Tag Archives: Yes Crofting Minister

Fudged response from Crofting Commission

Fudged response from Crofting CommissionFollowing the revelation this morning that the Cabinet Secretary for the Rural Economy and Connectivity, Fergus Ewing, has stated in a letter that he wholly disagrees with the Convener of the Crofting Commission, Colin Kennedy, over the handling of the common grazings debacle, I said that I awaited the Commission’s response with bated breath.

When it came this afternoon it was a fudged response which unfortunately but perhaps unsurprisingly did nothing to restore the faith of crofters in their regulator.

BBC Radio Scotland Newsdrive this afternoon aired a statement by Murdo Maclennan, Crofting Commissioner, who said on behalf of members (the Convener, Colin Kennedy, again conspicuous by his absence in front of the media):-

Once the letter was received the Convener convened a meeting of the Commission.

We had a full debate about it. As within every public body there are different views but at the end of the day we came to a unanimous decision on it and that has been conveyed to the minister.

So the position of the Scottish Government is one which we fully support and in a sense have never adversely had taken any adverse effect or decision regarding the Crofting Commission in relation to it.

I was then interviewed by BBC Radio Scotland Newsdrive and said:-

I can’t see how the Crofting Commission can take that view. I mean it has been made absolutely clear to them, from what I can understand, that they got it wrong and for them to think that in some sort of way that they didn’t is beyond me.

There needs to be clarity from the Crofting Commission. In light of the letter from Fergus Ewing I would have thought it would be a case of them holding their hands up in the air and saying “sorry we got it wrong, we apologise and we are going to do things to make this right and not happen again”.

But that is not what they have done or doesn’t seem to be what they have done so far.

Further comment by the Crofting Law Blog

Murdo Maclennan on one hand says that the Commission fully supports the position of the Scottish Government (i.e. that the Commission got it wrong) but on the other hand suggests that the Commission never did anything adverse to that position (i.e. didn’t do anything wrong?)!

Again this is done in a way that would not have been out of place in an episode of Yes Minister. Sir Humphrey Appleby would have delighted in the obfuscation and manipulation displayed with the almost unintelligible statement that:-

in a sense [the Commission] have never adversely had taken any adverse effect or decision regarding the Crofting Commission in relation to it.

That is I believe fairly accurately transcribed having listened to the recording on BBC iPlayer several times. Make of it what you will but my reading is a denial of wrongdoing. We may, of course, receive a Trump like retraction tomorrow that there was any meaning of the sort intended.

However, it is high time that the Crofting Commission gave crofters clarity over this matter. Crofting law may be complex but the utterings of the Crofting Commission are more complex and harder to decipher still.

The Scottish Government have told the Crofting Commission in no uncertain terms that they got it wrong. If they actually support that view then they should come out straight and admit that they got it wrong and apologise to the grazing committee members that they have wrongly tarnished and accused of wrongdoing. Unless and until they do so in clear and unambiguous terms no one can have any faith in anything that they do or say.

Brian Inkster

Yes Crofting Minister

Yes Crofting Minister

James Hacker: You said yourself how important these select committees are. I cannot be seen to mislead them.
Sir Humphrey Appleby: You will not be SEEN to mislead them.

How the Crofting Commission played out their sudden and surprise U-turn on the question of ‘The Common Clearances‘ would not have been out of place in an episode of Yes Minister. Sir Humphrey Appleby would have delighted in the obfuscation and manipulation displayed by the Crofting Commission in Holyrood on Wednesday night. However, like Sir Humphrey, the Crofting Commission is not immune to making miscalculations or outright blunders.

It was the first meeting, since the latest Scottish Government was formed, of the Cross Party Group on Crofting within the Scottish Parliament.

It was the first time, since allegations of abuse of power within the Crofting Commission over ‘The Common Clearances‘ were made, that the Crofting Commission would meet eye to eye with politicians and other crofting stakeholders in a public forum.

In the preceding week or two damning revelations had been made of historical revisionism and flouting the will of Parliament on the part of the Crofting Commission. This was on top of votes of no confidence against them, the Convener of the Crofting Commission attending meetings despite a clear conflict of interest,  a Crofting Commissioner resigning and calls for the Scottish Government to investigate the whole matter.

It looked like the Commission would be in for a very rough time at the Cross Party Group meeting.

They knew that and had to do something quick and decisive to limit the damage being caused to them and that could be wrought on them at that meeting.

Nothing like a massive U-turn, with an attempt to dress it up in other ways, to achieve that.

So Crofting Commissioner, Murdo Maclennan (the Convener, Colin Kennedy, was conspicuous by his absence), announced to the Cross Party Group that he “thought we have a conclusion” on Mangersta and there was “no grazing constable in place at the moment“.

On being pressed for clarification on certain elements of this the Chief Executive of the Crofting Commission, Catriona Maclean, elaborated that:-

there is no constable at present, the case is over and the people of Mangersta will be advised.

So case closed and no further discussion on that then. Please move along ladies and gentlemen.

When the removal of the Upper Coll common grazings committee from office was mentioned that, of course, could not be discussed as it was subject to on going proceedings in the Scottish Land Court.

The third committee that the Crofting Commission have evicted from office was not mentioned at all, other than briefly by me when Commissioner Murdo Maclennan insisted that I declare my interests. I think that perhaps backfired on him as the Commission would rather pretend that episode never happened as there has, to date, been no publicity surrounding it.

So one case conveniently closed, one sub judice and one we can simply forget about. Thus nothing really to talk about.

The extra gloss on this being that new guidelines were being produced by the Commission and all would be well when these were issued and followed. My criticism of this approach is already well known. You have to get the law right first before you write guidelines about how to follow that law. The Commission’s viewpoint is that their interpretation of the law will follow “in due course”. Perhaps this is because their latest massive U-turn means they actually now accept the law to be as I have been setting it out to be on this blog for some time!

The U-turn is great news for the shareholders in the Mangersta Common Grazings and the former members of their grazings committee. It is a vindication of the position correctly maintained by them throughout.

It leaves the Crofting Commission with egg on their face however they try to dress it up. The Emperor’s New Clothes remains a theme, in so far as the Commission is concerned, post the Cross Party Group meeting.

In my next blog post I will reveal how the Crofting Commission not only ignore the law but lawyers who write to them concerning it. In a subsequent blog post I will explore the significance of the latest U-turn by the Crofting Commission and the possible repercussions thereof.

Brian Inkster

Image Credit: Yes Minister © BBC

Update – 2 July 2016: Ignore the law and the lawyers