Scottish Crofting Federation THE CROFTER rooted in our communities The journal of the Scottish Crofting Federation, the only member-led organisation dedicated to the promotion of crofting and the largest association of small-scale food producers in the UK

AUGUST 2016 Number 109 Implications for crofting on exit from Europe HE LOSS of faith in our Crofting EU divorce. Red-tape is perceived (not always government policies. Commission has been occupying many justifiably) as coming from Brussels. It hasn’t For crofting, my worry is that many of the croft- Tcrofters’ minds and hearts for several helped that the UK and Scottish governments friendly policies we enjoy originated in Brussels. months now, and we cover it in this edition. have used the “it’s Brussels” excuse to pass For example, remember that the proposals that But, of course, the result of the European off legislation of UK or Scottish origin – or EU were issued by the European Commission at referendum has taken us all by surprise and legislation that has been ‘gold plated’ by our the start of the CAP negotiations for this phase tends to cast a shadow over any other issues. officials. were very strongly oriented towards the small Within days of the vote, the SCF was granted Also, many crofters are close to fishing, a sector producer and environmental protection. These a meeting with the cabinet secretary for rural wanting out of the EU. This is understandable. It were watered down or actively obstructed by economy and connectivity, Fergus Ewing, is said that our fishing policies are the product of an NFU-steered UK Government. Scottish under whose remit crofting now sits. Mr Ewing an uncaring Margaret Thatcher’s negotiations to Government figures show an overall increase in does not have answers to how the impending secure a rebate from the EU. CAP payments to the north and west, but it could divorce will affect crofting, but was able to give A wider UK perception, and subsequent have been so much better. us reassurance that the Scottish Government’s disquiet, seems to be that many of the UK’s Many of the infrastructure and social projects commitment to crofting stands firm. woes, such as the widening inequality in wealth we see in remote areas, such as community As would be expected, reflecting the national and well-being, are due to being in the EU, when projects, causeways and lifeline ferries are EU vote, not all crofters are unhappy about the they can clearly be attributed to our own UK ...Continued on page 3 The crisis of confidence in the Crofting Commission HE GRAZINGS calamity the Scottish Land Court. They have has escalated to a crisis already thrown so much money at Tof no confidence in the this now, what is a bit more? Crofting Commission, which is The Cross Party Group on not to most on-lookers’ surprise. Crofting re-formed this month, The crofting law blog used with the crisis of confidence in the the analogy of the tale of The commission top of the agenda. Emperor’s New Clothes, where Thirty-seven people attended, the Commission is confidently including nine MSPs. Curiously, stumbling on with complete lack of the convener of the Commission self-awareness whilst on-lookers did not attend to face the inevitable gape in disbelief. All, that is, save questions. The commissioner NFUS which has publically stated from the Western Isles was left to support of the actions taken squirm in his place, but was adept by the Commission. Political at evasion and got out unscathed. It manoeuvrings, at the expense of meant we learnt little. crofting, perhaps? What must their SCF has sent a letter to the membership think of this? cabinet secretary outlining what A recent letter to the press is required in a procedural review from an eminent lawyer, Donald of the way in which the Crofting Rennie, honorary president of Commission has dealt with the three the European Council for Rural common grazings it has removed. Law, states emphatically that the Such a review can avoid the same imposition of grazings constables thing occurring again. by the Crofting Commission upon The Commission has backed off shareholders whose committee has from Mangersta common grazings, been removed by the Commission with apologies. It is widely felt that if © Elsie Mitchell is clearly illegal. He points out that Mangersta had not stood up to the It shows that the campaigning protect common grazings – and the Commission is wasting yet Commission they would have been we have all been doing is having therefore crofting. more public money taking this to bulldozed. an effect, so we must keep at it to

INSIDE • Common grazings and the law • New crofts • New SCF training THIS • Better out • Crofting Connections programme ISSUE • Commission elections • Practical crofting advice and much more… 2 THE CROFTER, AUGUST 2016

Message from the chair... Fiona Mandeville funding for their incomes. which are specifically designed to I very much welcome the enhance crofting. SCF’s support for the Be assured that the only Scottish Government's organisation run by crofters, for stance and look forward crofters, will be fighting your corner to working with you and in this wide-open new arena. other stakeholders to But back to the Commission. ensure that Scotland's Its decision to sack three grazings best interests, including committees has astounded all those of crofters, are with an interest in crofting. A body represented." with the remit of serving crofting Mr Ewing speculated communities is instead threatening that the CAP might them and imposing draconian continue for UK until 2020. rules of financial management and Whether this happens or practice which will put an end to not (and no-one can say the positive development of and for sure at this stage) we investment in these communities. need to work with policy- It appears that the Commission makers to evolve new has been very devious in quietly home-based support changing the guidance on its website systems, tailored to a to fit its recent actions. Where are Scottish perspective and these instructions coming from? our geo-physical and Where is the integrity? climatic challenges, to Comments and questions from replace the best of what MSPs at the cross-party group HAT A turbulent few SCF is committed to making we got from Europe. meeting left us in no doubt that the months it has been! the best of the situation we find We need to have control of Scottish Government shares the W We endured the ourselves in and working with the our agricultural support system in wide concerns expressed about delays in payments due to the Scottish Government to evolve new Scotland, where our ministers and these issues. In response to an government’s problematic new IT policies and support schemes which civil servants must understand the invitation by Mr Ewing, SCF has system, now thankfully resolved. will support crofting in the years topography and weather which submitted a list of key points to Then the inexplicable and ahead. makes crofting such a challenging be addressed in a review of the worrying sacking of grazings There will be no quick and enterprise. Those constraints result workings of the Commission. committees by the Crofting easy fixes and there will be many in sheepmeat and beef which is Commission. adjustments to make. Will we unrivalled in quality and flavour, but Elections for new commissioners And now the momentous decision regain the respect of our European we need production support and will be coming up soon. It is very to leave the EU. As we went to press neighbours? Can we expect open markets. important that a good number of we received the letter below from a Westminster government to And who should understand crofters stand for election, and we Fergus Ewing, cabinet secretary replicate the £4 billion CAP support better than Scottish decision-makers encourage you to consider doing with remit for crofting, setting out the that comes from Europe? the value of crofting in preserving this. It is an opportunity to shape the actions the Scottish Government is We recently met with Fergus our rural communities and the direction of the commission and is a taking. Ewing, who said: "Crofting is vital importance of consolidating these very worthwhile contribution that you Members have varied views on to communities, the economy and communities through enlightened can make for your fellow crofters. the EU issue and its implications. the environment in Scotland's schemes such as the Croft House Don’t let recent events put you off. We want to hear from you to remote and fragile rural areas, Grant Scheme (to be enhanced with We want more women and more evaluate the spread of concerns and crofters rely – above almost the reintroduction of a loan). younger crofters as commissioners. and aspirations. Please email us. anyone else in Scotland – on EU We need support strategies Let’s see if we can achieve that.

A letter from Cabinet Secretary Fergus Ewing

ECENT EVENTS have profoundly advice and information available to support me and EU funding continues. Whilst it would be affected our relationship with Europe. and the Scottish Government as we navigate remiss of me to offer false assurances about R Although the landscape remains this uncharted territory. what may come in the longer term in terms fluid, as Cabinet Secretary with responsibility Last week, I attended the Agriculture and of EU funding, I can assure you that the First for the key rural policies and programmes Fisheries Council in Luxembourg and met the Minister has committed to working to protect which stand to be impacted as a result of the French, German and Irish ministers and the all of Scotland's interests. The UK Government outcome of the EU referendum, I wanted to EU Agriculture Commissioner, Phil Hogan. has committed to involving Scotland fully in set out our position. During those discussions I stressed that we the negotiations to leave the EU and we are The priority for the Scottish Government is are open for business and that we are doing all pressing for an integral role in both those to explore all options to secure and protect we can to protect Scotland's role in the EU. It is negotiations and the process leading up to Scotland's interests, in line with the way vital that other nations understand Scotland's them. people here voted, and to ensure Scotland’s position, just as it is vital for our communities My door always remains open. Many continuing relationship with Europe. The First that the Scottish Government does all it can stakeholders have been in touch over the last Minister has established a standing council to safeguard the benefits of EU membership. few days and we will continue to share what on Europe to be chaired by Professor Anton With the shock of the initial result now turning we know as quickly as possible. We have Muscatelli, which will provide advice on legal, to concern and uncertainty about the future, difficult negotiations and tough decisions constitutional and financial issues. rural stakeholders want facts and assurance ahead of us. My commitment is to work closely Given the impact of EU law, policy and as quickly as possible. It is important to with you in the coming weeks and months to funding on rural matters in Scotland, I am emphasise that nothing changes immediately. support our rural communities and ensure the considering how to ensure I have the best The UK remains for now a member of the EU best possible result for Scotland. THE CROFTER, AUGUST 2016 3 Implications for crofting on exit from Europe

...Continued from page 1 the majority – fail, SCF will be pressing for a fully- anniversary of the Battle of the Somme, the devolved agricultural policy in the UK, whereby epitome of international discord gone mad. We grant-funded. agricultural policy decisions affecting Scotland have enjoyed a welcome period of relative peace Without a European Commission who will are made in Scotland. across Europe since the start of the project but protect the interests of the remote areas, the For the wider UK and our European neighbours, there are always eyes watching, waiting for signs environment and the smaller producer in the UK, I think the decision to leave was taken by many of weakness. let alone Scotland? Certainly not Westminster. It based on misinformation and false promises, and Thank goodness that, of all the UK nations, says something, perhaps ironically, that the SCF a selfishness that puts us to shame. Remember Scotland demonstrates the strength that we need is the largest association of small-scale food that the European Project was devised primarily to make the best of this. producers in the UK. to keep peace in Europe – the economic benefits If the attempts by the Scottish Government to were almost an added extra. Patrick Krause, SCF chief executive somehow keep Scotland in the EU – the will of Coincidentally, I am writing this on the 100th Learn from past mistakes SCF DIRECTOR Joyce Wilkinson of the last 40 years of EU policies. believes that crofting will benefit When production actually pays from the UK leaving the EU. Here you will see crofts being worked she explains why. again and by the very nature of working a croft we will see far HE OPPORTUNITY to more benefit to the environment. establish a stronger crofting It is neglect and the generation of Tsector has now arisen, one 'lawn-mower crofters' that do the that delivers all the public and most damage to nature. environmental benefits we like to We won’t lose our crofting grants; use to promote crofting, as well as they were around long before the EU sustaining the people who have and we always had a department of struggled with the disheartening agriculture. We will still have it, but bureaucracy of recent years. the lack of constant EU audits will SCF is needed more than ever relax the red tape and enable us to to help design a new domestic farm or croft without hindrance. package of support that actually The country has voted to leave benefits crofting. the EU. Looking at why is pointless This time we should learn by at this stage. Farmers and crofters past mistakes and be aware that in the Highlands and Islands have Scottish government officials usually an opportunity now to create a have the final say in these designs. domestic support package that Where they used to blame a higher fits our own country. The effects of authority in Brussels as an excuse the current CAP deal are not even for dismissing healthy, workable being felt yet, but it left the crofting systems that would have benefited counties a lot worse off, creating a crofting, we can now lobby to make very unlevel playing field with badly our own laws and rules using thought out support. models that don’t have to be skewed Britain still has to maintain climate to fit the EU. We must have a clear change targets under international Joyce Wilkinson idea of what we want and have the treaty, so the bodies looking after ears of the SG officials. our environment and the reasons for they always have, and they do like the certainty that we can now help Our environment and crofting delivering support such as LFA can to see active crofting and livestock to create a domestic package of systems, being of high nature value, be effectively fought for. We were in the fields and hills, not ragwort support that fits crofting, not one should have benefited under CAP; better looked after pre-EU and there and rushes. where we have to fit in to suit but those who did were few and far is no reason to think we won’t be The EU could never deliver any countries that are nothing like us. between. It worked for some, but if now, more so with a country needing productivity support, but crofting the end result is anything to go by it to have solid food security. badly needs it to bring crofts back What do you think? Please email did nothing for crofting. Crofts lying Tourism has never suffered with into activity, with resulting benefits. us your views so that we can help neglected everywhere, common a strong or weak pound. Either way Let’s not concern ourselves with formulate the policies that will grazings hardly used, all as a result they still come to the Highlands, the "what ifs" and concentrate on benefit crofting in the years ahead.

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Patrick Krause attempts to explain the main complied with all the demands of the Commission. dismissal of their committees. Leading crofting issues that have led to a crisis of confidence in The third committee summarily dismissed by law experts are saying that this is not legal. The the Crofting Commission. the Commission has on-going legal issues it is shareholders should have had the chance to fighting, but was also apparently dismissed for non- re-elect committees. There is no facility in law HE CROFTING Commission website disbursement of operational funds. for the Crofting Commission to appoint grazings says "The Crofting Commission But let’s leave the detail and look at the constables when they have dismissed the Tregulates and promotes the interests principles. grazings committee. Furthermore, the grazings of crofting in Scotland to secure the future of The first issue: The law says that money constables themselves are acting illegally, so crofting." due as part value of resumption may be paid could be open to prosecution. Following the summary dismissal of three by the landlord to the clerk of the committee The Commission argues that it is only grazings committees; the foisting of grazings for distribution by the clerk among the crofters carrying out its interpretation of the law; but constables upon the dismembered grazings; concerned. The law is not prescriptive in saying why now and so destructively? If the Crofting the demolition of crofters’ characters; the when or how the distribution is to take place. The Act is wrong (as much of it has proved to be) it contradiction and confusion; it is no wonder Commission has added in its regulations the word could be put in the crofting law sump for future that crofters and those with crofting interests immediate. rectification and the Commission could quietly are standing agog, asking “What is going on in The Commission also claims that even money resolve the issues, rather than turning this into a the Crofting Commission?” Common grazings awarded as grants for specific purposes, such public, highly-charged stand-off. If it is enforced, are the epitome of communal working, yet this as SRDP schemes, should be distributed to grazings committees cannot comply, so will spectacularly detrimental exercise in public individuals. This is contradictory to the rules set resign (or be dismissed); and the grazings will relations by the Commission threatens the very by funders and, we believe, completely incorrect. leave regulation – unless the Commission then core of crofting communities. I wonder what the For years grazings committees have managed imposes constables on all grazings. motive is? finance in a workable, business-like fashion. The Commission clearly knows a lot more One committee was summarily dismissed for Income generated from anything, such as about regulation than I, and knows what the not presenting fully audited accounts. Previously resumption of land, schemes for development consequences of this will be, but is keeping quiet the Commission had issued official guidance that or through managing agri-environment schemes, about its objective. How this fits with the Crofting audited did not mean fully audited in the legal (and is put in the bank. As in any business, expenditure Commission policy plan, in which it says “The expensive) sense, but could be taken to mean an on maintenance or improvements is deducted Commission regards the shared management independent examination; the Commission was before any profit is disbursed to shareholders. and productive use of the common grazing to be taking a light-touch approach. At the demand by If a grazings committee was expected to essential for the sustainability of crofting. To that the Commission for five years annual accounts, take all income and pay it out as dividends to end it will … work with crofting communities to the committee presented an independent shareholders before deducting expenditure, only promote the establishment of effective grazing examination of its accounts, as is usual for small to then have to recover from all shareholders their committees and will actively support established businesses, charities and social enterprises. They share of the expenditure, it would be a complete committees,” only they can answer. were summarily dismissed for failing the demand. nonsense. The convener, who is implicated in all three A second committee was also summarily The second issue: An independent cases, has been widely quoted as saying the dismissed, in this case for not distributing to examination of accounts for businesses turning Commission is to deliver “the express will of individual shareholders funds held in the bank over less than £500,000 per year is perfectly Parliament”. He would do well to go back and for maintenance and improvement. In this case, acceptable to HMRC, Companies House look at the legislation again to see what the will though the only shareholder asking for his tiny and the charities regulator. So why not for the of Parliament was. The will of Parliament is not share of resumption money was an absentee, we Crofting Commission? Why did they say it was, necessarily the letter of the law, or in this case, are told by the Commission that legally he had then it wasn’t? The subsequent heavy-handed the Crofting Commission interpretation of it, if it is the right to it; so they took his side rather than bombshell of summary dismissal for failure to bringing about the demise of regulated common mediate a settlement. produce fully-audited accounts has naturally grazings. It is hard to understand why this committee was caused fear throughout all regulated grazings SCF is calling for a full procedural review of unexpectedly sacked when it had attempted to pay that they also are in breach for not having fully- how the Crofting Commission dealt with these the absentee, under guidance of the Commission. audited accounts. cases, leading to what can only be termed a The other committee mentioned was also instantly The third issue: All three grazings had complete crisis in confidence in the Crofting sacked even though it had seemed to have constables imposed upon them following the Commission. THE CROFTER, AUGUST 2016 5 Mangersta statement

The crofters of Mangersta made the following statement after the Commission recently announced that it had concluded its harassment of the township:

HE CROFTING Commission has drawn a line under its dispute with Mangersta Tgrazings committee in Lewis and has recognised that they acted “in good faith” at all times. In a remarkable about turn, the Commission has told the Mangersta crofters that they have terminated the appointment of a grazings constable to replace the grazings committee and apologised for the conflicting advice offered by the Commission over a prolonged period. The dispute – which has massive implications for all crofting communities – centred on the Commission’s insistence that all revenue coming into grazings committees, mainly from government grants, should be distributed as personal revenue to individual shareholders. In response, the former members of Mangersta grazing committee stated: “We are pleased and relieved that common sense has finally intervened and that this whole affair has been brought to a conclusion, with recognition by the Commission that we acted with integrity and in good faith at all times. © Elsie Mitchell “Latterly, we made our stand on behalf Mangersta common grazings extend up to the summit of Mealaisbhal, the largest of the hills in the background. of the whole crofting community, since the as personal income and we have no intention “With crofting at a low ebb in many places, it legal interpretation promoted by the Crofting of doing so. is regrettable that so much time and resources Commission would, if implemented, spell the “We continue to believe that there should be have been devoted to this unnecessary dispute. death of crofting on a communal basis. an inquiry into the functioning of the Crofting However, we welcome a line being drawn under it “We have never accepted that the funds Commission. Even more important, it is essential and will work constructively with the Commission obtained by the village for agricultural and that crofting law is clarified on this and other and anyone else where it is in the crofting interest environmental schemes should be distributed matters where ambiguity may exist. to do so”. Common grazings and the law Brian Inkster, Inksters Solicitors, within the township fund to meet the civil and/or criminal matter and open to judicial review in the Court reviews the law cost of township improvements. should be dealt with by the relevant of Session. authorities.” That is indeed the HE LAW on common Financial impropriety case in law, yet the Commission Grazing constables grazings has its origins The Crofting Commission, has contradicted its own guidelines The only ability for the Crofting Tin the Crofters Common on this. Commission to appoint a grazings Grazings Regulation Act 1891 constable falls under section 47(3) and the Crofters Common Removal of grazings of the Crofters (Scotland) Act 1993. Grazings Regulation Act 1908. "I believe... committees from office This is where the crofters who Provisions enacted 125 years The Crofting Commission’s ability share in a common grazing fail ago that have enabled common to remove a grazings committee at any time to appoint a grazings grazings committees to operate the Crofting involves “making such inquiry, if committee. If the Commission without too much bother until the any, as they may deem necessary”. decides to remove a committee from Crofting Commission of today Commission However, they must be “satisfied” office they must appoint, or provide decided to summarily remove three that the members of the grazings for the appointment of, committee committees from office. completely committee “are not properly carrying members to replace them, not a I believe, in so doing, the out the duties imposed upon them”. grazings constable. Crofting Commission completely misinterpreted It is important to note that the misinterpreted the law. Commission cannot make a Guidelines the law." decision so unreasonable that The Commission is currently Grazings funds no reasonable person acting producing revised guidelines for Nothing in law states that monies reasonably could have made it. This shareholders. These, like previous received by a grazings committee is the Wednesbury test (Associated ones issued by them, will not must immediately be paid out to according to their own guidelines, Provincial Picture Houses Ltd v necessarily reflect the actual law shareholders. Likewise, nothing in “will not get involved in any Wednesbury Corporation (1948) involved. Be wary of such guidelines law prevents shareholders insisting matter relating to alleged financial 1 KB 223). If a decision of the and seek independent advice, if on funds due to them being retained impropriety. This is potentially a Commission fails that test it could be need be, thereon. 6 THE CROFTER, AUGUST 2016 Crofting Commission reaffirms commitment to common grazings HERE HAS been a lot of media attention grazings regulations to secure the future of support and guidance to crofters, grazings clerks focused on the Crofting Commission common grazing land for the benefit of all crofters. and grazings committees on the options available Tand common grazings and we would The role of a grazings committee is to run the to them and we are preparing, in consultation like to reassure all grazings committees, grazings on behalf of shareholders through the with crofting stakeholders, best practice guidance. shareholders and crofters that we are planning of maintenance and improvement work For more information visit: committed to safeguarding this valuable asset. in line with the Crofting Acts and their regulations. www.crofting.scotland.gov.uk Grazings committees play a crucial part in We hope that by encouraging clearer regulations the crofting system and in the effective shared and clarifying areas of the legislation, committees To date only the NFUS – the only organisation that management of common grazings across the will feel confident in the management of their has publically said it agrees with the way the Crofting crofting counties. It is therefore important for grazings. Commission has dealt with the common grazings grazings committees to have, and follow, clear The Crofting Commission is on hand to provide issues – has been consulted on the new guidance. © Martin Benson – Leverburgh, South Harris Crofting Commission elections ROFTERS ARE due to go to the polls contact the Crofting Commission in Inverness. in March 2017 to elect six members to The Scottish Government launched a formal Cthe board of the Crofting Commission. consultation on the election process: The organisation is the only public body in • the boundaries for the six constituency Scotland where the majority of board members areas; are elected by the people it regulates, with the • who should be able to vote in the election; other three commissioners appointed by Scottish • who should be able to stand for election; Ministers. • the process of appointing a new The Crofting Commission gained new powers commissioner, should a vacancy arise and a new way of selecting its board in 2012. before the 2022 crofting election; The board is made up of nine commissioners, • the maximum amount and process for six elected by crofters for a term of five years, election expenses. and three appointed. The number of elected commissioners will remain the same for the To see the SCF response to the consultation, March 2017 elections. visit our website or contact HQ. Whilst elected commissioners are voted in by crofters from a particular geographical area, once The Crofting Commission is the regulator of elected commissioners work together alongside crofting. The Commission: appointed commissioners for the good of all • acts to enforce crofters’ duties to be resident crofters – they do not work to further the interests on, and cultivate or make other purposeful of their constituency alone. use of, their crofts; The elections will be administered by Comhairle • takes decisions on regulatory applications nan Eilean Siar. The Scottish Government, the such as decroftings and apportionments; Comhairle and the Crofting Commission are • maintains the register of crofts and carries working together to ensure a free and fair election out the annual crofting census; process and to encourage a high voter turnout. • supports grazings committees by producing SCF is committed to having a majority elected templates for grazings regulations; Crofting Commission and urges members to • promotes the interests of crofting and stand for election or apply to be appointed. If you participates in a number of groups where are interested in being a commissioner please crofting is discussed. THE CROFTER, AUGUST 2016 7 Five Actions for Crofting HE SCOTTISH Crofting Federation will the Croft House Grant Scheme and the SNP are Make crofts available hold the Scottish Government to the promising to re-introduce the Croft House Loan Many people want to come into crofting and TSNP manifesto pledges which respond Scheme for which we campaigned for many crofting needs incomers, especially young folk. to the Five Actions for Crofting issued by years. Finally they have promised to publish a It is recognised that making existing crofts the federation in the run-up to the Scottish national development plan for crofting. available is a long-term project, so new crofts elections. The five actions are: must be created simultaneously. • Target financial incentives The full five actions for crofting are: • Simplify crofting legislation Increase affordable housing • Make crofts available Target financial incentives A considerable step has been taken • Increase affordable croft housing Current and future agricultural support by Scottish Government in reviewing and • Deliver crofting development policies must have a positive impact on crofting upgrading the Croft House Grant Scheme. The SNP manifesto contained pledges to and must move away from shoring-up the out- But we can do more to help crofters access provide public support for the continuation dated and unsustainable large-scale industrial affordable housing in rural and island of crofting and to secure thriving crofting model, to using public money to pay for the communities by reinstating the loan element. communities and modernise crofting law, delivery of public goods. make it more transparent, understandable Deliver crofting development and workable in practice. They will also explore Simplify crofting legislation HIE was directed by ministers to take mechanisms to make more publicly-owned land The Committee of Inquiry on Crofting responsibility for crofting community available to new entrants, introduce a new prioritised the need to make crofting legislation development. This is not the same thing as entrants scheme for crofting and explore the fit for purpose. This is unfinished business crofting development. There must be a body creation of new woodland crofts. which can only be done effectively with a new given ministerial direction and funding to take We have already won a huge improvement to act. responsibility for crofting development. Cross Party Group on Crofting HE CROSS Party Group on Crofting convened for the first time in this Tparliamentary session on 29th June. It was attended by 37 people with an interest in policy that affects crofting, including nine MSPs. This is a record attendance. Office bearers were elected: convenors Rhoda Grant MSP and Michael Russell MSP; secretary, SCF (Patrick Krause). It was agreed at the previous meeting on 10th February that the following items should be carried forward: • The Five Actions for Crofting • New crofts • Rural communications • Croft registration fees for community landlords • Management of predators and pests – geese in particular • Ferry services • Croft house loan • Areas of Natural Constraint As well as the standing items of: • Crofting law and administration; • Crofting development; • CAP and support to crofting.

Minutes of the meetings can be found on the

Scottish Parliament website. © 2010 Scottish Parliamentary Corporate Body

Communities Protection of Birds • Scottish Government Parliament Members of CPGoC: Housing Trust Scotland Rural Payments • Royal Society for the • Animate Consulting • Crofting Register • James Hutton • SAC consulting and Inspections Protection of Birds • Assynt Foundation Stakeholder Forum Institute • Soil Association Directorate • University of • Assist Social Capital • European Forum for • LANTRA Scotland • Scottish Land & Highlands and • Crofting Commission Nature Conservation • National Farmers • Scottish Crofting Estates Islands • Crofting Connections & Pastoralism Union Scotland Federation • Scottish Natural • Woodland Crofts • Care Farming • Forestry Commission • Nourish Scotland • SCF Young Crofters Heritage Partnership Scotland Scotland • National Trust for • Scottish Churches • Scottish Parliament • Woodland Trust • Common Good Food • Highland Council Scotland Rural Group Information Centre Scotland • Crofting Law Group • Highlands & Islands • ODRO • Scottish Government • Scottish Rural • Plus individuals with • Comhairle nan Eilean Enterprise • Registers of Scotland Crofting Stakeholder Network an interest in crofting Siar • Highland Small • Royal Society for the Forum • Scottish Rural crofter 88x130 140217 18/02/2014 15:40 Page 1 8 THE CROFTER, AUGUST 2016 If you trust… …politicians to run your schools, hospitals, and services …the 115 unelected and unaccountable quangos in Scotland to always do what is best for you …big business to always put you before profit Then there is no need for your local newspaper

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CROFTING CONNECTIONS Crofting Connections: looking to the future E APPRECIATE the opportunity in programme of national significance”. education and training (eg Erasmus). every edition to contribute a spotlight The Scottish Government commissioned This makes the work of Crofting Connections Won the wide range of Crofting a review of Curriculum for Excellence by the more significant than ever. We now have to find a Connections activities in schools across the Organisation for Economic Co-operation and way to help our young people to live and work in Highlands and Islands. Development in 2015. The team visited eight some of Scotland’s most peripheral communities, It is usually a simple matter of looking back at schools, two of which were Crofting Connections in a post-EU referendum landscape, and to fulfil recent events we have organised or the latest schools. Their report, published in late 2015, the vision which has informed the work of Crofting reports from schools and taking our pick from states: “Teachers said that children were much Connections since its inception in 2009: many newsworthy items, with lots of photos and more aware than they used to be of why they “Our vision is of growing, prosperous, inclusive quotes from pupils and teachers, to help bring this were learning something. We saw powerful and sustainable crofting communities which enjoy exciting work to life on the pages of The Crofter. interdisciplinary projects on topics like World War the capacity and the power to develop their own This time, it feels different. I and Hebridean crofting. Primary school students strategic plans and to pursue these with vigour Crofting Connections is in its seventh year especially came across as highly engaged with subject to legitimate national interests. Crofters and we are looking at the future of our work, their learning – echoing the survey results on will be flexible and adaptable to change, building post March 2017. An independent evaluation by engagement mentioned earlier.” on their heritage to seize new opportunities, but the University of Glasgow School of Education, The EU has played a huge part in the essentially forward looking.” Mark Shucksmith, published in May 2015, showed a real commitment Highlands and Islands, providing considerable Committee of Inquiry into Crofting from pupils, teachers and key stakeholders to support for the development of not just of crofting – final report 2008. the continuation of Crofting Connections. The but also infrastructure, farming, fishing, economic Pam Rodway evaluation team described it as “an exemplary development, culture, heritage, arts, environment, Crofting Connections project manager

Kenyan Connections: the shamba is the Kenyan equivalent of the croft. Many rural families Kenyan Connections: the Crofting Connections delegation to Kenya in October 2015 was still keep family cows or goats for milk. The milk is usually boiled and drunk in hot sweet really impressed by the school gardens we visited. Here, pupils at the award-winning school tea, or preserved as a kind of yoghurt, made in gourds, sometimes with the addition of ash garden at Michinda Boys' School show us some of their water harvesting techniques. to improve its keeping qualities.

Kenyan Connections: teachers, staff and community members from our partner project Secondary pupils from Highland and the Western Isles on a visit to Redbraes Croft in NECOFA Kenya, visited us in June 2015. Pictured here are two Maasai visitors from near Assynt in October 2014. Lake Baringo, sharing food, stories and songs about droving and pastoralism at a Drovers' camp in the school garden at Inveraray Primary School. 10 THE CROFTER, AUGUST 2016 Crofting tenure and new crofts © Martin Benson – Isle of Lewis

HE RESTORATION of crofting law, left with the 1993 Act, as amended, rather than a the Crofters Commission gave the impression Scottish land reform and the creation of consolidated act, and it doesn’t work properly. It that owner-occupied crofts were outwith crofting Tnew crofts go hand in hand. is helpful to look at these attempts as stages of a law. They are not. The thrust of land reform in Scotland is to see work in progress, which have led to the compilation The 2010 amendments to crofting law have Scottish land used by more people. This can be of amendments needed in the sump. This is a gone some way to address this, though more achieved by taking land from existing owners crucial point in the evolution of the legislation and needs to be done. The right to assign crofts and sharing it out as smaller owned plots. needs to be progressed to radically amended outwith the immediate family probably gave rise Alternatively, a method of distribution that may legislation and the formation of a consolidated to a market in crofts much more than the right to be more encouraging for existing land-owners is act. The current Scottish Government has buy, as it gave the crofter an opportunity to attach for them to create rented holdings. pledged to modernise crofting law and make it a price to a tenancy. When new tenanted crofts (we will call small more transparent, understandable and workable It would be prudent to consider withholding tenanted agricultural holdings crofts for this in practice in the current session. the right to buy and the right to assign from article, whether under crofting tenure or not) New tenanted crofts need lease legislation – leases for new crofts except under specified are created, there is a need to have a tenancy which exists, an appropriate model having been circumstances. This is permitted under existing agreement. Some crofts have been created developed over a period of 130 years. Crofting crofting legislation. and the landlord has opted to create a bespoke law is unique legislation which protects the tenant, Common grazings are a foundation of tenancy agreement instead of using existing the landlord and the land. communal working in crofting communities. crofting legislation, mainly, it seems because Crofting legislation affords crofters protection New crofts would not necessarily have to hold of having to try to understand the guddle that is other sectors, such as tenant farmers, look at shares in a common grazing but if they did, use crofting legislation. Even if reference has been with envy. of the grazings needs to be governed. Crofting made to crofting legislation it is through asking for Crofting legislation protects the landlord’s legislation provides for common grazings. advice, not from looking at the act. Who would? interests and allows the landlord to retain The question has been asked: “If we were ownership of the land. Summary: reasons to use crofting creating crofting legislation today would it look like Crofting legislation lays out clear obligations legislation for new crofts the Crofting (Scotland) Act 1993 (as amended)?” on the tenant that protect the land and put it to Don’t re-invent the wheel. Crofting legislation The answer is clearly no. However, it is widely purposeful use. has many well-tested aspects that provide for the acknowledged that a blank sheet of paper tenant, the landlord and the land. approach to rewriting crofting legislation is not The right to buy has been indicated as the Existing crofting legislation is well on the way the best way to proceed as there is much within culprit for the demise of the crofting system, to being turned into workable, appropriate law. the crofting acts that needs to be retained, whilst through opening up a market in crofts. This is Existing landlords are more likely to create attending to the significant issues and problems not wholly the case. The right to buy offered crofts if they retain the ownership of the land identified by the Crofting Law Group in the crofting protection to tenants against obstructive landlords – crofting legislation was originally designed law sump. by creating owner-occupied crofts (and also specifically for this. There have been several attempts at making allowed purchase of the ground for a house in Crofting legislation provides for common crofting legislation work properly, but we are still order to secure a mortgage). Poor regulation by grazings. THE CROFTER, AUGUST 2016 11 Away with New crofts for Assynt the land

Brendan O'Hanrahan, Assynt Foundation requirement. Tenants must live within 20 miles of director, reports the croft – therefore we are first of all looking for applicants within this radius – covering most of HE ASSYNT Foundation has recently the Assynt, Coigach, Strath Oykel and Ullapool announced that it intends to establish areas. Tnew crofts on several different parts of We hope that some of the crofts may the community-owned estate and has put out also enable croft houses to be built on or OYA BERROW and Lucy Jane, a call seeking expressions of interest in these associated with the tenancies, but this will not be film students from the London new crofts. straightforward – subject as it is to planning and JCollege of Communication, have The intention to create crofts on the 17,000 other constraints. However, we see this as one made a documentary on crofting, ha estate was one of the fundamental original way of trying to tackle the tremendous dearth of following Donald John Macinnes as objectives of the community when the estate affordable housing in our area – as is the case he works his croft in Bunavoneadear, was bought in 2005 with the help of the Scottish over so much of the Highlands. North Harris. Land Fund. However, the need to bring the estate Once crofts have been established, a process “We have been researching crofting onto a firm financial footing has required all of that may take some time, there will be a formal culture and its history,” they explain, the estate’s energies and attention over the last application process for the tenancies. Selection “specifically in North Harris, and ten years and it is only now that it feels able to of tenants will be via a points system, the criteria developing this project for a year. Along properly embark on this long-yearned-for project. for which will be consulted on and made public. the way, we met many crofters on The areas where the foundation intends to If you would like to express preliminary interest the island. We learnt that the crofting set up new crofts are: Tileathdoire/Drumrunie, in becoming a crofter on Assynt Foundation land, population is quickly decreasing, with Ledbeg, Cnocnaneach and near Glencanisp please send us your name, contact details and mutual anxieties within the crofting Lodge. Each of these areas is different in terms a short summary of why you would like a croft community that this vital practical of the kind of land and the range of potential and/or a share in common land. If having a croft knowledge will not be passed down to uses and therefore we may end up with a quite house is important to you, please state this (but the younger generations because many diverse range of croft types and sizes. The latter note what is said above on this topic). of them are leaving the island to find work. two areas have potential for woodland crofts and “It also became obvious to us that we will explore this in consultation with Jamie Please send no more than one side of A4 this way of life on the island is becoming McIntyre and other members of the Woodland by 1 August 2016 to increasingly less economically viable and Crofts Stakeholder Group. [email protected] that the crofters are forced to alter their The crofts will be regulated according to or Gordon Robertson, Assynt Foundation, selling strategies because of the control crofting law. There will be no automatic right to Glencanisp, Lochinver, IV27 4LW; of the buyers at the markets, from both buy or assign. All croft tenancies have a residency 01571 844100. the island and mainland. “The aim of our film is to raise awareness for the culture of crofting, including its deep-rooted history and Well-deserved unstable future. The text titles at the end of the film highlight the decreasing CBE for David subsides that crofters receive, which are funded through the EU. We hope that this AVID CAMERON, first chair of sends a powerful message to viewers, Community Land Scotland, has which in turn could create an active Dbeen awarded a CBE for his work in interest and advocacy for the upkeep of promoting community land ownership. the crofting culture on the island.” Community Land Scotland was established to maintain the momentum of community buyouts You can watch the film on and David, a native of Harris, played a key role https://vimeo.com/169225391, in this process. password: stereo. SCF is delighted to congratulate David on his well-deserved honour. © WHFP 12 THE CROFTER, AUGUST 2016 ALLANS OF GILLOCK LTD GILLOCK MAINS, GILLOCK, WICK, CAITHNESS, KW1 5UR TEL: 01955 661211

YOUR LOCAL BUILDERS & AGRICULTURAL MERCHANTS

Harbro Country Layers Pellets Health and performance Strong egg shells Rich yolk colour Selenium and vitamin E Vitamins and minerals Available from your local Harbro Country Store Stockists of Staneyhill, Lerwick Tel: 01595 693744 Harbour Road, Inverness Tel: 01463 701999 FENCING MATERIALS & GATES Annat, Corpach Tel: 01397 772434 Struan Road, Portree Tel: 01478 612212 SHEEP & CATTLE HANDLING & Kilmory Ind. Est., Lochgilphead Tel: 01546 603804 FEEDING EQUIPMENT Harbro Stockists J & W Tait, Kirkwall Tel: 01856 873003 CAITHNESS ORKNEY SHETLAND INVERNESS Lewis Crofters, Stornoway Tel: 01851 702350 Tel: 01955 661211 Tel: 01856 761594 Tel: 01950 460417 Tel: 01463 713270 Fax: 01955 661244 Fax: 01856 761709 Fax: 01950 460013 Fax: 01463 713393 www.harbrocountrystores.co.uk

SAC Agricultural & Conservation Consultants combine local knowledge with extensive experience and are supported by our team of renowned specialists. We can assist crofters with business advice on a range of topics to improve profitability including:

• Agricultural and rural business advice • Enterprise planning • Comprehensive assistance with IACS, LMO, RP, CHGS and CCAGS (agricultural buildings, hard standings, drainage, grassland improvement, Contact your local handling equipment, fences and access tracks are SAC office: examples of eligible expenditure under CCAGS) • Completion of Assignations, Decrofting and Sublet Balivanich 01870 602336 applications Campbeltown 01586 552502 • GPS croft maps for Crofting Commission or SGRPID Inverness 01463 233266 • Operational Needs Assessment to support planning Kirkwall 01856 872698 applications Lerwick 01595 693520 • Livestock record keeping and pre-inspection checks Oban 01631 563093 • Grassland and crop advice including soil analysis, fertiliser and reseeds Portree 01478 612993 • Livestock feed analysis, rationing and animal health Stornoway 01851 703103 planning Thurso 01847 892602 • Horticultural advice • Agri-environment advice • Forestry scheme implementation and management • Diversification opportunities • Marketing advice • Renewable energy feasibility studies including wood fuel heating systems Leading the way in Agriculture and Rural Research, Education and Consulting

SAC Consulting is a division of SRUC SRUC is a charity registered in Scotland, No. SC003712 155651DMN25.06.13 THE CROFTER, AUGUST 2016 13

TRAINING Skills boost for crofters

E ARE pleased to announce that we and continued support for anyone who joins your business and improve your agricultural have secured funding to run targeted the cohort. This will run five times a year and produce. Clipping, growing, dosing, fencing, Wtraining and networking days for there will be a number of places offered to those walling, tilling, scything – you name it, there is crofters, new entrants or successor crofters. aged 16-25 which have been fully funded by the a wide menu to choose from and with SRDP Following successful application MacRobert Trust. Cost £70 per person/weekend, funding these one-day skills days can be offered earlier in the year to the new SRDP Knowledge concessions for those aged 25 and under. at £40 per person/day. Transfer and Innovation Fund, HIE, The Princes Countryside Fund, SNH and the Woodland Trust, Township training – an option for any local A call for local course directors the project is being managed over three years groups, townships or grazings committees in SCF will welcome applications from anyone and started in early July. Tina Hartley and Lucy the crofting areas. Applicants can choose from a residing within the crofting areas who may be Beattie return as training managers training menu that may include visiting speakers, interested in running courses in their local area. inspirational croft visits or demonstration days. An We are looking for folk who are passionate about What’s on offer? opportunity to network and share best practice crofting and have excellent administrative skills, to Access to crofting toolkit – aimed at new and learn more about management techniques engage with their local community and run practical entrants, aspiring crofters and successor crofters, that can enhance your business. Examples skills days and township training events. You will this two-day training course will be held in different could include bracken management, in-bye need to be self-employed and have access to a areas throughout the Highlands and Islands. permanent pasture management techniques, computer, printer and car. Local course directors Themes will cover animal husbandry, land and animal husbandry, AI for cattle on common will generally run five skills boost days and one environment, grants and subsidies for primary grazing, boundary management etc. Cost £20 township event per annum, subject to demand. production, crofting law, horticulture and all you per person/event. Any interested persons are asked to submit a need to know when starting out in crofting. More covering letter in the first instance to training@ than just a training weekend, there will be learning Skills boost days – focusing on improving crofting.org. resources in a toolkit, a peer discussion forum practical skills and learning new skills to enhance #croftcraic 14 THE CROFTER, AUGUST 2016

ON THE CROFT Grass mixes for Lewis

Grassland expert David Lawson discusses challenging growing conditions HE LEWIS and Harris Grassland Group acidic and have lower fertility. worthwhile practice in our local area. is one of three grassland groups across At a recent meeting, the group discussed the Group member Mid Coll common grazings TScotland established with support from challenges of improving the sward during the applied for funding from the Lewis Endowment the Scottish Government Knowledge Transfer time that the application of sand or lime and Fund, James Hutton Institute, to run a trial and Exchange Programme, supported by the fertiliser was building up soil pH and fertility. facilitated by David Lawson and managed locally Scottish Funding Council (SFC). The challenges of a damp climate were also by new SAC consultant Rob Black. The trial will The Lewis and Harris group has shown great discussed. look at how various grasses and alternative interest in grass seed mixes that will thrive in Clover is an important plant as it fixes nitrogen clovers perform against the standard white clover Lewis. from the atmosphere in the soil and reduces the and perennial ryegrass. The grass mixtures to be Grass seed for sale is typically a mixture of amount of nitrogen fertiliser required. However, it grown are timothy (which likes damp conditions) various breeds with different characteristics. If you is difficult to establish as it needs a high pH, 6.00 and reed canary grass. Reed canary grass was want to know which mix is best for your situation, to 6.2 and good levels of phosphorous in the soil. grown successfully under trial funded by QMS contact your local SAC office. Supported by Both are a challenge in many areas of the north in Skye and may have an important role as a grassland expert David Lawson, they can study west. Clover forms a symbiosis with bacteria to pioneer grass in acidic and low-fertility fields. the component parts and advise what kind of site fix nitrogen. Clover alternative bird’s foot trefoil, which is and management systems are most suited. The SRUC hill and mountain research centre tolerant of lower pH soils, is also being trialled. In general grass needs a pH of 5.8-6.0. This has had good results using an inoculant. To test target is lower in peat soils ~ ( 5.2– 5.5 ) and if these bacteria are a limiting factor, the Lewis Janette Sutherland moderate levels of phosphorous and potassium grassland group will establish clover with and [email protected] in the soil. However, many soils in Lewis are more without the bacteria inoculant to see if it’s a Rob Black [email protected]

Skye and Questions over SNH commitment Lochalsh to sea eagle scheme HE STAKEHOLDER group established enable the scheme to operate as intended. micro-abattoir in Skye and Lochalsh to oversee “Almost all the members of the stakeholder Toperation of the Sea Eagle Management group are volunteers who give up their own time S WE go to press the steering Scheme has questioned Scottish Natural to facilitate the objectives of the scheme, so it is group is putting together a Heritage’s commitment. reasonable to expect a level of commitment from A funding package for this project, As well as reluctance on the part of the agency the government agency. It is also imperative that which is literally shovel-ready, and to organise meetings of the group, minutes and reports of losses of lambs and fieldworkers’ visits will provide a much-needed service reports have not been circulated and applications for to crofts and farms are made available openly for crofters and farmers in the region. funding under the scheme have not been actioned. and promptly.” We know there is a groundswell of SCF’s representative on the group, At the time of writing, we are hearing reports of goodwill behind us and to translate that Galtrigill crofter Donald Murdie, said, “It is very serious lamb losses in North Uist. Crofters who into tangible commitment we need to disappointing that the seven approved applicants have experienced predation of lambs by sea raise funds locally as well as applying to the scheme have not been contacted by SNH eagles are again urged to report these to the to the usual funding streams. A crowd- or issued with a contract. This means that the local SNH office and to copy reports to SCF head funding website will be launched during necessary works could be delayed by a year. office. There is a need for further SCF members the summer and updates will be posted Other applications are pending a meeting of the to join the sea eagle stakeholder group in Skye on Facebook under Skye and Lochalsh stakeholder group, which has been repeatedly and Lochalsh. Micro Abattoir. deferred. We have to question whether SNH has If anyone is willing to do so, please contact allocated sufficient staff time and resources to head office. THE CROFTER, AUGUST 2016 15

ON THE CROFT © Martin Benson – Isle of Lewis Is the 2014-20 Rural Development Programme working for crofters? Gwyn Jones, chief executive of simple terms. Is anyone making such enquiries such claimants. the European Forum on Nature Crofting has a significant social this time round? The 27 parishes are amongst Conservation and Pastoralism, role in many of its heartlands and With crofts it’s a completely the 30 parishes which have the poses the question. its demise is likely to have wider different story – there is nothing to highest absolute numbers of ramifications. identify them and, seemingly, no such claimants; the top 14 on that T’S MORE or less half way in the That’s not to say that only crofting desire to have any such identifier. list are all included. 21 of the 27 life of the Rural Development delivers some or even all of these We have to monitor crofting through are designated by HIE as fragile IProgramme (RDP) and almost things, but if things aren’t working for some sort of estimate. For something areas, out of 61 so designated. It time for a mid-term review, crofting, if taxpayers can’t promote so apparently important, that seems is therefore possible to be relatively whether or not DG Agriculture public policy goals through crofting, strange. Strange also that everyone confident that the crofting sample is demands it of us. it should be a real cause for concern, who cares about crofting seems to meaningful. The RDP’s treatment of crofting not only to civil servants and policy accept it so unquestioningly. Agri-environment data for these and crofting areas is pretty cursory makers. Getting a handle on the area of parishes was shockingly poor, as and few measures are specifically I wrote a couple of reports anything which is purely crofting was the data for common grazings. It targeted at crofters, but the more in the middle of the last RDP is particularly difficult, given the looked even worse when compared general measures can be taken to period, looking at the degree to size of estates and hill farms in to the high level of uptake in certain apply equally to crofting. Crofters are which a significant element of that the same parish. But with uptake, parts of the lowlands. at least one fifth of all active farmers programme – agri-environment we’re on firmer ground. Using The purpose of monitoring and in Scotland, so sheer numbers alone schemes – were being accessed the proportion of direct payment evaluation is not just to find fault, not suggest they should get a significant by common grazings and individual claimants using common grazings even to find weaknesses which can slice of the RDP action. crofters. as a surrogate (and underestimate) be addressed; it should also show Crofters use at least a tenth Finding out the uptake for for the proportion of crofters, we can progress and illustrate success. But of Scotland’s agricultural land, common grazings required the identify a set of parishes which, in are the questions being asked? probably more. That tenth has Scottish Government (whose terms of IACS claimant numbers, It’s not as easy as it should be, disproportionate significance in help was invaluable and much are overwhelmingly crofting. but it can be done. It would be terms of not just biodiversity (my appreciated) to do some digging, but I did this in my report, looking for negligent not to. Wouldn’t it? own interest), but also carbon in the end, all one needs to do is to parishes in which 80% or more of storage, clean water resources, check against a relatively short list direct payment claims were from Gwyn Jones valued landscapes and many other – though the Northern Irish system common grazings users. Twenty [email protected] ecosystem services which are in seems eminently sensible – the seven parishes fulfilled this criterion; www.efncp.org/download/SRDP- practice so-called public goods – code numbers of their commonages the 2956 claimants with grazings crofting-report.pdf ones the market isn’t paying for, in all start with a 9. shares they contain are 67% of all 16 THE CROFTER, AUGUST 2016

ON THE CROFT New Croft woodland project officer for Argyll and Lochaber

PARTNERSHIP aiming to plant 500 suitable for woodland but we know from the hectares of new woodland on crofts crofting census that more than one in ten A has appointed a project officer crofters have already planted trees on their covering Argyll and Lochaber. holdings, and there’s an unfulfilled demand Iona Hyde is available to give free woodland from others who want to do the same. management advice and help with funding “Trees and woodlands bring multiple applications across the area, including the benefits for individual crofters and for villages Inner Hebrides. when the right trees are planted in the right The Croft Woodlands Project is a place – including shelter for livestock, crops, partnership between Point and Sandwick buildings and wildlife; sustainable sources of Trust, Forestry Commission Scotland, the firewood; increased variety in the landscape; Scottish Crofting Federation and Woodland food for wild birds and local amenity.” Trust Scotland. The project is generously Iona worked as a woodland officer for supported by Point and Sandwick Trust, national parks in Scotland and England for Forestry Commission Scotland and Heritage over 20 years before becoming a woodland Lottery Fund. and environmental consultant. She has The new post is part of a network already extensive experience of woodland creation offering advice across the Western Isles, and management and is looking forward to Northern Isles and Highlands. The scheme assisting the crofting community in Argyll has proved extremely popular with crofters. and Lochaber to create new woodland "Our package of free advice and support is and bring under-used woodlands back into designed to overcome the main barriers that management. are holding crofters back from planting trees – finding funds and woodland management Iona can be contacted on 0343 7705460 or at expertise,” said Iona. "Not every croft will be [email protected].

Trees provide important shelter for your livestock, crops and buildings and Trees for a valuable source of woodfuel for you. Free advice and support to help the crofting the crofting community plant trees and manage woodland is now available. community Get in touch with your local croft woodlands advisor and find out how useful trees could be.

0343 770 5847 [email protected] Woodlandtrust.org.uk/plant-trees THE CROFTER, AUGUST 2016 17

ON THE CROFT Local food for local people Project leader Laura Donkers explains Potatoes for Schools The initiative was widely HIS COMMUNITY project promoted in April to encourage run in partnership by Tagsa crofters to grow extra potatoes this TUibhist and Cothrom aims year to supply the prized machair- to create a low carbon future for grown potatoes to the island Uist by encouraging the growth of schools’ catering departments. We more local produce to reduce food wanted to share information on what miles, reduce food waste and supplies are needed and to support raise awareness of their links to the supply of approx 3.8 tonnes of sustainability and climate change. potatoes (based on 100 kg per week It will also provide opportunities per 38 weeks) to schools. for skills development and work A number of crofters responded experience in the horticulture to the call and have committed to sector to deliver health benefits growing potatoes for the five schools and job opportunities. in South Uist, Benbecula and North Recent data gathered through the Uist. Reclaiming the Knowledge survey Crofters will be paid a competitive revealed that over 90% of current price for their potatoes, which will be growing in Uist is carried out by over stored in suitable facilities at East 35 year-olds. The new project will Camp. The project’s horticultural continue to improve the community’s coordinators will manage the carbon literacy by providing training © Claire Nicolson supply to the catering departments support and allotment facilities for throughout the year. Crofters will in a new Poly Crub to be sited on produce at local food businesses young families; life skills provision be encouraged and supported to Berneray, as well as development and the weekly Grimsay market, including cooking, meal planning develop the service as a private or and refurbishment of raised beds as well as supplying the islands' to avoid food waste; and education social enterprise in the future. and a Keder greenhouse at a school catering departments (under about sustainability/seasonality/ residential care home in Daliburgh, the Scottish Government’s Better CO2e reduction. It will continue to Further information is available at South Uist. Eating, Better Learning initiative) by expand growing facilities into North the project’s website Growers and crofters will be developing a pilot project, Potatoes Uist with the provision of allotments www.localfood-uist.co.uk supported to find outlets for their for Schools. Kayak to the rescue for three lucky lambs Fiona Mandeville reports on a happy ending to ebb so that they can cross from their common neighbour Farquar about to set off in his boat, and an exciting event grazings and raid the gardens and unused crofts fellow crofter Lis ready for action in her kayak. on the other side. They don’t mind a paddle, and The high spring tide was flooding strongly HE NORTH wind was blowing strongly if they don’t wait long enough it’s not uncommon up the estuary and the rock was quickly across the bay, bringing white caps and to see the lambs swimming. disappearing. Farquhar and John were rowing Tan early April chill. But this was a critical misjudgement on the furiously and barely stemming the tide through We got home from work to see a ewe and three ewe’s part. Sheltering on the sun-warmed rocks the channel formed by the reefs in the middle lambs trapped on a flat rock in the middle of the out of the wind is not a good idea when the tide of the òb. A group of us stood helplessly on the estuary at the bottom of our croft, with the high is coming in fast. shore, restraining ourselves from jumping in to tide creeping closer to them minute by minute. We rushed down to see if we could launch our swim across, realising that would not help. Lis At this time of year the sheep are always dinghy for a rescue mission, but found the matter was more manoeuvrable in the kayak and got hungry. They watch the tide and wait for it to already in hand with the sheep’s owner John and close just as the sheep jumped off. The three tiny lambs also popped into the cold sea and started swimming for their lives. The wee heads quickly got lower in the water as the lambs became chilled, but one by one Lis scooped them up and secured them inside the kayak. The ewe started swimming across to the far side, but fortunately changed her mind, possibly responding to our encouraging calls in addition to her maternal instinct. Lis handed us the lambs and we wrapped each one in a towel and gave them a good rub dry and held them close to warm them out of the bitter wind. The ewe was hauled ashore and man- handled up the slope to John’s wee car. She and the three lambs squeezed in beside a wet crofter and his even-wetter daughter. With the heater on full the re-united family headed for home. A happy ending this time, and a puzzle for John, as the ewe in question was the mother of twins, with the third lamb being an unexpected Reconstruction of the ewe and lambs stranded with a rising tide addition. 18 THE CROFTER, AUGUST 2016

ON THE CROFT Digging out the bull BULL from Feorlig on Skye had a narrow escape recently. He fell into a A deep drain on the common grazings and became stuck there, not visible at ground level. His owner eventually found him and the local fire service was called in to the rescue. After a good deal of effort and digging, he was released from his two-day ordeal and immediately wandered off to graze. © Martin Benson

scottish smallholder festival WANTED Saturday 24th September 2016 at Lanark Agricultural Centre Book, “Crofting Law” by Derek Flyn and Donald MacCuish, published Full programme of seminars and demonstrations; rural crafts; by Butterworth/ Law Society of Scotland. livestock and poultry shows; garden, craft & food competition. This highly regarded book has been out of print A great opportunity to meet other small landholders. for a number of years. If any reader knows of a copy which is no longer required, contact Schedules and entry forms available from our website: would be appreciated. Cash payment would be arranged. Condition not critical and www.ssgf.uk even a lead might help. Please rifle granda/ Secretary, SS&GF, Dalmore, Station Road, Barry DD7 7RS grandma’s shelves and contact: Finlay [email protected] Matheson, Arinackaig, Strathcarron IV54 8YN, Entries close Friday 2nd September (16th for G,C&F) 01520722 482/ 07775743226.

Scottish Crofting Federation Ian Blackford MP rooted in our communities Member of Parliament for Ross, Skye & Lochaber

Membership benefits Future Surgery dates will be advertised in the local press If you are an SCF member, you get a discount off your croft insurance from NFU Tel: 01349 866397 Mutual Insurance. Get in touch with your Email: [email protected] Twitter: @IBlackfordSNPMP 29 High Street local agent for a quotation. Facebook: facebook.com/IanBlackford.SNP Dingwall www.nfumutual.co.uk Web: http://ianblackford.com IV15 9RU THE CROFTER, AUGUST 2016 19

ON THE CROFT White drench resistance in Nematodirus battus

Adult Nematodirus battus worm populations throughout the UK. research is being conducted The study aims to provide a to investigate the cause of this benchmark of the current scale apparent localisation. of resistance in this species and Given that white drench investigate potential risk factors resistance in Nematodirus battus associated with the development appears to be at low levels in the UK and spread of resistance. The at present, white drenches (1-BZ) output of this research could inform are still recommended for the control future management strategies and of this parasite in young stock. Advice from the Moredun Research treatment failures could have minimise the economic impact of Unidentified resistance could lead Institute a profound impact on mortality resistance. to treatment failures and potential and productivity of young lambs. Analysis of Nematodirus production losses in future years. ENZIMIDAZOLE (white Synchronous hatching occurs populations from approximately Currently the faecal egg count drench; 1-BZ) resistance annually in Nematodirus usually 200 farms across the UK indicated reduction test (FECRT) is the test Bhas recently been identified in the spring, resulting in very that the genes which code for white of choice for assessing drug efficacy in Nematodirus battus populations high levels of challenge from drench resistance are present and can be conducted by collecting in the UK. contaminated pastures. Acute throughout the country. Resistant samples on the day of treatment Nematodirus is a round worm disease occurs when synchronous genes were identified in around a and 10 days later to calculate the that infects young lambs, typically hatching coincides with the grazing quarter of the populations tested. reduction in parasite eggs. 6-8 weeks old. The parasite is of young lambs. Recently, reports Fortunately, the overall frequency Development of a novel DNA- widespread throughout the UK have emerged of clinical cases of appears to be relatively low. based test to identify white drench and causes significant production Nematodirus in autumn, the cause However, the wide distribution resistance genes in Nematodirus losses, particularly in heavily- of which is as yet unknown. of resistant genes, even at low populations is in now in progress. infected animals. Nematodirus is An agriculture and horticulture frequency, indicates that the This test could be useful in the rapid frequently controlled by drenching development board funded potential for the development of assessment of treatment decisions all lambs with benzimidazole in studentship is being undertaken clinical white drench resistance in and the evaluation of the need for spring or early summer. by the Moredun Research Institute Nematodirus is widespread in the alternative treatment strategies. Due to the acute nature of to identify the distribution of white UK. Focal points of high prevalence disease caused by this parasite, drench resistance in Nematodirus were also identified and further www.moredun.org.uk.

Update on Basic Payment Scheme payments

Published 29 June, 2016 Total payments Payments, valued at almost £91 million, have Number of businesses to receive a payment* been initiated to over 5,200 farm businesses Total number of eligible Basic Payment = 16,479 in Scotland. Scheme (BPS) claims = 18,137 All other farmers were offered a nationally- The number of National BPS payments may This is an estimate of the total number of eligible funded loan to the approximate value of their be lower than the total number of National BPS claims. They are still being finalised and first instalment. This was paid automatically BPS offers due to farmers choosing to opt therefore this figure is expected to change over unless the farmer opted-out. out or already having received their first BPS time. All the percentage of payments paid noted payment. within the report are a percentage of this figure. Total full payments Number of businesses to receive full payment Scottish Suckler Beef Support Scheme BPS and greening payments = 13,520 Total number of payments = 7,008 Total amount by value processed for payment Payments, valued at over £29.5 million, have by end of business 28 June, 2016 = £283m National BPS support payments been initiated to just over 7,000 beef producers Total number of payments = 5,234 in Scotland. 20 THE CROFTER, AUGUST 2016

ON THE CROFT Donald’s hortiblog A’ dol ann HAT A difference a year makes. is ground mineral phosphate (GMP) which is a This time a year ago in late June we natural form of the element and has a slow- am pàirt Wwere still awaiting the arrival of summer, release effect, and will need to be applied over and we waited in vain. a number of years until the deficiency is corrected. ED A bha an aimsir math Now, after a glorious May and June on the So more tests will be needed. It’s quite difficult gu leòr am-bliadhna airson west coast, the solstice and the start of the school and expensive to get GMP in the quantities Gbuntàta agus fras tuirneip a holidays have heralded a change to an unsettled needed for a small croft and if anyone needs this chur aig àm a bha iomchaidh, agus Atlantic weather pattern. material I can put them in touch with a supplier. sin na fhaochadh seach mar a bha I hesitate to say so, but the recent rain was cùisean an-uiridh. very much needed. On our sharply-draining soil Pest of the year Tha e glic cuideachd a bhith here in north Skye, watering has become quite Our old friend red spider mite appeared on beachdachadh air innleachdan a bhios problematic. We have been very glad of the the polytunnel strawberries as early as mid-May, a’ leudachadh nan cothroman againn burn running through the croft, even though it encouraged by the hot weather. The timing of nuair nach eil an t-sìde cho math. ‘S e has reduced to a trickle at times. Tap water has this was serious, as the fruits were just setting, so tè dhiubh seo, an tunail plastaig a tha ag been used only on crops to be eaten raw, such we had to order a biological control, a predatory obair san aon dòigh ri taigh-gloinne ach as salads and strawberries. insect called phytoselius that rapidly arrived by a tha nas saoire agus nas luaithe a chur post in a small test tube. These creatures were suas – am “polytunnel”. Ma tha tunail Soils: a cautionary tale released and quickly ate up the very nasty pest mar seo agad, ‘s urrainn dhut tomatoes Following on from my last column, I’m always species. A brief recurrence was dealt with by a chur ‘s a bhuain gu soirbheachail agus telling people to have their soils tested regularly removing affected leaves and thoroughly wetting abaichidh glasraich mòran nas tràithe and I should heed my own advice. When we the plants. Good result. na a-muigh. Cha tèid tunail no dhà an took on this croft eight years ago, we had soil Far worse looks like being the diamondback àite gàradh no croit ach cuiridh e ris na tests done which revealed low phosphorous moth, which has arrived in plague proportions. gabhas dèanamh. and potassium, and pH on the low side too. We This is the most serious pest globally of the Bha sinn fhìn a’ cur suas tunail o chionn thought that we could correct this with our usual cabbage family. The eggs of the small moth hatch ghoirid, agus bha feum againn air daoine manuring practices, mainly applying seaweed. into a leaf-mining larva which emerges as a small eile airson an comhdach plastaig a chur Early in May we had the pleasure of hosting green and hungry caterpillar which then forms a air. Thug sin orm meomhrachadh air cho a Soil Association training event, tutored by that web-covered chrysalis. This pest is resistant to cudromach ‘s a tha e gum bi daoine a’ guru of horticulture at the edge, Audrey Litterick. all but the most drastic chemical controls, which co-obrachadh; rud a bhiodh nàdarra anns At her suggestion we had further soil tests done. we would never use, and the biological control na bailtean croitearachd ach nach eil idir The good news was that our pH had risen to a is in very short supply due to infestation across cho làidir an latha an-diugh. Chan eil mi satisfying 6.5 and potassium levels were high. Europe. ag ràdh nach eil daoine deònach a bhith However, phosphorus remained very low, which So we can only hope that our otherwise strong cuideachadh a chèile. ‘s iad a tha, ach is quite serious for vegetable and soft fruit and healthy brassica crops will outgrow the pest. rudeigin dh’fhaoidte nas foirmeile na sin. production. Fingers crossed. Bidh làithean fainge mar eisimpleir, The normal remedy would be triple gan cumail ann am mòran àiteannan superphosphate (TSP), but we aspire to be [email protected] fhathast, far a bheil dleastanas aig daoine organic and TSP is not permitted. The alternative tionndadh a-mach, ach bha co-obrachadh mar sin na bu chumanta aig aon àm. Tha an làrach-lìn “Tobar an Dualchais” na thùs prìseil airson beul-athris de h-uile seòrsa, gheibhear am-measg eile fiosrachadh air mar a bha bailtean croitearachd ag obair. Lorg mi seo bho Sheonaidh Domhnallach às Caolas Phaibeil an Uibhist a Tuath, a’ bruidhinn air cùisean ron dàrna cogadh mòr: Bhiodh daoine dol am pàirt, gu h-àraidh aig àm buain mhònadh. Bha na sia cruitearan a’ tionndadh a-mach ann am pàirt agus bhiodh iad a’ buain fad latha do gach croitear. Agus….. nam biodh ri fear de na cruitearan bàthach no àth a thogail, bhiodh an uair sin na cruitearan uile a’ cruinneachadh còmhla ris ann am pàirt, airson na sgrathan fheannadh, agus airson an ceann a chur air ‘s nì sam bith eile a bha ri dhèanamh mu thimcheall air. `Tha sinn a’ faicinn chothroman eile a’ nochdadh an-diugh, cothroman air pròiseactan a bhiodh gu buannachd a h-uile duine, agus le taic-airgid bho ChAGS aig 80% airson buidheann, ‘s fhiach e gu mòr croitearan a bhith ag obair “ann am pàirt”.

le Gabhan Mac a’ Phearsain THE CROFTER, AUGUST 2016 21

ON THE CROFT The Well Hung Lamb Co

Scottish Crofting Produce stall at Living Food Fair, Cawdor Robin at the Black Isle Show Lamb cuts Castle

Robin J Calvert describes his that we managed to come to an croft land grows exceptional quality started and it's been neither cheap successful croft business arrangement with a butcher to cut meat. With lambs you get a slow- nor easy, but it has had the effect of all our carcasses, thus obviating grown succulent carcass with a making our croft into a reasonably ROUND 15 years ago, many of the problems associated good texture. Hogget is not easily viable unit. Possibly not the sort back in the good old days of with meat trading. Immediately our obtainable and finds a ready market. of diversification everyone would A the sheep annual premium selling price per head went up from Sales of premium quality mutton, in want, but it's worked for us. scheme, I came back from selling the mart price of £32.00 to around good condition and hung properly, Nowadays we have our well-presented lambs at Dingwall £130.00. Well worth the effort and outstrip our modest supply. Even own cutting rooms and a small mart for the princely sum of £32 a extra work. This was encouraging. in these supermarket-dominated bakehouse so we're in control of the head. Gradually building up equipment days, discerning customers seek entire process on site. Our mutton Lambs cost about £28 to rear – mainly from our own resources out and appreciate meat with crofters' pies have become a firm then on our marginal land. Even – we expanded trading to include authentic provenance. Offer a favourite with many customers – with the subsidy of £18, this didn't specialist food events, local high-quality product and you'll find nearly 400 sold last weekend alone add up and we decided to look at and national shows, hotels and people willing to pay a premium – adding even further value to the alternative ways to add value to restaurants. These days there is price for it. carcass. the flock. potential funding available through But it has to be consistently good. Due to the recent CAP changes Our first efforts were very basic. SRDP, but we had little help to start Our Highland cattle beef is and working with mainly category Having secured essentials such with. much sought after and, working 3 land, we find that our cross- as chillers, business registration, Over the course of time, completely from 'birth to plate', compliance costs now outweigh our insurances etc, and learned some it became obvious that the we don't have to be too choosey subsidy payments. In other words of the bureaucratic pitfalls of trading biggest problem with the croft – about finishing the carcass to we're now subsidising ourselves, so in fresh meat, we set about selling unimprovable species-rich natural conventional standards. Free-range there's never been a more essential cut lambs at farmers’ markets meadow grasses and heather – rare-breed pork sells well as does time to maximise returns from the around the Highlands. was actually our biggest asset. properly-presented venison. croft. We were lucky in the early days It's indisputable that poor-quality We've taken a long road since we www.wellhunglamb.co.uk Water is good; damp is bad ROM THE power of the wind to extract the CED into growth. The design principles space is highly relevant to the amount of growth energy from livestock; to impede growth and the science were clear, and the solution (foetus, milk, wool, meat) of an animal. A dry lying Frates; and to reduce immune competence, straightforward. To increase food production in area will extract less energy from an animal than as outlined in the last issue of The Crofter, we a wet climate, provide a dry bed with protection a wet lying area, and thereby reduce the risk of move on to the impact of moisture. from the wind. an animal being in energy deficit and immune- Last winter gave a clear indication of the impact Young calves lie down for an average of 20 suppressed, or simply slow-growing. of high moisture levels. It was not a particularly hours/day, more for calves that are unwell. Target The Highlands and Islands have two abundant cold winter in terms of ambient temperatures, sources of material to make low-cost lying areas: but the duration of rain and elevated moisture natural or recycled hardcore to make a porous levels meant that plant growth was curtailed as if base and vegetation of low digestibility that can it was a cold winter. In physiological terms, damp be used to make a brash bed. The target is to is cold. Like the impact of the wind, we cannot make an area that is always free-draining in the see the reduced growth rates in sheep and cattle same way that certain natural parts of the hills and caused by excessive moisture, but it is present common grazings are free-draining. The priority all the same. is to provide a relatively dry bed for young stock, In a three-year study of pig production amongst as the payback from a fast-growing, healthy start subsistence farmers in NE Nepal, for his PhD to life is a massive and significant lift to life-long from Aberdeen University, Dr N Shrestra identified Tiree © Martin Benson – performance. and demonstrated in practice that 80,000kgs of lying times for adult cattle are 12-14 hours per day. Protect a dry lying area from the wind and we pig meat was being lost to the climatic energy The lying behaviour of sheep will be similar. The have a double win. demand (CED), and helped develop simple unassailable fact is that our livestock spend more systems to get that food back. The energy that time lying down than standing up, and therefore Jamie McIntyre goes into the pigs as food was diverted from the physical characteristics of the available lying Livestock Management Systems, Aberdeen 22 THE CROFTER, AUGUST 2016 What has crofting ever done for biodiversity? HE TERM biodiversity has on biodiversity is land use appeared in a number of intensification. Crofting, however, Tpublications over the last is low intensity. That is why crofts few years. are often full of wild flowers, can Biodiversity simply means the support nesting lapwings or help diversity of living things. The term protect bumblebees. It should be includes the less high-profile groups no surprise, therefore, that crofting of species such as insects, fungi, areas already contribute a lot of bacteria, lichens and mosses. Scotland’s natural capital. And that Measuring biodiversity is important natural capital is worth cultivating. because, in simple terms, having a The route map also identifies lot of biodiversity implies a healthy which species should be the priority environment. for our help. Removing American Scotland has a biodiversity mink from the Western Isles to help strategy, a policy document birds, developing conservation published by Scottish Government projects for curlew, corncrake, and based upon European and corn bunting and the great yellow global strategies. To ensure that our © Lorne Gill, SNH bumblebee all involve priority biodiversity strategy is achieved, the species associated with crofting Scottish Government has published species rely upon crofting for a all tourism spending) to Scotland’s areas. It should be no surprise that Scotland’s Biodiversity – a route living; and a lot of crofters rely upon economy. Placing a value upon some agri-environment options map to 2020. This sets out targets lots of species to help their living. biodiversity, be it monetary or have been tailored for some of these – essentially milestones, hence the Consider the Scottish tourism intrinsic, is recognition that Scotland species. name – to be reached by 2020. That industry. Scottish Natural Heritage’s has natural capital. It should be no The answer, therefore, to the is the year when the next round of economic impact study Assessing surprise that one of the milestones original question, what has crofting global biodiversity targets is due to the economic impacts of nature- is to increase investment in natural ever done for biodiversity, is a lot. be met. based tourism in Scotland estimated capital. So, what has biodiversity got to that nature-based tourism is worth The route map recognises Iain Macdonald, policy and advice do with crofting? Lots of different £1.4billion (approximately 40% of that one of the key pressures officer, Scottish Natural Heritage Flows to the Future

Advisory officer Gearóid Murphy outlines a completed this you can then proceed with an new scheme application for management or capital items on your ground. AITHNESS AND Sutherland is The basic management option in AECS home to the Flow Country: a for peatland management is the moorland Clandscape dominated by blanket management option. This option offers a bog which is important for the vast amount payment rate of between £1.24 to and £4.84/ of carbon locked up in its peat, the special ha for management of deer numbers and plants and animals found here and the grazing of moorland. To apply for this option blanket bog’s role in regulating good water you must produce a moorland management quality in the rivers which drain from them. and grazing plan and a deer management Flows to the Future is a Peatlands plan. Related options such as bracken Partnership project, supported by the control, away wintering sheep and ditch Heritage Lottery Fund, whose aim is to blocking can be bolted on to this option. restore, conserve and celebrate these bogs. I am employed by this project to offer In my role as advisory officer I can offer advice to land managers in the region about advice on the AECS application process, Johnny MacKay from Halkirk doing restoration work on a bog in sustainable management or restoration of capital item and management option Caithness this valuable habitat. requirements and carry out habitat surveys and peatland condition assessments The main mechanism for incentivising to inform management. I can also help sustainable peatland management in you draw up the application documents Scotland is through the Agri-environment including the farm environment assessment, and Climate Scheme (AECS), a branch moorland management and grazing plan of the Scottish Rural Development and deer management plan; and produce Programme, which offers funding to carry the associated maps with these plans. My out activities including extensive grazing, services are completely free and I am keen deer management, stocking reductions and to work with grazing committees across peatland restoration. the Flow Country. If you would like more To apply for this funding you must first information you can reach me on 07766 500 complete a mandatory document known 364 or at gearóid.murphygearoid.murphy@ as the farm environment assessment. rspb.org.uk. (FEA) which should include information on how the ground is managed, habitats and Full details about AECS can be found at species found there, an assessment of https://www.ruralpayments.org/publicsite/ diffuse pollution risk, and what AECS options futures/topics/all-schemes/agri-environment- Dubh Lochans and bog vegetation below Ben Griam Mor, Sutherland you would like to apply for. Once you have climate-scheme THE CROFTER, AUGUST 2016 23 Croft succession I G Macdonald, area crofting If the Commission refuses commissioner for Skye – if for instance the croft and North West Highlands is too small to divide – the emphasises the importance bequest falls into intestacy. of planning ahead. If the 12-month deadline for notifying the landlord and HE AVERAGE age of Commission is missed, an a crofter is 59 years intestacy arises. T– a stark reminder If intestacy arises the that we should seriously executor has 24 months to consider what is to become notify the landlord and the of our crofts when we are Commission. no longer able to fulfil our If there is no will, or the statutory duties. will does not clearly deal All around us we see crofts with the crofting interests, which were once cultivated get specialist legal advice and common grazings which as soon as possible as once echoed to the noise of the rules of intestacy are happy children learning in a complicated and can, in practical way about plants certain circumstances, result and animals and the natural in loss of the croft tenancy. environment. The 24-month period The commonest plants on during which an executor Skye crofts now are bracken and rushes. to give up (renounce) the tenancy, you would can transfer a croft tenancy in intestacy is There are many reasons for this. The principal not revert to being an owner-occupier crofter, frequently missed as the following must take one is that our young people have had to move but become the landlord of a vacant croft. Your place, which can be very time consuming: away; and any who have retained an interest in tenant could, of course, purchase the croft from • an executor must be found (usually the crofting have found that access to a croft tenancy you for 15 times the annual rent unless, in your closest family member) and confirmed by or the means to purchase a croft is beyond their tenancy agreement, you had entered a clause the sheriff court; reach. If we wish crofting to continue we must preventing this. • the executor must identify those with an accept some responsibility in making crofts If you don’t want to transfer the tenancy now, interest in the croft under the rules of available to genuine potential crofters. the best advice is to arrange for a solicitor with intestate succession; I’m often asked what to do with the croft when knowledge of crofting law to draw up a will and • a professional valuation of the croft must one is no longer able to cultivate and maintain it. make provision for the succession to the tenancy be carried out; You either do something now, or make of the croft. You’ll need to make sure that all • the executor must decide if there is a provision in a will for the transfer of the croft. interests of the croft (such as grazing shares, suitable tenant amongst those entitled I had two crofts so I assigned (transferred) where the croft has been purchased) are clearly to succeed who can afford to buy out the one to my daughter. She’s always been keen on dealt with in the will. It is easy to get caught out other entitled parties; crofting so it made sense to do the transfer now, by an imprecise will – for example “I bequeath • if there is no suitable tenant, the croft while we can still operate together, may be sold on the open market. Estate and she can gradually take on the agents must be instructed, maps drawn heavier work. She will then take up etc. over the second croft when she has All of this takes time. If the croft is not gleaned a little more knowledge from If we wish crofting to continue we transferred within the 24 months, there the ‘old man’. must accept some responsibility in are circumstances where the landlord If you are a tenant you could can bring the croft tenancy to an end – assign your croft to a younger person, making crofts available to genuine and all that the beneficiaries are entitled or you could apply to the Crofting potential crofters. to is compensation for any permanent Commission to sublet the croft to improvements on the croft. someone who will cultivate and The Commission cannot be flexible maintain it for a period up to 10 years. with these timescales and deadlines, as Assigning the croft tenancy is a they are set out in the Crofters (Scotland) permanent transfer – you cannot Act 1993. subsequently change your mind. If you want my croft tenancy to my son” – when you do not So remember: make a will. Where there is a to keep the croft house for yourself you need actually name your son, the name of the croft, or will there is a way. Without a will your family may to decroft and purchase the house and garden you purchased the croft from the landlord several have problems after your death. ground before transferring the croft land. years ago and are no longer classed as a tenant Have a look at the factsheet on the Crofting A sublet is not a permanent transfer and you but an owner-occupier. Commission website for more detailed information will remain the principal tenant of the croft, with If you make a will, after your death there is a or check out my short film on succession planning. the subtenant having the right to use the croft period of 12 months during which the executor or There are also a couple of case studies on for the term of the sublet. Both assigning and the legatee (the person you nominate to get the assignation and subletting on the website that are subletting need the consent of the Crofting croft tenancy) must notify the landlord and the great examples of crofters planning for the future Commission and you’ll find the application forms Commission that s/he accepts the bequest. You and helping younger crofters. for these on their website. have the right to leave a croft tenancy to a natural An owner-occupier could consider a short-term individual – it doesn’t have to be a family member. let of the croft or let the tenancy to a younger It is also possible to leave a croft tenancy to more Editor’s note: If working the croft and keeping it person. A short-term let is similar to a sublet than one individual, but in most circumstances going is getting beyond you, far better to assign and is not a permanent transfer of the croft it is not recommended because the croft must it to a young person now, while you are around land. However, if you let the tenancy this is a be divided so each person gets the bit they to pass on the benefit of your own experience permanent transfer and you would become the are bequeathed. The Commission’s consent and get the satisfaction of seeing the croft come new tenant’s landlord. Even if the tenant decided is required for such a bequest to be effective. to life again. 24 THE CROFTER, AUGUST 2016

MEMBERSHIP MATTERS Upbeat 2016 AGM

Lucy Carmichael (left), Fiona and Patrick SCF company secretary John on to say that SCF has arrived at Following these objectives, we important member services which Bannister reports on this year's this satisfying situation in a variety have pressed the powers that be our members access on a regular AGM, held in Inverness on 10th of ways through our strategic on matters that mean such a lot basis, receiving invaluable help from June. objectives. Every well run business to us. The five actions on crofting our case-work panel. has these, to motivate and drive the are a case in point. Where would Fiona mentioned the new Skills E WERE pleased organisation forward, and SCF is no we be without the new housing Training Project, due to start on 1st to welcome a larger exception. Ours are: grants? Without our crofting grants July. Many of our members have Wthan usual number membership – retention and and without the targeted incentives been impressed by the range and of members to SCF's Annual recruitment – keeping you and me that are such a benefit to us? These suitability of previous courses. General Meeting (AGM) this year. in and getting more to join us; have to be kept under continuous Finally, our colleague Finlay The AGM reports what the representation – that's review, which we do by keeping our Matheson was re-elected as a organisation has been up to over representation of our members and eye on the ball. director, to serve for another three the previous twelve months. It’s crofting in general – getting in and The bane of every crofter’s life, year term. Well done Finlay. the SCF being open, transparent lobbying where others fear to tread; Fiona said, is the complexity of our Time to look forward into next and accountable to its members. development – for example the present crofting law. For SCF this year and beyond. And, hey-ho! Naturally the membership wants skills training project, which is not is unfinished business and we are That's another AGM to bite the dust. to know (ought to know!) how their only popular but essential for the pursuing this particular business The AGM was followed by a useful membership subscriptions have future of crofting; with considerable vigour. update by Lucy Carmichael from been used on their behalf and they funding – raising funds from She added that our members Scottish Government on the croft need to know if our finances are in sources other than membership – continue to be kept up to date with house grant scheme. The Scottish the red or in the black. It’s pleasing making pips squeak, in the nicest The Crofter journal (of which she is Government has listened to our to report that SCF is both in the possible way; the editor), our monthly e-newsletters, input and has made a commitment black and has a reserve fund. leveraging capacity – trying to press releases, the SCF website and to reinstate the loan element. This, Our chair, Fiona Mandeville, persuade folk like you and me to popular social media – Facebook, and the difficulties crofters can face gave a broadly upbeat account give a little more of their time to this Twitter and e-mailings. in obtaining mortgages, is under in her annual report. She went important cause. Guidance and information are review at the moment.

CLASSIFIED ADS Have you tried to get a mortgage Sell your unwanted croft for a house on a croft? equipment (and other stuff) F SO, we would like to hear how you got get a mortgage? on, so that we can provide information If you were successful in obtaining a for just 30p per word. Ito the Scottish Government to help them mortgage, who provided it? gather evidence as they review lending Have you had a mortgage for self-build? Get in touch with options for crofter housing. If so did you need, and get, staged payments? [email protected] What was your experience of dealing with Any other comments you’d like to make? or phone Yvonne on mortgage providers? Please email your answers to 01470 532729. Did you have to decroft the house site to [email protected]. THE CROFTER, AUGUST 2016 25

MEMBERSHIP MATTERS STAY UP TO DATE Would you like to be amongst the first to hear of policy changes, grant developments, SCF news and events, plus other issues vital to crofting?

If so, please let us have your email address, so that we can keep you in touch. A quick email to hq@ crofting.org, saying please

add my email address to the Tiree © Martin Benson – Balephuil, list, is all that is required. Hundreds of SCF members already benefit from this service. Don’t be left out. Croft holidays HE MOST popular reason for a visit holiday accommodation is extremely positive, as to the SCF stand at the weekend of is the feedback we get from members who use Follow us Tthe Royal Highland Show was to get this SCF facility. information on croft holidays, an initiative we If you have croft holiday accommodation and on Twitter promote under the Scottish Crofting Produce wish to use the SCF promotion of this, please @SCFHq mark. contact HQ or visit our website. The feedback from tourists who stayed in croft New faces on the board

Brendan O’Hanrahan, from Kilkenny in My name is Cheryl McIntyre and I am the Hello, I am Iain Keith and some of you may southeast Ireland, is an ecologist and land SCF board member for the young crofters remember me from the last time I was on the management consultant based in Elphin branch. I live and work on the Isle of Skye where board. I’m honoured to have been asked to in northwest Sutherland. He has lived in I look after a working croft with a herd of cows, serve again. My wife and I, both born and bred Scotland since 1988 (with a four-year detour thirteen hens, and a wee dog. In January this crofters, have a croft in Reay outside Thurso. to Germany), mostly in crofting areas in the year I was lucky enough to gain a tenancy of We keep Shetland cattle, AA cattle, Cheviot, Highlands and Western Isles. Since moving to a vacant, bare land croft in the north west of Herdwick and Shetland sheep along with some the Knockan-Elphin area, he has been closely the island. I am looking forward to putting the pigs. I work full time at an engineering firm and involved with community-based projects. croft back into good working use and hopefully I am a union rep, so arguing and debating is Although not a crofter, he is mainly active with helping ensure crofting carries on into a bright, something I enjoy and something I think will be SCF in relation to CAP-related matters and land sustainable future. needed as crofting enters the future which at management issues. best seems uncertain. 26 THE CROFTER, AUGUST 2016 Crofting in Slovenia

The fast lane to the high pastures Intricate traditional hay barn

Small farms on the slopes Sheep on the inbye Typical summer high pasture dwelling - note the wooden roof tiles

It’s always interesting to visit a new country open and made of wood, with beautiful lattice 27% of farmers are women. It was generally and look at equivalents to crofting, writes Fiona gables and ornate carvings. Big-bale silage is the women we saw out in the fields hoeing and Mandeville, who visited Slovenia in June. becoming more predominant. weeding. Former state-owned farms have been Slovenia is heavily forested, with more than SMALL country bordered by Italy, privatised. Under communist rule, private plots three-fifths of the land covered with trees. Timber Austria, Hungary and Croatia, Slovenia were limited to 25 acres and expropriated lands remains crucial to Slovene industry. Below the A is wonderfully green and wooded with were turned over to collective and state farms, Alpine tree line, junipers alternate with high lots of croft-sized holdings. linked to food processing. They were efficient, meadowland traditionally used for summer The spectacular Julian Alps dominate the especially in raising poultry and cattle, but grazing. Lower down is a central belt of conifers, north west, while in the east it’s rolling wooded expensive to operate. birch and beech, mixed with pasture and arable hills and small farms. The landscape was well- Each village had a local co-operative where land and, lower still, deciduous growth including managed everywhere and very attractive. a small farmer could sell even as little as 20-30 karstic heath and maquis, which is good for rough Slovenia became independent in 1991 after kilos each day, but the state sold these off during grazing. the break-up of Yugoslavia. It joined the EU in privatisation, leaving producers to find other ways In addition to forestry, other income on 2004 and adopted the euro in 2007. In 2008 it to sell their produce, which can be a challenge. Slovenian family farms comes from tourism, was the first post-communist country to hold the Although small-scale agriculture is declining, it wood processing, fruit and vegetable processing EU presidency. continues to play an important role in maintaining and wine production. In the Alpine region activity The majority of farms are family owned. communities, just as crofting does. However, the sports such as white-water rafting, para-gliding, Livestock rearing, especially pigs, cattle and main objective of agricultural reform has been canyoning, etc bring welcome tourist income. sheep, is an important agricultural activity. to encourage the development of agricultural Several species have protected status, Crops include wheat, maize, sugar beet, barley, holdings of a viable economic size. including reintroduced (though still rare) ibex, potatoes, apples and pears. Bee-keeping is A 2010 agriculture census recorded 74,646 European brown bear, chamois, wild boar, red, popular and some areas produce excellent agricultural holdings in Slovenia, using 474,432 fallow and roe deer and small game. The lynx wines. Fruit and vegetable-growing areas are hectares of agricultural area. Almost 79% of has reappeared. scattered about the country and almost all agricultural holdings bred 421,553 livestock units Slovenia is a very appealing country to visit, residents have vegetable plots where possible; (LSU). The average holding used 6.4 hectares small enough to drive across in a few hours in the country these are often in a corner of a of agricultural area and bred 5.6 LSU. In 2010, and offering a range of activities and places bigger field. more than 208,000 people were engaged in of interest, from extensive cave systems to Unique to Slovenia are long open hay-drying agricultural activity. Agricultural work is often a castles and interesting old towns and villages. racks with narrow roofs, where hay is hung over secondary activity, again just like crofting. Old traditions are maintained, the people are wooden slats to dry. Bigger old barns are also The average age of family farmers is 57 and welcoming and are proud of their country. THE CROFTER, AUGUST 2016 27

CROFTERS INSURANCE HELPING YOU WEATHER THE ELEMENTS SINCE

Find out more by contacting your local NFU Mutual branch at nfumutual.co.uk

NFU Mutual is The National Farmers Union Mutual Insurance Society Limited (No. 111982). Registered in England. Registered Office: Tiddington Road, Stratford upon Avon, Warwickshire CV37 7BJ. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. A member of the Association of British Insurers. For security and training purposes, telephone calls may be recorded and monitored. 28 THE CROFTER, AUGUST 2016 Royal Highland Show © Robin Haig Maddy (left), Patrick, Fergus Ewing MSP, young crofters Rob and Megan John, Russel, Rhoda Grant MSP and Patrick

Young crofter Maddy Norval reports cows. I also caught a bit of time to receptive to the idea of a self- talk to the crook-making association sustaining pot of loan money in a INCE WE moved to Rogart about turning the horns I collected new CBGLS. Patrick pointed out it we have been taking the from our slaughtered wethers into was in the SNP manifesto to look at Scrofters’ bus, run by Alec some stunning crooks. What skill reintroducing the loan element, and Campbell, down to the Royal they have! Mr Ewing was certainly open to that. Highland Show, arriving at Ingleston Three young crofters met at the Some heavy campaigning will by about 9:30am. SCF stall to introduce ourselves to hopefully secure this, but we need Chatter is always lively on the bus, the new crofting cabinet secretary, all the support we can get. If you are although I had a dark feeling in the Fergus Ewing. We told him about a young crofter and want to make pit of my stomach as I saw the EU our four main points of action – use of the new Croft House Grant referendum results coming in. The access to land, homes, jobs and Scheme please get in touch with uncertainty and inevitable upheaval support. He asked specifically what us – [email protected]. We have a over the next two years left me our campaign for housing was private facebook group where we feeling tired and emotional, but that about and we explained that the discuss all our needs as young could have been the 4am start. CHGS consultation had turned out crofters. The SCF stand with Maria in charge Arriving in good time and before really well for young crofters, with the crowds, the three of us made targeted payments to those who our way to the farm machinery need it most, but a grant of £28-38k and equipment section to let the was only a fraction of an average salesmen do their pitch on us for £140,000 house build. We felt the Produce some cattle-handing stuff. We did loan element was essential to fully Produce Scottish Crofting Federation Highlands and Islands Croft Origin HighlandsToradh and Croitearachd Islands na h-Alba Croft Origin a lap of the sheep stalls to see the support young crofters wishing to Às a’ chroit anns a’ Ghàidhealtachd ‘s na h-Eileanan rooted in our communities winners and then the food court live on their croft. for some free sample nourishment He and his PAs made notes to (Fudge! Chutney! Black pudding! open discussions with commercial

Whisky!), then staggered over to lenders again about crofting loans How to contact us www.strathprint.co.uk watch the judging of some dairy and mortgages, but he was very Postal address and registered office Scottish Crofting Federation Headquarters Kyle of Lochalsh IV40 8AX General enquiries and membership: [email protected] Tel: 01599 530 005 Fax: 01599 530 006 tel: 01471 822 555 ︱ tel: Training: [email protected] The Crofter: [email protected] – Fiona Mandeville, editor Advertising: [email protected] – Yvonne White, Tel: 01470 532 729 SCF legal helpline: 01599 230 300 visit www.crofting.org for full contact details

Company Number SC 218658 Charity Number SC 031919 Although every effort is made to ensure the accuracy of the information printed in this publication, SCF cannot accept liability for errors or omissions. At the show, SCF vice-chair Russell Smith presented former SCU president John The views expressed in this publication are not necessarily those of the SCF. MacKintosh with lifetime membership for his long-standing contribution to the organisation

and to crofting. ︱ Isle of Skye Broadford, Strath Print, by Produced