UPPER COLL'S controversial grazings 'constable' should either stand down or be removed from his post as his imposition by the Crofting Commission is neither legal nor supported by the majority of the crofters he is meant to be working on behalf of, the Scottish Crofting Federation said this week.

Writing to Rural Economy Cabinet Secretary Fergus Ewing, the SCF expressed deep concern that crofters’ "democratic rights" were being flouted every day that the constable's appointment was allowed to stand.

SCF chair Fiona Mandeville said: “The majority of shareholders of the Upper Coll grazings have voted, yet this constable, whose legality of appointment is refuted by lawyers, is completely ignoring them.

“The shareholders have demanded that the constable, Colin Souter, who was appointed by the commission, stands down so that they can reinstate a democratically elected grazings committee. Why is he still there?

“Democracy is the very foundation of grazings committees," stressed Ms Mandeville. "A lack of democratic procedure by the removed Upper Coll committee is something that the constable has been trying, unsuccessfully, to find evidence of.

"The shareholders have the legal right to elect their own committee and Mr Souter is standing in their way. He must stand aside or be removed.

“Judging by the press releases Mr Souter issues, he has clearly misunderstood the role of a grazings clerk, or that of an appointed constable fulfilling the duties of clerk – were his appointment legal," she said. "He seems to be either completely out of control, or under the control of the Crofting Commission, an organisation that has lost all credibility.

“In addition Mr Souter and his masters are attempting to undermine the viability of crofters' collaborative enterprises by questioning their entitlement to SRDP and registration for VAT. Are they trying to bring to an end 130 years of crofting? The only recourse is for the Scottish Government to take control of the situation and to remove him."

Asked to respond to the SCF call, a Crofting Commission spokesperson said: “The grazings constable will be providing a report to commissioners at the board meeting next week, who will consider the matter.”

A Scottish Government spokesman said: “We will look carefully at the concerns of SCF once the letter is received. The Scottish Government is committed to working constructively with the commission to ensure it delivers an effective service for crofting, especially on issues of significant concern to stakeholders.”

Ms Mandeville added: “This incredible situation is extremely harmful, not only to the crofting community of Upper Coll, but to crofting itself. We can understand that the Scottish Government is reluctant to interfere with a democratically elected commission, but this constable is not democratically elected, claims to be independent of the Crofting Commission who appointed him, and is flouting democracy.

“There is nothing to stop the Scottish Government from doing the right thing, and it must do it now.”