Democracy ignored in crofting issue

Comhairle nan Eilean Siar SNP Group have reacted angrily at the council leader’s latest contribution in the ongoing debate regarding crofting and care charges.

Council leader Roddie Mackay is putting forward a motion to reverse a policy decision made by full council to suspend and consideration of Croft tenancies as assets when paying for the costs of care. 

Cllr Callum Macmillan, who originally requested a special meeting of the Comhairle to debate and set the policy, stated :

“The council leader has completely ignored the wish of the council. By not addressing the six points that were to form the framework of a debate and subsequent policy setting, the council leader is in breach of a council decision by simply asking for the decision to be overturned on the back of legal opinion.”

“Our group demand to see this report withdrawn and that the council decision on the 3rd March respected. We urge councillors to support us on this otherwise it will make a mockery of decision-making in the Western Isles. Our communities deserve better.”

Group leader , Cllr Gordon Murray stated: “ I commend Cllr Macmillan on his stance in this issue and thank all the councillors who voted alongside him on the 3rd March in quite a momentous decision. I think it’s scandalous that this is now being disrespected in this way and I believe this really damages the integrity of the council and it’s decision-making.”

The six points to be reviewed and discussed:

1) Comhairle policy with regard to croft tenancies as statutory conditions regulated private heritable tenancy agreements between individuals and their landlord, and,

2) Comhairle policy with regard to the permanent improvements to land belonging to the landlord on land covered by the statutory servitude of crofting tenure whereby the permanent improvements belong to the landlord but are in heritable tenancy to the tenant, and,

3) Comhairle policy to crofter intestacy, bequest of croft, the confirmation of the Comhairle as executor whilst seeking to be the principal beneficiary, and regard given to or disregard to Court Ruling in matters of guardianship and power of attorney, and,

4) Comhairle policy whereby the statutory provisions of the Crofter (Scotland) Act 1993 as amended by the Crofting Reform etc Act 2007, the Crofting Reform (Scotland) Act 2010 and the Crofting (Amendment) (Scotland) Act 2013 are used for the current practice of selling permanent improvements to croft land and taking monies for assignation of crofts, and,

5) the number of permanent improvements that have been affected by this Comhairle per year since commencement of the current policy, and the amount of money ingathered by the Comhairle per year since the commencement of this current policy.

6) the number of cases currently operational concerning the Comhairle recovering monies from assignation of tenancies, selling off permanent improvements belonging to third parties, and, the cases where the Comhairle seeks to be appointed executor of legacies in cases of intestate estate of deceased crofters with a view to being beneficiary, and, the number of cases where the Comhairle is the Care Guardian and Financial Guardian.