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The grazings committee of a second Lewis crofting village has been dismissed by the Crofting Commission -  for allegedly failing to make payments to a long-term absentee tenant who tried to claim a personal share of public grants secured by the village over a 15 year period.

 

The former committee accused the Crofting Commission of "overbearing and inconsistent behaviour" and could "bankrupt" every grazings committee in Scotland.

 

They said: “Our dealings with the Crofting Commission have given rise to serious doubts about what purpose this organisation is supposed to serve.

 

 

 

Second mass sacking amid fears Crofting Commission could "bankrupt" every grazings committee

28 April 2016  

"At no point has it shown any interest in defending the crofting interest and instead has inflicted untold damage on the morale of a well-run, active crofting village through its erratic, overbearing and contradictory behaviour.”

 

According to the sacked committee, the commission ordered a share of public money for village improvements and participation in agri-environmental schemes to be shared out amongst individual crofters.

 

The row started when an long term absentee crofter living on the mainland pursued claims worth thousands of pounds against the grazings committee.

 

A statement from the dissolved committee said: "In 2012, the Crofters Commission investigated the absentee tenant’s claims and allegations, finding that the only payment due to him was £65.38, being a share of resumption income.  A cheque for this amount was sent to the individual concerned in December 2012 but was returned by him."

 

Following a further barrage of correspondence and Freedom of Information requests, the Crofting Commission convened a meeting of Mangersta shareholders for March 2014.  

 

Those present claim this meeting was dominated by Mr Colin Kennedy, then vice-convener of the commission – and now convener - "with little opportunity for other voices to be heard."

 

"At the conclusion of this meeting, Mr Kennedy said the village must make payments to the complainant from resumptions (plus interest), a forestry scheme and Scottish Rural Development Programme grants.   

 

Despite "severe doubts" about the propriety of this action and its general implications for crofting, the grazings committee acquiesced.  

 

At that point, the former committee say they were told the matter would conclude if the absentee tenant again sent back the cheque.

 

The cheque was duly sent after "close consultation" with the Crofting Commission about the calculation of sums.

 

The cheque for £1749 was returned uncashed and the commission informed.  A further 20 months elapsed without any further advice or instructions from the commission.  

 

Out of the blue, in November 2015, the commission chief executive, Catriona Maclean, requested confirmation that all the actions from the March 2014 meeting had been taken.  

 

A detailed report providing evidence of the steps they took was supplied.

 

Without further ado, the committee was fired.

 

The only reason offered for this extreme action was that the committee had failed to pay “undisputed resumption monies” to the complainant, say the former committee.

 

The Mangersta statement said: “The only interpretation of this was that we should have sent him two cheques rather than one. The only ‘undisputed’ money was the £65 plus interest, £120 in total.  

 

"But at no point during the calculation of the £1749 had there been any suggestion from the Crofting Commission that the ‘undisputed resumption monies’ should be paid separately.

 

“To dismiss the grazings committee  for this supposed breach, after 20 months of silence and without warning, was inexplicable behaviour on the part of the Crofting Commission.

 

"However it was made clear in their letter that there was no right of appeal against their decision or the appointment of a Grazings Constable.

 

“Four months later we are still waiting on the grazings constable to conclude his report. An interim report which he submitted, introducing yet another figure for monies supposedly due to the complainant, was withdrawn and even the commission has acknowledged that the continuing delay, during which the grazings committee remains debarred, is unacceptable.

 

“As things stand, and on the basis of exactly the same evidence, this village has been told by the Crofters/Crofting Commission to pay three widely varying amounts of money to a former shareholder, who was himself in breach of the Crofters (Scotland) Act for his entire tenancy.  We have no idea what the final conclusion will be if and when the constable (who lives in Argyll) gets round to submitting another report.

 

“It is a complete and utter shambles which has created a huge level of worry and outrage in this small community.

 

“We continue to believe that the only report which came to a sensible calculation was the first one, carried out by the Crofters Commission. Any other outcome has massive implications for crofting as whole.

 

"It would bankrupt every grazings committee if individual tenants could make retrospective claims on monies which were secured for communal agricultural purposes.”

 

The statement concluded: “Our dealings with the Crofting Commission have given rise to serious doubts about what purpose this organisation is supposed to serve.

 

"At no point has it shown any interest in defending the crofting interest and instead has inflicted untold damage on the morale of a well-run, active crofting village through its erratic, overbearing and contradictory behaviour.”

 

A Crofting Commission spokesperson said: "As this is a live and on-going case we cannot comment further than to explain that, action in this case resulted from an approach to the Crofting Commission by shareholders in the grazings, asking the commission to investigate issues relating to the functioning of the grazings committee, in terms of Section 47(8) of the Crofting Acts. The commission will investigate when requests of this nature are brought to us by shareholders.

 

"With the increased focus on common grazings, grazings committees and shareholders, the Commission are reminding shareholders in common grazings what their rights are and what the duties of the grazings committee and their grazings clerk are.

 

"Guidance can be found on our website: www.crofting.scotland.gov.uk/common-grazings"