Tag Archives: Common Grazings Regulations

Crofting Law Group Conference 2017

The Crofting Law Group are holding their annual conference this year at Lews Castle, Stornoway, Isle of Lewis on 9th June 2017.

Chaired by Sir Crispin Agnew of Lochnaw, Bt. QC, the conference will look at the Scottish Government’s proposals for Crofting Law Reform, where things are at and what happens next. Michael O’Neill from the Crofting Bill Team of the Scottish Government will guide delegates through that. There will be views from Patrick Krause Chief Executive of the Scottish Crofting Federation.

Bill Barron, Chief Executive of the Crofting Commission will provide a Crofting Commission Update.

The Conference will look at the question of Common Grazings, what went wrong last year (a recurring theme on this blog!) and what does the future hold with reference to the Crofting Commission’s proposed new Common Grazing Regulations Template. There will be contributions and discussion on this topic from the Crofting Commission’s Solicitor, David Findlay, Solicitor Brian Inkster, Crofters and Landlords. Relevant excerpts of the film ‘Grazing on the Edge’ will be shown and introduced by Janette Sutherland of the Scottish Agricultural College.

Duncan MacPhee, Solicitor, will look at Mortgages for Croft Houses.

There will also be the usual case law update provided this year by Robert Sutherland, Advocate.

Representatives from Registers of Scotland will be on hand to answer any queries concerning the Crofting Register.

For full details and to book your place see Crofting Law Conference 2017 on the Crofting Law Group website.

Constable Propaganda

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The real “dictatorial regime” was clear for all to see despite or perhaps because of their propaganda

Colin Souter’s persistent insistence that he can continue to act as ‘committee’ to the Upper Coll Grazings is perplexing indeed in the face of clear opposition to his involvement from the majority of shareholders.

Following the meeting of shareholders called by Mr Souter in Upper Coll last night he issued a press release (he is the only ‘clerk’ in the country known to advise the press of shareholders business in this way). This press release is very much in the tone of propaganda issued on behalf of the Crofting Commission who remain silent on the issue and appear to allow Mr Souter to speak for them.

The Crofting Commission have been under fire for many months now over an alleged abuse of power in removing three grazings committees from office in circumstances thought my most onlookers to be completely unjustified and unreasonable.

I would offer my comments on this latest ‘propaganda’ by quoting sections of it (in italics) with my analysis following each section:-

A third official meeting of shareholders was chaired at Upper Coll last night by the Grazings Constable, Mr Colin Souter.

It is very debatable whether a meeting of shareholders convened by a reputedly illegal grazings constable can ever be an official one. On the illegality of his appointment see:-

Crofting Commission’s appointment of Grazings Constable is illegal

Grazings Constables Risk the Clink

Crofting Commission knew they were acting illegally in appointing Grazings Constables

Grazings Constables were added to the Sump by the Crofting Commission

During his opening remarks, Mr Souter was interrupted by the former Committee chairman, apparently wishing to raise a point of order. Mr Souter responded that he would take the point at the conclusion of his statement to the meeting.

If a point of order was raised at the outset of the meeting should it not have been taken immediately? Mr Souter clearly does not want to let shareholders have their say and is suppressing their right to be heard at a shareholders meeting. That is not the role of a ‘clerk’ even if legally appointed.

In response to that delay, a number of former Committee members and their supporters, many of whom have no shares in the grazings, got up and left the room, in what was declared by those shareholders remaining, to be an obvious pre-planned move. The meeting continued with the remaining shareholders present and worked constructively through a busy agenda.

Mr Souter omits how many left the meeting and how many remained. I understand that 11 people (shareholders or proxies for shareholders) walked out leaving only 4 shareholders (2 full shareholders and 2 half shareholders remaining).

Shareholders vote with their feet at Upper Coll by leaving the meeting arranged by Colin Souter

Another 4 people remained whose status were not declared but who were not shareholders. No proxies were presented by them at the beginning of the meeting.

The 11 who left the meeting had the clear support of 26 out of 42 shareholders who had signed a petition that stated:-

“I support the election of a new Grazings Committee to run the affairs of Upper Coll Township. I also request the removal of the illegally imposed Grazings Constable with immediate effect.”

Thus Mr Souter decided to proceed with a meeting in the clear knowledge that a very small number of shareholders (perhaps only 4 out of 42) supported him and the meeting in question.”

The meeting continued with the remaining shareholders present and worked constructively through a busy agenda. Shareholders were provided with additional new information and after discussion and debate, voted on a number of issues, many declaring it was the first such opportunity to vote on shareholder matters in the grazings for a number of years and hoped it was an indication of the way forward.

Why were possibly only the 4 out of 42 shareholders present at the meeting “provided with additional new information”? Surely any additional new information should have been provided to shareholders in advance of the meeting. How can decisions be taken on such matters in the absence of actual consultation thereon?

Mr Souter sent a letter to all shareholders on 12 September. Why was this additional new information not included with that letter? No vote should have been taken on such issues in such circumstances. Although any vote was, in any event, very much a minority one given that the majority had expressed their vote on the entire meeting at the outset.

Mr Souter set out his current activities and explained his goals on a number of current matters, some of which are seen as contentious in some quarters and have been the subject of targeted public criticism by supporters of the former Committee, including the Solicitor, Brian Inkster, who had been engaged by the former Committee to support them in their dispute with the Commission, which eventually led to their subsequent dismissal. Mr Souter has since written to Mr Inkster seeking his co-operation to repay the fee he charged, as it had been approved only by the former Committee and not by the wider body of shareholders, who had never been consulted on the matter.

Mr Souter omits to mention that a seven page letter has been issued by me on this subject to Fergus Ewing MSP, Cabinet Minister responsible for crofting, and copied to him. This highlights the serious errors in Mr Souter’s understanding of the position of legal fees, his meddling in VAT affairs, his role as grazings ‘constable’ and his close and unhealthy association with the Crofting Commission and/or their Convener all as set out in:-

Crofters and Lawyers

Crofting VATgate

Inspector Constable

The Crofting Bat Phone

I have expressed my concerns to Mr Ewing about this illegal ‘constable’ being allowed to wreak havoc by the Crofting Commission. Mr Ewing has already had to rein in Convener Colin Kennedy. Now it is time for him to rein in another Colin.

Mr Souter also detailed his correspondence with other parties and the approach being followed. The meeting voted unanimously to support his current activity and the work on which he is currently engaged to ensure the Grazings are fully legally compliant in all matters. Shareholders expressed their wish that if necessary he continue beyond the current term which expires in November but it was explained that under the Crofting Act, there is no provision to extend the tenure of a Constable, once appointed by the Commission.

Possibly only 4 out of 42 shareholders does not give Mr Souter a mandate for “his current activity and the work on which he is currently engaged” or indicate any desire by the shareholders for him to “continue in ‘office’ beyond his current term”.

One thing that Mr Souter has got right in law (maybe the first thing so far) is that under the Crofters (Scotland) Act 1993 there is no provision to extend the tenure of a Constable, if legally appointed by the Commission, once the period of tenure comes to an end.

During the meeting, shareholders voted to approve the revised draft of Grazing Regulations, which has been the subject of a wide consultation process over the last three months, subject to some final amendments offered from the floor.

It is very concerning indeed that Mr Souter may think he can force through revised Grazings Regulations (which are believed to possibly seek to retrospectively validate actions taken unjustifiably by the Crofting Commission) on the basis of a meeting with only a minority of shareholders who have appeared to support the Crofting Commission throughout. Some of those shareholders are alleged to have been personally in breach of the existing regulations and Mr Souter has done nothing whatsoever to deal with those allegations. Again this demonstrates that he is not acting in any way impartially.

On the question of impartiality it is very revealing to note that Mr Souter arrived at the meeting with Donna Smith of the Crofting Commission. Donna Smith is part of the Senior Management Team at the Crofting Commission and is expected to become acting/interim Chief Executive when Catriona Maclean’s notice period comes to an end.

Colin Souter arrives for the meeting of Shareholders at Upper Coll with Donna Smith of the Crofting Commission

Much has been made by Mr Souter of his independence from the Crofting Commission although the real position has been clear for all to see. It is now publicly apparent, if it was not before, that Mr Souter and the Crofting Commission are indeed working hand in hand.

This is disturbing indeed and would explain why Mr Souter has not taken up on behalf of shareholders their legitimate concerns and claims over the handling of the whole sorry affair by the Crofting Commission.

Once more it adds to the evidence of the alleged abuse of power at the heart of the Crofting Commission.

After the marathon 4-hour meeting, Mr Souter said, “it was obviously a disappointment that a number of those present made a decision to leave the meeting before it had properly got underway but I respect their right to do so. Those remaining were sufficient in number to continue with business and to their credit, actively contributed to a very positive discussion in a number of areas. I was able at this stage, to explain to shareholders precisely what I am doing and why I am doing it and was reassured to receive the unanimous support of the meeting.

In respecting the right of those to leave the meeting Mr Souter should also respect their views and the views of the 26 shareholders who signed a petition against him. In respecting those views then clearly nothing discussed at the meeting last night was carried as a vote of the majority of shareholders originally attending: given that 11 effectively voted for the meeting to end.

Mr Souter advised he was aware of the recent unofficial meeting held by disaffected former committee members, and it’s outcome, but dismissed it stating, “I would be delighted if all shareholders engaged in the current process, constructively. We are continuing to make good progress to resolve a series of issues raised and a new set of Regulations was a key element in moving forward. There are some outside influences at work here and I do not believe they are contributing positively for the future benefit of the grazings.

The meeting Mr Souter refers to was certainly not “unofficial” but necessary under and in terms of the existing Grazings Regulations. Indeed Mr Souter, if he had any legal standing, should have been ensuring that what he refers to as an “unofficial” meeting happened. It is a great credit to the former committee that they knew the Grazings Regulations better than Mr Souter and what needed to be done legally in terms thereof.

The Grazings regulations state that:-

“Not later than one month before the term of office of the Committee ends they shall give notice to the shareholders of a meeting for the appointment of a new Committee. This meeting must take place before the term of office of the existing Committee ends. At least 10 days’ notice of the meeting must be given; this shall be done by advertisement in each of two successive weeks in one or more newspapers circulating in the Committee district, or by notice posted up for two successive weeks in a public place or places approved by the Commission. The new Committee appointed at this meeting shall take up office immediately upon the retiral of the existing Committee. The Clerk of the Committee shall inform the Commission of the names and addresses of the members and Clerk of the new Committee.”

If we assume, as Mr Souter does, that his appointment as Grazings ‘Constable’, was legal then that appointment, in terms of the Order issued by the Crofting Commission, comes to an end on 10 November 2016.

That being the case then the shareholders must give notice of a meeting to elect a new committee not later than 10 October 2016. Being organised and sensible shareholders they have not left it to the last minute but organised it a good month or so ahead (which they are entitled to do under the Grazings Regulations).

They have carried out all the steps they need to in order to legally form a new Committee. That Committee will take up office immediately on 10 November 2016 or earlier if Mr Souter resigns his position as Grazings ‘Constable’. Something that many consider he should do so in light of the petition from the majority of shareholders calling for that.

When asked about a recent petition allegedly signed by a majority of shareholders seeking his dismissal as an ‘illegally appointed Constable”, Mr Souter responded that the Commission had repeatedly endorsed his appointment, as recently as the day before the unofficial election meeting and offered his view that the conduct of former Committee supporters had perhaps more in common with a dictatorial regime.

It is not a question of endorsement by the Commission. It is a question of democracy in action within a common grazings. If there is any “dictatorial regime” involved surely it is the Commission and Mr Souter who fall into that camp. They are dictating what they consider the position to be to a clear majority of shareholders who think otherwise.

He added, “How many people do you know who would be happy being door-stepped and told to sign a petition, whilst their neighbour is standing over them? It strains credibility! I would be happy to see all of those folks at our next shareholder meeting. There are serious issues being addressed and it’s about time some former Committee members accept their continuing agitation is not serving themselves or the grazings well. They have a duty to fellow shareholders to accept their own shortcomings and that they have learned from them and are willing to move on. Continually misrepresenting the position in public is not helpful and does nothing to heal the rift they have opened up here in Upper Coll, between shareholders.

On the contrary it is unfortunately Mr Souter who continually misrepresents the position. E.g.:-

The Wrong Grazings Committee!

Mr Souter also advised that during the meeting he informed shareholders he has requested the Crofting Commission now facilitate a meeting with the Crown Office & Procurator Fiscal Service to discuss some of the findings from his review of the former Committee records and accounts. He declined to comment further on specifics, stating “it will be for other authorities now to determine whether there is a need for further action”. The date for the next shareholder meeting has not been set.

From the outset the Crofting Commission and then Mr Souter hinted at irregularities within the three Committees that were dismissed with no evidence whatsoever to back this up. Mr Souter appears to have been put into Upper Coll by the Crofting Commission to find something, anything, to justify his illegal appointment in the first place.

Nothing he has produced to date has evidenced this. Declining to comment on specifics now questions once more what he and the Commission are actually up to. This is not his role as ‘Clerk’. If any shareholders feel there has been any impropriety that has affected them it is for them, not Mr Souter, to take whatever action they may deem appropriate. Mr Souter is now, as the Commission did so before him, casting aspersions unjustifiably and without any basis on former committee members.

This is quite appalling. If anything shareholders should be reporting Mr Souter to the Crown Office & Procurator Fiscal Service for his potentially illegal and fraudulent activities including in particular the manner in which he has taken control of the shareholders finances.

One can only hope that Fergus Ewing MSP does now step in to resolve this tragic mess.

Brian Inkster

Image Credits:-

Main image: INGSOC 1984 Propaganda Poster (detail)

Other images: An La – 13 September 2016 © BBC Alba

Inspector Constable

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I think I have found a typographical error in the accounts!

The letter from Colin Souter, the purported Grazings ‘Constable’ at Upper Coll, to the shareholders of the Upper Coll Common Grazings demonstrated once more the mistaken belief that he is under that his role is an investigative one.

He states in the letter:-

It has been necessary to research records to establish the facts and finances from historical records in order to ensure shareholders’ interests are properly protected.

Had he been legally appointed he may have required to do that to get up to speed with what went on in the township to then carry out his appointment to:-

administer the Upper Coll Grazings Regulations for a period of six months… with the like powers and duties of a Grazings Committee.

That role does not involve investigating the past eight or more year history of up to four or more grazings committees with a view to castigating them for minor misdemeanours and accusing them of illegalities with no evidence in fact or law to justify such action.

He may be a retired Chief Inspector of Police but the title of Grazings ‘Constable’ does not give him the same powers and responsibilities he once had when a boy in blue. The Convener of the Crofting Commission, Colin Kennedy, possibly mistakenly believes that it does.

Colin Souter was specifically advised by the Crofting Commission that his:-

principle responsibility as Constable will be to discharge any outstanding actions required to ensure the duties imposed under the Crofting Acts and the grazings regulations are fulfilled.

This was to “be a short term measure” until “any outstanding actions are discharged“.

It would appear that he has not actually sought to discharge those outstanding actions but instead has gone on a fishing expedition to try and justify for his masters his illegal appointment. Did someone in the Crofting Commission give him this illegal remit? If so who and why?

Mr Souter is certainly firmly of the view that this is his role: boldly stating on his LinkedIn profile that his current appointment, via Colin Souter Consulting, is that he is:-

Engaged to support Scottish Government NDPB Crofting Commission, in investigative and reporting activity.

Hmm… He is not appointed to support the Crofting Commission: He is appointed to support the shareholders in the Upper Coll Common Grazings. He is not appointed “in investigative and reporting activity”: He is appointed to “administer the Upper Coll Grazings Regulations”.

So even if he was legally appointed he is acting illegally!

In my next post I will look at the very cosy relationship between Mr Souter and the Crofting Commission and/or their Convener which makes this sorry story all the worse.

Brian Inkster

Image Credit: Inspector Clouseau in The Pink Panther Films © United Artists

What the Grazings ‘Constable’ didn’t do

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Was the wrong list entered into the constable’s little black book?

With all the fuss over the apparent failings of successive grazings committees over the years at Upper Coll attention has been drawn away from what Colin Souter should actually have been doing himself assuming that his role as grazings constable was a legal as opposed to an illegal one.

As disclosed in my last post the letter of ‘appointment’ from the Crofting Commission addressed to Mr Souter stated:-

The appointment is for 6 months from the date of the Order. However the intention is that this should be a short term measure and once any outstanding actions are discharged, that you arrange a meeting of shareholders at which you will resign and a new committee will be elected by the shareholders to manage the grazings in accordance with the Regulations and the Act.

This letter also stated that:-

Your principal responsibility as Constable will be to discharge any outstanding actions required to ensure the duties imposed under the Crofting Acts and the grazings regulations are fulfilled.

This in effect was referencing the fact that following their removal from office the former committee highlighted to the Crofting Commission a list of matters that needed attending to.

Whilst the Crofting Commission erred in law (surprisingly knowingly) in appointing a grazings constable to attend to these matters it may be that their intentions in so doing were in good faith and to ensure that the list of matters highlighted to them were in fact attended to. Anyway, that appears to be the remit given to Colin Souter.

However, his report issued to shareholders on 29th August does not mention any such activities. In light of this shareholders at Upper Coll have, not surprisingly, stated:-

This constable has interfered in things he should not have and left undone the things he should have.

They have asked:-

But what has he not done?

And they have provided a list of what that might be:-

Has he processed the IACS for the village?
Has he submitted an application for the Agri-Environment Scheme that could have taken in some funding to the village?
Has he worked out a Summer and Winter Grazings Timetable?
Has he progressed the Croft Registration for 30 shareholders that had been well advanced before the committee were dismissed?
Has he progressed the feu requests from couples desiring to build and live in Upper Coll?
Why has he not been actively pursuing the Crofting Commission for the reimbursement by them of the money paid out by Upper Coll in feu dispositions. An instruction by the Crofting Commission to Upper Coll Grazings Committee that has since been proved illegal!
What efforts has he made to heal the tensions and differences experienced within the village? Surely that should have been one of his first tasks!

If these matters have not been actioned then it would appear that Mr Souter has failed in the remit given to him by the Crofting Commission.

If that is the case then clearly the time has come for him to step aside and let those that know what need to be done do the necessary on behalf of and for the benefit of the shareholders.

If he has in fact dealt with these matters then he should be reporting that fact to the shareholders and resigning as constable as the Crofting Commission indicated should happen in their letter of ‘appointment’.

As indicated in my last blog post such a ‘resignation’ is what the similarly illegally appointed grazings constable at Mangersta Common Grazings saw fit to sensibly do.

Although arguably Colin Souter cannot resign from an illegal position that gives him no status or authority in the first place.

But the ‘resignation’ (as was the case in Mangersta) may have symbolic significance.

As suggested in my last blog post it may at least draw a line under his interference in the workings of a common grazings where the vast majority of the shareholders simply wish to get on by themselves with controlling their own destiny and their own finances.

Let’s hope that common sense prevails. Although, unfortunately, common sense does not often feature in this Common Grazings debacle.

Brian Inkster

The Wrong Grazings Committee!

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Eh by gum, Gromit, no one told me that they appointed a new grazings committee every three years! Pass the cheese please.

It was reported in The Scottish Farmer this week that:-

New evidence has been revealed that appears to justify the Crofting Commission’s unpopular intervention in the financial affairs of a common grazings committee.

This ‘evidence’ was presented in a letter to shareholders in the Upper Coll Common Grazings by the grazings ‘constable’ Colin Souter. A grazings ‘constable’ illegally appointed in my view, and in the view of others including, ironically, the Crofting Commission themselves.

Many of the allegations made by Mr Souter actually, it transpires, relate to decisions made by shareholders when previous grazings committees were in power. Not the latest one which the Crofting Commission summarily removed from office for producing five years of financial statements prepared by an accountant rather than five years of “audited” accounts as demanded unfairly by the Commission.

Actions by past grazings committees cannot be used as evidence to justify the removal from office of a grazings committee that had no part in those actions.

Indeed it would appear that Mr Souter has been spending his time (and presumably as a result the shareholders money) trawling through the history of Upper Coll Common Grazings attempting to find fault wherever he can. His efforts in this regard go way back before the five year ‘audit’ period sought by the Crofting Commission.

Indeed the two main issues highlighted in the report by The Scottish Farmer date back to 2008/09. There have been three new grazings committees at Upper Coll since then!

Gordon Davidson reports in The Scottish Farmer:-

Top of his list was an application lodged with Comhairle Nan Eilean Siar seeking a grant under their Unadopted Road Upgrade Scheme, seeking £10,000 of matched funding to be spent on upgrading the landlord’s Ghearraidh Ghuirm private road.

In doing so, the former committee undertook to spend £20,000, including the CNES grant, of shareholders’ money on upgrading this section of road and also accepted the subsequent road maintenance obligation, in perpetuity – a decision of clear benefit to prospective few [sic – should have been “feu”] buyers, but with no apparent link to the maintenance or improvement of the common grazing.

“Thus, the spending of shareholders’ money in this way, was outwith the power of the committee at that time, meaning they acted outside of the law and the legal protection normally afforded,” noted Mr Souter.

This is what certain shareholders at Upper Coll have to say about this particular matter in a letter issued to shareholders in response to the one issued by Mr Souter:-

He accuses the then Grazings Committee of match funding the improvements to the Gearraidh Ghuirm Road behind Donald Campbell’s Garage. This is grossly untrue. The village did not put any money into this. The Councillors then in office helped facilitate the financial match funding from sources including contributions from residents. The village used some of this money to repair the road going out to the quarry, which in fact was an aid to the shareholders using the quarry and the peat-road! This was in 2008!!

Gordon Davidson also reports in The Scottish Farmer that Colin Souter:-

also found that the former committee had, in 2008/09 sought to earmark areas of common grazings land to be sold off as housing plots, and paid for the feu design work out of shareholders’ grazing funds, again acting outside of the law.

I asked shareholders at Upper Coll about this and was told that it was to allow crofting families in the township to remain in the township by allocating to them house sites on land that was not much use for grazing purposes. Any costs associated with that would be more than recouped when house sites were sold and compensation on resumption received.

Indeed consent to the sale of one such house site was raised as an agenda item at the meeting in November 2015 attended by the Crofting Commission, including Convener Colin Kennedy. This was approved at that meeting by the shareholders present. Of course the resumption application would be advertised in due course giving all and every shareholder the right to object should they wish to do so.

The house site under debate in November 2015 was, rather ironically, allocated to a relation of Ivor Matheson who brought the original complaint against the grazings committee and was so vocal in this week’s Scottish Farmer in support of the actions of Colin Souter which suggest this enterprising initiative on the part of the 2008/09 grazings committee to have been unlawful!

Ultimately shareholder funds are there to be utilised as shareholders want them to be. If all shareholders are happy to divert funds into a scheme on the common grazings that will result in benefit to members of the shareholders families, strengthen the crofting community and ultimately give a financial return what is wrong with that?

I do not believe that even Ivor Matheson would be looking for repayment of his share of the £520 (i.e. £12.38) spent on the feu design work given the benefit that small payment has had to his family.

It is clear that Mr Souter is making assumptions left, right and centre without appraising himself of the true facts. He is meddling in matters that are of no concern of his. He appears to have a goal, possibly at the behest of the master(s) who appointed him, to find fault with the former committee to justify his existence. He forgets he was illegally appointed and, like the Crofting Commission, has not been able to justify with reference to statute or case law the validity of his appointment. He forgets that grazings committees are appointed every three years and he cannot point the finger of blame at the last committee for the actions of their predecessors.

Ultimately, however, Mr Souter has produced a list of petty ‘faults’ most of which can be dismissed out of hand. He has certainly failed to produce the ‘gamechanger‘ that his master(s) may have wished him to find but that he had no remit to ever look for in the first place.

It should also be borne in mind that the initial action by the Crofting Commission against the former grazings committee at Upper Coll that ultimately resulted in the ‘appointment’ of Mr Souter centred around their misinterpretation of the law. A misinterpretation that the Commission have been reprimanded for by Fergus Ewing MSP and apparently has been accepted as such by them.

It has become a farce (although arguably has been for some time). Mr Souter and his master(s) look more ridiculous by the day over their handling of this whole sorry affair. In the process it is not reflecting well on the Scottish Government who have overarching responsibility for crofting.

In the letter of ‘appointment’ from the Crofting Commission addressed to Mr Souter it is stated:-

The appointment is for 6 months from the date of the Order. However the intention is that this should be a short term measure and once any outstanding actions are discharged, that you arrange a meeting of shareholders at which you will resign and a new committee will be elected by the shareholders to manage the grazings in accordance with the Regulations and the Act.

So the Crofting Commission saw the ‘appointment’ as short term and possibly expected it to have come to an end by now. Mr Souter’s duty was “to discharge any outstanding actions“. It is unclear whether he has in fact even applied himself to such a task and I will look at that in a further blog post. He appears, on the face of it, to have concentrated on a forensic examination of the history of Upper Coll Common Grazings. Something that he had no remit to do even if he had been legally appointed as a grazings constable.

The majority of shareholders at Upper Coll who attended a meeting convened for that purpose (there being no dissenters) have made it clear that they want nothing more to do with Mr Souter. They want to form a new grazings committee.

Mr Souter should respect the wishes of the shareholders who he supposedly represents. He should now do the honourable thing and ‘resign’ from his role as grazings ‘constable’ without further delay. He does not actually need to arrange a meeting of shareholders to do so, he can simply send them a letter or advise the Crofting Commission of his decision to do so and let them advise the shareholders accordingly.

This is what the similarly illegally appointed grazings constable at Mangersta Common Grazings saw fit to sensibly do.

Although arguably Colin Souter cannot resign from an illegal position that gives him no status or authority in the first place.

But the ‘resignation’ (as was the case in Mangersta) may have symbolic significance. It may at least draw a line under his interference in the workings of a common grazings where the vast majority of the shareholders simply wish to get on by themselves with controlling their own destiny and their own finances. They want to do so for the benefit of a community that Mr Souter and his master(s) appear intent on destroying.

Brian Inkster

Image Credit: Wallace & Gromit in The Wrong Trousers © Aardman Animations

Croft Wars: The Constable Strikes Back

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Some see the ‘constable’ of Upper Coll more like a bounty hunter

Following a statement issued on behalf of the majority of shareholders of the Upper Coll Common Grazings the headline that appeared on Hebrides News was ‘Upper Coll grazings constable slams ousted committee‘. The accompanying article reads as follows:-

The grazings’ officer installed to temporarily run the common grazings at Upper Coll, Lewis, has hit out at claims made by the former grazings committee who were sacked by the Crofting Commission.

Colin Souter, a retired police chief inspector living in Nairn, was drafted in to manage the village’s communal moorland – land collectively used for by all crofters for grazing livestock – while the commission investigated the deposed committee.

Colin Souter pointed out the appointment of a constable is made by the Crofting Commission.

Once appointed, a constable has the same powers, responsibilities and independence in decision-making, as a grazings committee does, bound only by legislation, he said.

Mr Souter stressed: “This has been explained at length to former committee members at Upper Coll, who remain aggrieved at the commission’s decision to remove them from office.

“That decision to remove is presently the subject of a review by the Scottish Land Court and it will be for that court to determine whether the initial complaints made to the commission about the conduct of the committee and the subsequent disclosures, provided sufficient justification for their removal or if the commission acted inappropriately.”

The grazings’ officer went on: “The appointment of a constable in the interim, was a separate matter and was made to safeguard the interests of the shareholders, to address matters of business brought to the commission in correspondence by the former clerk.”

Based on “discussion with aggrieved shareholders and correspondence,” he queries how much support the former committee has from shareholders.

He added: “As all previous signatories had been officially removed from office, and could no longer sign documents legally, as constable I took control of the finances and records, with the co-operation of the bank and of the former clerk and chairman of the committee, who personally handed over to me, the committee records and accounts.”

The former committee demanded the “return of their bank book” but there is no such thing, suggested the grazings’ constable.

Mr Souter said: “In the absence of any formal handover or briefing from the former committee, there was also an obligation placed upon me – in order to support shareholders competently – to establish the facts surrounding the status and liabilities of the grazings and to confirm the proper conduct of the former committee in its decision-making, to verify business had been conducted to the proper legal standard or to remedy, where required.

“It became clear from a review of the records provided to me by the former clerk and chairman, that the former committee was deficient in its record keeping but more importantly, in its procedures, in particular on matters where majority shareholder support was legally required in order to take action, eg. SRDP applications, where such applications are a scheme, under the 1993 Act.”

He stated: “Quite clearly, action was being taken in relation to matters of finance and spending, where majority support, despite being a legal requirement, was neither evident nor documented.

“Even so, it came as some surprise when some former committee members admitted at a recent shareholders meeting they were entirely unaware of the existence of the Upper Coll grazing regulations, passed by their own forebears in the 1980’s.

“One wonders what yardstick was employed to assist the imposition of their own views, however well-meaning or misguided, on fellow shareholders?

“Perhaps this point will help to explain the dissatisfaction and grievances raised to the Crofting Commission and myself by Upper Coll shareholders about the conduct of the former committee in managing the grazings?”

The interim constable added: “None of the foregoing issues have anything specifically to do with the Crofting Commission.

“The commission does not control the grazings or the bank account or finances at Upper Coll. The shareholders do.”

“As constable, I met with shareholders twice in recent months where I have been extremely open and transparent about my role and in my sharing of information, an approach commended from the floor, at the first meeting.

“The detail I provided to shareholders is evident from the very lengthy minutes produced from the meetings, distributed to all shareholders.

“In the past, I have also sought to protect former committee members from potential public embarrassment by holding part of the meetings in closed session, where disclosures were made.”

He said shareholders are “well aware” from his reports that all scheme applications due were completed by agents acting on behalf of the grazings and “processed accordingly and no financial loss has been suffered.

Regarding villagers plans to elect a new grazings committee, he said: “I raised this issue in recent correspondence with shareholders, when I indicated my term in office is due to expire in the next couple of months.

“It seems some of the former committee are already set to take control of an agenda which I had set out, intending to hold fresh elections and return a new committee in control of shareholder business at Upper Coll.

“The important point however, for all involved, is that the new committee, whomever is elected and whatever its composition, will have a clearer understanding of the legal framework in which they must operate and their own duties and obligations to their fellow shareholders.

“I cannot help but think it would be a progressive step, in this day and age, to see a few female members on the new committee but that has to be a matter for the Upper Coll shareholders.”

Mr Souter said he has written to shareholders in the last few weeks, during the holiday period, providing a brief statement on recent activity.

He will present a fuller report at a planned meeting in September, when he will share more “extensive detail” with the shareholders at Upper Coll and answer questions “they may have on that range of important issues.”

The grazing’s constable highlighted: “It will be for shareholders to determine which aspects of concern, if any, should be highlighted – perhaps for wider benefit across the crofting community – and find their way into the public domain.”

He said: “As with many others, I do not dismiss the concerns of those former committee members who continue to agitate, for being removed from office.

“It is clearly an important and emotive issue for crofting and one that continues to cause great concern across the crofting community.

However, that also places a “heavy responsibility upon the former committee and others contributing on their behalf” to ensure there is a balanced debate based on the facts of the situation, said Mr Souter.

View from the Crofting Law Blog

Colin Souter thinks he has “independence in decision-making“. A grazings constable, if legally appointed, does not. They have to listen to the shareholders who they represents and act accordingly.

Colin Souter states that his ‘appointment’ was made to “address matters of business“. The shareholders appear to be of the view that rather than conducting the business in question Colin Souter has been on the hunt, through historical records stretching back well beyond the five year ‘audit’ period sought by the Commission, for wrongdoing on the part of former committees. Not the role at all of a grazings constable even if legally appointed. The fact that he was under the wrong impression that this was his role is confirmed when he states that he had to “confirm the proper conduct of the former committee in its decision-making, to verify business had been conducted to the proper legal standard or to remedy, where required“.

It is interesting, but perhaps not surprising, that Colin Souter does not address the legality of his appointment. The Grazings Committee were ‘replaced’ by a ‘Grazings Constable’ that I, and others (including bizarrely the Crofting Commission themselves) consider to be illegal. One would have thought that he would be very concerned by this indeed and somewhat relieved that the shareholders plan to replace such an illegal appointment with a legal one.

Colin Souter questions whether the former committee members have the support they maintain from the shareholders. Well, apparently, a meeting was called and there were only four shareholders who abstained (those included the shareholders who brought the initial complaint about the former committee to the Crofting Commission). They were asked if they objected and they said they would prefer to abstain. So looks like majority support to me with no objections.

Colin Souter states that “as constable” he “took control of the finances and records, with the co-operation of the bank and of the former clerk and chairman of the committee, who personally handed over” to him “the committee records and accounts“. But they did not sign mandates allowing him to be signatory of the cheque book. Serious questions must be asked as to how he obtained the status of what is believed to be the sole signatory.

Colin Souter states that “there is no such thing” as a “bank book” to return to the Upper Coll shareholders. Well in this day and age there may not be an old fashioned bank book but there is likely to be bank statements, a cheque book and (more importantly) control thereof. I think we all know what was meant by the statement made by the shareholders about their “bank book” and denying the existence of any such item does Colin Souter no credit.

However, Colin Souter states that “the commission does not control the grazings or the bank account or finances at Upper Coll. The shareholders do.” If that is the case please do actually hand control of their finances back to them as they quite rightly demand.

Regarding villagers plans to elect a new grazings committee, Colin Souter said: “I raised this issue in recent correspondence with shareholders, when I indicated my term in office is due to expire in the next couple of months. It seems some of the former committee are already set to take control of an agenda which I had set out, intending to hold fresh elections and return a new committee in control of shareholder business at Upper Coll.”

Colin Souter previously stated, on 23 June 2016, that the election of a new committee was “still in the distance“. At the time I asked “Why is the election of a new Grazings Committee in the distance? What is preventing that happening sooner rather than later?” The shareholders are clearly and understandably of the same view and may the force be with them in gaining control of their own destiny once more.

Brian Inkster

Image Credit: Boba Fett who appeared in Star Wars: Episode V – The Empire Strikes Back; and Episode VI – Return of the Jedi © Lucasfilm Ltd

Reports from a ‘Grazing Constable’

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The ‘Grazings Constable’ was under the false impression that he was a Police Constable come Court Reporter!

One of the more surprising episodes of ‘The Common Clearances‘ has been the issuing of press releases by the ‘Grazing Constable’ (illegally appointed, in my opinion and the opinion of others) of the Upper Coll Common Grazings.

To my knowledge that ‘Grazings Constable’, Colin Souter, has issued three such press releases to date. I now reproduce those here, with my comments on each added.

‘Grazing Constable’ Report #1 – 12 June 2016

I write briefly in connection with the Common Grazings at Upper Coll, having been appointed as Constable in recent weeks, by the Crofting Commission.

I should firstly stress such appointees are independent of the Commission. One of the main functions is to assume the role and responsibilities of the former Committee, representing the interests of the Crofters, whilst moving as swiftly as possible back to a situation of normality, with crofters being collectively in control of managing their own interests.

I am confident readers will appreciate the resolution to current difficulties will not be achieved overnight. I note there has been much interest, speculation and comment made on behalf of individuals who, I acknowledge, feel genuinely aggrieved with decisions the Commission has made.

On the other hand, it is only right and proper that the Commission, as a public body, should not comment on the specifics of any individual case.

Preliminary legal proceedings are currently underway at the Scottish Land Court, where it remains to be decided if the Appeal against Commission decisions will progress to the next stage. An Interim Interdict application at Inverness Sheriff Court to prevent the appointment of a Constable and further action by the Commission, was heard and refused.

It is likely that the process of the Land Court Appeal, if progressed, will take some considerable time to conclude. I will not be formally commenting in the media on the specifics of matters at Upper Coll, nor in relation to any single individual.

I do however wish to publicly acknowledge and thank those individuals at Upper Coll and elsewhere who have already contacted me since my appointment, to firstly share a collective view that there are matters at Upper Coll which need to be addressed and secondly to voice their support for a co-operative resolution over the coming weeks and months. All impartial observers must surely agree it is in the best interests of all parties to co-operate, to ensure the interests of all the crofters at Upper Coll are and continue to be properly protected.

Comment on ‘Grazing Constable’ Report #1by the Crofting Law Blog

Why, I wonder, did Colin Souter feel it necessary to issue such a statement? Was it because the Crofting Commission were staying silent on the matter? Did they sanction/encourage this statement?

How independent can Colin Souter really be? Did the Crofting Commission not provide him with a list of their ‘concerns’ for his investigation?

He has apparently stated to the shareholders at Upper Coll that his role is an investigative one. Nothing in the Crofters (Scotland) Act 1993 gives him such power other than, perhaps, the duty to report to the Crofting Commission on the condition of the Common Grazings and crofts with a share in the Common Grazings.

If investigations were required concerning any alleged financial impropriety on the part of the former grazings committee that would have been a role for the actual boys in blue and not for a retired police Chief Inspector who appears to think he, once more, has powers he once did. He does not.

If legally appointed, which is disputed, Colin Souter simply has to take on the role of committee and clerk. He is responsible to the shareholders. His role is purely administrative.

‘Grazing Constable’ Report #2 – 23 June 2016

On the evening of 22 June the Constable of the Upper Coll Common Grazings chaired a meeting of shareholders at Tong Village Hall. The meeting, which was well attended, discussed a number of issues and during the closed part of the meeting, the Constable, Mr Colin Souter shared a level of detail around issues and concerns which was clearly unknown to many of those present, prior to the meeting.

Mr Souter, a retired police Chief Inspector explained to the meeting that his appointment followed a communication to the Commission by the former Clerk to the Grazing, highlighting that 12 points of business needed to be addressed as soon as possible.

Mr Souter also explained that the Crofting Commission, as a public body, is unable to comment in the media on issues relating to specific individuals and their conduct but that being independent of the Commission, it was appropriate for him to share more information with the shareholders affected. At the meeting, he received further joint intimation in writing from Upper Coll shareholders, of their dissatisfaction with the conduct of the former Committee and will determine in due course whether that should be considered separately from other matters currently under investigation.

The meeting acknowledged the current position as laid out and discussed a constructive way forward, with a revised set of draft local Grazing Regulations being circulated by the Constable to all shareholders at Upper Coll to replace the current Regulations which date back to 1987. Mr Souter is also inviting contributions and comment more widely, from the Scottish Crofting Federation and National Farmers Union Scotland, as representative bodies, in an effort to secure a wide consensus of agreement. He intimated to the meeting that he was, very reluctantly, being forced to consider Court action as a last resort, in order to recover the Committee records from the former Grazings Clerk. A large number of those shareholders present expressed the view that withholding the records was not helping, declaring that it was acting against the interests of the shareholders and instead invited former Committee members to bear the cost of the Court action, should it go ahead.

The meeting closed on a positive note with an expression of thanks to Mr Souter, from the floor, for an open, informative and well-run meeting.

Mr Souter later said, “I appreciate there is a wide body of interest in events here at Upper Coll. I would like to publicly express my own thanks and appreciation to Upper Coll shareholders able to attend the meeting tonight, for their positive contributions and their willingness to begin moving forward to the point where a new Grazing Committee can be elected. Whilst that outcome is still in the distance, it has moved significantly closer, with a clearer path now defined, and shareholders having a better understanding of the concerns and the issues which brought us to where we are now.”

Note to Editor – the Upper Coll Grazings Committee was removed from office by the Crofting Commission on 15 April after failing to adequately address concerns raised by the Crofting Commission about the manner in which aspects of its business were being conducted, including the content and presentation of financial information reported to shareholders. On 16 May, some former committee members made an unsuccessful attempt to interdict the Crofting Commission from further action at Upper Coll. This was followed by submission of papers to the Scottish Land Court, seeking to Appeal against the Commission’s decision to remove them from office. The Land Court is currently awaiting submissions on jurisdiction from both sides, to help determine whether it can hear the Appeal. If the jurisdiction argument is won, the case will become sub judice until eventually concluded.

Comment on ‘Grazing Constable’ Report #2 by the Crofting Law Blog

I wonder if Mr Souter thinks that all grazings clerks should be issuing press releases about shareholders meetings held throughout the crofting counties? Local newspapers could have sections devoted to ‘Common Grazings Reports’ instead of, or in addition to, their usual ‘Court Reports’!

Where did the “issues and concerns” that Mr Souter had to share come from? I trust not from the Crofting Commission that he is apparently independent of?

Interesting that the Crofting Commission cannot comment on matters arising to the media but Mr Souter can. Has he therefore become their spokesman and if so how does that enable him to retain the supposed independence that he claims to have?

Mr Souter refers to “matters currently under investigation”. As commented on by me in connection with his first Report, his role is not an investigative one but merely an administrative one and then only if his appointment was legal which I, and others, maintain it is not.

Why was Mr Souter circulating new Grazings Regulations and who had drafted them and on what basis?

It would seem unusual for a Grazings Clerk to seek views from the Scottish Crofting Federation or the National Farmers Union Scotland on Grazings Regulations specific to a particular grazings.

Court action by a potentially illegally appointed ‘Grazings Constable’ to recover documentation he might have no right to hold would have made for interesting debate in the Sheriff Court! A suggestion that those against whom such an action was to be raised should fund the raising of the action is absurd to say the least.

Why is the election of a new Grazings Committee in the distance? What is preventing that happening sooner rather than later?

Is it perhaps in Mr Souter’s personal interest to delay the election of a new Grazings Committee. The longer he remains in ‘office‘ the longer he receives an income from the arrangement – albeit potentially an illegal arrangement that he should not actually be receiving a penny for.

Mr Souter states that “the Upper Coll Grazings Committee was removed from office by the Crofting Commission on 15 April after failing to adequately address concerns raised by the Crofting Commission about the manner in which aspects of its business were being conducted, including the content and presentation of financial information reported to shareholders.”

However, the only reason actually given by the Crofting Commission for the ultimate removal from office of the grazings committee was the failure to produce to them five years ‘audited’ accounts. The grazings committee produced financial statements produced by accountants. The irrationality, inconsistency and departure from legal advice obtained by the Crofting Commission on this point is one I will return to in future posts on this blog.

‘Grazing Constable’ Report #3 – 12 July 2016

Upper Coll shareholders met again on 11 July at a meeting chaired by the Grazings Constable, Colin Souter, who was appointed by the Crofting Commission in May. At this second meeting, shareholders covered a busy Agenda on a range of topics, including the resolution of a long-standing issue on the access of a bull owned by two shareholders, on the common grazings. Shareholders accepted the pragmatic resolution suggested by the Constable, which preserves shareholders rights to graze livestock but at the same time, acknowledges the responsibilities that go with these rights.

Shareholders also voted in favour of a revised set of Grazing Regulations which would encompass key elements of the previous regulations which dated back to 1987. Mr Souter hoped the final draft of the document which had already been subject to wide-ranging consultation would be ready to send to the Crofting Commission for approval, in the next few weeks. During a candid and honest discussion, some of those present, including former Committee members advised they had been entirely unaware of the existence of the 1987 Regulations.

After the meeting, Mr Souter said, “The key to progress here is an acceptance from shareholders that good Regulations make it easier for shareholders and for Committees to interact and minimise the potential for friction or conflict. We are nearly there, in terms of a finished product and whilst there are still a number of other issues for me to resolve with shareholders, we are steadily moving in the right direction. I am grateful for the support shown by shareholders this evening, in voting to move ahead.”

A number of other issues, including finances and areas of activity permissible for a Grazings Committee or Constable on behalf of shareholders, under the 1993 Crofting Act were explored in a closed session. No date was set for the next meeting, with Mr Souter indicating he would distribute a final updated draft set of Regulations amongst all shareholders. And once approved by the Commission, every shareholder would receive a personal copy of the revised Regulations.

ends

Note – Mr Souter is a retired police Chief Inspector, appointed to the role of Constable at Upper Coll after the previous Committee were removed from office by the Crofting Commission. Following their removal, it was reported to the Commission that shareholder business remained outstanding and unresolved. Whilst he is appointed by the Commission, Mr Souter has successfully gained acceptance that he is independent of the Commission in all his decision-making.

Comment on ‘Grazing Constable’ Report #3 by the Crofting Law Blog

I asked shareholders of the Upper Coll Common Grazings for their views on this latest Report from Colin Souter. Here is a selection of comments received from them:-

The new regs would certainly have to come before shareholders again before being submitted. There will be nothing to stop us bringing in further changes at a full meeting of shareholders at a later date if that is needed.
The Grazings Regulations are at the “discussion” stage and still have much work to be done on them. There was no revised Regulations issued with no mention of changes some of us suggested. They are far from being at a stage for presenting to the Commission.
The constable has thus far refused to protect the interests of shareholders by bringing any scrutiny to bear on the Commission’s own dubious actions of the recent past. This goes to prove that he is not wholly independent of the Commission and shows that he who pays the piper calls the tune.
The majority of shareholders are still of the view that the position of Constable has been illegally imposed on the Upper Coll Grazings. These shareholders do not have any personal prejudice against Mr Souter but it is his position they question.
Shareholders were of the view that the Constable should be working “for” the shareholders and should therefore be working to see that some of the injustices done to the previous Committee are redressed. As he seems to be investigating the work of the previous committee then this “investigative” role should also be targeted at the Crofting Commission’s actions.
The minute of meeting of the 11th should also clearly show that we considered that the Commission had erred greatly in dismissing a democratically elected voluntary committee when they had legal obligations instead to advice and support it in the first instance. We suggested that this is going to be costly to the Commission.
The meaning of “audit” given by the Constable is not one shared by the vast majority of shareholders.
It is felt by the majority of shareholders that the term “financial irregularities” used by the Commission in relation to the Upper Coll Grazings Committee should be withdrawn and an apology issued to the committee by the Commission.
Mr Kennedy’s continued presence as Convenor of the Crofting Commission is in the opinion of the majority of shareholders untenable.

So clearly a different slant on things from the propaganda issued by the ‘Grazings Constable’. This demonstrates the nonsense of the whole situation.

Why is Colin Souter seeking to introduce new regulations? What is wrong with the existing ones other than perhaps the use of the word “audit”, which has caused much of the problems encountered by the former committee in their dealings with the Crofting Commission?

The former grazings committee were actually in the process of amending their regulations prior to being removed from office by the Crofting Commission. Why did the Crofting Commission not allow them to amend the regulations as they wished to do so?

Are the Crofting Commission influencing the new regulations proposed by Colin Souter? Do these new regulations follow the latest template promoted by the Crofting Commission which do not actually reflect the law as set out in the Crofters (Scotland) Act 1993?

Mr Souter refers to his “decision making”. What ability does he actually have to take decisions that are contrary to the wishes of the shareholders?

Mr Souter states:-

No date was set for the next meeting, with Mr Souter indicating he would distribute a final updated draft set of Regulations amongst all shareholders. And once approved by the Commission, every shareholder would receive a personal copy of the revised Regulations.

This suggests that Mr Souter is going to finalise the draft Grazings Regulations without necessarily calling a meeting to approve them. He appears to simply be planning to get the approval of the Crofting Commission. If this is indeed the case it is outrageous.

However, it should always be borne in mind that Mr Souter’s appointment was, in my view and the view of others, illegal and any action taken by him is simply null and void.

Brian Inkster

Crofting Crossroads

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This road sign has been erected at Mangersta!

Claims against Mangersta Common Grazings Committee withdrawn

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Mangersta Village and common grazings (Photo by Elsie Mitchell)

The former tenant in the crofting village of Mangersta, whose activities led to the disbandment of the Common Grazings Committee, has withdrawn all of his financial claims.

Following recent publicity, the individual – who had sought a personal share of grants paid to the village while he was an absentee tenant between 1994 and 2012 – said in a letter to the former Grazings Clerk that he was withdrawing “any and all claims … with immediate effect”.

I, as agent for the former clerk to and four former members of the Mangersta Common Grazings Committee, have now written to the Crofting Commission informing them of the development and asking them to reinstate the Grazings Committee and clerk without delay. I previously described the Commission’s conduct in replacing the Committee with a Grazings Constable as “unreasonable” and “illegal”.

Members of the former Grazings Committee said in a statement:-

We welcome the withdrawal of these demands and sincerely hope it will bring all of this to an end.

We repeat our call for an inquiry into the workings of the Crofting Commission and particularly the guidance they have sent out, in response to events in Mangersta and Upper Coll, on financial management by Grazings Committees.

As is now widely appreciated, these have extremely damaging implications for the whole crofting system.

Brian Inkster

Whose best practice?

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Even a five year old knows the importance of experience and knowledge when it comes to best practice!

It was reported online today in Farming UK that NFU Scotland has asked the Crofting Commission to bring forward a simple guide to best practice for grazing committees.

Sutherland crofter Sandy Murray, who chairs the NFU’s Crofting Highlands and Islands Working Group said:

It is in the best interests of all, that any Common Grazings Committee operates with up-to-date regulations and within the law.

The Crofting Commission is best placed to deliver guidance and clarification to any committee. If changes are needed, then a grazings committee meeting can be held as soon as possible, all stakeholders notified and steps taken to ensure that their grazing regulations are fit-for-purpose and up-to-date.

NFUS has called on the Commission to draw up simple and accessible best practice guidance on how grazings committees should be operating – clearly mapping out what they must do, should do and could do.

The Commission should then send this to all grazings committees and clerks along with the new common grazings regulations template and guidance – as available on the Commission website.

The Union supports active crofters and the active use of common grazings. In order to help achieve this we believe that there are real benefits in Common Grazings being regulated and having grazing committees in office, for the benefit of the common grazing and the shareholders.

The problem is that the Crofting Commission’s idea of best practice is very different from what crofters consider it to be and is also often at odds with what any sensible interpretation of the law says it is.

The NFU approach is not the answer to the problem. Crofters should be very wary at the moment of any guidance and clarification issued by the Crofting Commission and should take independent legal advice thereon.

It is hoped that the Scottish Crofting Federation meeting that was held in Ullapool yesterday results in more positive steps being taken that actually resolve ‘The Common Clearances’ and the alleged abuse of power within the Crofting Commission. More news on that to come.

Brian Inkster