission?)
  10. Why did the convener of the Crofting Commission involve himself in every one of these three cases and committee removals? Is this the job of a convener?
  11. Did the convener of the Crofting Commission declare his interest in the cases when the commissioners made their decision to move to removal?
  12. Does the Crofting Commission consider value for public money when pursuing cases?
  13. Mr MacLennan emphasised that the Crofting Commission were obliged to act as a shareholder had made a complaint. This does not square with the Commission’s dealings relating to other regulatory matters. We are aware of complaints made by shareholders with regard to absenteeism and neglect of crofts that go many years without commission action so it would be good to know why you are so diligent in pursuing grazings committees with such rigour. Has there been a policy change to target this type of regulatory issue (as there was previously with absentees)?
  14. Following the letter written to the Convener by Fergus Ewing concerning disbursement of common grazings funds to shareholders and SRDP funding there were mixed messages issued to the press by Commissioners. It appeared that the contents of the letter was supported but the Commission (or perhaps certain Commissioners) still thought they had done nothing wrong. Those two statements do not sit well next to one another. Can the Commission clarify their actual stance on the letter in clear terms for the benefit of this Group.
  15. Can the Commission explain why they have been questioning SRDP funding for and VAT Registration by Common Grazings?
  16. The Commission appear to be supporting their ‘constable’ Colin Souter and his behaviour at Upper Coll. Do they actually support a ‘constable’ who is having meetings with 4 shareholders and making decisions affecting 42 shareholders when 26 out of those 42 have signed a petition calling for his removal?
  17. Will the Commission advise the Group what remit was given to Constable Souter and why he appeared to be acting in an investigatory role rather than as an actual clerk.
  18. The latest revelation appears to be matters being decided by Commissioners via ‘brown envelopes’ rather than at board meetings. Can the Commission enlighten us further on this?

There were, in addition, two questions specifically posed to the Crofting Commission via the Cross-Party Group on Crofting by Iain MacKinnon on 1 November 2016:-

I would like to draw your attention to a letter by Colin Kennedy published this month in the Scottish Farmer. In the letter he draws the Scottish Crofting Federation’s attention to ‘the commission mole’ at the time of the ‘Susan Walker debacle’. Presumably he is referring here to the anonymous commissioner quoted by the West Highland Free Press when information was leaked to the paper and other media outlets about a letter signed by five commissioners – including Mr Kennedy – calling a meeting to discuss a potential vote of no confidence in Ms Walker. Mr Kennedy told the Scottish Farmer this month:

‘I can assure the SCF that prior to my becoming convener, the mole was identified and the information was provided to the appropriate persons to take the matter forward.’

At the Cross Party Group on Crofting’s meeting on 15th September last year, Jean Urquhart asked Mr Kennedy about the leak to the press.

He was unable to give her an answer and did not identify any ‘mole’ on that occasion. However, the then chief executive of the organisation was able to respond and this is noted in the minutes as follows:

‘What is being done about the fact that there was a leak to the press from a commissioner, which is a breach of the code of conduct?

While a newspaper claimed their was leak by a Commissioner, as Accountable Officer the CEO has carried out an internal investigation which found no evidence that any Commissioner had breached the code of conduct by leaking information on the matter to the press.’

I would like to hear from the Commission’s representative at the meeting how they reconcile these two statements and to ask again, in light of Mr Kennedy’s claim: what is being done about the leak to the press; and who was the ‘mole’ as described by Mr Kennedy in his letter to The Scottish Farmer.

Six months after the first questions were put to the Crofting Commission their Interim Chief Executive, Bill Barron, addressed them at the Cross-Party Group meeting at Holyrood on 25 January 2017 by stating that he didn’t intend to answer them but would like, instead, “to focus on the future“. He wanted to “draw a line under the rows of last year“. He acknowledged that “things had been done wrong” but there was “no merit in unpicking all of that“.

Mr Barron may have missed the fact that some of the rows of last year continue into this one.

He stated:-

Some of the specific issues raised in your questions have already been clarified by the Commission.  For example, we have confirmed that we agree with the Scottish Government’s position that there is nothing in the CAP rules that prevents the Scottish Government approving an SRDP application made by a grazings committee, and that we agree with the Scottish Government’s position regarding immediate disbursement of funds.

These, however, are two points that the Convener of the Crofting Commission, Colin Kennedy, still appears to be taking issue with and possibly still taking a contrary position on compared to his fellow commissioners and the official line of the Crofting Commission. This is all contrary to the doctrine of collective corporate responsibility. Indeed it is interesting to note that following the departure from the Crofting Commission of their former Convener, Susan Walker, Colin Kennedy, then Vice Convener, stated [PDF: Board Minutes – 13 May 2015]:-

I am sure that I speak on behalf of everyone when I say that today we are all equal with collective responsibility. In fact we are all Conveners, working together for the betterment of the Crofting Commission.

However, his publicly opposing views to that of the board clearly conflict with that statement.

The Guide for Board Members of Public Bodies in Scotland [PDF] states:-

While Board members must be ready to offer constructive challenge, they must also share collective responsibility for decisions taken by the Board as a whole. If they fundamentally disagree with the decision taken by the Board, they have the option of recording their disagreement in the minutes. However, ultimately, they must either accept and support the collective decision of the Board – or resign.

Colin Kennedy was not in attendance at the Cross-Party Group meeting on Wednesday night. He has only attended one meeting out of the five that have taken place since the start of the current Parliamentary term.

At the meeting in Holyrood on Wednesday night the Chair of the Scottish Crofting Federation, Russell Smith, asked Bill Barron if Colin Kennedy was still Convener and was still chairing Board meetings. Bill Barron answered both questions in the affirmative. Russell Smith then asked if the Board was working as it should to which Bill Barron replied “it is not easy but it is getting its work done“. How well, under the circumstances, it is getting its work done is, however, very debatable.

On the points raised by Ian MacKinnon the response from Bill Barron was:-

The same [i.e. not answering the questions] holds for Iain MacKinnon’s questions about a leak to the press, which was investigated by the previous CEO in 2015. Colin Kennedy’s more recent public comments about this appear to have been made in a personal capacity, but I can confirm that the Commission has no plans to re-examine this matter. Instead, my priority is to look forward to the upcoming elections and to prepare to give the best possible support to the new Board.

So it is all about looking forward and not looking back. However, you sometimes have to look back to learn from your mistakes before you can move forward and avoid making the same mistakes again.

Perhaps the Scottish Government’s review into the governance of the Crofting Commission will reflect more on the mistakes of the past and what needs to be done to prevent a recurrence of them. The Cross-Party Group on Crofting was advised on Wednesday by Gordon Jackson, Head of Rural Business Development and Land Tenure at the Scottish Government, that this review will be published “shortly“.

Brian Inkster

Image Credit: The Matrix Reloaded © Village Roadshow Pictures, Silver Pictures and NPV Entertainment

Crofting Commission appointments and unfinished business?

Crofting Commission appointments and unfinished businessThe Cabinet Secretary for the Rural Economy and Connectivity, Fergus Ewing MSP, has announced the appointment of Malcolm Mathieson as a Commissioner of the Crofting Commission Board from 1 January 2017.  He also announced the reappointment of David Campbell as a Commissioner of the Crofting Commission Board from 1 April 2017.

The official Scottish Government press release reads:-

Appointments

Malcolm Mathieson is by profession an accountant who has held senior Finance and Managing Director positions within various global organisations.  He is senior partner in Moy Farm, an 1800 acre hill farm in Lochaber and a Director of Lochaber Lodges which he set up in 2009 as part of the farming diversification of Moy Farm.  Mr Mathieson has a specific interest in the financial viability of farming in less favoured areas.

Reappointment

David Campbell’s reappointment introduces a degree of continuity between the current Crofting Commission Board and the new Board which will be in place following the Crofting Commission elections in March 2017.  He has a wide experience of crofting matters with a solid grasp of crofting’s cultural, social and economic benefits, and how these are underpinned by effective regulation.  Mr Campbell has a strong connection to crofting traditions with an equally able understanding of how crofting system of land tenure plays a significant role in population retention.

Length of Terms and Remuneration

Mr Mathieson’s appointment is for three years and runs from 1 January 2017 until 31 December 2019.

Mr Campbell’s appointment is for three years and will run from 1 April 2017 until 31 March 2020.  His appointment fulfils the requirement for there to be a Crofting Commissioner to represent the interest of landlords of crofts.

Both appointments are part time and attract remuneration of £161.29 per day for a time commitment of around 4.5 days per month.

The appointment and reappointment are regulated by the Commissioner for Ethical Standards in Public Life in Scotland.

Bill Barron, Interim Chief Executive of the Crofting Commission, said:-

We look forward to working with Malcolm, his experience and knowledge of finance and governance will be of great value to the Commission over the coming years.

Commissioner Campbell has provided an important contribution to the Board with his experience of crofting matters and understanding of the interests of landlords of crofts.  His reappointment will provide crucial continuity to the Board ahead of the crofting elections in March 2017.

The Scottish Government press release also revealed that:-

One further Commissioner appointment will be made in due course.

It appears odd that this appointment was not also announced at the same time as the appointment of Malcolm Mathieson given that the two vacancies were advertised at the same time and presumably the selection process carried out at the same time. Given all the problems that exist within the Crofting Commission it is an appointment that the Scottish Government can ill afford to delay any further.

It was interesting to see the Scottish Government press release state that:-

The Convener is appointed from among Commission members.

Whilst the current convener was so appointed it is of course within the power of Scottish Ministers to make the appointment rather than delegate that function to commissioners. It will be interesting to see the approach taken on this by Fergus Ewing MSP following the next Crofting Commission elections.

The current convener, Colin Kennedy, was back in the limelight this week speaking to The Scottish Farmer. He told them:-

I am standing again for election as I believe the job I started in 2012 is not completed.

I have been given overwhelming support from crofters across the crofting counties over the past four months, who recognise the commission requires people who are not afraid to take the decisions which the law provides for, rather than the decisions which certain individuals desire.

It is my paramount desire to ensure fair and equal treatment of all crofters regardless of where they reside. I am aware the board have been informed by a commissioner on several occasions ‘you don’t understand, crofting is different in our area’, which may be the case – and should it be that the Scottish Government have made special arrangements for that area, then it is only fair that crofters in all counties are afforded equality.

The board provides leadership, direction, support and guidance to make sure the commission does its job properly in line with the law. This is what I have tried to do and intend to continue to do should I be re-elected.

Also of extreme importance to every crofter is an explanation as to why the executive requested certain papers be destroyed, and why those vast documents were not on the commission system when a freedom of information request was received.

Who produced those papers which were then provided to both the commission committee and the full board with a list of options on how to dispose of such cases remains a mystery requiring answers. And why was the minute of the board dated September 15, 2015, in relation to those papers not implemented, together with numerous other minutes which were not implemented.

I am not sure where this “overwhelming support” is coming from. It has not been evidenced as far as I can see. On the contrary we have had crofters and crofter representatives seeking his resignation or dismissal.

With regard to “fair and equal treatment” Mr Kennedy has perhaps forgotten that the Commission’s removal from office of the Upper Coll Common Grazings Committee because they did not produce five years of audited accounts contradicted the position previously taken by the Commission. Their former convener, Susan Walker, had stated to another grazings committee that based on legal advice received by the Commission “reference to audit in the Grazings Regulations is not a specific statutory requirement”.

This is one of many examples of the Crofting Commission contradicting itself and not taking a uniform approach to the application of the law.

Also many would dispute that there has been “fair treatment” to crofters in Lewis and Lochaber over the past year.

There is little doubt in many observers eyes that the Commission has certainly not done “its job properly in line with the law” in recent times. If that is what Mr Kennedy has really tried to do it is something he appears, unfortunately, to have failed in.

It is not surprising to hear about the destruction of documents within the Crofting Commission. Mr Kennedy’s own guidelines on disbursement of funds by grazings committees was of course deleted from the Crofting Commission website as though it had never existed. Perhaps the missing documents Mr Kennedy refers to are the ones that were found by commissioners in the secret brown envelopes? However, the cryptic nature of the references by Mr Kennedy to these papers leaves more questions than answers. Perhaps he should arrange a special meeting of the board to be held in public to air fully any such matters that are “of extreme importance to every crofter“?

Brian Inkster

Nominations open for Crofting Commission elections

tand as a Candidate for the Crofting Commission

Fishermen may apply

An election is being held to elect Crofting Commissioners from the six crofting constituencies:

  • Shetland
  • Orkney and Caithness
  • East Highlands (East Sutherland, Easter Ross, East Inverness and Moray)
  • Western Isles
  • West Highlands (West Sutherland, Wester Ross. Skye and Lochalsh)
  • South West Highlands (Lochaber, Argyll and Bute, Arran and Cumbrae, Small Isles)

One Commissioner will be elected from each constituency and will, along with the three Commissioners appointed by the Scottish Government, make up the Board of the Crofting Commission.

Nomination forms and other documents relating to the election can be downloaded from www.cne-siar.gov.uk/electionoffice/croftingelection; obtained on request, by e- mail to elections@cne-siar.gov.uk; or from the Election Offices detailed in the Notice of Election. Completed nomination forms must be submitted by Thursday 26 January 2017.

An election will be held in each contested constituency by postal ballot, with votes having to be returned by 4.00pm on Thursday 16 March 2017.  The count will take place in the Town Hall, Point Street, Stornoway, Isle of Lewis HS1 2XF on Friday 17 March 2017 at 10.00am.

View from the Crofting Law Blog

The election nominations have been called at a time when the current Crofting Commission remains in chaos. The board is divided, the Convener is ostracised but remains in position possibly pending the outcome of a complaint made by him against Fergus Ewing MSP, Cabinet Minister with responsibility for crofting. Vacancies for two appointed Commissioners remain unfilled.

With elections now in sight there is perhaps a glimmer of hope that they will herald in a new batch of commissioners and, as a result a new and improved Crofting Commission. However, the current Convener, Colin Kennedy, has already expressed his intention to stand again for election. He has been accused by many as the root cause of the problems that have plagued the Crofting Commission throughout its first five years of existence. So will it be a change for the better on 17 March 2017 or another 5 years of chaos, trouble and strife? That is now in the hands of the crofters who are the electorate.

The image used to encourage people to stand for election as a crofting commissioner is curiously of a fisherman. I had the following exchange about that on Twitter:-

To stand for election as a crofting commissioner you do not actually have to be a crofter as long as you have been nominated by a crofter entitled to vote at the election. So a pure fisherman, without a croft, could be a crofting commissioner.

My father was a Shetland fisherman and not a crofter. He was not even a fisherman with a croft. However, he would, I am sure, have made a better crofting commissioner than many of the crofters who hold that position today. Perhaps non-crofters being nominated for and being elected as crofting commissioners would avoid the conflicts of interest and power struggles that have plagued the current Crofting Commission over the past five years? Perhaps it would be a good thing for crofting? What do you think?

Brian Inkster

Crofting chaos escalates

Despite 101 blog posts highlighting the crisis within the Crofting Commission, a review being commissioned by the Scottish Government into their governance and countless calls from all quarters for the current Convener, Colin Kennedy, to step down the chaos within the Crofting Commission just seems to get worse by the day.

Before Christmas it truly escalated with the Convener calling a secret meeting of commissioners in an attempt to purportedly overturn the decisions taken at Brora, including the call for him to resign. He failed. Things did not go well for him either, a few days later, at the scheduled meeting of the board on 14 December. That board meeting was covered by BBC Alba and we reproduce here their full report:-

Iain Maclean (presenter) highlighted the matter at the outset of the evening news headlines:-

This evening, more chaos and controversy surrounding the Crofting Commission as two officials refuse to attend a board meeting, they say that they cannot work with the current board.  Three co conveners, have asked the Scottish Parliament for an intervention in relation to Colin Kennedy.

BBC Alba - Commission Chaos - 141216 - Tavish Scott MSPTavish Scott MSP was interviewed stating that:-

The Crofting Commission has failed now to work for crofters, it’s now a mess, it’s now working in an extraordinary manner, involving people leaving the room and not working with the current Chairman.

Then when it came to the full report the presenter, Iain Maclean, stated:-

We start tonight with more absolute crofter chaos, after two officials have refused to attend meetings.  They maintain that they cannot possibly work with the current board.  This follows from the events that unfolded at the last meeting in Brora.  Let us look at today’s meeting in Inverness with Donald Lamont.

BBC Alba - Commission Chaos - 141216 - Colin Kennedy, Convener

Colin Kennedy, Convener of the Crofting Commission, was reportedly looking “very uncomfortable” at the board meeting in Inverness on 14 December 2016

Donald Lamont, reporting from Inverness, told us:-

Everything seemed very wrong at today’s meeting in Inverness, first of all it was obvious that not everyone was present.  Two officials refused to attend and were not present. This suggests that things are coming to a head for Colin Kennedy, who looked very uncomfortable today.

BBC Alba - Commission Chaos - 141216 - Bill Barron, Interim Chief ExecutiveBill Barron. Interim Chief Executive of the Crofting Commission, was then interviewed. He said:-

It’s very regrettable to me that two of my staff didn’t feel comfortable coming to the meeting. That’s because, one commissioner has made various allegations, criticisms, about what they have done in recent months.  They find that unacceptable and I’m supporting their position on that.

Donald Lamont continued:-

One can understand with this news, some of the commissioners are very angry, David Campbell being one of them.

BBC Alba - Commission Chaos - 141216 - Board Meeting - David Campbell, Commissioner, speaksFootage was then shown of the meeting itself with David Campbell saying to the board:-

This is extremely disturbing, extremely disturbing, the most disturbing thing I’ve come across in my time on this board… that two members of staff, by the sounds of what you said there, feel unable to be present here and by your description are unable to work with this board directly in a public forum… that gives me grave, grave concerns.

Donald Lamont went on to say:-

Few of the commissioners still support Kennedy, but things are far from right amongst the board.  With the Commission’s own situation, it is obvious that the crofters themselves are no longer the priority.

Then back to Bill Barron who elaborated:-

On Friday we accepted that it was one continuous meeting in two valid parts. What happened today was that we approved the vast majority of the  minutes of that meeting. There are two issues still to be ironed out on that.  We also noted that there are some doubts about the way the piece of business that led to the motion against the convener, the way that was called, but the commission decided to take no particular further action on that.

Iain Maclean (presenter) then came back on air to say:-

We now go to Holyrood to our political correspondent Niall O’Gallagher.

BBC Alba - Commission Chaos - 141216 - Niall O'GallagherNiall O’Gallagher, reporting from Holyrood, advised:-

They have now moved their business from the Highlands to Edinburgh in relation to the Kennedy situation.  We had three political figures from Labour, SNP and the Lib Dems come together to say that, the minister concerned, Fergus Ewing, needs to remove Colin Kennedy from the Commission to move forward. Talking to us is Lib Dem, Tavish Scott.

Tavish Scott MSP said:-

The Crofters Commission cannot carry on with the chairman it’s currently got, and the dysfunctional nature of the organisation where the senior staff meant to work together for the crofters are instead fighting like ferrets in a sack.  This has got to change.  The minister would have my full support if he now steps in, makes the changes that need to happen, including getting rid of the current chairman, and getting the organisation back to doing what it’s meant to do and that is serving the crofters.

Niall O’Gallagher then continued:-

Other than questions and concerns about the people involved in the Commission at the moment, there is also questions about the work that they actually do.  The opinion many have of the Commission is not a good one, they are not seen to be working to help the crofters who should be their prime concern.  Talking to us from the SNP is Kate Forbes.

BBC Alba - Commission Chaos - 141216 - Kate Forbes MSPKate Forbes MSP said:-

We need to do something.  Next year will be a very important year, they will have elections.  We need to change the situation now!

Presenter, Iain Maclean, returned:-

Thank you Kate, now back to Niall at Holyrood.  What is happening at parliament this evening?

Niall O’Gallagher then rounded matters off from Holyrood:-

We didn’t get a chance to speak to Fergus Ewing tonight.  The parliament’s view is that they don’t want anyone with bad intentions within the Commission.  We managed to have a few words with Alasdair Allan. Talking on behalf of the government he said that there would be an opportunity to pick new commissioners but that it was not for Holyrood to make any quick impulse decisions.

BBC Alba - Commission Chaos - 141216 - Cross Party MeetingIt was also reported online on BBC Naidheachdan that Professor Donald Meek from Tiree, who attended the meeting at Holyrood, had said that all the uncertainty was doing great harm. He is quoted as saying:-

What I realised this evening, was that I was very familiar with the old Commission.

Whatever was happening with the old Commission, there was never any uncertainty about the Commission’s own situation.

The Commission was somewhat subtle, stable, and although you were now and again not in agreement with the Commission, the Commission was still a guiding stone for crofting affairs.

That is not true now at all, ever since the uncertainty arose  in relation to those leading, those who shouldn’t even be there, so on and so forth.

View from the Crofting Law Blog

It is clear (if it was not already) that all is not well at Great Glen House. Now senior employees of the Crofting Commission are refusing to attend board meetings purportedly due to issues involving the Convener.

Despite attempts by the Convener to reverse or nullify the decisions taken by the board at Brora he has failed to do so.

Indeed Bill Barron, Interim Chief Executive to the Crofting Commission, clarified to the Cross Party Group on Crofting at Holyrood, that six commissioners had asked the Convener to stand down at the Brora meeting and have not recanted on that. The Convener has chosen not to.

Thus the call from all six commissioners, who met after the Convener walked out of the board meeting at Brora, for the Convener to resign still stands.

We now also have it reiterated by MSPs from the SNP, Scottish Labour and Scottish Liberal Democrats that they believe that the Convener should go.

Yet the Convener remains defiantly in place, apparently pending hell freezing over.

Investigations concerning a complaint made by the Convener against Fergus Ewing MSP, Cabinet Secretary with responsibility for crofting, appear to still be ongoing. The Scottish Ministers have, it would seem, been paralysed from taking any action concerning the position of convener pending the outcome of those investigations, despite the fact that it remains within their power to do so.

Perhaps the New Year will see this mess unravel and be properly sorted in the way I suggested it should have been back in April 2016. Eight months is hardy a period that would allow Scottish Ministers to be accused of making “quick impulse decisions” as Alasdair Allan MSP suggested might be the case to BBC Alba!

Meantime crofters suffer from a Crofting Commission that cannot, it would appear, be properly regulated itself let alone effectively regulate crofting.

Brian Inkster

Image Credits: © BBC Alba

Gaelic credit: Thanks to Vicki Folan of Inksters for translating the BBC Alba coverage from Gaelic to English