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Who are we supposed to believe?

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Whose riddles are the right riddles?

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.

Image Credit: The Riddler – Batman Forever © Tim Burton Productions and PolyGram Pictures

Pressure mounts for a full investigation of the Crofting Commission

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The crofting law truth is out there

The truth is out there

On this blog on 25 April 2016 I called for the Scottish Government to review the Crofting Commission’s actions in connection with ‘The Common Clearances‘ due to an alleged abuse of power within Great Glen House.

The Scottish Crofting Federation and others have backed that call. Yesterday the Scottish Crofting Federation reiterated that call on the back of apparent historical revisionism on the part of the Crofting Commission. Statements by the Convener of the Crofting Commission, Colin Kennedy, previously published on their website have been deleted and a different version of events presented by their Chief Executive, Catriona Maclean.

The uncovering of this underhand behaviour on the part of the Crofting Commission has resulted in mounting pressure for  the Scottish Government to now actually do something about it.

Uisdean Robertson, Councillor and Chair of the Joint Crofting Committee of Comhairle nan Eilean Siar (Western Isles Council), has been quoted as saying on Radio nan Gàidheal that the Council have no confidence in the members of the Crofting Commission and their Chief Executive. He has said that Crofting Commissioners and the Chief Executive all need to think about their positions in light of what has gone on.

Brian Wilson, writing in The Scotsman, has said:-

The immediate question is whether the Scottish Government is prepared to back their quango’s interpretation of the law and its heavy-handed approach to enforcement.

In the short term, a rapid inquiry into why the Crofting Commission has got itself into this mess and how it can be helped out of it may seem a relatively attractive option.

It has been asked on Twitter who would carry out such an inquiry. It must be someone with investigative experience (with a team at their disposal to assist them) and who is truly independent with no association whatsoever with Commissioners, the Convener or the Chief Executive.

Also, in my view, the Scottish Government should directly involve the Scottish Land Court by submitting a reference to them under section 53 of the Crofters (Scotland) Act 1993 to answer the questions in law that the Crofting Commission have been evading. Catriona Maclean, the Chief Executive of the Crofting Commission, has stated:-

The Commission is confident they are applying the law correctly but the only place this can be clarified is in the Scottish Land Court.

However, the Crofting Commission have yet to set out any legal argument with reference to statute or case law to show that they are applying the law correctly. I am strongly of the view that they are not. My detailed legal reasoning to them on this has gone unchallenged other than for them to say that once they make a decision that is final and cannot be changed by them!

If the Crofting Commission are so confident that they are applying the law correctly they should have nothing to fear by making a reference to the Scottish Land Court to confirm that. As they clearly do not wish to actually be found out to be in the wrong (the same is true of the decrofting debacle that resulted in unnecessary ‘remedial’ legislation at huge expense to the taxpayer when a Section 53 reference could easily have resolved the issue) the Scottish Government should advance that reference or insist that the Crofting Commission do so.

The truth is out there and it is in the Scottish Government’s hands to find it.

Brian Inkster

Image Credit: The X-Files © Ten Thirteen Productions, 20th Television, 20th Century Fox Television

No let up on the Common Clearances crisis whilst on holiday!

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No let up in the Common Clearances whilst in Morocco

Could I really escape the presence of the Crofting Commission in Morocco?

I have been in Morocco on holiday for the past couple of weeks. The run up to getting away and being away has meant a lull in reporting by me on The Common Clearances.

The last time I was in Morocco coincided exactly with the Scottish Government’s one week consultation period on the Crofting (Amendment) (Scotland) Bill. A bill that arose from the Decrofting Debacle unnecessarily and unjustifiably created by the Crofting Commission. Notice a theme?

I spent that week writing detailed submissions and drafting a better (in my view) bill for the Scottish Government and submitting it to them from Marrakech. A civil servant was to later tell me that my intervention was unhelpful. No doubt the same view is taken in the corridors of Saughton House and Great Glen House over my comments on The Common Clearances.

But it has been said that we provide a clear and understandable source of information at the Crofting Law Blog, something that you cannot get from the Crofting Commission (see ‘A Happy Crofter‘).

I decided, this holiday in Morocco, to actually have a holiday. Now I am back a quick look at the internet tells me there has been no let up in the Common Clearances crisis. As far as I can glean, so far, since I last blogged:-

  • The Crofting Commission held a meeting in Lewis with shareholders of the Mangersta Common Grazings which was chaired by Commissioner William Swann but “marred by a menacing presence” in that the Convener of the Crofting Commission, Colin Kennedy, turned up unexpectedly to observe proceedings despite having declared a conflict of interest.
  • Members of the ousted Upper Coll Grazings Committee applied for an interim interdict against the appointment of the Grazings Constable at Inverness Sheriff Court and that was refused.
  • John Finnie MSP has asked questions about the situation in the Scottish Parliament which have been answered in a fairly neutral manner by Cabinet Minister Fergus Ewing MSP.
  • Further parliamentary questions have been asked by John Finnie MSP and Rhoda Grant MSP about the issue with answers anticipated to be given by Fergus Ewing MSP on 23 June 2016.
  • Patrick Krause, Chief Executive of the Scottish Crofting federation, has written about ‘The Spirit of the Law – The inexplicable case of a public body confusing legal dogma with good sense’.
  • It was reported on Radio nan Gàidheal that another grazings committee has been put out of office by the Crofting Commission, this time on the Scottish mainland.
  • It was also reported by Radio nan Gàidheal that a grazings committee in South Uist has put themselves out of office to avoid any difficulties that may be encountered with being regulated by the Crofting Commission.
  • Commissioner William Swann has resigned from the Crofting Commission.
  • Propaganda about ‘the role of grazings committees in representing shareholders’ has been published by the Crofting Commission.
  • The former and ousted Convener of the Crofting Commission, Susan Walker, has written in the West Highland Free Press about the situation.
  • The Upper Coll Grazing Constable (illegally appointed in my view) has issued a letter to the press.

I will try to catch up on all of these developments on this blog in some detail, and share my thoughts on each, over the coming weeks. Do let me know if I have missed anything.

I also have to tell you on this blog about Inksters’ new and enhanced crofting law team (you may have read about that elsewhere before now).

So keep an eye on the Crofting Law Blog over the next few weeks for, as the ‘Happy Crofter‘ put it, an “invaluable source of information that [is] virtually impossible to find anywhere else”.

Brian Inkster

Update – 13 June 2016: The Crofting Law A-Team

Update – 14 June 2016: ‘A Menacing Presence’

Update – 15 June 2016: Common Grazings and the Spirit of the Law

Update – 16 June 2016: Crofting Commissioner Resigns over situation the Scottish Government and Crofting Commission need to sort out