Tag Archives: David Campbell

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


  • 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



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

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.


  • 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 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:-


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.


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

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

Secret meeting declares Brora meeting valid

Crofting Commission 'secret' Special Meeting

Crofting Commissioners meet to debate legality of their previous meeting

In my last post I considered the background to the ‘secret’ special meeting of the Crofting Commission that was to be held in Inverness this morning. It had been requested by the Convener of the Crofting Commission, Colin Kennedy, purportedly to seek to overturn the decisions taken after he walked out of the Brora meeting.

Mr Kennedy has maintained in statements to the media that the Brora meeting was ultra vires (illegal). It is assumed that he was to argue this at the special meeting called by him this morning even although I pointed out yesterday that it would be a clear conflict of interest for him to participate in any decision making process in this regard.

It was reported by the BBC that at the start of the meeting commissioner David Campbell (West Highlands) made a motion for the meeting to be held in public for the purposes of natural justice, accountability and transparency to the ordinary crofter.

However, none of the other commissioners in the room (who are all crofters) were willing to second this motion. Thus the meeting proceeded in secret and out of honourable principle Mr Campbell departed the meeting at the same time as the press and public were excluded.

David Campbell departs the meeting as it was being held in private rather than public

David Campbell departs the meeting as it was being held in private rather than public

Commissioner Murdo Maclennan (Western Isles) did not attend the meeting. It was reported by the BBC that this was due to a threat of legal action against the Commission/Commissioners by the Convener.

Thus the secret ‘cabal’ consisted of:-

  • Colin Kennedy (Convener) – South West Highlands
  • Ian George Macdonald (Vice-convener) – West Highlands
  • Kathleen Sinclair – Shetland
  • Arnold Pirie – Caithness and Orkney
  • Marina Dennis – East Highlands

However, at the end of the day (after a 6 hour meeting) the Convener didn’t appear to get his way.

Bill Barron confirms that the Brora Meeting was valid

Bill Barron confirms that the Brora Meeting was valid

The official statement issued by Interim Chief Executive Bill Barron to the BBC after the meeting stated:-

At the request of the Convener, the interim CEO called a special meeting of the Crofting Commission on Friday 9 December 2016.

The Commissioners present reaffirmed the importance of working together effectively in the final months of their terms.

The Board also discussed the status of the meeting held in Brora in September and how to move forward.

The Board decided that there was one meeting in Brora which took place in two valid parts, the meeting previously referred to as a special meeting being a continuation of the scheduled Board meeting.

Any consequences from this will be considered at their Board meeting on Wednesday 14 December 2016.

So six hours to decide that the two meetings in Brora (one with the Convener present and one without him after he walked out) were in fact one meeting held in two parts. It is assumed that legal advice had been sought on this (the Commission’s lawyer was evident in the film of the meeting shown on BBC Alba tonight) and that such advice conflicted with the Convener’s own interpretation which may well have been ingenious but flawed.

So there we have it: The Convener’s publicly stated position on the Brora meeting has been wrong from the outset. But will he now accept that?

The official statement says that any consequences from this will be considered at the Board meeting on Wednesday. Surely there are no consequences as such if the meeting was a legally held one. Is it not just a case of approving the minutes and moving on? Or are the consequences linked to the Convener’s stance on the meeting being ultra vires? After all in terms of the Standing Orders [PDF]:-

Once a decision has been reached, all members have a corporate responsibility to recognise and accept the decision as that of the Crofting Commission. Corporate responsibility entails that members must adhere to and accept such a decision until it is otherwise altered.

We will no doubt find out on Wednesday!

Brian Inkster

Image Credits: © 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

‘A Menacing Presence’

'A Menacing Prescence'

It was not the first time that the Crofting Commission had been referred to as ‘The Dark Side’

As indicated previously I am still catching up with news of ‘The Common Clearances‘ since I returned from holiday.

One news item in the saga from last month involved a meeting called by the Crofting Commission with shareholders of the Mangersta Common Grazings (their committee having been removed from office by the Crofting Commission).

There were three press releases relating to the meeting (one with a slightly different slant on it) and that as follows:-

Statement by the Crofting Commission

The Crofting Commission met with shareholders of Mangersta common grazings today, Tuesday 17 May.  The meeting was productive and the Commission would like to thank shareholders for their positive contribution.

The Crofting Commission conducted a closed meeting to give shareholders information on the current state of their common grazings finances as determined by the Commission appointed Grazings Constable.  The meeting has also provided opportunity to seek an agreement on the best way forward to ensure that the committee’s significant level of funds is distributed to shareholders appropriately.   The Commission are committed to achieving a resolution in Mangersta and would like to encourage shareholders to continue to work with us, and hope that this leads to the appointment of a new grazings committee in the near future.

The Commission wants to encourage the good shared management of common grazings across the crofting counties and the most effective way to do this is through properly constituted grazings committees. Clear grazings regulations are the most effective way to safe guard the future common grazing land for the benefit of all crofters.

Statement by the Former Committee members and clerk to Mangersta Common Grazings

The Former Committee members and clerk to Mangersta Common Grazings have expressed “profound concern about the implications for the whole crofting system of the actions now being pursued by the Crofting Commission”.

The statement from the group – who were removed from office on the orders of the Commission – followed a meeting convened by the Commission to explain its position.

Following the meeting, attendees said:

This is no longer about Mangersta or any other specific village which the Commission has intervened in.  It is about the very existence of the crofting system on any kind of viable, community basis.

The position of the Commission is that all money coming into a village for agricultural and environmental schemes must be distributed to individual shareholders, no matter where they live or what their contribution to the crofting life of the village is.

They say that these payments should be declared for the purposes of taxation – the phrase used was that they needed to be ‘taxed and cleaned up’. Individual shareholders should then be asked to make payments back into the Grazings Committee for the purposes originally intended.

In terms of crofting, this is completely mad and unsustainable.  What Grazings Committee is going to apply for any scheme under these conditions?

When shareholders at the meeting questioned the legality of the Commissioners proposals they were told that if all shareholders did not accept them, the Commission would not allow Mangersta Grazings shareholders to reform a committee.

The statement repeated the call for an inquiry into the operations of the Crofting Commission and also asked for an urgent debate in the Scottish Parliament to seek clarification on the issues involved.

At the outset of the meeting, the chairman, William Swann, over-ruled objections to the unannounced presence of the Crofting Commission convener, Colin Kennedy, who did not participate in the discussion. Mr Swann said that Mr Kennedy has a ‘conflict of interest’ but would not ask him to leave the meeting.

Mr. Swann also refused to respond to questions about the legality of the Commission’s actions in removing the grazings clerk and committee members from office replacing them with a Grazings Constable. He said that only the Scottish Land Court could rule on that matter.  The legal advice received by the Mangersta shareholders is that there was no basis in law for the Commission’s actions.

Crofting law expert, Brian Inkster of Inksters Solicitors, who wrote to the Crofting Commission pointing out that, in his view, the appointment of a Grazings Constable in these circumstances was illegal, said:-

The Crofting Commission has not responded with any legal argument as to why they consider their actions to be legal. They have simply stated that they consider their decision to be a final one and they have no authority to revisit their own decisions in these circumstances. So they appear to consider that they can do as they please with no real regard to the law and if decisions are illegal they cannot reverse them!

This is also self evident from the appearance at the meeting unannounced, but with an acknowledged conflict of interest, of convener Colin Kennedy. It is stated in Paragraph 13(2) of Schedule 1 to the Crofters (Scotland) Act 1993 that ‘the convener must, if present, chair meetings of the Commission and any of their committees’. He didn’t chair this meeting, remained silent and allowed Mr. Swann to chair. Yet again the Crofting Commission simply rips up the rule book.

No public body should be allowed to behave like this and now that we have a new Cabinet Secretary with responsibility for crofting, namely Fergus Ewing, he will hopefully put a stop to it.

If Mr. Swann considers that only the Scottish Land Court can rule on the matter then the Crofting Commission should be making an application to the Land Court under Section 53 of the Crofters (Scotland) Act 1993 for confirmation as to the legality or otherwise of their actions. Until such time as they do so, and in the absence of any legal argument to the contrary, my advice to any Grazings Committee who has been dismissed and replaced by a Grazings Constable is to treat any actions by that Constable as being null and void and carrying no legal authority.

The former committee members and clerk reiterated at the meeting that they could see no way forward until the Crofting Commission publicly admit their error and issue an apology for their actions.  The statement said:

The Crofting Commission is a statutory body which must act within the law.

This affair has opened up issues which are fundamental to the whole crofting system and there is no confidence in the Crofting Commission, left to its own devices, to act in the best interests of crofting or in accordance with their statutory remit. Urgent intervention is now required.

Statement by the Scottish Crofting Federation

The Scottish Crofting Federation (SCF) has expressed astonishment that the convener of the Crofting Commission attended the Mangersta grazings ‘closed’ meeting unannounced.

Fiona Mandeville, chair of the SCF, said

This could be seen as blatant intimidation. It is an old trick to bring someone along to a sensitive meeting who sits in the background as a menacing presence. Perhaps this was not the intention, but it was very poor diplomacy.

Following the widely reported skirmishes between two Lewis grazings and the Crofting Commission, notice recently went out to shareholders of Mangersta grazings, from the Crofting Commission, inviting them to attend a meeting to try to move towards resolution in the conflict. The letter made clear that Commissioners William Swan, Marina Dennis and David Campbell would be present. There was no mention that Commissioner Colin Kennedy, who has been at the heart of the two conflicts and was the subject of complaints about his aggressive meeting style, would be there.

Ms Mandeville continued:-

Apparently shareholders attending asked that he be removed from the meeting but the chair, William Swan, said that, although Mr Kennedy had a conflict of interest, he would be allowed to stay.

We are simply astonished. At every turn the Commission seems bent on thwarting this process and opening itself to further criticism. We were encouraged to hear of the meeting and felt the Commission was trying for reconciliation, but this latest misjudgement will add to the grave concern felt by everyone who cares about crofting’s well-being.


Given how the Crofting Commission handled the meeting it is hard to see how they could put such a positive spin on it. The Convener, with an acknowledged conflict of interest, should quite simply not have been there. That in itself could have made all the difference and been the start of the Crofting Commission rebuilding their shattered credibility. The opposite has been the case as subsequent events have testified.

Brian Inkster

Image Credit: Star Wars: Episode I – The Phantom Menace © Lucasfilm Ltd

Future of Crofting Conference in Tweets

Future of Crofting Conference - Jean Urquhart MSPI was live tweeting from @croftinglaw yesterday at The Future of Crofting Conference in Inverness. Here is what I tweeted:-

The Future of Crofting Conference gets underway #croftingfuture

Future of Crofting Conference gets underway

Importance of crofting to the economy and need for practical measures to assist being espoused by @JamieMcGrigor #croftingfuture

We can now see but not hear @AileenMcLeodMSP. Technical issues with video sound hopefully be resolved shortly! #croftingfuture

We now have @AileenMcLeodMSP on screen both vision and sound. #croftingfuture

Hearing about @AileenMcLeodMSP’s visits around Crofting Counties (including Orkney and Shetland) and visits to @CroftingScot #croftingfuture

Meant to tweet a pic of @AileenMcLeodMSP at #croftingfuture conference. Here it is:

Aileen McLeod at Future of Crofting Conference

Now hearing from @AileenMcLeodMSP about the Vision for Crofting being formulated by various stakeholder groups #croftingfuture

Discussion by @AileenMcLeodMSP about @CroftingLawSump and taking crofting legislation forward in next parliamentary session #croftingfuture

Importance of young crofters being highlighted by @AileenMcLeodMSP #croftingfuture

Reference by @JamieMcGrigor to @AileenMcLeodMSP being an early SPICE girl! #croftingfuture

Next up @MarkShucksmith #croftingfuture

Crofting “a smallholding entirely surrounded by regulations… OR a model for the 21st century?” @MarkShucksmith #croftingfuture

Four main issues emerged from @MarkShucksmith’s report #croftingfuture

Mark Shucksmith - four main crofting issues

Working the land was the message @MarkShucksmith got over and over again #croftingfuture

Key diagram for better governance @MarkShucksmith #croftingfuture

Mark Shucksmith - Key Crofting Diagram for Better Governance

Regulation half the story need development @MarkShucksmith #croftingfuture

Early cross party support but that turned by some into bin @MarkShucksmith #croftingfuture

Bin @MarkShucksmith’s Report image #croftingfuture:

Mark Shucksmith - Bin the Crofting Report Campaign

Unfinished business @MarkShucksmith #croftingfuture

Mark Shucksmith - Unfinished Crofting Business

Evidence from @MarkShucksmith’s Report still there but does anyone refer to it today? Should still do so when considering #croftingfuture

Report by @MarkShucksmith been translated into Japanese. Norway, Ireland and West Virginia all looking at it. #croftingfuture

Introduction given by @iangeorgemacdo1 in Gaelic. Now speaking (in English) about the ‘new’ Crofting Commission #croftingfuture

Latest @CroftingScot Plan more fully aligned with legislation @iangeorgemacdo1 #croftingfuture perhaps depending on your interpretation 😉

Large amount of cooperation with @coftingscot at roadshows from all stakeholders #croftingfuture

5 main areas to focus on in #croftingfuture….

1. Simplify crofting legislation #croftingfuture

2. Make crofts available to new entrants #croftingfuture

3. Increase affordable housing with meaningful grants and loans #croftingfuture

4. Provide specific ring fenced funding to a lead body to develop crofting #croftingfuture

5. Provide financial incentives through Pillars 1 and 2 #croftingfuture

RT @culcairn Mr Inksters addressing conference #croftingfuture

Future of Crofting Conference - Brian Inkster - The Sump

View from the fank: Young crofters need help with housing and crofters need less forms to fill out. #croftingfuture

Strong sense at #croftingfuture conference that croft mortgages should have been introduced in 2010 Act as originally intended. @scotgov

Get @BillGates to come to crofting counties + use renewable energy on crofts to power @Microsoft servers located in Scotland #croftingfuture

Prof @FrankRennie‘s #croftingfuture presentation ‘The Wider Cultural Context’ is available here:

Now Neil Ross of HIE on Crofting development #croftingfuture

Importance of working together – collaboration #croftingfuture

Future of Crofting Conference - Neil Ross - Collaboration

Now discussing wooly willows in species re-introductions to Scotland #croftingfuture

Panel discussion on crofting development #croftingfuture

Future of Crofting Conference - Panel on Development

More crofts needed #croftingfuture – perhaps reallocating absent and neglected crofts first rather than creating more that may go that way?

How do you actually bring crofting to Moray and Nairnshire? #croftingfuture – no easy answer to that one!

RT @kate4SLB Great quote at #futureofcrofting ‘should do away with the word ‘remote’ – anywhere outside the Highlands is remote for us!’

Only crofters themselves and those that aspire to be crofters can drive the future of crofting @JimHunter22 #croftingfuture

Can buy 200,000 acres of land in Sutherland and no regulation affecting it but not the case with a 5 acre croft @JimHunter22 #croftingfuture

Land Reform the elephant in the room. Crofting not a poor man’s farm. Need to know what we want, clarify that + move forward #croftingfuture

#croftingfuture afternoon session opened and to be facilitated by @JeanUrquhartMSP

Gordon Jackson of @scotgov now looking at the Vision #croftingfuture

Future of Crofting Conference - Gordon Jackson - Vision

Average age of a farmer = 58. Crofter probably a bit higher. #croftingfuture

Hearing about croftingconnections.com -exemplary and of national importance #croftingfuture

Now hearing about @SCFYC #croftingfuture

View from the fank on #croftingfuture is an optimistic one.

Final panel Q&A of the day at #croftingfuture

Future of Crofting Conference - Final Panel Session

Landlords who created crofts made them too small to force crofters into other work as well @JimHunter22 #croftingfuture

Very positive to hear young folk positive about the future of crofting @JimHunter22 #croftingfuture

Need to expand @WoodlandCrofts being discussed #croftingfuture

Commitment from @SCFHq to help create new crofts #croftingfuture

Can create new crofts from large ones. One big croft could be divided into several smaller ones. #croftingfuture

Best time to plant a tree was 30 years ago. Second best time is today. @JeanUrquhartMSP recommends we take action asap #croftingfuture

RT @SCFYC “Let’s not stand back & watch while crofting disappears, we are a vital part of agriculture in Scotland” – Jean Urquhart MSP

#croftingfuture conference comes to an end. Interesting day and look forward to @scotgov action on @CroftingLawSump in 2016.

Brian Inkster

A New Solicitor for the Crofting Commission

David Findlay - Crofting Commission Solicitor

David Findlay – Crofting Commission Solicitor

David Findlay has been appointed as the Solicitor to the Crofting Commission.

David is from Perthshire (with roots in Lewis), and began his career in Stornoway as a trainee. He then moved to a Perthshire firm, before moving North again to join Macleod & MacCallum’s Rural Land Department. During his time at Macleod & MacCallum he specialised in crofting law, becoming accredited as a specialist by the Law Society of Scotland in 2013.

David will be part of the Commission’s Senior Management Team, comprising:-

  • Catriona Maclean, Chief Executive and Accountable Officer
  • John Toal – Head of Policy and Crofting Duties
  • Donna Smith – Head of Information Systems
  • Joseph Kerr – Head of Regulation
  • Jane Thomas – Head of Corporate and Customer Services

All Change

The regulatory body for crofting has been through a period of intense change.

The old Crofters Commission was abolished by the Crofting Reform (Scotland) Act 2010. The new Crofting Commission was formed in 2012, and comprised 3 appointed and 6 elected Commissioners.

The Commission’s former Chief Executive Nick Reiter retired in 2012, and Catriona Maclean is now in that post. Mr Reiter’s retirement was followed the next year by the resignation of Donnie Ross, Commissioner for Caithness, Orkney and East Highlands. Mr Ross was replaced by Marina Dennis, who had previously served as a Commissioner with the Crofters Commission.

Sandy Cross, an appointed Commissioner who was to specifically represent the interests of landlords, also resigned, in 2014. He has recently been replaced by David Campbell.

In addition, there have been several changes in the Commission’s legal agency since the early retirement of Donald Smith in 2010.

Is all Publicity Good Publicity?

The Commission have also been in the news (and in this blog) several times over the last few years, as a result of the stance they took on owner-occupiers decrofting – namely that the 2010 Act did not allow them to do so. This was tagged the #decroftingdebacle, and resulted in the Crofting (Amendment) (Scotland) Act 2013, which my colleague Brian Inkster considered to be wholly unnecessary.

The #decroftingdebacle was followed by the Commission’s policy to shackle together legally those who owned parts of a croft. The signature of each owner was required on an application to decroft or let, and that policy caused serious problems for many crofters.

The Commission will now change that policy, in light of the decision of the Scottish Land Court in MacGillivary v Crofting Commission (blogged by Brian: Crofting Commission make a U-turn on Decrofting Appeal to the benefit of many owner-occupiers).

The Commission and its staff must surely be looking forward to sailing in calmer waters ahead, and we wish them well in that.

Eilidh Ross MacLellan