CROFTERS at the centre of a row involving the organisation that oversees the system are to take their case to court.
Eight islanders from Lewis were dismissed from a voluntary group set up by the Crofting Commission to manage common grazings.
However, the members of the Upper Coll Grazings Committee are now to take their case to the Scottish Land Court, claiming that the survival of crofting is at stake.
An application to the court will be made next week challenging the move by the commission, which was set up by an Act of the Scottish Parliament to regulate the crofting system, to remove the members.
The commission said it took the action because of concerns over the committee’s accounts and its alleged failure to distribute money to the crofters who are shareholders in local common grazings. It was banked in the township fund instead.
But the committee says it has complied with all the commission’s requests and has done nothing wrong. There is also debate over whether the commission has the power to dismiss grazings committees.
Ken MacLeod, of Inverness solicitors MacLeods WS, confirmed he was preparing an appeal on behalf of the former members of the Upper Coll committee.
“I have done many land court cases and I believe it is competent," he said.
Five members of a second Lewis grazings committee, Mangersta on the west side of the island, were also dismissed by the commission over the issue of payments to an absentee crofter.
Solicitor Brian Inkster, who specialises in crofting law, is representing four former members of the Mangersta committee members and its clerk.
He said: “The actions of the Crofting Commission in both Upper Coll and Mangersta raise issues which are fundamental to the very survival of the crofting system.
"If their rationale concerning financial management was accepted or carried through, there would be very few viable crofting communities left and even fewer active crofters willing to become members of grazings committees."
He said it was very clear the Crofting Commission “took a decision so unreasonable that no reasonable person acting reasonably could have made it".
He has now written to the chief executive of the Crofting Commission calling for an apology to his clients and for their reinstatement.
But the commission says it is acting properly according to the terms of the crofting legislation.
It issued a statement reassuring shareholders that it was committed to “assisting all common grazings committees and clerks to self-regulate within the provisions of crofting legislation and will work with them to do so”.
He said: “With this in mind the commission has arranged to meet with the shareholders in both Upper Coll and Mangersta common grazings in mid-May to advance the process which has already begun in these townships.”
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