Brian Inkster, Hon Secretary of the Crofting Law Group, reports exclusively for The Firm on the Group’s annual Crofting Law Conference, organised in association with the WS Society, which was held in Fort William on 3rd September.

There perhaps could not be a more appropriate venue for a Crofting Law Conference than the Lochaber Rural Complex in Fort William. 64 delegates arrived at the Auction Mart in the foothills of Ben Nevis on a glorious day (very warm and not a cloud in the sky) to hear about the Crofting Reform (Scotland) Act 2010 and other developments in Crofting Law.

It was decided to hold the first two talks in the actual auction ring. Roy McLachlan from the Scottish Government and Nick Reiter from the Crofters Commission replaced the livestock that would normally appear in the centre of the ring with the delegates taking the place of crofters and buyers sitting on the tiered benches surrounding the centre. It was as good a lecture theatre as many I have been in.

The Conference Chairman, Sir Crispin Agnew of Lochnaw, Bt, QC, opened proceedings and introduced Alan Boulton of the Lochaber Rural Complex Trust who gave us some information about the Complex and the Auction Mart we were sitting in. Roy McLachlan (standing in for Bruce Beveridge) gave the views on the Act from the Scottish Government followed by Nick Reiter with views from the Crofters Commission. We then moved out of the auction ring and into a more traditional and comfortable seating arrangement for the remainder of the conference. I was next up with a Solicitor’s view on the Act. Then Nick Reiter, Derek Flyn, Donald Smith and I answered questions from the floor on the many issues raised on the Act during the morning session.

There was general consensus that the provisions surrounding the new Crofting Register were somewhat complex but nonetheless lacking in certain respects. Why was a share in the Common Grazings not included in the information to be contained on the registration schedule of a croft? This could be added in by order of the Scottish Ministers. If it is added in will it then be necessary for a common grazings to be registered before the first croft with a share in that common grazings can be registered? Many more such questions concerning the Crofting Register were aired. For example why does a sub-let not lead to registration in the Crofting Register and are there ambiguities regarding an application for a decrofting direction leading to first registration?

With regard to other parts of the Act, most eyebrows were raised concerning the requirement for a grazings committee to report to the Commission on the condition of every tenanted and owner-occupied croft with a share in the grazing. Will any crofter want to be on a grazing committee should this provision be brought into force?

After a buffet lunch, which most delegates ate outside in the sun, the afternoon session began with Simon Fraser looking at the succession provisions of the new Act. The Bill, as originally drafted, had little if any provisions concerning succession. The Act, however, now contains a raft of provisions some of which were introduced by way of last minute amendments with little in the way of prior consultation. The message from Simon was that some of these may cause as many problems as they seek to resolve. Careful consideration of the legal issues arising should be given by the Government before they actually bring these provisions into force without further amendment.

The Conference then took a break from considering the new Act with Sir Crispin Agnew looking at the benefits of using mediation to resolve crofting law disputes. The Conference concluded with an update on recent case law from Donald Cameron, Advocate.

In the evening the Crofting Law Group held a dinner at the Crannog Restaurant where informal debate concerning the Act continued. I heard interesting views on why crofting mortgages would not have been a good idea (this was dropped from the Bill during its passage) and this is certainly an area worthy of further debate and consideration by the Government.

The following day a small number of delegates returned to the Lochaber Rural Complex for a group tour. We were given an interesting talk by Alan Boulton on the history of the mart itself and how it functions. As well as hosting a Crofting Law Conference it has been a studio for a Harry Potter film set! We then had a tour and talk of Highland Wood Energy, a rapidly growing new bio-mass fuel company installing the latest types of solid fuel heating in rural estates and commercial buildings, burning the gas extracted from waste woodchips from highland forests. Then a tour and talk in the Crofting Learning and Visitor Centre, a small rural education establishment run by Lochaber Rural Educational Trust for local primary school children and giving tourists an insight into crofting. To great hilarity I was shown how to milk a cow, not a real one but a dummy used for educational purposes. The tour then finished with a cup of tea and a scone at the Lochaber Farm Food shop and cafe. This is run by a Spean Bridge crofter and his wife, who with a croft diversification grant, set up a home grown farm produce shop in competition with the local supermarkets and home baking in their attached cafe.

The Conference provided a great forum to consider the Crofting Reform (Scotland) Act 2010 and it is to be hoped that it will act as a catalyst for the Scottish Government considering in some detail the concerns raised before bringing into force certain provisions of the Act.