SIR, – The Crofting Commission in my time of involvement has not seen such turmoil! I wonder what the people who fought for and indeed laid down their lives for would think. The right to croft/work and have land upon which they could call their own, with a tenancy of such security, that it is not mirrored anywhere!

We have had recriminations and oustings, calls for resignations and calls for the dissolution of the Crofting Commission, also a myriad of ideas, stretching from regional or rural committees to self-regulate, and of course the debacle of the common grazings issues.

The root of the problem, to my mind, started with the Shucksmith Report, and its inevitable failure to give supposed legal credence to the owner/occupier.

The 2010 Act is seen as not fit for purpose, with glaring parts of the Act contrary to common law, so much so that an amendment act had to be proposed and enacted on July 31, 2013, on the subject of the owner/occupier. This imposition required a separate act to help enact the first act; this is almost a Shakespearean situation (dare I say it a comedy, a dark one at that too). The owner/occupier was, and still is, an intangible entity, and from here spreads all ills. As a fellow crofter from Benbecula wrote: greed is the driving force.

The 2010 passage through Parliament was a bumpy ride – in fact in my mind not fully debated, the reference group failed, within the time frame, before a parliament recession, to complete all its discussions, and the outcome was, to put it bluntly, horse traded by all, through legislative discussion before the end of a parliamentary session. Amendments to the bill were submitted by those described below. Where were all the people who are now complaining about the resulting legislation; why when given a chance did they not speak up, they are making plenty noise now!

There were 12 government amendments; eight amendments from Susan Walker; eight amendments from William Neilson; eight amendments from Jackie McCreery (SRPBA); one amendment from Alasdair Allan (MSP).

Sitting at the table were the various bodies, Crofters Federation, Crofters Commission, NFUS, Registers of Scotland, HIE, Crofting Law group, Scottish Government officials, SRPBA, four crofters (representing four of the crofting areas) and chaired by Roseanna Cunningham (Minister for Environment)

Supposedly, from the Shucksmith Report we wished to have the following outcomes: An overview of crofting and specific reports on the land and environment, rural economies, affordable housing, governance, young people and new entrants; and of course the poisoned chalice of regulation and enforcement of such.

I would safely say that none of these objectives have been performed or enacted.

The subjects of land and environment, regulation etc, etc, seem to have been forgotten. In fact, the Crofters Commission was wrenched apart; croft grants, house grants and such; finance was removed from the commission and given to the department of agriculture (SGRPID).

Development, new entrants etc, was given to HIE, leaving the Crofters Commission with the regulation and enforcement.

In my mind, the Crofting Commission needs to function as an entire unit, with the resources given to it to get the required positive outcomes; it cannot do its tasks divided into three parts.

It also cannot do its tasks without positive leadership and resources; the ship at the moment is rudderless and without guidance. In fact, the most damaging situation is the loss of a person who could have led the commission out of the darkness, was the moving on by the government of the chief executive of the Crofting Commission, Catriona MacLean; her talents obviously noticed by Scottish Government, her loss to crofting is huge!

The debacle of the common grazing, the governance is quite clearly set out in law, both sides of the argument are guilty of picking and choosing the parts that they want to use or believe.

I have done a fairly deep research into the governance of common grazings issues before and during all the issues on the Island of Lewis. My research was for a Land Court case in which I was called as a witness, and details of governance can be found, along with the template used for the regulation of common grazings, based on the 1955 Act. The acts were set with the 1955 Act, (repealed) 1976 amendment Act

Mostly based on the 1993 Act as amended by the Crofting Reform Act 2007, the 2010 Crofting Reform Act (Scotland) or the Crofting (Amendment) (Scotland) 2013 Act bring no real or significant change to the management of the common grazings.

The question of releasing monies accrued within the grazing fund, is a finite point in law, governed by the type and source of activity and of course what resource is being used.

The furore concerning the called for resignation of the present convenor, is perhaps best summed up with: Live by the sword, die by the sword.

Also, may I remind the other commissioners: Et tu Brute, don't think your are entirely blameless. I am sure they aware of all the steps being taken, if not, then why not?

There is good work going on, led by a committee on crofting, in Holyrood. The Cross Party Group on Crofting (CPGoC), led by conveners Rhoda Grant MSP and Michael Russell MSP. I would suggest that attention should be paid to discussions that emit from this source and possibly constructive results will come for the good of crofting.

If, as some people wish, a dissolution of the Crofting Commission happens and we have no Crofting Commission, it seems to me what will happen will be no crofting, no crofts, no croft tenancies, no right to heritance. If you don't think so, look at agriculture and agricultural tenancies; annual, five year, 10 year at the best 15 year leases, with no right to continue, no right to build a home, no right to assign, basically no rights. Are crofters ready to enter this world. The rights of crofting have been enshrined in legislation since 1886, which starts with the opening line: A crofter shall not be removed except for breach of statutory conditions.

Ask your farming friends if they have such considerations.

Yes, be very careful of what you wish for!

Billy Neilson

2 Bonawe Croft

Taynuilt