Tag Archives: Isle of Skye

The Crofting Commission has become a three-ring circus

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The Crofting Commission has become a three-ring circus

Every good circus needs a performing elephant!

The title of this post is the title of the Editorial in the West Highland Free Press (WHFP) published on 16 December 2016.

We reproduce that Editorial here as an important addition to the 101 blog posts already published on the fiasco arising from ‘The Common Clearances‘:-

For the last three months the Crofting Commission has not been dysfunctional. it has been non-existent.

As the Crofting Commission is the regulatory body of almost 20,000 crofts occupied by over 30,000 people – including around half of the combined populations of the Western Isles, Skye and the west Highlands – that is plainly unacceptable.

This dire state of affairs originated in the persecution of grazings committees in Lewis and Lochaber by the commission’s convener, Colin Kennedy.

Following a widespread outcry, Mr Kennedy’s edicts were overthrown and he was ordered by the crofting minister, Fergus Ewing, to retreat and apologise.

In September the rest of the commissioners issued their own apology and passed a vote of no confidence in Colin Kennedy, who had stalked out of the meeting.

In the real world, that would have been that. Mr Kennedy would have vacated the convener’s chair. The Crofting Commission would have dusted itself down and continued to do its duties as best as possible.

In the unreal world of the Crofting Commission chaos ensued.

Colin Kennedy has refused to accept the censure of both the Scottish Government and his colleagues on the Crofting Commission. Even more remarkably, the other commissioners and the crofting minister seem prepared to accept this.

As we go to press on Wednesday the Crofting Commission is meeting in Inverness. Following recent form, we have no idea what will transpire. It could be anything from another walk-out to a song and dance act in the grounds of Great Glen House.

It is possible that the commission will settle for a quiet life and accept the status quo – Colin Kennedy included – until its elections next March.

That would mean three months of a non-existent Crofting Commission followed by three months of a dispirited and barely functional Crofting Commission.

Why has the crofting minister allowed this to occur?

View from the Crofting Law Blog

The WHFP have a greater grasp of the situation and have been more vocal than most news papers in calling for a resolution thereof by the Scottish Government over the past few months.

They are as perplexed as I, and many others are, at the dithering on the part of the Scottish Government over it.

Unfortunately a song and dance act in the grounds of Great Glen House did not take place at the board meeting underway as the WHFP went to press that Wednesday. Perhaps that is being saved until the Scottish Government does take the action that it really needs to take 😉

Another walk-out was nearer the mark as will be revealed in our next blog post.

Brian Inkster

Image Credit: Coll-ossus cartoon © A concerned crofter

three-ring circus - definition

21 crofters to share over £705,000 from Croft House Grant Scheme

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Fergus Ewing MSP announces £705,000 of Croft House GrantsCrofters will benefit from better housing through funding under the Croft House Grant Scheme.

Cabinet Secretary for Rural Economy and Connectivity, Fergus Ewing, confirmed 21 crofters will share over £705,000 from the scheme. The funding allows crofters to build or improve homes, helping to retain and attract people to rural communities in the crofting counties of Scotland.

Since the start of 2007, over £15 million of grant payments have been awarded. From 1 April 2016, changes made to the grant support mechanism include a significant increase in individual grants, with some crofters now eligible for £38,000 of funding.

Mr Ewing confirmed the funds on a visit to a recently constructed croft house near Kiltarlity in the Highlands. He said:

Good quality housing is essential for crofters. We need to draw people to Scotland’s most remote and rural communities and the Croft House Grant can do that. Upgrading or building new properties can help crofters fulfil their duty to live on or close to their croft and can help them undertake additional agricultural activity.

This funding will make a real difference to 21 crofters and their families across the Highlands, Western Isles, Northern Isles and Argyll. Since 2007 over 800 homes have been improved or built under the scheme. It is great to see how this support can make a difference and I look forward to hearing many more success stories from the latest awards.

Mark Wiper crofts at Ardendrain near Kiltarlity in Inverness-shire. He received £11,500 through the scheme in 2012, enabling him to build a three bedroom family home on his croft. He said:

The funding from the Croft House Grants Scheme went toward building Tigh Na Cleit. I’ve been there for two years now and being able to live on the croft I’m working on is great. Beforehand, I was living at home with my parents and having my own home has given me much needed independence.

The grant has provided me the opportunity to build a property that is completely fit for purpose, and allows me to still live close to my family. Crofting can be very challenging and any support to help maintain the way of life is welcome.

The 21 grants referred to are being made to crofters in the following locations:-

  • Caithness
  • Inverness-shire
  • Isle of Lewis
  • Isle of Skye
  • Isle of Islay
  • North Uist
  • Ross-shire
  • Shetland
  • Sutherland

For details of the scheme see: The Scottish Government – Rural Payments – Croft House Grant

Crofting Commissioner Resigns over situation the Scottish Government and Crofting Commission need to sort out

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William Swann - Crofting Commissioner Resigns from Crofting Commission

William Swann

More catch up news on ‘The Common Clearances‘ since I returned from holiday. This time the news from last week that William Swann had resigned, the previous week, as a Commissioner at the Crofting Commission.

This was covered in the media last week and this week as follows:-

Crofting Commission Press Release – 9th June 2016

The Crofting Commission today confirmed that William Swann decided to resign from the position of Commissioner on Thursday 2, June.

William Swann, from the Isle of Skye, was appointed as Commissioner by Scottish Ministers in January 2012 and has provided significant contribution to the Commission during his time and was particularly helpful as the chair of the Audit and Finance Committee.

Crofting Commission Chief Executive, Catriona Maclean, commented:

William has provided invaluable knowledge, expertise and guidance to the Commission.  The Commission would like to thank William for all of his hard work and we wish him luck with his future ventures.

The Commission remain quorate and I would like to assure all crofters that it is business as usual with a continued focus on securing the future of crofting.

The Skye Times – 10 June 2016

In recent months there has been growing discontent at grass roots level over the decisions by the Commission to remove from office two grazing committees at Upper Coll and Mangersta in Lewis after investigating their financial arrangements.

However, today Mr Swann said he had nothing to add to the resignation announcement made by the Chief Executive.

However, he did say:

The situation is one very much between the Scottish Government and Crofting Commission and something they need to sort out. I hope that things do calm down.

BBC News coverage – 13 June 2016

William Swann quit as a member of the Crofting Commission last week.

BBC Alba has since learned that he had told crofters he would resign if he felt the commission was not dealing with their case in a fair manner.

The commission has been in dispute with the crofters in Mangersta and Upper Coll about how they manage their common grazings committees.

The commission dismissed both committees, whose members are crofters, earlier this year and appointed officials to run the grazings, which are shared areas of land for raising livestock…

Catriona MacLean, of the Crofting Commission… said she could not comment on Mr Swann’s resignation, but said the commission was working effectively and within the law.

The Herald – 14 June 2016

William Swann, who was one of three commission members appointed by the Scottish Government, stood down last week without explanation.

Mr Swann, from Skye was chair of the Audit and Finance Committee. There were reports that he had told crofters on Lewis he would resign if he felt the commission was not dealing with their case in a fair manner.

But spokeswoman said last night:-

The Crofting Commission can confirm that there is no connection between what was reportedly said by William Swann at a meeting with Mangersta shareholders and his decision to resign. William’s reasons for resignation are a private matter for him and we must respect that.

View from the Crofting Law Blog

The most important thing to glean from these various reports is what Mr Swann said himself, namely:-

The situation is one very much between the Scottish Government and Crofting Commission and something they need to sort out. I hope that things do calm down.

It would therefore appear that he resigned due to an issue at the Crofting Commission that he feels needs sorting out between them and the Scottish Government. There have been calls for some time for the Scottish Government to step in and investigate what is going on at the Crofting Commission. Perhaps William Swann’s resignation will be a catalyst to them now actually doing just that.

It should be noted that William Swann chaired the meeting involving shareholders of the Mangersta Common Grazings at which there was reportedly ‘a menacing presence‘.

Brian Inkster

The Crofting Law A-Team

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The Crofting Law A-Team

Martin Minton, Angus Mackay, Brian Inkster, Evonne Morrison and Derek Flyn

Inksters recently strengthened their crofting law team by the addition of three new team members.

Derek Flyn joins Inksters as a crofting law consultant. Derek is one of the best known and most highly respected crofting law experts in Scotland. He co-wrote the first book on crofting law in 1990 and is currently writing a new up-to-date book on crofting law with Keith Graham. He was in recent years the Chair of the Scottish Crofting Federation and continues to be their Parliamentary Spokesman.

Derek, together with Keith Graham, produced the Crofting Law Sump Report which highlighted to the Scottish Government in 2014 all of the problem issues requiring to be addressed in crofting law. This is likely to lead to new crofting law legislation during the term of the new Scottish Government.

Derek lives in Beauly and has strong connections with the Isle of Skye where his wife comes from and where he once worked.

Derek will be assisting the crofting law practitioners at Inksters and providing them with specialist advice on complex crofting law matters.

Angus Mackay also joins Inksters. He is a legal consultant with a specialist interest in Community Empowerment, Land Reform and Renewable Energy.

Angus has worked for large commercial law firms and latterly for a renewable energy company. He will be dealing with general crofting and property transactions and giving specialist assistance in community acquisitions and renewable energy schemes.

Angus comes from the crofting township of Melness in Sutherland.

Evonne Morrison is joining Inksters as a Trainee Solicitor. Coming from Shetland she has an interest in crofting law and will be assisting the team in day to day crofting transactions/cases.

These three new team members join Brian Inkster and Martin Minton to provide Inksters’ clients with a formidable crofting law team of five.

Crofting Law A-Team

Derek Flyn, Angus Mackay, Evonne Morrison, Martin Minton and Brian Inkster

Brian Inkster has dealt with crofting law matters for over 25 years and appears in the Scottish Land Court regularly and is often called upon to provide opinions on complex crofting law matters.

Brian is the Hon Secretary of the Crofting Law Group, a member of the Crofting Group of Scottish Land & Estates, the Cross-Party Group on Crofting at the Scottish Parliament, the Scottish Government Crofting Stakeholder Forum, the Crofting Register Stakeholder Forum and the Crofting Legislation Stakeholder Consultation Group.

Brian is a regular contributor at crofting law conferences and blogs about crofting law on this blog.

Martin Minton is a solicitor who has been with Inksters for five years concentrating on crofting law. Martin deals with crofting property transactions and disputes. He also deals with wills and executries involving crofting issues.

Martin comes from a crofting family in Dundonnell near Ullapool.

Martin has contributed articles and legal updates on crofting law for various publications and for this blog. He is the editor of the Crofting Law Group Newsletter.

Inksters’ crofting law team provide members of the Scottish Crofting Federation with a crofting law helpline.

Brian Inkster said:-

“With the current turmoil at the Crofting Commission over their handling of issues surrounding Common Grazings Committees it is essential for crofters to receive the best possible advice that they can get. I am delighted that Inksters have assembled a crofting law A-Team that will give our clients just that.”

If you need to call in the ‘Crofting Law A-Team’ then phone Rose Sullivan on 0345 450 0123 and she will direct you to a member of the team. Alternatively e-mail the crofting law A-Team or use the Contact Form on this blog to do so.

Crofting Register gets its first croft (but where is it?)

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It was anounced today that Donald Murdie of Galtrigill, Isle of Skye, is the first crofter to have gone through the process of getting his croft mapped and applying to have the map put on the Crofting Register, held by Registers of Scotland. Mr Murdie was informed yesterday that his application is successful and that his croft is the first to be registered.

As Malcolm Combe tweeted:-

But I noted:-

… and Malcolm responded

Until Registers of Scotland get their act together and actually register Mr. Murdie’s croft on the Crofting Register I have used Google Maps to find it for you:-


View Larger Map

Brian Inkster