Wild Land News no 54, Winter 2001/2002

Access Bill Update Article

Alistair Cant reports on the improvements to the Access section of the Land Reform Bill

There was a huge groundswell of concern over the first draft of the Land Reform legislation, which was issued some months ago in 2001. The issue of Access was especially seen as controversial as this first draft was thought by many to give too much power to landowners. A magnificent 14,500 people signed a petition either electronically or by hand, expressing deep concern about elements of the draft. This petition was delivered from Dunfermline - the seat of the old Scottish Parliament, to the High Street of Edinburgh - to the new Parliament. It was transported by climbers, walkers, riders, cyclists and canoeists in a spectacular team effort.

The Land Reform (Scotland) Bill is now out and is progressing through the Scottish Parliament. There is some relief in the section on Access that certain aspects of the first draft have been toned down or removed. There is no longer the power for a landowner to suspend access on account of land management operations etc. There are no local authority emergency powers, nor new police powers. These deletions are all very welcome.

Ironically, experience gained during the foot and mouth outbreak played a significant part in the Executive's decision to remove the clause giving land managers the right to suspend access. Jim Wallace, the justice minister, noted the responsible behaviour by the public in observing access restrictions, and contrasted this with the "abuses by landowners and farmers who restricted access". Even the convenor of the Scottish Landowners' Federation, Robert Balfour, conceded the point. He had warned land managers "in public", and said "I don't disagree with Mr. Wallace. You could say that people have been hoist with their own petard."

We welcome also the introduction of obligations of responsibility on land managers which helps to give more balance to the legislation, and the attempt to maintain the common law position of access. There is also the duty (as opposed to the original power) on Local Authorities to uphold access rights and new powers to Scottish Natural Heritage to safeguard conservation interests.

There are still many concerns that the Group has on the Bill. There should be a reduction in some of the complex details in the Bill - these should be hammered out in the Code of Guidance, not the Bill itself. The Bill seems overly concerned with rules and regulations, rather than setting out a spirit for access to be achieved for users of the countryside.

One major flaw still is the exemption of farmyards from the legislation. Many paths go through farmyards, thus all those which are not official rights of way are at risk of being closed down. It must be made clear that farmyards should still provide access unless there is a practical alternative in place that has been agreed.

It is vital to keep the pressure up on MSPs over the Bill as it makes its way through Parliament. Please visit your local MSP's surgery or write or e-mail him or her. The details of what issues give greatest concern can be found out from the Ramblers Scotland website (www.ramblers.org.uk). You can join an access campaign network by e-mailing LucyB@scotland.ramblers.org.uk.

The Group urges all members and readers to work hard to lobby MSPs as now is the time.