Geekery comes in many forms, but I have always been particularly susceptible to the uniquely Teuchter variety. Now, before you leap to conclusions, no, I cannot name you every model of Massey-Ferguson ever to set wheel upon the Isle of Lewis; nor am I qualified to identify a brand of dip merely by its bouquet. However, I enjoy the complexities of Calvinist theology and of crofting regulation in almost equal measure. It has been easier to indulge the former, because there are places you can go and books you can read which will help the picture clear.
Crofting legislation, on the other hand, has been a right patchwork quilt. Now, however, someone has actually written ‘A Practical guide to Crofting Law’ – that someone being the well-kent lawyer, Brian Inkster, a bit of an expert in the feannag of crofting law and all its associated vagaries. This is not a legal tome for professionals, but a very usable little book which covers all the main aspects of crofting and its relationship with the law of the land (yes, pun intended).
I warmed to it immediately when I saw that page 1 of chapter 1 contained the word, ‘therefrom’. He was only placing crofting in its historical context – something I do myself fairly frequently for bored students – but couldn’t suppress a lawyerly adverb even at this early stage in the proceedings.
It’s a depressing feature of life in the Gàidhealtachd that any description of who we are or what we stand for must always involve talking about organisations. We are surely the most regulated people in all of Creation. Reading Mr Inkster’s description of the Crofting Commission and the Scottish Land Court, I couldn’t help smiling to myself. All our resident malcontents (and more than a few non-resident) pile the blame onto churches for the perceived stifling way of life here, but no one ever seems to wonder quite why we need so many bodies to keep an eye on our language, our land, our economy – and that’s before we even get started on the plethora of environmental designations that Scottish Natural Heritage has at its disposal. Before you put a spade in the ground, you’d better find out if it’s a RAMSAR site, an SSSI, an NNR . . .
We have accepted it, though, as our lot (pun eile) in life. Like every other endangered species on the planet, the Gael has to be subject to much monitoring and scrutiny. There are more schemes and safeguards linked to us as a people than your average violent offender.
Everything, from the air that we breathe to the words that we use is subject to policy. If I start a business, join a committee or put up a polytunnel, there is an agency that needs to know. We have island plans, community partnerships, rural networks – all designed to protect us. We are like wayward teenagers, not trusted to get the bus home by ourselves in case we talk to strangers.
Ah, but, Mr Inkster’s book brings us neatly, in chapter sixteen, to that wee glimmer of freedom – the Teuchter equivalent of turning twenty one and being given the key of the door: community buyout. You’ll have heard of it because it’s been quite the apple pie and motherhood of the Gàidhealtachd over the sixteen years since the 2003 Land Reform Act was passed. The Act afforded the crofting community a right to buy and become its own landlord – not piecemeal, croft by croft, but to purchase an entire estate as one crofting body if so desired.
Now, I’m not rubbishing this development. It’s difficult to, when you recollect the heroism of Assynt, and of Eigg, in challenging absentee landlordism before there was tailor-made legislation to assist their endeavour. What I am merely pointing out is that the crofting community right to buy is something that had also to be granted via an Act of – albeit the Scottish – Parliament. It is arguably benevolent in its tendency, but still regulation nonetheless. Mr Inkster refers to the ‘Scottish ministers’ many times in this short chapter, reminding even the most gung-ho of community trusts that they have what they have at the behest of government, and of the reams and reams of law which have made it possible.
It’s easy to fool ourselves that we are freer than we actually are. Human beings are incredibly gullible, and very liable to convince themselves that there exists no authority higher than their own. That anyone from the seven crofting counties still believes this to be the case is extraordinary, when you consider the weight of legislation under which they live, move and have their being.
When I was a child, we marked the centenary of the 1886 Act, which put the word, ‘crofting’ onto the statute books for the very first time. It has always been cited as a great stride forward and, I suppose it was in many ways. But it was also the beginning of state-sponsored interference in a way of life which had existed previously on its own terms. Yes, it mitigated against some of the worst excesses of private landlordism, but it also sank the Gael into that abiding sense of being a permanent ward of state.
I think we are more at risk than ever these days of regarding ourselves as ‘looked after’. By the time the centenary had come and gone, organisations like the Crofters (as it was then) Commission, the HIDB and even the embryonic Scottish Crofters Union were household names. The folk leading the organisations and formulating policy were known to those most affected by their decisions. Even more crucially, those leaders were affected by their own policy too – because they lived in the communities regulated by these organisations.
Quietly, insidiously, the state moves the machinery that regulates Gaeldom further and further from its beating heart. Leadership has to come from within – for our land, for our language, for our economy, for our very way of life.
I, for one, am tired of seeing the Gàidhealtachd being run like a colony from Edinburgh. It’s long past time for the natives to get restless.