Wild Land News no 55, Spring 2002

COMMENT: Focus on Access Article

Alistair Cant considers the Stage 1 Report on the Bill by the Justice 2 Committee.

The Committee of the Scottish Parliament looking at the Land Reform (Scotland) Bill has concluded its Stage 1 deliberations. Known as Justice 2, the Committee examined many elements of the issues, considering numerous written and personal submissions from representatives and all shades of 'experts'. The Bill contains the 3 elements of Access; Crofters right to buy; Community right to buy.

The Justice 2 Committee held an extra day to consider in more depth submissions and advice on the question of whether there was a law of trespass. The Committee state in their Stage 1 Report that they remained unpersuaded by the evidence and arguments that there is either a clear prohibition or a clear permission in relation to harmless access to land. However, importantly, they note the principle of Scots Law that what is not expressly prohibited is permitted.

The Stage 1 report, published on 15 March was followed by a debate in Parliament on 20 March. The Bill now goes back onto Stage 2 and back to Justice 2 where any amendments will be considered. Stage 3 occurs when the Bill comes back to the floor of the Scottish Parliament for a final debate.

Generally the Justice 2 Report is excellent, with the benefits of this Committee system revealed in the clear and incisive analysis and conclusions. The Committee seem in effect keen to restore the Bill to look similar to the original Access Forum report. The Wild Land Group are very pleased so far.

At a recent meeting with his MSP, Alistair Cant, our Co-ordinator, was advised that by his MSP that he was surprised his post and e-mail bag was not containing many letters and messages from the pro-Access lobby.

Readers are therefore urged again to help the campaign for good access to land by contacting your MSP as soon as possible. Some key points to stress include:

There is in effect access to the land at present and the Bill must not be allowed to restrict our existing freedoms.
As much of the detail as possible be move to the Scottish Outdoor Access Code, rather than kept in the Bill. This is because the Bill should be kept simple and just to promote the principles of access. The Code should give the details and these details can be amended more easily in the light of negotiations between the key organisations in the countryside, who attend the Access Forum. The Access Code should become an important stand-alone document like the Highway Code.
While a core path network is important, the right to wander as recommended by the Justice 2 Committee should be achieved in the legislation, especially for access through enclosed farmland.
There must either be access through farmyards or alternative routes be in place whenever a route through a farmyard is going to be excluded from the public.
The Police should not be drawn into disputes over interpreting the Bill once it becomes law.

It is so important to maintain pressure on MSPs to ensure this crucial legislation preserves and enhances our existing rights and freedoms. Send that letter and e-mail now please.