Tag Archives: Cabinet Secretary for the Rural Economy and Connectivity

Fergus Ewing remains in place to oversee Crofting Law Reform

Fergus Ewing - Cabinet Secretary for the Rural Economy (with responsibility for Crofting)

Fergus Ewing MSP

First Minister Nicola Sturgeon today appointed a new, refreshed Scottish Government Cabinet.

Thankfully, at a critical stage in the planned reform of crofting law, she did not shuffle Fergus Ewing MSP away from his post as Cabinet Secretary for Rural Economy with responsibility for crofting. Connectivity has however been moved away from his portfolio and is now with Michael Matheson as Cabinet Secretary for Transport, Infrastructure and Connectivity. Thus Fergus Ewing’s title changes from Cabinet Secretary for the Rural Economy and Connectivity to Cabinet Secretary for Rural Economy.

Fergus Ewing was in post during the difficult times surrounding the common grazings crisis. He has had many meetings with crofting stakeholder groups regarding the need for crofting law reform arising primarily from matters identified in ‘The Crofting Law Sump Report‘. His recent announcement about a two phased approach to crofting law reform was widely welcomed. He understands the problems at hand and what needs to be done to resolve them. It would have been a huge mistake not to allow him to oversee the introduction of the next crofting reform bill.

The 2010 Crofting Law Rush

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Ready, steady… MSPs didn’t have long to get through 230 crofting law amendments!

In my post yesterday, about the two phase approach being taken to crofting law reform by the Scottish Government, I made reference to the rush over the Crofting Reform (Scotland) Act 2010.

I thought it would be worthwhile to remind readers about that rush which in effect took place at Stage 3 of the Bill going through the Scottish Parliament. In that final stage of parliamentary procedure there were around 230 amendments dealt with in around three hours.

At the commencement of the debate the Presiding Officer stated:-

The first division will be a 30-second division, following a five-minute suspension. Thereafter, there will be a voting period of one minute for the first division after a debate and the voting period for all other divisions will be 30 seconds. We are incredibly tight for time, so, to begin with, I ask no speaker to speak for more than one minute.

It is little wonder that we are having to revisit crofting legislation given the potential lack of scrutiny that these 230 last minute amendments might have received in the very limited amount of time allowed to debate them.

Furthermore the rush to get these amendments through saw an opposition amendment being passed without the objections thereto being noted! The chaos surrounding this in the debating chamber at Holyrood was well documented at the time by Scott Wortley on the Edinburgh University Scots Law News Blog: The Crofting Reform (Scotland) Bill and the curious incident of the unopposed opposition amendment.

Back in November 2016 when Fergus Ewing MSP met with the Cross-Party Group on Crofting at Holyrood he stressed the importance of taking time to get crofting reform right. The two phased approach recently announced by him reinforces that.

Let’s hope that we do not see a repeat of the 2010 fiasco when the next crofting reform bill reaches stage 3 debate at the Scottish Parliament. It looks as though Mr Ewing, as Cabinet Secretary for the Rural Economy and Connectivity, will be doing his very best to avoid that.

Brian Inkster

Two Phase approach to Crofting Law Reform announced by Scottish Government

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Fergus Ewing MSP

The Scottish Government’s plans for legislative reform of crofting were first outlined to the Cross-Party Group on Crofting on 28 March 2018 by Fergus Ewing MSP, Cabinet Secretary for the Rural Economy and Connectivity with responsibility for crofting.

Following on from that meeting Mr Ewing has stated:-

This government is determined not to allow crofting to be simply a relic of our past: crofting must have a purpose and a role in our present and our future.

That purpose is to support people to remain on the land and to bring people back to the land, with crofting also playing a role in creating a sustainable and productive environment in which people can live and work. To achieve this, crofting needs an effective regulatory and statutory framework.

Yet, most agree that current crofting legislation is complex and lacking in transparency, having been developed on a ‘piecemeal’ basis over nearly 150 years. We have recently completed a public consultation on what might usefully be changed through legislative reform.

The consultation was launched last August, seeking views from stakeholders on (amongst other things) the Scottish Government’s Crofting Policy, the potential form that new crofting legislation could take, and priorities for legislative change. During the three month consultation period, my officials held a series of 21 meetings with the public and interested stakeholder groups, hearing directly from over 300 individuals across the crofting counties.

The consultation closed in late November last year with 122 responses from individuals and organisations. The responses were independently analysed and a report on that analysis was published in mid-March. The results made for interesting reading and the diversity of responses only highlighted the scale of the challenge ahead.

After careful consideration, there does not appear to be a consensus that would allow me to decide on specific pieces of legislative reform. I was also presented with a dilemma over deciding the best legislative approach to take, as the analysis highlighted almost equal proportions of support for new crofting legislation, versus making changes to existing legislation and restating or consolidating the law.

Following the publication of the analysis report I met with the Cross-Party Group on Crofting to outline how I wish to take matters forward and to hear members and MSPs’ views. I am proposing a two-phase approach to legislative reform, with a first phase in the shorter term, leading to a Bill in this parliamentary session. This first phase will focus on delivering changes which carry widespread support, including across the Scottish Parliament, and result in practical everyday improvements to the lives of crofters and/or streamline procedures that crofters are required to follow. I am keen to fully involve and engage MSPs with crofting interests to ensure that their ideas and proposals can be considered and taken forward in legislation.

The second phase is longer term work, where I have asked my officials to continue with fundamentally reviewing crofting legislation to provide a solution to some of the more complex and challenging issues facing crofting, and what that might mean for how legislation is developed in future. This work will begin now but will be for a future Parliament to deliver.

I’m also keen to use non-legislative means to make changes that help to improve the sustainability of crofting, and encourage new entrants. These will include a National Development Plan for crofting, and a new entrant’s scheme that will directly benefit crofters without the need to wait for legislative change. It is also not just within crofting that I see opportunities to enhance provision – I am keen to encourage more woodland crofts through the National Forest Estate and to ensure that crofting communities benefit from our ambitions for a low carbon economy, and commitment to provide all homes and businesses with access to superfast broadband.

The approach I am taking forward is pragmatic and focused on delivering a future for crofting in 21st Century Scotland My approach seeks to support people to make lives on the land, to diversify to create sustainable livelihoods, and to collaborate with neighbours and communities to find common solutions. That approach is as important to supporting crofting more generally as it is to reforming its statutory frameworks.

The Crofting Commission stated:-

The Crofting Commission look forward to working with Scottish Government and other Stakeholders to take forward crofting legislation reform. The practical approach outlined by the Cabinet Secretary will enable the necessary improvements of phase one to be made in this Parliamentary Session, with more complex issues being held over to a second phase.

In particular the Commission welcome the opportunity to work with the Scottish Government in developing a New Entrants Scheme for crofting and to discuss a future promotional role for the Commission itself.

Rod Mackenzie, Convener of the Crofting Commission, said: “We support the Scottish Government’s decision to take a collaborative approach to rectifying and improving crofting legislation during this Parliament. The Commission will play a full part in this, and will be particularly keen to consider with others what improvements can be made to the law on registration and on common grazings, among other key issues.”

The Scottish Crofting Federation (SCF) also supported the Scottish Government’s proposals. Their chair, Russell Smith, said:-

We are pleased that the Cabinet Secretary has announced a positive way forward for crofting law and restated his commitment to non-legislative changes also. He promised that we will have a bill in this parliamentary session which corrects the major anomalies in the current law and so enables it to work appropriately for crofters. This is the essential course of action needed and will pave the way to a consolidation bill in the next session. It is exactly what SCF hoped for.

There will also be a fundamental review running in parallel which may enable more far-reaching changes to crofting law, whilst maintaining crofters’ rights, in the future. This is very good news for crofting. The Cabinet Secretary asked for input to the bill and the SCF are delighted to contribute.

My view

This seems an eminently sensible way for the Scottish Government to take legislative reform forward. They have recognised the complexities involved and that all that needs to be sorted probably can’t be easily sorted in just one parliamentary term.

Thus splitting reform over two parliamentary terms should allow a comprehensive and considered approach to crofting reform unlike the rushed approach that led to the Crofting Reform (Scotland) Act 2010. That rushed approach created many of the problems requiring to be resolved today.

Brian Inkster

My response to the Consultation on the Future of Crofting Legislation

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The Consultation on the Future of Crofting Legislation received responses up until 20 November 2017. An analysis of the responses was published on 21 March 2018 and Fergus Ewing MSP, Cabinet Secretary for the Rural Economy and Connectivity with responsibility for crofting, outlined the Scottish Government’s plans for legislative reform to the Cross-Party Group on Crofting on 28 March 2018.

I will come back on this blog to look in more detail at the analysis and Government plans. In the meantime I thought I should publish here my own personal response to the Consultation.

Current Scottish Government crofting policy may be stated as:

The Scottish Government values crofting as a form of land tenure and recognises
the added contribution that crofting continues to make to the rural economy and the
sustainability of rural and remote rural communities.

The Scottish Government is committed to reforming crofting to secure its future,
bring new blood into crofting communities, and ensure it can continue to contribute to
the development of a thriving rural Scotland.

This policy is reflected in the current legislative framework which places a number of
duties on crofters, including the duty to reside within 32 km of the croft; cultivate the
croft, or put the croft to another purposeful use; and not misuse or neglect the croft.
These duties serve to maintain the integrity of rural communities in the Highlands
and Islands.

Question 1: Do you agree with the stated Scottish Government policy on crofting?

Answer 1: No strong views on the question of policy but will refer to it when commenting on the ‘Clean Sheet’ approach to legislative reform below.

Question 2: Please select your preferred option to indicate which you believe to be the most suitable way to proceed with any crofting law reform. Should you wish to suggest another approach that has not been discussed above, then please select ‘other’ and provide details.

The options given were:-

Option 1 – Consolidation Bill
Option 2 – Bill amending existing legislation / Pre-Consolidation Bill
Option 3 – Bill amending existing legislation and restating crofting law
Option 4 – Bill setting out ‘new’ crofting law

Answer 2: Option 2.

The Scottish Government has already given a commitment to legislative change. Option 1 will not achieve that and arguably should not have been an option at all.

The Scottish Government’s Crofting Policy “is reflected in the current legislative framework” and thus there would appear no merit in pursuing a ‘Clean Sheet’ approach when current legislation and policy coincide. There is also a danger that pursuing a ‘Clean Sheet’ approach will result in much debate and little ability to actually fix the problems identified in ‘The Sump’ Report within this Parliamentary term. Thus Option 4 should be discounted.

It would appear that Option 3 may result in less problem areas being tackled than Option 2. Consolidation does not need to happen at the same time as amendments to the law and should not be pursued at the same time if that is going to reduce the number of amendments involved to existing law.

Thus Option 2 is really the only sensible one for the Scottish Government to pursue.

Questions 3 – 9 asked various questions on (1) Absenteeism, Misuse and Neglect; (2) Assignation and Succession; (3) Common Grazings; (4) Crofting Commission Regulatory Functions and Processes; (5) Crofting Registration; (6) Owner-occupier Crofts; and (7) Standard Securities.

Question 10 asked for those seven issues to be listed in order of priority: ‘higher priority’ first to ‘lower priority’ last.

Rather than answering those questions individually, or providing a priority list, I decided to deal with that as part and parcel of my answer to question 11 and simply referred the Scottish Government to that particular answer.

Question 11: Please tell us any other thoughts you have about the proposed Crofting Legislation reform not covered in your earlier answers.

I have not answered questions 3 to 10 as I consider my views on these matters to be covered by ‘The Sump’ Report (November 2014) [PDF] and the Proposals put forward by the Scottish Government’s Crofting Legislation Stakeholder Consultation Group (10 February 2015) [PDF]. These documents prioritise matters but ultimately are of the view that all (not some) of the problem areas identified should be tackled and fixed by the Scottish Government. A new Bill under Option 2 should set out to do just that.

My views on Standard Securities are contained in an article entitled “Is it Time for a Crofting Mortgage Bill?” originally published by The Firm Online on 31 May 2010 and subsequently reproduced in The Crofting Law Group Newsletter. Those views have not changed with the passage of time.

Those were my responses. You can view 97 of the 122 submitted responses (N.B. 97 of those 122 respondents gave consent to publish their responses) via this Scottish Government link: https://consult.gov.scot/agriculture-and-rural-communities/crofting-consultation-2017/consultation/published_select_respondent.

In future blog posts I will look at the analysis of those responses and the Scottish Government’s plans in light of that analysis. I will also publish on this blog my views on Standard Securities from 2010 as ‘The Firm Online’, where those views were originally published, is no longer online.

Consultation on the Future of Crofting Legislation

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On 28 August 2017 the Scottish Government launched its consultation document [PDF] on the future of Crofting Legislation seeking views on both the form of the legislation and the priorities for change within it.

Launching the document, Fergus Ewing, the Cabinet Secretary for Rural Economy and Connectivity said:

Crofting delivers valuable local benefits and a successful crofting sector helps our rural communities to thrive. It is therefore vital the law that governs it is fit for purpose.

Initial discussions have shown while there is plenty of agreement that the current law needs to change, there are many views on what should replace it.

I would strongly encourage anyone with an interest in the future of crofting – whether crofters, landowners, those living in a crofting communities or in other parts of Scotland – to take part in this consultation and help us improve future legislation.

The Scottish Crofting Federation (SCF) welcomed the Scottish Government’s commitment to continue the process of reforming crofting legislation within this parliamentary session.

Russell Smith, Chair of the SCF, said:-

This is another stage in the long process of crofting law reform and we are pleased that the Scottish Government is taking this forward. Following the 1993 consolidation act there have been several amendments to crofting legislation but this is still unfinished business. The addition of subsequent layers of legislation, and the fact that amendments have introduced further inconsistencies and errors, has rendered current crofting law difficult to access and, in some aspects, unusable.

This consultation is seeking views on the most suitable way to proceed with any crofting law reform and how it might be improved. It opens up opportunities to take a fresh look at crofting legislation and its purpose. At this point we may ask what crofting legislation should achieve and how best it can do this.

It is widely agreed that the law does need to be reformed further and there are suggested a range of options for taking this forward but neither of the two extremes of merely consolidating with little change or starting all over again with a ‘clean sheet’ are going to achieve a desirable result. So, we are being asked to choose between the workable options of amending and then consolidating the law or ‘restating’ it. The consultation document helpfully explains the difference.

Whilst exploring ways to make the legislation fit for purpose we must not lose sight of the fact that crofting legislation was formed to protect crofters’ rights, not to serve lawyers, this principle is inviolable. The crofting act is the heart of crofting and has evolved over 130 years, adapting to work for crofting in a changing world. This is another time of change, but the basic principles of protection must not be lost.

The SCF will be looking at these options in considerable detail and will be both seeking our members’ views and providing information for them. We encourage all crofters, and others with an interest, to attend the events the Scottish Government will be hosting and to respond to the consultation before it closes.

Scottish Government Officials will be holding a number of public meetings where they will deliver a presentation on the purpose of the consultation, an explanation of the options for changing legislation and an overview on how to respond to the consultation. There will be the opportunity to discuss the options available and to raise questions relating to the consultation.

The first such meeting takes place in Lerwick on 13 September with further meetings already scheduled for Oban (19 September), Kirkwall (26 September), Portree (3 October), Fort William (4 October), Glenuig (5 October), Kinlochbervie (10 October), Lairg (11 October) and Gairloch (12 October). More dates and locations will be announced in due course. A full list of the events, which will be updated regularly, may be found on Eventbrite where you may also register your attendance.

The consultation can be completed on Citizen Space or in printed form by contacting your local RPID Area Office. Copies of the Consultation Document will also be available at the public meetings or by contacting The Scottish Government, The Crofting Bill Team D Spur, Saughton House, Broomhouse Drive, Edinburgh EH11 3XG.

The consultation will last 12 weeks and will close at 00:00 on 20 November 2017. Any questions may also be directed to croftingconsultation@gov.scot

Review highlights “notable and worrying failures” in governance within the Crofting Commission

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Rural Economy Secretary, Fergus Ewing, has asked the Crofting Commission to take urgent action to improve performance in crucial areas following the publication of the Governance Review [PDF] undertaken on the instruction of the Scottish Government by business advisors and accountancy firm Scott-Moncrieff.

The Scottish Government ordered the Governance Review of the Crofting Commission following the crisis of confidence in the organisation due to the inappropriate actions taken on common grazings committees and the subsequent breakdown of relationships within the Commission.

A full action plan including prioritising work to deliver the necessary improvements in the way regulatory cases and Board proceedings are managed will be delivered in response to the findings of the Governance Review.

The Crofting Commission Governance Review highlighted a range of areas that need urgent action including:-

Governance standards, procedures and other arrangements, at both executive and non-executive levels, to underpin effective decision-making, particularly in relation to the Bohuntin, Upper Coll and Mangersta Common Grazings cases [Note: The review did not look at the regulatory decisions themselves]
Arrangements for handling conflicts of interest
Ensuring that capacity building and development needs of Board members are met and that the necessary training is provided.

Rural Economy Secretary, Fergus Ewing, said:-

This review highlights notable and worrying failures in the governance of the crofting commission which must be improved immediately. That is why I have asked the new Chief Executive to urgently prepare an action plan to take this forward.

Crofting is an integral part of Scottish rural life and it is essential that it has an effective regulator. This review, and the action plan which will follow, must help to deliver the necessary changes and ensure the commission is able to lead the crofting industry forward.

Crofting Commission Chief Executive, Bill Barron, said:-

A number of important points have been made in the governance review and we are committed to ensuring robust processes are in place to achieve a high standard of governance within the organisation. I will be putting in place a full action plan to ensure these points are addressed, as requested by the Rural Economy Secretary.

We have already made some of the improvements recommended in the review and we are developing a comprehensive induction programme for the new Board of Commissioners following the elections in March 2017.

Continuous improvement within the Commission, and building on the recommendations from the review, will help us to create a focussed and effective organisation working to secure the future of crofting.

The Scottish Crofting Federation has welcomed the pledge by the Scottish Government to put in place an action plan to address the failures highlighted by the Governance Review. Their Chair, Russell Smith, said:-

The Governance Review of the Crofting Commission, instigated by Scottish Government at our request, has exposed many weaknesses in basic operating procedures and in how the organisation copes with extraordinary individual behaviours. The review has made it clear that a robust Commissioner appraisal process is required, to help identify and deliver ongoing training and skills development. We are particularly keen to see a rationalisation of the roles of Commissioners, establishing when they should be delegating to the executive staff or referring to other bodies that have the required expertise. Commissioners should have a strategic and advisory capacity only. It is clear that they got too involved with executive procedures that they did not have the competence or remit for.

The review team recognises the huge damage done to the reputation of the Commission by the in-fighting and particularly that the vote of no confidence in the convener did not achieve a tangible result, that is, his removal. Frustratingly, the review does not suggest how this will be resolved, though the government’s recent exoneration will open up options.

It is alarming that the review team found there to be fundamental inconsistencies and gaps in records of events that led to the breakdown of the organisation. This appears to have handicapped the review to an extent, and is telling in itself.

The list of areas for improvement is long and the minister for crofting, Mr Fergus Ewing, has instructed that an action plan to address them be put in place as a matter of urgency. This will, we hope, sort out some of the fundamental issues that allowed the near collapse of this significant organisation. We are strongly of the opinion that the purpose and role of Commissioners needs to be appraised and a clear boundary to be set between their overseeing strategy and the staff’s executive function. This seems critical to the health of the Crofting Commission.

No comment appears to have been made by the Convener of the Crofting Commission, Colin Kennedy, on the “notable and worrying failures” found whilst he was at the helm.

Mr Kennedy has, however, as part of his campaign for re-election to the South West Highlands seat on the Crofting Commission, stated to The Oban Times that his “experience prompted” him “to make representations to the Scottish Government, which included insisting an external review was required to establish what was, or was not, going on“. One would, therefore, think that the review was instigated at the insistence of Mr Kennedy!

It was, of course, as a result of the alleged abuse of power within the Crofting Commission whilst Mr Kennedy was in charge that I and the Scottish Crofting Federation, amongst others, called on Fergus Ewing to instigate a review into goings on at Great Glen House.

As far back as April 2016, I stated:-

In 1883 a Royal Commission (The Napier Commission) was set up by Gladstone’s Liberal Government. Its purpose was ‘to inquire into the conditions of the crofters and cottars in the Highlands and Islands of Scotland’ and everything concerning them. This came on the back of The Highland Clearances and ‘The Battle of the Braes’ where the Braes crofters stood up against the 50 policemen brought in from Glasgow following the loss of their hill pasture on Ben Lee and a rent strike in protest. The Report by the Napier Commission resulted in the first Crofters Act in 1886 providing security of tenure for crofters.

130 years after security of tenure was given to crofters a new form of clearance is happening in the Highlands and Islands: The clearance of common grazings committees by the Crofting Commission. They are wielding power in an unjustified and brutal manner reminiscent of landlords from the nineteenth century. We are about to see I believe ‘The Battle of Great Glen House’ (this time perhaps fought with paper and ink rather than stones) and the Scottish Government must now institute an inquiry into the actings of the Crofting Commission and everything concerning them.

In May 2016 the then Chair of the Scottish Crofting Federation, Fiona Mandeville, referring to a meeting held in Ullapool to discuss the common grazings crisis said:-

The meeting was unequivocal in its opinion of the Crofting Commission’s conduct. As well as a vote of no confidence in the Commission, the meeting thought that it would be appropriate for the convener of the Commission to stand aside whilst an investigation is carried out into the summary dismissals of grazings committees and the internal procedures of the Commission that has led to this debacle. The Scottish Crofting Federation fully supports this.

Then in June 2016 the Scottish Crofting Federation reiterated its call on Scottish Ministers to intervene in the crofting common grazings debacle and to instigate an external examination of the Crofting Commission, following revelations of a cover-up. Fiona Mandeville then said:-

We reiterate our petition that the Scottish Ministers intervene and ensure that an impartial examination of the Commission’s recent conduct is carried out by a competent external body.

This is extremely disappointing. It seems that the only way to deal with this is through an external audit of the Commission’s behaviour over the common grazings. And we do mean a full audit.

Also in June 2016 Brian Wilson writing in The Scotsman said:-

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

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

In September 2016 the West Highland Free Press called for decisive Ministerial intervention in the crofting crisis. Their editor stated:-

As crofting minister Mr Ewing has a duty to be open and transparent in the exercise of his responsibility. He is not just another interested observer.

He also has a duty to the crofting community to ensure that its governing body adheres to best practice and does not trample crofters into the ground.

The West Highland Free Press have also, of course, repeatedly called on Fergus Ewing to remove Colin Kennedy as Convener of the Crofting Commission. They were of the view that “more than anybody else, Mr Kennedy spearheaded the assault on the grazings committees“.

So, no, it was not Colin Kennedy who asked for the Governance Review. But it was his actions that were certainly behind the call by the many who did want to see such a review and are not surprised at all by its findings. I will consider those findings in some detail in future posts on this blog.

Brian Inkster

Image Credit: Commission on the Rocks – Cartoon © A concerned crofter

Ewing Exonerated

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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

Last vacant Crofting Commissioner seat filled at last

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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

New SCF Chair

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Russell Smith – Chair of the Scottish Crofting Federation

With recent news of crofting commissioner appointments and a new CEO at the Crofting Commission it should also be noted that just before Christmas a new chair was appointed to the Scottish Crofting Federation (SCF).

At their board and council meeting on 16 December 2016, the SCF said thanks to the out-going chair, Fiona Mandeville, who stepped down on completion of her two year tenure. Fiona handed the role to Russell Smith, a crofter from Bonar Bridge in Sutherland.

Mr Smith commented:-

The Federation has achieved a great deal in the past two years, not least the pledges made by the SNP in their manifesto and confirmed recently by the Cabinet Secretary for crofting, Fergus Ewing MSP. The pledges mirror the ‘Five Actions for Crofting’ published by the SCF just before the election.

We have brought crofting very much back on to the Scottish Government agenda with the promise from them to modernise crofting law and make it more transparent, understandable and workable in practice. This will be no mean feat but the law needs to be made to work for crofters not for lawyers. We have won a substantial improvement in the Croft House Grant Scheme and await the government’s action to re-introduce the Croft House Loan Scheme.

Scottish Government will also explore mechanisms to make more publicly owned land available to new entrants, a long running campaign of the SCF, and have promised to introduce a new entrant’s scheme for crofting and to explore the creation of new woodland crofts. At last the National Development Plan for Crofting we asked for is closer to becoming a reality.

So, yes, we have achieved a lot, but there is still much to do. With the prospect of leaving the European Union, one of the few certainties is that support to agriculture and particularly to crofting will have to be fought for. Being the only organisation solely dedicated to representing crofters means that SCF will have to fight hard to avoid being marginalised by big farmers in other parts of the country. Crofters need to stand together under one banner so that our voices can be heard.

New Crofting Commission CEO not Commissioner!

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The 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.

The 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