Tag Archives: Kate Forbes

Crofting chaos escalates

Despite 101 blog posts highlighting the crisis within the Crofting Commission, a review being commissioned by the Scottish Government into their governance and countless calls from all quarters for the current Convener, Colin Kennedy, to step down the chaos within the Crofting Commission just seems to get worse by the day.

Before Christmas it truly escalated with the Convener calling a secret meeting of commissioners in an attempt to purportedly overturn the decisions taken at Brora, including the call for him to resign. He failed. Things did not go well for him either, a few days later, at the scheduled meeting of the board on 14 December. That board meeting was covered by BBC Alba and we reproduce here their full report:-

Iain Maclean (presenter) highlighted the matter at the outset of the evening news headlines:-

This evening, more chaos and controversy surrounding the Crofting Commission as two officials refuse to attend a board meeting, they say that they cannot work with the current board.  Three co conveners, have asked the Scottish Parliament for an intervention in relation to Colin Kennedy.

BBC Alba - Commission Chaos - 141216 - Tavish Scott MSPTavish Scott MSP was interviewed stating that:-

The Crofting Commission has failed now to work for crofters, it’s now a mess, it’s now working in an extraordinary manner, involving people leaving the room and not working with the current Chairman.

Then when it came to the full report the presenter, Iain Maclean, stated:-

We start tonight with more absolute crofter chaos, after two officials have refused to attend meetings.  They maintain that they cannot possibly work with the current board.  This follows from the events that unfolded at the last meeting in Brora.  Let us look at today’s meeting in Inverness with Donald Lamont.

BBC Alba - Commission Chaos - 141216 - Colin Kennedy, Convener

Colin Kennedy, Convener of the Crofting Commission, was reportedly looking “very uncomfortable” at the board meeting in Inverness on 14 December 2016

Donald Lamont, reporting from Inverness, told us:-

Everything seemed very wrong at today’s meeting in Inverness, first of all it was obvious that not everyone was present.  Two officials refused to attend and were not present. This suggests that things are coming to a head for Colin Kennedy, who looked very uncomfortable today.

BBC Alba - Commission Chaos - 141216 - Bill Barron, Interim Chief ExecutiveBill Barron. Interim Chief Executive of the Crofting Commission, was then interviewed. He said:-

It’s very regrettable to me that two of my staff didn’t feel comfortable coming to the meeting. That’s because, one commissioner has made various allegations, criticisms, about what they have done in recent months.  They find that unacceptable and I’m supporting their position on that.

Donald Lamont continued:-

One can understand with this news, some of the commissioners are very angry, David Campbell being one of them.

BBC Alba - Commission Chaos - 141216 - Board Meeting - David Campbell, Commissioner, speaksFootage was then shown of the meeting itself with David Campbell saying to the board:-

This is extremely disturbing, extremely disturbing, the most disturbing thing I’ve come across in my time on this board… that two members of staff, by the sounds of what you said there, feel unable to be present here and by your description are unable to work with this board directly in a public forum… that gives me grave, grave concerns.

Donald Lamont went on to say:-

Few of the commissioners still support Kennedy, but things are far from right amongst the board.  With the Commission’s own situation, it is obvious that the crofters themselves are no longer the priority.

Then back to Bill Barron who elaborated:-

On Friday we accepted that it was one continuous meeting in two valid parts. What happened today was that we approved the vast majority of the  minutes of that meeting. There are two issues still to be ironed out on that.  We also noted that there are some doubts about the way the piece of business that led to the motion against the convener, the way that was called, but the commission decided to take no particular further action on that.

Iain Maclean (presenter) then came back on air to say:-

We now go to Holyrood to our political correspondent Niall O’Gallagher.

BBC Alba - Commission Chaos - 141216 - Niall O'GallagherNiall O’Gallagher, reporting from Holyrood, advised:-

They have now moved their business from the Highlands to Edinburgh in relation to the Kennedy situation.  We had three political figures from Labour, SNP and the Lib Dems come together to say that, the minister concerned, Fergus Ewing, needs to remove Colin Kennedy from the Commission to move forward. Talking to us is Lib Dem, Tavish Scott.

Tavish Scott MSP said:-

The Crofters Commission cannot carry on with the chairman it’s currently got, and the dysfunctional nature of the organisation where the senior staff meant to work together for the crofters are instead fighting like ferrets in a sack.  This has got to change.  The minister would have my full support if he now steps in, makes the changes that need to happen, including getting rid of the current chairman, and getting the organisation back to doing what it’s meant to do and that is serving the crofters.

Niall O’Gallagher then continued:-

Other than questions and concerns about the people involved in the Commission at the moment, there is also questions about the work that they actually do.  The opinion many have of the Commission is not a good one, they are not seen to be working to help the crofters who should be their prime concern.  Talking to us from the SNP is Kate Forbes.

BBC Alba - Commission Chaos - 141216 - Kate Forbes MSPKate Forbes MSP said:-

We need to do something.  Next year will be a very important year, they will have elections.  We need to change the situation now!

Presenter, Iain Maclean, returned:-

Thank you Kate, now back to Niall at Holyrood.  What is happening at parliament this evening?

Niall O’Gallagher then rounded matters off from Holyrood:-

We didn’t get a chance to speak to Fergus Ewing tonight.  The parliament’s view is that they don’t want anyone with bad intentions within the Commission.  We managed to have a few words with Alasdair Allan. Talking on behalf of the government he said that there would be an opportunity to pick new commissioners but that it was not for Holyrood to make any quick impulse decisions.

BBC Alba - Commission Chaos - 141216 - Cross Party MeetingIt was also reported online on BBC Naidheachdan that Professor Donald Meek from Tiree, who attended the meeting at Holyrood, had said that all the uncertainty was doing great harm. He is quoted as saying:-

What I realised this evening, was that I was very familiar with the old Commission.

Whatever was happening with the old Commission, there was never any uncertainty about the Commission’s own situation.

The Commission was somewhat subtle, stable, and although you were now and again not in agreement with the Commission, the Commission was still a guiding stone for crofting affairs.

That is not true now at all, ever since the uncertainty arose  in relation to those leading, those who shouldn’t even be there, so on and so forth.

View from the Crofting Law Blog

It is clear (if it was not already) that all is not well at Great Glen House. Now senior employees of the Crofting Commission are refusing to attend board meetings purportedly due to issues involving the Convener.

Despite attempts by the Convener to reverse or nullify the decisions taken by the board at Brora he has failed to do so.

Indeed Bill Barron, Interim Chief Executive to the Crofting Commission, clarified to the Cross Party Group on Crofting at Holyrood, that six commissioners had asked the Convener to stand down at the Brora meeting and have not recanted on that. The Convener has chosen not to.

Thus the call from all six commissioners, who met after the Convener walked out of the board meeting at Brora, for the Convener to resign still stands.

We now also have it reiterated by MSPs from the SNP, Scottish Labour and Scottish Liberal Democrats that they believe that the Convener should go.

Yet the Convener remains defiantly in place, apparently pending hell freezing over.

Investigations concerning a complaint made by the Convener against Fergus Ewing MSP, Cabinet Secretary with responsibility for crofting, appear to still be ongoing. The Scottish Ministers have, it would seem, been paralysed from taking any action concerning the position of convener pending the outcome of those investigations, despite the fact that it remains within their power to do so.

Perhaps the New Year will see this mess unravel and be properly sorted in the way I suggested it should have been back in April 2016. Eight months is hardy a period that would allow Scottish Ministers to be accused of making “quick impulse decisions” as Alasdair Allan MSP suggested might be the case to BBC Alba!

Meantime crofters suffer from a Crofting Commission that cannot, it would appear, be properly regulated itself let alone effectively regulate crofting.

Brian Inkster

Image Credits: © BBC Alba

Gaelic credit: Thanks to Vicki Folan of Inksters for translating the BBC Alba coverage from Gaelic to English

The Cross-Party Elephant?

The elephant in the crofting cross-party room

Was there an elephant in the room at the crofting cross-party group meeting?

The cross-party group on crofting met last Wednesday at Holyrood.

It was very ably chaired by Tavish Scott MSP. He is one of the three co-conveners of the group, having been elected along with Kate Forbes MSP at the last meeting to replace Michael Russell MSP after Mr Russell became Brexit Minister. Rhoda Grant MSP is the third co-convener of the group.

Fergus Ewing MSP, cabinet secretary with responsibility for crofting, was a special guest at the meeting.

Mr Ewing made it clear at the outset that he couldn’t comment in any respect on the current controversy regarding the convener of the Crofting Commission given the allegations made by him against Mr Ewing which are the subject of an independent investigation.

Mr Ewing outlined all that the Scottish Government is currently doing to assist crofting and its future.

In particular he discussed future crofting law reform. The Scottish Government wants to modernise crofting law and make it transparent, understandable and workable in practice. Mr Ewing made it clear that they very much wanted to listen with no precise timetable in mind.

Mr Ewing stressed the importance of taking time to get it right. I couldn’t endorse that view more and trust that we won’t see the chaos of a huge number of last minute amendments that was encountered in creating the Crofting Reform (Scotland) Bill in 2010. That was possibly partly responsible for many of the issues (not common grazings ones that were not affected by the 2010 legislation) that has led to the current Scottish Government having to tackle crofting law reform so soon again.

After Mr Ewing left the meeting we continued with the topic of crofting law reform. Derek Flyn outlined the background to the crofting law sump report which he described as a “collection of what is wrong with crofting law”.

Michael O’Neil, the newly appointed Head of the Scottish Government Legislation Team, then outlined proposals to take crofting law reform forward.

Mr O’Neil indicated his intention to involve as wide a range of stakeholders as possible. He will get out and about and meet anyone he needs to speak with.

He will refer to the information contained in the crofting law sump and in the Shucksmith Report.

Some questions Mr O’Neil had in mind included:-

  • Why do we need crofting legislation?
  • What changes need to be made to it?
  • How do we go about delivering the changes identified?
  • Are there other options to new legislation?

A small team has been assembled by the Scottish Government to take crofting law reform forward.

It will be interesting to see this process move forward and we will keep you posted on the Crofting Law Blog as it does.

Bill Barron, the new Chief Executive of the Crofting Commission, was attending his first cross party group meeting. On the agenda was an “update on grazing committee removals and other current Crofting Commission business”. He appeared to dodge being able to provide that update on the basis that it was his fifth day in the job.

However, sitting next to him was the Convener of the Crofting Commission, Colin Kennedy. Mr Kennedy did not offer an update on grazing committee removals and other current Crofting Commission business. Indeed, other than to introduce himself as all attendees did at the outset, Mr Kennedy sat silent throughout the entire meeting. He didn’t speak and no one asked him to speak.

This was, of course, the first crofting cross-party group meeting that Mr Kennedy has attended in this session of Parliament, having avoided the last two. He has thus not expressed the views of the Crofting Commission to the cross-party group since this session of Parliament commenced.

Mr Kennedy has, however, been very vocal in expressing his own personal views (which don’t necessarily coincide with those of the board of the Crofting Commission) in the media over the past few weeks including, in particular, in four successive editions of the Scottish Farmer.

His presence at last week’s cross party group meeting was referred to by some as the elephant in the room. But can the situation simply be ignored?

Brian Inkster

Croft Wars: A New Hope

Croft Wars - A New Hope

The dark side ultimately fell at the hands of the rebel crofters where the force was strong

The battle by the rebel crofters against the dark forces of the Crofting Commission took a turn in the direction of justice and rightfulness yesterday.

Fergus Ewing MSP, Cabinet Secretary with responsibility for Crofting, met with all of the Crofting Commissioners in Edinburgh to discuss the dismissal by them of three common grazings committees (two in Lewis and one on the Scottish mainland).

It has been reported that Mr Ewing told Commissioners that he expected them to rescind their decisions to dismiss and issue an apology to the three grazings committees in question.

This implies that it will bring to an end the imposition by the Crofting Commission of the grazings ‘constable’, Colin Souter, on the Upper Coll Common Grazings.

It was also reported that Mr Ewing has instructed government officials to carry out a review of the governance of the Crofting Commission.

Kate Forbes, MSP for Skye, Lochaber and Badenoch, said: –

The Crofting Commission, like any public body, must enjoy the trust of those it is working to serve and, sadly, the disputes over the past few months have been a cause of concern for those who want to support the crofting community.

As such, I support Fergus Ewing’s commitment to moving on, apologising where necessary and putting in place the necessary safeguards so that crofters are not sidelined in the cause of small ‘p’ politics and damaged relationships.

The Scottish Crofting Federation has welcomed the news. Their Chair, Fiona Mandeville, said:-

It has taken a long battle to get to this point, but it is extremely good that it is reported that Mr Ewing has made clear his support to crofters by directing the Commissioners to issue a full, unequivocal, public apology for their mistreatment of common grazings committees. This whole episode has been badly damaging to individuals, to crofting communities and to crofting itself, so we hope an apology may be the first step in a healing process.

As the person who seems to be behind the on-going attacks on crofting committees, it would be appropriate for the Convener of the Crofting Commission, Colin Kennedy to give the apology in his resignation statement.

The Scottish Crofting Federation has been asking for a review of the Crofting Commission, to look critically at its procedures and governance. The news that Mr Ewing has instructed government officials to carry out a review is very promising. This situation must be prevented from happening again by modifying the way the Commission works. It makes no sense at all that the Convener was involved in local meetings, and was making personal statements regarding grazing committee business. Acting as some sort of maverick lawman is not appropriate. The board of the Commission should be, as any board, for strategic direction and governance.

And as for Kennedy’s imposed, and lawyers say illegal, henchman, Constable Souter, he must be removed from Upper Coll immediately. He has no place in crofting, is aggravating bad feeling and is standing in the way of democratic process.

Croft Wars - A New Hope

Luke Croftwalker and Han Silo receive their medals for bravery in standing up for the rights of crofters and defeating the dark side of the Crofting Commission

The Crofting Commissioners meet next week (on 28 September) in Brora for a board meeting. It is assumed that it will be decided at that meeting to follow the directions given by Mr Ewing and rescind their previous decisions and issue an apology to the crofters in question. That apology will presumably have to be given by Convener Colin Kennedy who has the particular responsibility of representing the views of the Board to the general public.

Brian Inkster

Images Credit: Star Wars: Episode IV – A New Hope ©  Lucasfilm Ltd

Crofting Law and the new Scottish Government

Crofting Law and the New Scottish Government

How does the election results affect the future of crofting law?

Today’s Scottish Parliamentary election results saw the SNP form a minority administration with 63 seats. The Scottish Conservatives came second and form the opposition with 31 seats. Scottish Labour were in third place with 24 seats followed by the Scottish Green Party on six and Scottish Liberal Democrats on five.

What does this mean for the future of crofting law?

The SNP Manifesto states:-

Modernising Crofting

Crofting plays a unique role in Scotland’s Highlands and Islands heritage, bringing distinct social, economic and environmental benefits to communities. We will continue to provide public support for the continuation of crofting and to secure thriving crofting communities.

We will also introduce a new entrant’s scheme for crofting, explore the creation of new woodland crofts and publish a National Development Plan for Crofting.

Croft housing grants have been increased and we will continue to target support at those most in need. We will also re-introduce the Croft House Loan Scheme.

Crofters have long been concerned at overly complicated and outdated legislation so we will modernise crofting law and make it more transparent, understandable and workable in practice. We will also ensure new community landowners are not left out of pocket due to registering as the new landlord of crofts within their community owned estate.

So there is a clear commitment to “modernise crofting law and make it more transparent, understandable and workable in practice”. This must mean a new Crofting Bill being introduced during the next parliamentary term.

At the Crofting Law Group Conference in March there was clear cross-party agreement on the need for crofting law reform. So I can’t see any opposition to the introduction of a new Crofting Bill.

The last Minister for Environment, Climate Change and Land Reform (with responsibility for crofting) was Dr Aileen McLeod MSP. She failed to win the Galloway and West Dumfries constituency seat and missed out on getting a South Scotland Regional seat in the list vote. So inevitably there will be a new Minister for Environment, Climate Change and Land Reform.

Perhaps with a new Crofting Bill in the offing and the dreadful problems within the Crofting Commission that the new Minister has to tackle it is time for Nicola Sturgeon to appoint a dedicated Crofting Minister? Preferably one with a seat in the crofting counties.

Who will be the political voices we will now hear speaking up for crofting law reform and investigation of the alleged abuse of power within the Crofting Commission?

Gone from Holyrood are the strong voices on crofting that came from Jamie Mcgrigor (Conservative), Rob Gibson (SNP), Jean Urquhart (Independent) and Dave Thompson (SNP). We will also miss Alex Fergusson (Conservative) who thought that crofting law is a complete mystery but amused us with his analogy of ‘The Crofting Law Hydra‘.

Returned to Holyrood are Tavish Scott (Liberal Democrat) and Rhoda Grant (Labour). Both of whom participated in Crofting Question Time at the Crofting Law Group Conference in March expressing strong views on the “mess” that is crofting law. I can’t see them holding back on the latest “mess” of ‘The Common Clearances‘.

New to Holyrood are Donald Cameron (Conservative) and Andy Wightman (Green Party). Again they both participated in Crofting Question Time at the Crofting Law Group Conference. Donald Cameron said there that it was “time for crofting law to be for the crofters and not the lawyers”. I think that ‘The Common Clearances’ is a clear testament to that sentiment.

Helping the SNP with the Crofting Bill, and routing out the alleged abuse of power at the Crofting Commission, must surely be all SNP MSPs within the crofting counties. Alasdair Allan (Western Isles) has already spoken out about ‘The Common Clearances’ with two ‘sacked’ grazings committees, that we know of, being within his constituency. Other SNP MSPs in the crofting counties include long time politician Michael Russell (Argyll and Bute) and newbie Kate Forbes (Skye, Lochaber and Badenoch), who I had the pleasure of discussing The Crofting Law Sump with at The Future of Crofting Conference in December. Maree Todd took the SNPs only Regional Seat in the Highlands & Islands so I would think she will take an active interest in crofting law which will affect many of her constituents.

The first opportunity for the new MSPs to flex their muscles on crofting matters might be the Cross-Party Group on Crofting at Holyrood. Expect a large attendance.

Brian Inkster

Image Credit: © BBC

Future of Crofting Conference in Tweets

Future of Crofting Conference - Jean Urquhart MSPI was live tweeting from @croftinglaw yesterday at The Future of Crofting Conference in Inverness. Here is what I tweeted:-

The Future of Crofting Conference gets underway #croftingfuture

Future of Crofting Conference gets underway

Importance of crofting to the economy and need for practical measures to assist being espoused by @JamieMcGrigor #croftingfuture

We can now see but not hear @AileenMcLeodMSP. Technical issues with video sound hopefully be resolved shortly! #croftingfuture

We now have @AileenMcLeodMSP on screen both vision and sound. #croftingfuture

Hearing about @AileenMcLeodMSP’s visits around Crofting Counties (including Orkney and Shetland) and visits to @CroftingScot #croftingfuture

Meant to tweet a pic of @AileenMcLeodMSP at #croftingfuture conference. Here it is:

Aileen McLeod at Future of Crofting Conference

Now hearing from @AileenMcLeodMSP about the Vision for Crofting being formulated by various stakeholder groups #croftingfuture

Discussion by @AileenMcLeodMSP about @CroftingLawSump and taking crofting legislation forward in next parliamentary session #croftingfuture

Importance of young crofters being highlighted by @AileenMcLeodMSP #croftingfuture

Reference by @JamieMcGrigor to @AileenMcLeodMSP being an early SPICE girl! #croftingfuture

Next up @MarkShucksmith #croftingfuture

Crofting “a smallholding entirely surrounded by regulations… OR a model for the 21st century?” @MarkShucksmith #croftingfuture

Four main issues emerged from @MarkShucksmith’s report #croftingfuture

Mark Shucksmith - four main crofting issues

Working the land was the message @MarkShucksmith got over and over again #croftingfuture

Key diagram for better governance @MarkShucksmith #croftingfuture

Mark Shucksmith - Key Crofting Diagram for Better Governance

Regulation half the story need development @MarkShucksmith #croftingfuture

Early cross party support but that turned by some into bin @MarkShucksmith #croftingfuture

Bin @MarkShucksmith’s Report image #croftingfuture:

Mark Shucksmith - Bin the Crofting Report Campaign

Unfinished business @MarkShucksmith #croftingfuture

Mark Shucksmith - Unfinished Crofting Business

Evidence from @MarkShucksmith’s Report still there but does anyone refer to it today? Should still do so when considering #croftingfuture

Report by @MarkShucksmith been translated into Japanese. Norway, Ireland and West Virginia all looking at it. #croftingfuture

Introduction given by @iangeorgemacdo1 in Gaelic. Now speaking (in English) about the ‘new’ Crofting Commission #croftingfuture

Latest @CroftingScot Plan more fully aligned with legislation @iangeorgemacdo1 #croftingfuture perhaps depending on your interpretation 😉

Large amount of cooperation with @coftingscot at roadshows from all stakeholders #croftingfuture

5 main areas to focus on in #croftingfuture….

1. Simplify crofting legislation #croftingfuture

2. Make crofts available to new entrants #croftingfuture

3. Increase affordable housing with meaningful grants and loans #croftingfuture

4. Provide specific ring fenced funding to a lead body to develop crofting #croftingfuture

5. Provide financial incentives through Pillars 1 and 2 #croftingfuture

RT @culcairn Mr Inksters addressing conference #croftingfuture

Future of Crofting Conference - Brian Inkster - The Sump

View from the fank: Young crofters need help with housing and crofters need less forms to fill out. #croftingfuture

Strong sense at #croftingfuture conference that croft mortgages should have been introduced in 2010 Act as originally intended. @scotgov

Get @BillGates to come to crofting counties + use renewable energy on crofts to power @Microsoft servers located in Scotland #croftingfuture

Prof @FrankRennie‘s #croftingfuture presentation ‘The Wider Cultural Context’ is available here:

Now Neil Ross of HIE on Crofting development #croftingfuture

Importance of working together – collaboration #croftingfuture

Future of Crofting Conference - Neil Ross - Collaboration

Now discussing wooly willows in species re-introductions to Scotland #croftingfuture

Panel discussion on crofting development #croftingfuture

Future of Crofting Conference - Panel on Development

More crofts needed #croftingfuture – perhaps reallocating absent and neglected crofts first rather than creating more that may go that way?

How do you actually bring crofting to Moray and Nairnshire? #croftingfuture – no easy answer to that one!

RT @kate4SLB Great quote at #futureofcrofting ‘should do away with the word ‘remote’ – anywhere outside the Highlands is remote for us!’

Only crofters themselves and those that aspire to be crofters can drive the future of crofting @JimHunter22 #croftingfuture

Can buy 200,000 acres of land in Sutherland and no regulation affecting it but not the case with a 5 acre croft @JimHunter22 #croftingfuture

Land Reform the elephant in the room. Crofting not a poor man’s farm. Need to know what we want, clarify that + move forward #croftingfuture

#croftingfuture afternoon session opened and to be facilitated by @JeanUrquhartMSP

Gordon Jackson of @scotgov now looking at the Vision #croftingfuture

Future of Crofting Conference - Gordon Jackson - Vision

Average age of a farmer = 58. Crofter probably a bit higher. #croftingfuture

Hearing about croftingconnections.com -exemplary and of national importance #croftingfuture

Now hearing about @SCFYC #croftingfuture

View from the fank on #croftingfuture is an optimistic one.

Final panel Q&A of the day at #croftingfuture

Future of Crofting Conference - Final Panel Session

Landlords who created crofts made them too small to force crofters into other work as well @JimHunter22 #croftingfuture

Very positive to hear young folk positive about the future of crofting @JimHunter22 #croftingfuture

Need to expand @WoodlandCrofts being discussed #croftingfuture

Commitment from @SCFHq to help create new crofts #croftingfuture

Can create new crofts from large ones. One big croft could be divided into several smaller ones. #croftingfuture

Best time to plant a tree was 30 years ago. Second best time is today. @JeanUrquhartMSP recommends we take action asap #croftingfuture

RT @SCFYC “Let’s not stand back & watch while crofting disappears, we are a vital part of agriculture in Scotland” – Jean Urquhart MSP

#croftingfuture conference comes to an end. Interesting day and look forward to @scotgov action on @CroftingLawSump in 2016.

Brian Inkster