Tag Archives: Vice Convener of the Crofting Commission

Crofting Farce

Crofting FarceIt is exactly one week since the Convener of the Crofting Commission, Colin Kennedy, walked out on a Board meeting at Brora Golf Club. The remaining Commissioners who convened a Special Meeting in his absence called on his resignation.

The Scottish Crofting Federation have expressed bewilderment that Mr Kennedy is still in place despite it being clear that he now stands alone. They have referred to his position as a farce that is getting in the way of important business.

Russell Smith, Vice-chair of the Scottish Crofting Federation said:-

The Crofting Commission board meeting last week was certainly an eye-opener. It quickly became apparent that the Convener had lost the support of his board and it came as no surprise that he left the meeting with his tail between his legs. What is astounding though is that he still has not resigned. What does it take for him to get the message?

At the Board meeting of the Crofting Commission, held in Brora last week, observers were treated to a bizarre display involving the Convener, Colin Kennedy, attempting to force his will on the rest of the board and officials. Failing in this he closed the meeting without any business being conducted and left. The meeting was re-convened with vice-convener Iain George MacDonald in the chair and normal business was resumed. Mr MacDonald issued a full and open apology for the recent debacle involving the Commission’s handling of common grazing committees.

The apology is very welcome and shows the other Commissioners do have integrity. However, the apology should have come from Mr Kennedy, along with his resignation speech, both because he is the spokesman for the Commissioners and because he has been the chief antagonist in the whole affair. Mr Kennedy has been very destructive for crofting and for the Commission, and it is time to put an end to this sorry episode.

There is much to be done in crofting development and in rural issues, especially with the uncertainty over the effect of the European referendum. Mr Kennedy is standing alone now, his position is a farce and he is getting in the way of important business. It is time for the Commission, as a body, to have him removed.

Image Credit: Farce of Nature © Aleks Ortynski

Who are we supposed to believe?

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.
  • 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.
  • 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

‘Allo ‘allo ‘allo… what’s all this then?

'Allo 'allo 'allo... what's all this then?

‘Allo ‘allo ‘allo… what’s all this then?

Just when you thought events at Great Glen House couldn’t get more farcical than highlighted in my last blog post, I am afraid to say they can.

It turns out that following the Crofting Commission’s decision to appoint a Grazings Constable with the sole function of paying monies considered to be due to a shareholder they appointed into that illegal position one of the committee members that they had just removed from office!

The decision to do so was made by the Convener, Vice-Convener and Chief Executive of the Crofting Commission.

Section 47(8) of the Crofters (Scotland) Act 1993 reads:-

If the Commission are satisfied, after making such inquiry, if any, as they may deem necessary, that any or all of the members of a grazings committee (however appointed under this section) are not properly carrying out the duties imposed on them (or that the grazings clerk is not properly carrying out the duties imposed on him) under this Act, the Commission may remove from office any or all such members or such clerk and may appoint or provide for the appointment of other persons (whether crofters or not) in their or his place.

Having removed from office the entire committee the Crofting Commission could then “appoint or provide for the appointment of other persons (whether crofters or not) in their or his place“.

Other persons” does not mean one of the same persons!

You couldn’t make it up.

Brian Inkster

Image Credit: Monty Python’s Flying Circus © BBC