To
Mrs Judith A Morrison
Scottish Law Commission
Edinburgh

31/7/2001

Dear Mrs Morrison

Consultation on Discussion Paper on Law of the Sea in Scotland (Discussion Paper No 113)

I an writing to express concern about the statement in para 4.34 of the discussion paper that:

'At common law, there is no right to pass over private property in order to reach the foreshore. The foreshore must be accessible by a public road or from the sea. There can, however, be a public right of way'.

Clearly, the situation on the ground will often be such that a public road or right of way is indeed useful. But there is also a very great extent of forshore in mainland Scotland and the Islands lying at the foot of cliffs or other steep ground, often many miles from any public road or right of way.

Our general understanding is that, as then Secretary of State, Tom Johnston, wrote in 1942:
'Any member of the public is at liberty to walk over any land in Scotland provided he does so without damage to crops or fences and does not commit a breach of the various Poaching Acts. This applies to the whole country with the exception of private gardens or grounds which form the curtilage of a dwelling house or other private residence.'

On this basis there is in Scotland a liberty of access to coastal cliffs in general, and the foreshore below them, lawfully and without trespass.

I should be grateful if you could record this as a Response to the Consultation.

In addition, however, I should be grateful if you could ask your colleague concerned to clarify the statement from para 4.34 above, since if it really is the provisional view of the Scottish Law Commission that Scotland's very extensive sea-cliffs can only be accessed by a public road or right of way, it would be a matter of some importance for the many climbers and mountaineers whom we represent.

Yours Sincerely

MCofS Consultation Responses