Tag Archives: First Minister

Mairi Gougeon takes on a new role of Minister for Rural Affairs and the Natural Environment

Mairi Gougeon takes on a new role of Minister for Rural Affairs and the Natural Environment

Mairi Gougeon

Hot on the heals of Fergus Ewing MSP being reappointed yesterday as Cabinet Secretary for Rural Economy it was announced today that First Minister, Nicola Sturgeon, had nominated Mairi Gougeon for the new role of Minister for Rural Affairs and the Natural Environment. As such she will report jointly to Rural Economy Secretary Fergus Ewing and Environment Secretary Roseanna Cunningham.

Being SNP MSP for Angus North and Mearns (well outwith the Crofting Counties) I am unsure how familiar Mairi Gougeon will be with crofting law. However, as my law firm, Inksters, has an office in Forfar, within her constituency, I will be more than happy to meet her there (or indeed in Edinburgh) to fill her in on the complexities of crofting law and what reforms are required.

Brian Inkster

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.

Crofting Law whilst in Milan

Crofting Law whilst in Milan

The dome in the Galleria Vittorio Emanuele II, Milan, Italy

It is over a week since my last blog post. Not because it has been quiet in the world of crofting law but because I’ve been away in Milan. I didn’t quite escape crofting law whilst there as I had a meeting where a translator turned my crofting law advice into Italian. I hope nothing was lost in translation. Not sure what the Italian is for souming!

Last time I was away from the UK I commented that there was ‘no let up on the common grazings crisis whilst on holiday‘. Much the same this time around. Especially due to the fact that the ‘twa Colins’ (as they have become known in the comments section of this blog) are, somewhat incredulously, still in post.

Colin Souter, the Grazings ‘Constable‘ of Upper Coll, still seems to hold that ‘position’ despite the Crofting Commission announcing over three weeks ago that he would be stepping down “as soon as possible“. Why has he not stepped down or been stepped down?

Colin Souter has been uncharacteristically quiet during that period. Whereas Colin Kennedy, Convener of the Crofting Commission, has been uncharacteristically vocal. My last blog post looked at his  crofting ‘crusade‘ as revealed in The Scottish Farmer. A week later and The Scottish Farmer have published a letter from Colin Kennedy which starts with an attack on the Scottish Crofting Federation, rambles on a bit and is cryptic in places but seems to be blaming the  former Chief Executive of the Crofting Commission, Catriona Maclean, for everything that everyone else has been blaming him for. I will look at that, and the further breaches of the code of conduct by Mr Kennedy arising therefrom, in a future blog post.

Kennedy is the renegade commissioner who is breaking almost all, if not every, ethical standard expected of public office holders. The Editor of the West Highland Free Press wondered a couple of weeks ago how Kennedy had still not received his P45. Patrick Krause, Chief Executive of the Scottish Crofting Federation, writing in the Press & Journal around the same time expected this “Ozymandias with delusions of grandeur” to have been toppled by now.

The First Minister, Nicola Sturgeon, referred to Kennedy’s behaviour as “disappointing” and hinted at the powers the Scottish Ministers had to remove him. Since then he has gone on a personal tirade against those very ministers, his commissioner colleagues and commission staff. How has he been allowed to go on like this? Who is in control? What message does this send out to crofters and the general electorate? Where and how will it all end?

I referred earlier to “former” Chief Executive, Catriona Maclean, because her replacement on an interim basis, Bill Barron, started work at Great Glen House on Monday. I will also look at that in more detail in a future blog post.

However, how can this new interim Chief Executive be expected to effectively operate an organisation where the Convener has gone renegade? Where that convener does not have the support of the other commissioners, the Scottish Ministers, any of the crofting representative bodies or the vast majority of crofters? Could the role be any more of a poisoned chalice?

What else happened over the past week? Well:-

  • The closing date came and went for applications for the two appointed Crofting Commissioner posts.
  • Top search terms leading people to this blog were “Colin Kennedy Crofting Commission” and “the Marquis & Marchioness of Stafford”. I have previously drawn comparisons.
  • Comments on the blog took on a Star Trek theme making a change from Star Wars analogies. The Dark Side have become the Klingons it would appear 😉
  • Revelations of baboon-a-grams being advertised on the Isle of Coll emerged. We are searching the News of the World archives for more on this story which just might eclipse the Convener’s Throne for amusement value.
  • It would appear that back issues of the News of the World, Press & Journal and Oban Times also hold other interesting stories about the Isle of Coll. We will see what our research turns up.
  • Crofting road shows will be taking place to inform crofters about the Crofting Commission  elections and other crofting issues.
  • The Rural Economy and Connectivity Committee has launched a call for written evidence to help inform its short, focussed review of priorities for crofting law reform.
  • Crofting Election Regulations have been put before the Scottish Parliament but these make no changes, as previously mooted, to the six constituency boundaries.

A week is clearly a long time in crofting law!

More detail on some of these stories  will appear in future blog posts. Do subscribe to this blog by inserting your e-mail address in the box in the top right of this page and press ‘Subscribe’. You will then receive the latest blog posts directly into your mail box as soon as they are published. You don’t want to miss that baboon-a-gram story 😉

Brian Inkster

Crofting Federation call on the Commission’s Convener to be ousted

Scottish Crofting Federation call on Crofting Commission Convener Colin Kennedy to be oustedOn the back of assertions by Colin Kennedy in the press and on TV that he has no intention of resigning as Convener of the Crofting Commission the Scottish Crofting Federation has called on the Cabinet Secretary for crofting, Fergus Ewing, to oust him. First Minister, Nicola Sturgeon, hinted at their ability to do so at last week’s First Minister’s Question Time. The BBC suggested if he didn’t jump he would be pushed.

Fiona Mandeville, Chair of the Scottish Crofting Federation, said:-

This dreadful humiliation of crofting regulation and complete waste of public money has got to stop.

In his latest statements to the media, Mr Kennedy has said that he intends to stay in place as Convener of the Crofting Commission. He still refutes any wrong doing and claims to have operated within the law, despite the fact that lawyers and the Cabinet Secretary for crofting, who is himself from a legal background, have said he is wrong. That is some arrogance.

To top this Mr Kennedy said on the BBC that he had no knowledge of the fact that his fellow Commissioners have no confidence in him. He must be the only person in Scotland who hasn’t heard that last week the Commissioners unanimously agreed that Mr Kennedy should stand down, following his petulant abandonment of their board meeting. This joins the widespread calls from the Scottish Crofting Federation, crofters and politicians for Mr Kennedy to go. He’s now a laughing stock if it weren’t so serious a situation. He is a lonely figure with his head stuck firmly in the sand.

How much is this whole affair costing the public purse? The resources being used trying to clean up after Mr Kennedy’s bungling must be astronomical. We have the existential crisis of Brexit staring us in the face and the fundamental weaknesses in the whole regulatory framework, yet a phenomenal amount of everyone’s time and energy is being expended on this one deluded despot.

The Cabinet Secretary must end this farce and restore some normality in crofting by demanding Mr Kennedy’s resignation forthwith. It is within his power to do so. Mr Ewing has the support of the Crofting Commissioners, the public, MSPs and the First Minister. If it just takes all the parties to formally give their support, we urge them to make this clear. Crofting is too important to the Highlands and Islands to let this man run rough-shod over the lives of decent people any longer.

Image Credit: Lord Sugar says “You’re fired” on The Apprentice © BBC

Has the Convener lost his memory?

Has the Crofting Commission Convener, Colin Kennedy, lost his memory?The Convener of the Crofting Commission, Colin Kennedy, gave an interview to Gordon Brewer on Sunday Politics Scotland by phone from the Isle of Coll. This followed on from my own interview with Gordon Brewer at the BBC studios at Pacific Quay in Glasgow.

What struck me from Mr Kennedy’s responses to Gordon Brewer’s questions was that he appeared to have lost his memory. I will look at some of those responses and explain why:-

Mr Kennedy’s assertion that the Commission have acted wholly within the law at all times and have not received legal advice to the contrary

Gordon Brewer asked:-

Are you going to stay in the post?

Colin Kennedy responded:-

I have no intention of resigning.

Gordon Brewer:-

Why not?

Colin Kennedy:-

As matters stand, I believe the commission have acted wholly within the law at all times and until such times as we have legal advice to the contrary, I will maintain my position.

View from the Crofting Law Blog on Mr Kennedy’s assertion that the Commission have acted wholly within the law at all times and have not received legal advice to the contrary

Has Mr Kennedy forgotten that he had deleted from the Crofting Commission’s website his own guidelines on “immediate” payment of funds when it was shown that the law did not insist upon that.

Has Mr Kennedy forgotten already that Fergus Ewing MSP, Cabinet Secretary responsible for crofting, wrote him a letter which stated that Mr Ewing saw “little merit” in and “wholly disagrees” with his interpretation of the law?

Indeed Mr Ewing referred to the Scottish Government’s position as being “diametrically opposed” to Mr Kennedy’s position. He went onto say that it was “not sustainable for the Scottish Government and one of its public bodies to take opposing interpretations of the law”.

The Board of the Commission (including Mr Kennedy) subsequently accepted and supported the Government’s position in this regard.

Has Mr Kennedy also forgotten the meeting that he and other commissioners had with Mr Ewing at Holyrood?

At that meeting Mr Ewing told Mr Kennedy that the action taken by the Crofting Commission to remove grazings committees from office was wrong, that the decisions should be rescinded and an apology given to the grazings committees in question.

Following Mr Kennedy walking out of the Board Meeting at Brora the remaining commissioners accepted Mr Ewing’s position and the apology was issued.

First Minister, Nicola Sturgeon, referred to it as being “disappointing” that Mr Kennedy was not a party to that apology.

Mr Kennedy being unaware that the commissioners have no confidence in him

Gordon Brewer said:-

Okay, but the commissioners have said they no longer have any confidence in you. Which is not brilliant from your point of view is it?

Colin Kennedy responded:-

I am unaware of the commissioners having said they have no confidence in me.

Gordon Brewer:-

You are not aware of that?

Colin Kennedy:-

Correct.

The Crofting Law Blog’s view on Mr Kennedy being unaware that the commissioners have no confidence in him

Mr Kennedy has been known to go into hiding but he must be on a different planet if he is suggesting that he does not know what was discussed at the Special Meeting in Brora.

It was headline news following that meeting.

Perhaps commissioners didn’t use the exact words “no confidence” at their meeting but calling on Mr Kennedy to resign is a vote of no confidence if ever there was one.

Mr Kennedy’s understanding of the Commission’s Standing Orders

Gordon Brewer asked:-

So as far as you are concerned what? The Crofting Commission is carrying on its work as per normal?

Colin Kennedy replied:-

Well I would suggest at this moment in time that the Crofting Commission conducted a meeting on 28th September which is in non compliance or in accordance with the standing orders of the Crofting Commission and therefore it would appear in my view to be ultra vires.

The Crofting Law Blog’s view on Mr Kennedy’s understanding of the Commission’s Standing Orders

Is Mr Kennedy not familiar with the Commission’s Standing Orders? Surely the Convener should be?

The relevant provisions for present purposes are:-

6.4 The Chief Executive will call a Special Meeting of the Commission when required to do so by the Convener of the Commission. A Special Meeting will also be called by the Chief Executive if in receipt of a written request stating the business of the meeting from another member of the Commission and seconded by a majority of the Commission. The meeting will be held within 21 days of the receipt of the requisition by the Chief Executive.

6.5 Where the Convener requires a Special Meeting, and considers that there is particular urgency, the Chief Executive may call the meeting without giving the
7 days’ notice normally required at 6.1 above, provided every effort is made to contact members to give as much notice as possible prior to the meeting.

These provisions were followed and a Special Meeting duly convened.

The Crofting Commission have stated:-

When the Convener left the board meeting on 28 September in Brora the remaining commissioners requested a Special Meeting. This was held in line with the Crofting Commission’s Standing Orders.

Crofting Commissioners should be commended for doing so and allowing important business that Fergus Ewing MSP had requested them to deal with to so be dealt with.

The Convener was content to abandon the scheduled meeting and not deal at all with the business of the day.

Mr Kennedy’s views on the inexplicable

Gordon Brewer:-

So right. You think that they still have confidence in you but that they have held an ultra vires meeting without you for reasons that are inexplicable?

Colin Kennedy:-

Correct.

The Crofting Law Blog’s take on Mr Kennedy’s views on the inexplicable

What can you say!

Mr Kennedy’s assertion that decisions have been based on legal advice and papers presented to the Board

Gordon Brewer pointed out:-

The substance of this is about you, they allege, that you made various determinations about things like payments in the form of edicts – that they weren’t really consulted.

Colin Kennedy retorted:-

Absolutely incorrect.

At no time under my leadership have any decisions been taken without full endorsement of the board and based on legal advice.

And if I could comment prior to those decisions as per the board minute of 15 September 2015, prior to taking any of those decisions a formal request was made to the Chief Executive to obtain legal advice to support the papers presented to the board on which the board took the decisions.

The Crofting Law Blog’s view on Mr Kennedy’s assertion that decisions have been based on legal advice and papers presented to the Board

I am unsure what the board minute of 15 September 2015 is. I have located one from 16 September 2015 but that does not appear to be of any relevance to the matter at hand.

However, has Mr Kennedy forgotten that the Chief Executive provided clear advice to the Board that they could not appoint a grazings constable where a grazings committee was removed from office?

Despite that advice the Board went onto appoint three grazings constables in three such circumstances which appears to be a contravention of the legal advice received on at least three occasions.

General comment from the Crofting Law Blog on Mr Kennedy’s memory

It would appear that when analysed Mr Kennedy’s responses in each instance are somewhat flawed. The accurate position in each instance can actually be found in the archives on this blog.

Perhaps Mr Kennedy should refresh his memory by reading through the blog before he gives his next press interview.

However, the flaws in his responses highlight a serious divide between him and the Scottish Government and one that you would think the Scottish Ministers cannot tolerate for much longer.

Brian Inkster

Image Credit: Sunday Politics Scotland © BBC Scotland

Sunday Politics Scotland: Chaos on the Croft

Sunday Politics Scotland - Crofting Commission Crisis - Gordon BrewerSunday Politics Scotland on BBC One Scotland this week looked at the crisis in the Crofting Commission.

Presenter Gordon Brewer introducing the topic said:-

Now Chaos on the Croft.

The body responsible for protecting and regulating Scotland’s crofting is embroiled in some dramatic internal politics of its own.

As Len Cooksley reports pressure is increasing on the head of the Crofting Commission to resign after the Scottish Government became involved.

Sunday Politics Scotland - Crofting Commission Crisis - Crofter and tractor

Len Cooksley:-

Scotland has nearly 20,000 crofts overseen by the Crofting Commission.

After suspending two local grazing committees on Lewis on the grounds of financial missmanagement it was forced into a u-turn.

There were claims the commission were both heavy handed and may have acted illegally.

Now the Scottish Government’s got involved. It called on the commission and its convener, Colin Kennedy, to apologise.

Last week Mr Kennedy walked out of a commissioners meeting. Those that remained issued that apology and then passed a vote of no confidence in Mr Kennedy.

The First Minister gave her take on events in parliament earlier this week.

Sunday Politics Scotland - Crofting Commission Crisis - Nicola Sturgeon MSP - First Minister

Nicola Sturgeon MSP:-

I note that crofting commissioners have unanimously called on the convener to resign.

The Scottish Government have requested further information from the convener in relation to last week’s events.

While the Government would not ordinarily intervene in the internal operations of an independent statutory body the legislation does give Scottish Ministers power to act if required.

Len Cooksley:-

MSPs are watching developments with interest.

Sunday Politics Scotland - Crofting Commission Crisis - Tavish Scott MSP

Tavish Scott MSP:-

There is no doubt that there has been a fall out amongst commissioners and that has been caused by the behaviour of the convener of the Crofting Commission.

What this organisation needs now is a new convener, a reconstituted board and the ability to get back what it is meant to do and that is work for crofters right across Scotland.

Len Cooksley:-

We understand Mr Kennedy has no plans to resign but would make no further comment.

The implication is clear: either he jumps or he’ll be pushed.

Gordon Brewer:-

Well earlier I spoke to Brian Inkster who is a lawyer and blogger specialising in crofting matters.

Sunday Politics Scotland - Crofting Commission Crisis - Brian Inkster - Inksters Solicitors

Gordon Brewer asked:-

Well the crofting commissioners have no confidence in their leader. He won’t resign and the Scottish Government is threatening to get involved. What on earth is going on?

Brian Inkster answered:-

Well it all goes back to December time last year when they decided to put out of office a grazings committee in Lewis. The first one was Mangersta and then subsequently into 2016 they put out two other grazings committees: one in Upper Coll and the other in Lochaber.

Gordon Brewer:-

Right but what I don’t understand is that Mr Kenedy the man who is the commissioner is accused of issuing edicts on things like payments over common grazings and peoples backs are up about this. But how can he do that surely the commissioners have to decide to do this.

Brian Inkster:-

Well the commissioners should be deciding to do it. It looks as though he has been instrumental in pushing these issues forward.

There were three sort of main issues I suppose.

The first one was payment by grazings committees to shareholders in common grazings of monies that had come into grazings funds. His argument was that these monies had to be paid out immediately. So there would be immediate payment to the shareholders and if monies were required back to maintain the common grazings they would issue a levy onto the shareholders.

Nowhere in the law did it say that these immediate payments had to be made and indeed it just didn’t make any kind of logical or common sense approach to deal with it in that way.

Subsequently there were two other issues.

One was that he was seeking to stop common grazings committees receiving SRDP funding – which is really grants from the governmnet to assist in the maintenace and improvement of the common grazings.

And latterly there was an issue around VAT registration where it was being said that common grazings could not be VAT registered whereas historically they always have been.

Gordon Brewer:-

Right, now, what happened? At some point the commissioners had a vote of no confidence.

Brian Inkster:-

That was just over a week ago in Brora. That was on the back of Colin Kennedy walking out of a meeting. He closed the meeting and walked out on the basis that the commissioner for the Western Isles said he was no longer declaring an interest in the Western Isles cases which he had previously done and was now wanting to vote on any issues concerning the Western Isles.

Sunday Politics Scotland - Crofting Commission Crisis - Brian Inkster and Gordon Brewer

Gordon Brewer:-

On the face of it you would think that if the commissioners have no confidence in him he has to go but he doesn’t does he because he was elected?

Brian Inkster:-

He was elected and there is nothing in the law that says if the commissioners have a vote of no confidence he must go. One would imagine that if all the commissioners are against you, if the Scottish Crofting Federation, NFU Scotland, MSPs across all cross parties and the press are all saying it’s time to go you would think what is the point of clinging on here.

Gordon Brewer:-

The Scottish Government has threatened to become involved. What can they do?

Brian Inkster:-

In terms of the Crofters (Scotland) Act 1993, Scottish Ministers have the power if they consider that a commissioner is unable or unfit to exercise the functions of a member or unsuitable to continue as a member they can then remove a member from office.

Gordon Brewer:-

Now, Brian Inkster, just to give us a little sense of what the background to this is because it is quite complicated. But is the issue underlying all this the use of land and the fact, for example, wind farms wants to come in or housing wants to come in and it is about whether the common ground is allocated to the community the funds from it or to individuals.

Brian Inkster:-

It is linked to the funds that come into a common grazings. On a common grazings, especially as you mentioned wind farming, so in recent times the potential for larger sums of money to come into a common grazings exists. And it is linked to the distribution of those monies and there was an insistance on the part of the convener that those monies had to be paid out as soon as it was received. That there was no ability to hold onto the money to use it to spend on improvements within the common grazings. The Scottish Government said that was not the correct view in law.

Gordon Brewer:-

Alright, we will have to leave it there. Brian Inkster thank you very much indeed for joining us.

Brian Inkster:-

Thank you.

Gordon Brewer:-

Well earlier I spoke to Colin Kennedy. He is the Crofting Commission boss who is in the middle of all of this controversy. I spoke to him on the telephone from Coll.

Sunday Politics Scotland - Crofting Commission Crisis - Colin Kennedy - Convener Crofting Commission

Gordon Brewer asked:-

Are you going to stay in the post?

Colin Kennedy responded:-

I have no intention of resigning.

Gordon Brewer:-

Why not?

Colin Kennedy:-

As matters stand, I believe the commission have acted wholly within the law at all times and until such times as we have legal advice to the contrary, I will maintain my position.

Gordon Brewer:-

But the Scottish Government has said it has the power to get involved. If they do get involved and say you have to go you will have to go won’t you?

Colin Kennedy:-

That will be the case, yes.

Gordon Brewer:-

So just to be clear on that. If the Scottish Government says look given that your commissioners have voted no confidence in you we don’t think you can stay in post you will have to resign.

Colin Kennedy:-

That may be the case.

Gordon Brewer:-

Why are you so determined? You walked out of the meeting didn’t you, the other week? Why have you fallen out with all of the commissioners?

Colin Kennedy:-

No I didn’t walk out of a meeting.

I formally declared the meeting closed in light of an advancement by a commissioner supported by the deputy accountable officer that they had obtained information from the standards commission which I requested sight of prior to determination which failed to materialise.

Accordingly given the nature of the business at hand I had no alternative other than to formally close the September meeting of the Crofting Commission prior to my departure.

Gordon Brewer:-

Okay, but the commissioners have said they no longer have any confidence in you. Which is not brilliant from your point of view is it?

Colin Kennedy:-

I am unaware of the commissioners having said they have no confidence in me.

Gordon Brewer:-

You are not aware of that?

Colin Kennedy:-

Correct.

Gordon Brewer:-

So as far as you are concerned what? The Crofting Commission is carrying on its work as per normal?

Colin Kennedy:-

Well I would suggest at this moment in time that the Crofting Commission conducted a meeting on 28th September which is in non compliance or in accordance with the standing orders of the Crofting Commission and therefore it would appear in my view to be ultra vires.

Gordon Brewer:-

So right. If they still have confidence in you why would they do that?

Colin Kennedy:-

I couldn’t comment on what they do at informally constituted meetings.

Gordon Brewer:-

So right. You think that they still have confidence in you but that they have held an ultra vires meeting without you for reasons that are inexplicable?

Colin Kennedy:-

Correct.

Gordon Brewer:-

The substance of this is about you, they allege, that you made various determinations about things like payments in the form of edicts – that they weren’t really consulted.

Colin Kennedy:-

Absolutely incorrect.

At no time under my leadership have any decisions been taken without full endorsement of the board and based on legal advice.

And if I could comment prior to those decisions as per the board minute of 15 September 2015, prior to taking any of those decisions a formal request was made to the Chief Executive to obtain legal advice to support the papers presented to the board on which the board took the decisions.

Gordon Brewer:-

Alright Colin Kennedy we have to leave it. Thank you very much for joining us.

Colin Kennedy:-

Thank you.

N.B. For a limited period (29 days) you can watch this episode of Sunday Politics Scotland on iPlayer (at about 54 minutes in)

Image Credits: Sunday Politics Scotland © BBC Scotland

Either he Jumps or he will be Pushed

Sally Magnusson - BBC Reporting Scotland - Crofting Commission Report

Sally Magnusson – BBC Reporting Scotland

Reporting Scotland took up the Broragate story yesterday following the questions asked by Tavish Scott MSP at First Minister’s Question Time on Thursday.

Sally Magnusson introduced the news item:-

Pressure is mounting on the head of the Crofting Commission to resign after the First Minister warned that the Government would intervene if it didn’t put its own house in order.

This follows a turbulent few months during which the Commission was forced to apologise to crofters in the Western Isles and then passed a vote of no confidence in its own convener.

Craig Anderson - BBC Reporting Scotland - Crofting Commission Report

Craig Anderson – BBC Reporting Scotland

Craig Anderson explains:-

Its feared by many as an idylic lifestyle, part time farming on small parcels of land with tiny rents.

There are almost 20,000 crofts in Scotland protected and regulated by government agency the Crofting Commission.

But the body is imploding. It suspended two local grazings committees in Lewis earlier this year on the grounds of financial mismanagment but was forced into a u-turn when that was ruled heavy handed if not illegal.

Brian Inkster - Crofting Law Specialist - BBC Reporting Scotland

Brian Inkster commented:-

It all begins with the common grazings committees having been put out office. There were two put out of office in Lewis and one in Lochaber. It is really how the Crofting Commission has gone about that and the uproar that has caused.

Convener of the Crofting Commission, Colin Kennedy, storms out of the board meeting in Brora

Convener of the Crofting Commission, Colin Kennedy, storms out of the board meeting in Brora

Craig Anderson continued:-

The Scottish Government then called on the commission and its convener Colin Kennedy to apologise to the crofters involved.

Last week he stormed out of commissioners meeting. They issued an apology and then passed a vote of no confidence in Mr Kennedy.

So who’s running the show the First Minister was asked at Holyrood yesterday.

Nicola Sturgeon MSP - First Minister - Crofting Commission crisis

Nicola Sturgeon MSP answered:-

I note that crofting commissioners have unanimously called on the convener to resign.

The Scottish Government have requested further information from the convener in relation to last week’s events.

While the Government would not ordinarily intervene in the internal operations of an independent statutory body the legislation does give Scottish Ministers power to act if required.

Colin Kennedy and other crofting at Brora before he ended the meeting and walked out

Colin Kennedy and other crofting commissioners at Brora before he ended the meeting and walked out

Craig Anderson pointed out:-

I contacted Mr Kennedy at his home on the Island of Coll by phone earlier today and he told me he had no plans to resign but would make no further comment.

But the implication of the intervention by Nicola Sturgeon is clear: either he jumps or he will be pushed.

Tavish Scott MSP speaks to BBC Reporting Scotland about the crisis at the Crofting Commission

Tavish Scott MSP said:-

There is no doubt that there has been a fall out amongst commissioners and that has been caused by the behaviour of the convener of the Crofting Commission.

What this organisation needs now is a new convener, a reconstituted board and the ability to get back what it is meant to do and that is work for crofters right across Scotland.

Crofting Community - affect on Crofting Coimmission crisis

Craig Anderson asked:-

But does any of this really matter to the people who actually live and work in our crofting communities?

Brian Inkster, Crofting Lawyer

Brian Inkster – Crofting Lawyer

Brian Inkster responded:-

People being removed from office unfairly and unjustifiably has a huge affect on small communities. Allegations made about people that have not been proven to be correct. It has split/divided communities, caused lots of problems.

Craig Anderson rounded the news item off:-

There is a saying that a croft is a piece of land surrounded by legislation. It’s an old joke, but never was a truer word spoken in jest.

Image Credits: Reporting Scotland © BBC

First Minister answers questions on “intolerable” Convener

The First Minister, Nicola Sturgeon MSP, answers questions on the turmoil at the Crofting Commission

The First Minister, Nicola Sturgeon MSP, answers questions from Tavish Scott MSP on the turmoil at the Crofting Commission

At First Minister’s Question Time in the Scottish Parliament today Tavish Scott MSP questioned the First Minister, Nicola Sturgeon MSP, over what could possibly be dubbed Broragate.

Tavish Scott asked:-

Is the First Minister aware of the turmoil in the Crofting Commission caused by the intolerable behaviour of the current convener?

Does she know that other commissioners have asked for his resignation and that the previous Chief Executive, Catriona Maclean, left because of the convener’s behaviour and the pressure that is being placed on commission staff?

In those circumstances will she and her rural secretary now take action to make the commission work for crofters across the crofting counties without the disruptive presence of the convener?

Tavish Scott MSP asks the First Minister questions on the turmoile at the Crofting Commission

Tavish Scott MSP asking the First Minister questions on the turmoil at the Crofting Commission

First Minister Nicola Sturgeon answered:-

Well Tavish Scott raises a very important issue.

The Cabinet Secretary for the Rural Economy has already welcomed the apology from the board of the Crofting Commission but it is disappointing that the convener was not a party to that apology.

It is important that we get to the stage of being able to draw a line under recent events.

The resources spent on dealing with these issues by the  commission would in my view be far better used in being an effective regulator in contributing to a sustainable future for crofting.

I note that crofting commissioners have unanimously called on the convener to resign.

The Scottish Government have requested further information from the convener in relation to last week’s events.

While the Government would not ordinarily intervene in the internal operations of an independent statutory body the legislation does give Scottish Ministers power to act if required, and I can assure Tavish Scott that the Cabinet Secretary continues to monitor the situation very closely and would be very happy to discuss it further with Tavish Scott.

You can watch this exchange between Tavish Scott and the First Minister on YouTube at about 24:42 in:-

Fergus Ewing is new Cabinet Secretary for Crofting

Fergus Ewing - New Crofting MinisterScottish First Minister, Nicola Sturgeon, today announced her new Scottish Cabinet and ministerial team.

Crofting now falls within the portfolio of the Cabinet Secretary for the Rural Economy and Connectivity. Fergus Ewing has been appointed to that cabinet position.

Jim Hunter, in response to my last blog posttweeted:-

Among the 63 SNP MSPs is a poor soul about to be appointed Minister for Crofting – ‘poisoned chalice’ doesn’t cut it.

John MacPherson responded:-

A Minister for Crofting will need (at least!) a degree in theology and good pair of knee-pads!

Fergus Ewing will certainly have his work cut out in dealing with the issues surrounding ‘The Common Clearances‘.

To what extent Fergus Ewing may be assisted by Humza Yousaf remains to be seen. Humza Yousaf has been appointed Minister for Transport and the Islands acting as junior minister to the Cabinet Secretary for Rural Economy and Connectivity. The current controversy arises from actions taken by the Crofting Commission against Common Grazings Committees on the Isle of Lewis.

John Finnie MSP submitted a Parliamentary Question on the issue for answer by the Scottish Government. It reads:-

To ask the Scottish Government what its position is on the suspended Mangersta grazing committee on the Isle of Lewis and whether it has a role to play in the mediation of this matter.

The answer to that question and many others posed in recent weeks is now awaited with much interest and anticipation.

Brian Inkster