Tag Archives: Murdo Maclennan

SEE YOU IN COURT?

Donald Morrison introduces the headline news item on BBC Alba An Là

The BBC reported on Wednesday that it had been revealed at a board meeting of the Crofting Commission that day in Inverness that the Convener of the Commission, Colin Kennedy, was threatening the organisation with legal action.

This is how Andrew Thomson of BBC Radio Highlands & Islands reported matters on the 5.30pm bulletin:-

It has emerged that the Convener of the Crofting Commission, Colin Kennedy, is threatening to take legal action against the organisation over the way he has been treated over the last few months.

His lawyers claim he has been defamed by the Commission.

The Crofting Commissioners get ready for the meeting and that before the heat was turned up

The details of the case came to light at a heated meeting of the Commission in Inverness this morning.

The legal threats also specifically mention the actions of two commissioners, Murdo Maclennan and David Campbell, at a meeting in Brora in September last year.

The Chief Executive of the Crofting Commission, Bill Barron, says these two men have the full backing of the organisation.

Bill Barron will “back them totally and defend” commissioners threatened by Colin Kennedy

Bill Barron:-

Mr Kennedy has made it clear that there are things that the two of them have done that he particularly takes exception to and so they are named in this vague threat.

But having said that I don’t believe there is any reason why they need to worry unduly. They can continue to work with the board as they are doing and if there were difficult legal actions taken against them we would obviously back them totally and defend them.

As I say there is no sign of that actually getting up and running so at the moment although I appreciate their nervousness they are absolutely right to continue to work within the board.

It was also headline news on BBC Alba An Là at 8pm with Donald Morrison at the news desk and Donald Lamont reporting from Inverness:-

Donald Lamont reports from Great Glen House

The Convener of the Crofting Commission is threatening the Commission and some of the commissioners with legal action. Colin Kennedy maintains that the meeting in Brora last year was held against the law and Mr Kennedy’s solicitor is of the opinion that the commission has damaged his reputation.

At the last meeting, Mr Kennedy said that he was not threatening anyone with legal proceedings. However on Wednesday it came to light that a letter had actually been delivered to the Commission from his solicitor the day before that meeting took place.

Colin Kennedy enters for the meeting on Wednesday

Colin Kennedy arrives for the meeting on Wednesday

The letter wanted the Commission to change the decisions made at the previous meeting in Brora and to admit that what the Commission did was illegal, and especially that the actions of two individual commissioners were against the law.

The head of the Commission Bill Barron understands the concerns of the commissioners especially any concerns surrounding the letter.

Bill Barron:-

Mr Kennedy has made it clear that there are things that the two of them have done that he particularly takes exception to and so they are named in this vague threat.

But having said that I don’t believe there is any reason why they need to worry unduly. They can continue to work with the board as they are doing and if there were difficult legal actions taken against them we would obviously back them totally and defend them.

The newest Crofting Commissioners, Malcolm Mathieson and James Scott, share a joke before their first Board meeting

The newest Crofting Commissioners, Malcolm Mathieson and James Scott, share a joke before the tension began

There were two new commissioners present at today’s meeting. Donald Lamont asked Bill Barron was it unfortunate that their first meeting was full of tension?

Bill Barron:-

It’s part of where we are. There are those tensions within the board and until they are fully resolved that’s part of our context. I think it was not too bad for the new commissioners to join into that, Obviously I hope we will move on and resolve those things and move to more normal ways of operating.

There isn’t but three weeks until voting papers are distributed to pick a new board for the Commission.

View from the Crofting Law Blog

Since Colin Kennedy walked out of the board meeting in Brora in September there hasn’t been one board meeting of the Crofting Commission without controversy surrounding it:-

Commissioners and officials get ready for Wednesday’s board meeting

It has been very clear to many for some time that the board of the Crofting Commission has not been functioning as it should. Further rationale for that became apparent on Wednesday. How can a board function when one of its members (in this case the convener no less) is threatening legal action against the organisation itself and against fellow commissioners? How can such a situation even arise? The newly appointed commissioners, Malcolm Mathieson and James Scott, must have been wondering what on earth they had let themselves in for.

Colin Kennedy

The Convener is taking a polar opposite view from his fellow commissioners. He thinks they are wrong in what they did in Brora and they think they are correct in the actions taken by them. This is similar to the ‘diametrically opposed‘ views held by him and the Scottish Government on distribution of common grazings funds and receipt of SRDP funding.

Confidential discussions?

The legal basis of Colin Kennedy’s purported claims of defamation and damage to reputation arising from the Brora meeting are not clear. Why he considers that meeting to be invalid in law is also unclear.

What is clear is that the Crofting Commission took legal advice and at their last meeting it was “accepted that it [the Brora meeting] was one continuous meeting in two valid parts“. It was further clarified to the Cross-Party Group on Crofting at Holyrood, by Bill Barron, 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.

When six commissioners out of seven take a decision that decision should be respected and stand in accordance with the doctrine of collective responsibility.

As pointed out previously on this blog the Guide for Board Members of Public Bodies in Scotland [PDF] states:-

While Board members must be ready to offer constructive challenge, they must also share collective responsibility for decisions taken by the Board as a whole. If they fundamentally disagree with the decision taken by the Board, they have the option of recording their disagreement in the minutes. However, ultimately, they must either accept and support the collective decision of the Board – or resign.

Should Colin Kennedy have packed his bags and left by now?

Thus by sharing in collective responsibility, as he is obliged to do, Colin Kennedy should accept and support the decision of the board taken in Brora in September. By accepting and supporting that decision he should resign.

If, however, he does not accept and support the collective decision of the Board (which appears to be the case) he must, following the guidelines for Board Members of Public Bodies in Scotland, resign.

Either way he should not therefore currently be the Convener of the Crofting Commission.

Brian Inkster

Image Credits: © BBC Alba

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

Only one commissioner re-stands for election

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crofting commissioners leave the sinking ship?

Is there something telling about so many of the crofting commissioners not standing for re-election?

It had been expected that Comhairle nan Eilean Siar (Western Isles Council) would announce the candidates for the Crofting Commission Elections 2017 on Friday 27 January.

However, apparently, due to the large number of nominations received just before the deadline of Thursday, names of the candidates could not be released until Monday 30 January. And on Monday we discovered that those candidates are:-

East Highlands (East Sutherland, Easter Ross, East Inverness and Moray)

Rod Mackenzie, Teanroit, Beauly.
Archie MacNab, Orsay, Old Inn Croft, Blairninich, Ross-shire.
John Ferme McMorran, Keepers House, Balnacoil, Brora, Sutherland.

South West Highlands (Lochaber, Argyll & Bute, Arran and Cumbrae, Small Isles)

Ronnie Campbell, 5 Bohuntin, Roy Bridge, Lochaber.
Colin Niall Kennedy, Croft No2, Arinagour, Isle of Coll
Catherine Mackinnon, Cul a’Bhile, Bohuntin, Roy Bridge.
Billy Neilson, 27 Cruachan Cottages, Taynuilt, Argyll.
Uilleam Smith, 2 Caledonian Road, Inverness.

West Highlands (West Sutherland, Wester Ross, Skye & Lochalsh)

Jonathan James Hedges, Caravan, Rossal, Rogart.
Stephen William Love, 13 Sand Passage, Laide, Wester Ross.
Mairi Mackenzie, Torran, Loggie, Lochbroom, Ullapool.
Peter O’Donnghaile (Donnelly), 5 Camustianabhaig, Portree.

Western Isles

Alasdair MacEachen, 15 Aird, Balivanich, Benbecula.
Iain Maciver, 23 Laxay, Isle of Lewis.

Only one nomination was received for Caithness & Orkney and also Shetland. Thus each candidate for those two constituencies is automatically elected and no election will take place.

Caithness and Orkney

Cyril Annal, Stensigar, South Ronaldsay, Orkney.

Shetland

Andy Holt, North House, Papa Stour, Shetland.

So only one of the existing elected crofting commissioners is standing for election again. That is the controversial convener of the Crofting Commission, Colin Kennedy. All other existing elected commissioners have clearly had enough of the many problems that have beset their tenure in office. Much of which Colin Kennedy has received the blame for.

Thus the following commissioners will all vacate office following the elections:-

Marina Dennis – East Highlands
Ian George Macdonald – West Highlands
Murdo Maclennan – Western Isles
Arnold Pirie – Caithness and Orkney
Kathleen Sinclair – Shetland

There will be continuity in respect of one of the appointed commissioners, David Campbell, having already been appointed by the Scottish Government to serve a second term as a commissioner.

It is also interesting to note that Colin Kennedy’s seat (South West Highlands) is the most hotly contested one with five candidates fighting it out for a spot in Great Glen House.

The Scottish Crofting Federation welcomed the high number of nominations for the Crofting Commission elections citing it as a very positive sign for crofting. Their Chair, Russell Smith, said:-

The number of people willing to stand as candidates for the forthcoming Crofting Commission elections is very heartening. It shows that crofters care about the survival of crofting and the Crofting Commission. There is a resilience within the crofting community and the will to move on.

It is very positive that so many have stood to be counted in the Highland constituencies, especially in the South West. The Western Isles have 2 candidates but it was disappointing that Scottish Government did not take the opportunity to create further constituencies in such a large area. Orkney has relatively few crofts now so it is perhaps no surprise to have only one nomination but it is disappointing that Shetland only put forward one candidate when it is has so many well-worked crofts.

But we have enough candidates to run an election and to form a new Commission with crofter representation. That is what this is all about. We now need a good turnout to vote on 16th March, and await the Scottish Government to make the remaining appointment.

Brian Inkster

Crofting Commission dodge answering questions

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Dodging Bullets at the Crofting Commission

The Crofting Commission can stop your questions by simply not answering them!

The Cross-Party Group on Crofting has been waiting patiently on answers to 18 questions that they posed to the Crofting Commission. These were originally sent to the Crofting Commission in July 2016 then modified and sent in October 2016.

Where in law it is stated that the Crofting Commission cannot revisit its own decisions?
Why did the Crofting Commission chose to remove three grazings committees instead of work with them to improve things, if things needed improvement?
Why were grazings shareholders not given the chance to elect a new committee when the Crofting Commission removed their committee, instead of moving straight to the appointment of a grazings constable?
Does a removed committee have a right of appeal to the Crofting Commission?
Where in law it is stated that the Crofting Commission has the power to appoint a Grazings Constable when they remove members of a grazing committee from office?
Where in law it is stated that the Crofting Commission can extend the appointment of a Grazings Constable?
Why is the Crofting Commission ignoring its own guidelines on the investigation of financial irregularities?
Does the Crofting Commission maintain that all funds in a grazings bank account have to be disbursed immediately (including SRDP grants, as Mr MacLennan stated is the bulk of funds in the CPGoC)?
If there are 3 levels of accounting as outlined by Mr MacLennan (examination by external qualified person such as local retired bank manager, prepared by qualified accountant on information supplied, full forensic audit), what are the thresholds at which each is required? Do they apply to balance or income? Who decides what is appropriate (given this was the reason Mr MacLennan gave for the Upper Coll grazings committee being removed by the Crofting Commission?)
Why did the convener of the Crofting Commission involve himself in every one of these three cases and committee removals? Is this the job of a convener?
Did the convener of the Crofting Commission declare his interest in the cases when the commissioners made their decision to move to removal?
Does the Crofting Commission consider value for public money when pursuing cases?
Mr MacLennan emphasised that the Crofting Commission were obliged to act as a shareholder had made a complaint. This does not square with the Commission’s dealings relating to other regulatory matters. We are aware of complaints made by shareholders with regard to absenteeism and neglect of crofts that go many years without commission action so it would be good to know why you are so diligent in pursuing grazings committees with such rigour. Has there been a policy change to target this type of regulatory issue (as there was previously with absentees)?
Following the letter written to the Convener by Fergus Ewing concerning disbursement of common grazings funds to shareholders and SRDP funding there were mixed messages issued to the press by Commissioners. It appeared that the contents of the letter was supported but the Commission (or perhaps certain Commissioners) still thought they had done nothing wrong. Those two statements do not sit well next to one another. Can the Commission clarify their actual stance on the letter in clear terms for the benefit of this Group.
Can the Commission explain why they have been questioning SRDP funding for and VAT Registration by Common Grazings?
The Commission appear to be supporting their ‘constable’ Colin Souter and his behaviour at Upper Coll. Do they actually support a ‘constable’ who is having meetings with 4 shareholders and making decisions affecting 42 shareholders when 26 out of those 42 have signed a petition calling for his removal?
Will the Commission advise the Group what remit was given to Constable Souter and why he appeared to be acting in an investigatory role rather than as an actual clerk.
The latest revelation appears to be matters being decided by Commissioners via ‘brown envelopes’ rather than at board meetings. Can the Commission enlighten us further on this?

There were, in addition, two questions specifically posed to the Crofting Commission via the Cross-Party Group on Crofting by Iain MacKinnon on 1 November 2016:-

I would like to draw your attention to a letter by Colin Kennedy published this month in the Scottish Farmer. In the letter he draws the Scottish Crofting Federation’s attention to ‘the commission mole’ at the time of the ‘Susan Walker debacle’. Presumably he is referring here to the anonymous commissioner quoted by the West Highland Free Press when information was leaked to the paper and other media outlets about a letter signed by five commissioners – including Mr Kennedy – calling a meeting to discuss a potential vote of no confidence in Ms Walker. Mr Kennedy told the Scottish Farmer this month:

‘I can assure the SCF that prior to my becoming convener, the mole was identified and the information was provided to the appropriate persons to take the matter forward.’

At the Cross Party Group on Crofting’s meeting on 15th September last year, Jean Urquhart asked Mr Kennedy about the leak to the press.

He was unable to give her an answer and did not identify any ‘mole’ on that occasion. However, the then chief executive of the organisation was able to respond and this is noted in the minutes as follows:

‘What is being done about the fact that there was a leak to the press from a commissioner, which is a breach of the code of conduct?

While a newspaper claimed their was leak by a Commissioner, as Accountable Officer the CEO has carried out an internal investigation which found no evidence that any Commissioner had breached the code of conduct by leaking information on the matter to the press.’

I would like to hear from the Commission’s representative at the meeting how they reconcile these two statements and to ask again, in light of Mr Kennedy’s claim: what is being done about the leak to the press; and who was the ‘mole’ as described by Mr Kennedy in his letter to The Scottish Farmer.

Six months after the first questions were put to the Crofting Commission their Interim Chief Executive, Bill Barron, addressed them at the Cross-Party Group meeting at Holyrood on 25 January 2017 by stating that he didn’t intend to answer them but would like, instead, “to focus on the future“. He wanted to “draw a line under the rows of last year“. He acknowledged that “things had been done wrong” but there was “no merit in unpicking all of that“.

Mr Barron may have missed the fact that some of the rows of last year continue into this one.

He stated:-

Some of the specific issues raised in your questions have already been clarified by the Commission. For example, we have confirmed that we agree with the Scottish Government’s position that there is nothing in the CAP rules that prevents the Scottish Government approving an SRDP application made by a grazings committee, and that we agree with the Scottish Government’s position regarding immediate disbursement of funds.

These, however, are two points that the Convener of the Crofting Commission, Colin Kennedy, still appears to be taking issue with and possibly still taking a contrary position on compared to his fellow commissioners and the official line of the Crofting Commission. This is all contrary to the doctrine of collective corporate responsibility. Indeed it is interesting to note that following the departure from the Crofting Commission of their former Convener, Susan Walker, Colin Kennedy, then Vice Convener, stated [PDF: Board Minutes – 13 May 2015]:-

I am sure that I speak on behalf of everyone when I say that today we are all equal with collective responsibility. In fact we are all Conveners, working together for the betterment of the Crofting Commission.

However, his publicly opposing views to that of the board clearly conflict with that statement.

The Guide for Board Members of Public Bodies in Scotland [PDF] states:-

While Board members must be ready to offer constructive challenge, they must also share collective responsibility for decisions taken by the Board as a whole. If they fundamentally disagree with the decision taken by the Board, they have the option of recording their disagreement in the minutes. However, ultimately, they must either accept and support the collective decision of the Board – or resign.

Colin Kennedy was not in attendance at the Cross-Party Group meeting on Wednesday night. He has only attended one meeting out of the five that have taken place since the start of the current Parliamentary term.

At the meeting in Holyrood on Wednesday night the Chair of the Scottish Crofting Federation, Russell Smith, asked Bill Barron if Colin Kennedy was still Convener and was still chairing Board meetings. Bill Barron answered both questions in the affirmative. Russell Smith then asked if the Board was working as it should to which Bill Barron replied “it is not easy but it is getting its work done“. How well, under the circumstances, it is getting its work done is, however, very debatable.

On the points raised by Ian MacKinnon the response from Bill Barron was:-

The same [i.e. not answering the questions] holds for Iain MacKinnon’s questions about a leak to the press, which was investigated by the previous CEO in 2015. Colin Kennedy’s more recent public comments about this appear to have been made in a personal capacity, but I can confirm that the Commission has no plans to re-examine this matter. Instead, my priority is to look forward to the upcoming elections and to prepare to give the best possible support to the new Board.

So it is all about looking forward and not looking back. However, you sometimes have to look back to learn from your mistakes before you can move forward and avoid making the same mistakes again.

Perhaps the Scottish Government’s review into the governance of the Crofting Commission will reflect more on the mistakes of the past and what needs to be done to prevent a recurrence of them. The Cross-Party Group on Crofting was advised on Wednesday by Gordon Jackson, Head of Rural Business Development and Land Tenure at the Scottish Government, that this review will be published “shortly“.

Brian Inkster

Image Credit: The Matrix Reloaded © Village Roadshow Pictures, Silver Pictures and NPV Entertainment

Shackles lifted on Murdo Maclennan

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Murdo Maclennan – Crofting Commissioner (Western Isles)

The Stornoway Gazette, has revealed that Murdo Maclennan, Crofting Commissioner for the Western Isles, is pleased to now be free to publicly declare his position on the common grazings crisis in the Western Isles after the shackles applied, when he confirmed a declaration of interest, were finally lifted.

In the online article Murdo Maclennan admits that the past few months have been difficult as both Mangersta and Upper Coll have endured very public struggles. He is quoted as saying:-

It has been very difficult for me being unable to give my opinions on the ongoing matters in Mangersta and Upper Coll but now my declaration of interests have been lifted.

It is important to say I was being held back by these declarations, but I can speak now.

The Constable (Mr Colin Souter) installed in Upper Coll should complete his work as quickly as possible and the move to have a new committee in Upper Coll should happen as quickly as possible.

I would hope despite all that has happened that there can be a drawing of a line under it to move forward together, and like all committees, we will need to work with the commission for the benefit of crofting in the future in these areas.

There are lessons learned on the commission side absolutely. In terms of Mangersta I have asked why it has taken six years to resolve? That will be open and transparent to everyone. The way matters were handled and whether a grazings officer could intervene at an earlier stage to bring communities together.

The Stornoway Gazette article points out that last week at the Board meeting at Brora Golf Club Mr Maclennan led a motion, which was seconded and agreed by officials, calling for the resignation of the Crofting Commission’s Convener, Colin Kennedy.

This followed Mr Kennedy walking out of a meeting after he refused to accept Mr Maclennan’s withdrawal of his declaration of interest.

It goes on to quote Mr Maclennan as saying:-

I had sought to represent publicly the Western Isles crofters involved by asking for the papers and being able to take part in the discussions later on in the meeting,

But I was denied that by the convener and after taking advice from the officials present, my position was sustained, that I could have access to the papers which led to him closing the meeting.

The board did continue to meet and we had a full day of business. I did move that the board state, through a motion, in my opinion it was the convener’s position to retire due to the situation. This was seconded and also received the unanimous vote of the board.

It is a question of accountability and responsibility for all that has gone on in the past six months.

View from the Crofting Law Blog

It is good that Mr Maclennan no longer has a conflict of interest and is able at last to take an active role in important issues concerning his own island community.

It is also heartening to see that he was instrumental in leading the motion calling for the convener’s resignation.

Mr Maclennan says that the grazings ‘constable’ Colin Souter should complete his work as quickly as possible and the move to have a new committee in Upper Coll should happen as quickly as possible.

However, what work does Mr Souter have to complete? I don’t think the majority of shareholders at Upper Coll want him to complete anything for them anymore.

In the case of Mangersta the ‘constable’ there was removed very swiftly indeed. Should the same not happen at Upper Coll?

What move needs to be made to have a new committee in Upper Coll? Is that not in effect all done and dusted by the actions taken by the shareholders themselves some weeks ago?

It looks like the Commission is unnecessarily prolonging the agony for the crofters of Upper Coll.

Colin Souter should step down immediately, without any further delay, and let the crofters get on with it themselves.

That happened in Mangersta. There is no good reason why it cannot and should not happen in Upper Coll.

The six crofting commissioners (including Mr Maclennan) who now oppose Mr Kennedy should ensure that this happens without further delay and preferably by close of play tomorrow at the latest. This would demonstrate that the shackles have well and truly been lifted.

Brian Inkster

Few tears should be shed

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The latest edition (30 September) of the West Highland Free Press contains a strong editorial concerning the events in Brora last week. It is entitled Crofting Commission: No tears for the end of the Colin Kennedy era. We reproduce it here as an important part of our archive on ‘The Common Clearances‘:-

By walking out of a Crofting Commission meeting in Brora yesterday (Wednesday) because everything was not going his own way, Colin Kennedy abandoned the convenership in the same disgracefully arrogant manner with which he has held the position for the last 15 months. Few tears should be shed.

Last week crofting minister Fergus Ewing instructed the crofting commissioners to make a full public apology to the Lewis grazings committees which earlier this year, they summarily and possibly illegally dismissed from office.

In other words, according to the crofting minister, throughout this whole sorry affair the Crofting Commission has been completely wrong in both its legislative interpretation and procedural actions.

The commission was wrong to consider that the locally-elected grazings committees at Upper Coll and Mangersta had been constitutionally at fault. It was also wrong to sack them.

There can be few graver charges laid at the door of crofting’s regulatory body. Its punishment is to publish a humiliating confession of its sins, and to submit to a review of its practices by Scottish Government officials.

More than anybody else, Mr Kennedy spearheaded the assault on the grazings committees. In doing so he at least demeaned and possibly also subverted his office.

If one thing was certain following Mr Ewing’s intervention before Wednesday’s meeting in Brora, it was that Colin Kennedy could no longer stay on as convener. All that remained was the manner of his leaving. It could have been gracious or it could have been petulant. It was of course the latter.

The remnants of the Crofting Commission was left to compose its letter of apology. Once that task was completed, before dusting itself down and attempting to resume normal and responsible service, it must tie up another loose end from Mr Kennedy’s convenership.

The commission should instantly remove its constable, Colin Souter, from Upper Coll. The imposition of Mr Souter on that part of Lewis was a grossly insulting over-reaction. He should never have been sent there in the first place.

In the words of the Scottish Crofting Federation’s Fiona Mandeville, Constable Souter “has no place in crofting, is aggravating bad feeling and is standing in the way of democratic process”.

Colin Souter’s continuing presence on the east side of Lewis is reminiscent of the Highland authorities’ response to the 19th century land war. It has no place in the 21st century.

Colin Kennedy was elected to the Crofting Commission by the crofters of the south-west Highland constituency. He was then elected to the convenership by his fellow commissioners following their vote of no confidence in the government-appointed chair, Susan Walker. He is walking proof of the fallibility of democracy.

But if free votes have bad outcomes, they can also correct their mistakes.

If Mr Kennedy hangs around, stands and is re-elected by the voters of Lochaber, Argyll and Bute, Arran and Cumbrae and the Small Isles next March, that will be their right and their responsibility. We hope, however that the crofters of the south-west Highlands have enough decency and sense to choose an alternative.

Other commissioners should and doubtless are taking long hard looks at their positions.

They have all been complicit, to one degree or another, in this fiasco. Murdo MacLennan was returned from Lewis with the biggest vote of all. For all of his experience and affability, Mr MacLennan has not defended the crofters of his own constituency from his convener’s excesses.

If, as we have often suggested, the size of the Western Isles crofting constituency was property respected and it had two or three elected commissioners, Colin Kennedy might have found some opposition within the commission’s ranks – and the grazings committees of Upper Coll and Mangersta might not have been dragged through the mire.

As things stand, Murdo MacLennan is the only Western Isles representative on the Crofting Commission. In this important instance, however reluctantly and for whatever reasons, he has failed his voters. If he also stands for re-election, he might not expect many voters from Upper Coll next spring. Whether or not the crofters of the rest of Lewis stick with him is their decision. We suggest that it is time for a change there also.

It may not be his worst offence, but Colin Kennedy’s Crofting Commission has given ammunition to those who will suggest that crofters are incapable of managing their own affairs.

Crofters themselves can refute that charge. Six months from now they will once again be asked to vote for crofting commissioners.

In the elections of 2012 the turnout was low. In both the Western Isles and in Skye and the West Highlands, only half of crofters bothered to vote.

That turnout should increase significantly next spring. Crofters everywhere know by now how much is at stake. The least they can demand of their commissioner candidates is that they refrain from mounting concerted attacks on grazings committees.

Crofting Convener in Hiding

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Hide and seek was a favourite pastime at Great Glen House

The Cross Party Group on Crofting met on Wednesday night at Holyrood.

This followed the private meeting between Fergus Ewing MSP, Cabinet Secretary responsible for crofting, and all of the Crofting Commissioners. At that private meeting Mr Ewing told Commissioners that he expected them to rescind their decisions and issue an apology to the three grazings committees removed from office since December 2015.

One would have expected the Convener of the Crofting Commission, Colin Kennedy, to have represented the Crofting Commission at the Cross Party Group meeting. However, he was nowhere to be seen at that meeting. Where was he? He was in Edinburgh (presumably in the very same building) earlier that very same day for the meeting with Mr Ewing. One assumes he would not have been able to get back to the Isle of Coll after that meeting to tend to his croft and would have been staying overnight in Edinburgh in any event?

As Convener of the Crofting Commission, Colin Kennedy, has the particular responsibility of representing the views of the Board to the general public. This will include those attending the Cross Party Group on Crofting.

Colin Kennedy did not attend the last Cross Party Group meeting in June on the day when the Crofting Commission took a massive U-turn on their stance at Mangersta Common Grazings.

Colin Kennedy did not attend the last Scottish Government Crofting Stakeholder Forum meeting when the Chief Executive, Catriona Maclean, announced her resignation.

Colin Kennedy did not attend this week’s Cross Party Group meeting when one would have thought he should have been there to advise that meeting of the outcome of the earlier meeting that day between Commissioners and Mr Ewing.

Instead Commissioner Murdo Maclennan attended this week’s Cross Party Group meeting, disclosed nothing about the earlier meeting with Mr Ewing and refused to answer questions verbally saying he would only do so in writing. However, after the meeting he appears to have released information to the BBC that again one would have thought could and perhaps should have been revealed first to the Cross Party Group.

Why is the Convener in hiding?

Why is the Convener not attending meetings on the Commission’s behalf and representing the views of the Board?

Is the Convener “unsuitable to continue” in that role given this clear dereliction of duty on top of and in addition to the abuse of power he has been accused of?

Presumably the Convener will have to come out of hiding for the Board meeting of the Crofting Commission at Brora on 28 September. Presumably after that meeting it will have to be he who gives the public apology to the crofters affected by the decisions to remove grazings committees from office. Thereafter he can perhaps go into hiding again especially if he takes the advice of the Chair of the Scottish Crofting Federation, Fiona Mandeville, who said:-

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.

Brian Inkster

Who are we supposed to believe?

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Whose riddles are the right riddles?

A guest post by the Crabbit Crofter.

Over the last five months “the public” has become more and more confused by the Crofting Commission’s changing statements, retractions, and now silence on the subject of ‘The Common Clearances‘. So whose fault is it the message is so confused?

The Crofting Commission seems to have the right intention. It has a button you can click on its website called Openness. It boldly claims “We aim to provide high quality services and information to all members of the public.” So how is it getting on with its aim?

First. Who should be making sure we were given clear messages about such an important topic? And lo and behold Crofting Commission has a handy Framework Document [PDF]. It became operational just about when everything started to go wrong with the common grazings furore so a shame everyone seems to have forgotten what it says. It covers the period April 2016 to March 2018. The introduction says:-

This framework document has been drawn up by the Scottish Government (SG) in consultation with the Crofting Commission. It sets out the broad framework within which the Crofting Commission will operate and defines key roles and responsibilities which underpin the relationship between the Crofting Commission and the SG.

How handy. It tells us lots of useful stuff. It sets out who is responsible for communicating with the public. Guess who it is? The Convener of the Crofting Commission. The Framework Document states one of the Convener’s “particular responsibilities” is:-

Representing the views of the Board to the general public

So how has Convener Kennedy been getting on with this “particular responsibility”? Since the 2016-2018 Framework Document came into force, there have been:-

various interviews on Radio nan Gaidheal and An La, BBC Alba (TV) with Commissioner MacLennan, including one where he was challenged by the interviewer Donald Lamont on why he hasn’t done more to help Lewis grazing committees. Mr MacLennan explained he couldn’t talk about Mangersta or Upper Coll because he had conflicts of interest. In the Upper Coll case because he had some sort of link with the solicitor representing Upper Coll in the Land Court case.

It could be argued Mr MacLennan as a Gaelic speaker was used for these interviews rather than Convener Kennedy. But, guess what? There have also been:-

An interview in English with Commissioner Swan after the meeting in Mangersta on 17th May on Aithris an Fheasgair, Radio nan Gaidheal.
An interview in English with Chief Executive Catriona MacLean on Radio nan Gaidheal, and An La, BBC Alba, after the meeting attended also by Convener Kennedy (and Commissioner MacLennan) in Stornoway with the CNES Joint Consultative Committee, on 13th June.
Statements at the Scottish Parliament Cross Party Group on Crofting in June by Commissioner MacLennan and Chief Executive Catriona MacLean (in English). Convener Kennedy was notably absent when the big topic of the Commission’s self-inflicted common grazings crisis was on the agenda and obviously politicians and the general public would be demanding a clear statement from the Commission. Strangely Commissioner MacLennan seemed to have forgotten about his reluctance to talk about the issue because of a conflict of interest in the two Lewis cases.
Interviews with Commissioner MacLennan following the board meeting on 17th August, carried on Aithris an Fheasgair and An La in Gaelic and in a BBC Highland report in English. These interviews were almost unintelligible. They left the “general public” in a worse state of confusion than if there had been no interviews at all by anyone.

There have also been numbers of statements –

The famous Convener Kennedy statement on how to manage common grazings finances, now removed from the Commission’s website but available on the Crofting Law Blog.
A statement from Vice Convener MacDonald on 8th June contradicting the previous statement from the Convener but with no explanation if it was his own views or those of the whole board who had agreed to disagree with their Convener on the issue.
The famous Open Letter from Chief Executive Catriona MacLean still available on the Commission website. It contradicts the Convener’s previous statement, but claims no such statement was ever made. So which of the Convener’s or the Chief Executive’s statements was the views of the board? We have to assume the Convener’s since it is his “particular responsibility” to convey the views of the board to the general public.
A report from Jackie O’Brien on Good Morning Scotland (Radio Scotland) who hadn’t managed to get an interview but had got a statement from Convener Kennedy prior to the board meeting on 17th August. The Convener’s statement was extraordinary because it disagreed with his Minister. And it stated the Convener’s position on the matter before he allowed the board to have a democratic discussion. But then the Convener didn’t make any attempt to convey the views of the board to the general public after the board meeting. Why not? Instead we got something almost completely unintelligible from Commissioner MacLennan no-one has been able to decipher yet. So what were the views of the board? Since it is his “particular responsibility” to convey the views of the board to the general public we must assume it was the Convener’s statement before the board meeting.

All of this leaves the general public totally confused. Which of these contradictory interviews and statements from five different people (Vice Convener, two Commissioners, Chief Executive, Convener) over the past 5 months is the opinion of the board? The Framework Document tells us we should only listen to the Convener because he has “particular responsibility” to convey the views of the board to the general public. But he has consistently refused to give interviews. And his two public statements baldly state grazing committees have to pay out all money immediately to shareholders and can keep none. So there you have it. It looks like he is in conflict with his Minister. And with his board. And his Chief Executive. Not to mention crofters. No wonder we are all so confused and angry.

Crabbit Crofter

Guest Blogger Bio: A crabbit crofter who wishes the weather was better & Scotland produced more of its own food. He believes in a just & honest world, full of integrity & decency.

Croft Wars: Return of the Committee

Lacklustre response by Crofting Commission

5 Replies

The Crofting Commission eventually got around, on 24 August 2016, to issuing a public written statement regarding the letter from Fergus Ewing MSP, Cabinet Secretary with responsibility for crofting, to Colin Kennedy, Convener of the Crofting Commission. It states:-

A special meeting was held by the Board on the 21 July to consider the Cabinet Secretary’s letter to the Convener. The Board unanimously agreed that the Crofting Commission support the Scottish Government’s position on CAP funding and disbursal of funds by common grazings committees.

The Convener, Colin Kennedy, has written to the Cabinet Secretary confirming the Board’s agreement. At the Commission’s Board meeting on Wednesday 17 August, draft guidance for grazings committees was considered and the Commission is planning to engage with stakeholders to discuss the guidance.

The Crofting Commission continues to work constructively with the Scottish Government and is committed to securing the future of crofting.

So nothing there we didn’t know already! And nothing to clarify the confusing mixed messages issued on the Commission’s behalf by Commissioner Murdo Maclennan in English and in Gaelic immediately following the board meeting on 17 August.

Or does this clarify the position without explicitly saying so?

With no add-ons like we got from Murdo Maclennan does this mean there is no qualification to the support given to the letter from Fergus Ewing (i.e. the Crofting Commission are not actually saying that they think they did the right thing but are still supporting his letter – instead they are simply unequivocally supporting his letter and therefore admitting that they got it wrong completely?)

However, we shouldn’t have to be drawing inferences from statements issued by the Crofting Commission.

They knew there was confusion caused by Colin Kennedy’s statement to Jackie O’Brien on 16 August and Murdo Maclennan’s statement to the media on 17 August. In both cases the message was in effect that “we’ve done nothing wrong but we support the letter from Fergus Ewing”. Is this or is this not the position of the Board of the Crofting Commission? Or are they split on this point?

I have asked the Chief Executive of the Crofting Commission, Catriona Maclean, to clarify the matter, for the avoidance of any doubt, for readers of this blog. I will let you know her response should I receive one and am not simply ignored again.

Brian Inkster

Statement by Crofting Commission gets no better in Gaelic

2 Replies

It was previously raised on this blog that the statement made by Crofting Commissioner Murdo Maclennan after the board meeting on 17 August was fairly unintelligible.

This was a statement made by him, on behalf of the Crofting Commission, following discussion by them of the letter from Fergus Ewing MSP, the Cabinet Secretary with responsibility for crofting, on the Commission’s handling of the common grazings debacle.

That statement was made by Murdo Maclennan in English. He made another statement on the same day to the media in Gaelic. That Gaelic statement was broadcast on BBC Radio nan Gaidheal’s Aithris an Fheasgair on 17 August 2016.

The Crabbit Crofter has made as accurate a transcription and translation into English from Gaelic as he could of this statement, and that as follows:-

…that was in the letter and…um…and…eh…the Convener made…eh…he brought the letter to the board…about it…as I said…as…as…every public board is anyway…there will be different opinions…and we came…we talked about it and we came to the conclusion…everyone in the…everyone in the Commission was behind…as I’m saying…and accepted it.

Unfortunately in these two villages that…they didn’t come to an agreement…there wasn’t an agreement…between the people who raised the topic and…and…eh…the township committees themselves but…but that’s past now…and…and we are working eh with…as in Upper Coll…we have got a Constable who is working with crofters in the village…and…and…I am finding out he is working well with them…eh… unfortunately …I said that it was…it came to this…but we think we did the right things for the township.

Well, no better or any more understandable than the statement made in English!

Interesting that in this statement Murdo Maclennan speaks specifically about an apparent lack of agreement in two villages (there were actually three involved: two on the Isle of Lewis and one on the Scottish mainland) but “that’s past now”.

It may be in the past in the Commission’s eyes but it is what Fergus Ewing’s letter was all about and crofters still want answers as to why the Commission took the action that they did and assurances that they will never do so, in such circumstances, again.

The Commission’s current policy on this matter, in light of the letter from Fergus Ewing MSP, must be made clear and this statement goes nowhere near doing so.

Murdo Maclennan says “we have got a Constable”. Is this, yet again, the Commission thinking the constable is their man on the ground rather than an independent party distinct from the Commission who simply takes the role of clerk/committee?

In any event the grazings constable in question is illegal! If the Crofting Commission are now accepting that they got it wrong, in light of Fergus Ewing’s letter, does it not follow that they are accepting that they got it wrong in relation to the appointment of constables?

@CroftingLaw Note the freudian slip. “we’ve got a constable” in Upper Coll. The Commissions man, not the townships.

— Crabbit Crofter (@CrabbitCrofter) 17 August 2016

The Crofting Commission, via Murdo Maclennan seems to think that the illegally appointed constable in Upper Coll is “working well” with the crofters in the village. Certainly not the message being given out loud and clear by many of the crofters in the village who have stated that to date they have “only been co-operating with the constable under duress”.

Also Murdo Maclennan said, on behalf of the Crofting Commission, that they think they “did the right things for the township”. That is not what the majority of crofters or the Scottish Government seem to think. Also is that statement actually reflected in the massive U-turn the Commission took over Mangersta?

Murdo Maclennan’s confusing,if not incoherent,statement (cf https://t.co/jMBITcl7m2) tone deaf to Lewis crofters’ overwhelming views on 3-08

— Crofting Federation (@SCFHq) 18 August 2016

All and all it still seems to be a shambles. The Crofting Commission appear to say, perhaps reluctantly, on one hand that they agree that they got it wrong (i.e. in support of the Scottish Government position) but on the other hand they still think that they did the right thing. Those two viewpoints cannot sit easily side by side.

@Feorlean – surely @CroftingScot public response to Scots Govt criticism can’t just be the gibberish to the BBC as reported by @CroftingLaw?

— IainMacK (@IainMacKinnon75) 19 August 2016

However, the statements made on behalf of the Crofting Commission by Murdo Maclennan, both in English and in Gaelic, are far from clear in any event and are open to misinterpretation.

The Crofting Commission must, in all the circumstances, publish a written statement in clear English and Gaelic (each one being a direct translation of the other) that sets out their actual position on the matter. This should, in any event, have been done as a matter of course immediately following their board meeting last Wednesday.

Last tweet in the name of @CroftingScot 16 days ago – statement after yesterday’s board not even tweeted ! #lackoftransparency

— Michael Russell (@Feorlean) 18 August 2016

Brian Inkster

Update: 3 September 2016

In the West Highland Free Press yesterday a letter was published from Murdo Maclennan under the heading “Partick twang” to blame. It reads:-

I refer to the comments of Ms Mandeville of the SCF as reported on the WHFP website on 19th August and her reference to my “apparent assertion after a recent board meeting”.

As she does not disclose her source of information I assume that she is referring to my post-board interview with BBC Alba. My Gaelic is nuanced through a Partick twang and she has clearly misinterpreted my public statement. I did state during the interview that the Commission conducted a debate followed by a motion, which I moved, being carried unanimously and without dissent. In any public body vigorous debate is surely to be encouraged and not disparaged.

Sorry, Mr Maclennan but that goes nowhere near resolving the confusion you have already created – It may in fact have caused more!

Do the Commission take the view that they have done nothing wrong despite the letter from Fergus Ewing? A simple “Yes” or “No” in English, Gaelic or Partick twang will suffice.