Reaction from The Mountaineering Council of Scotland to the stage 1 committee report on the Land Reform (Scotland) Bill which was published on 15th March 2002.

The Mountaineering Council of Scotland (MCofS) has welcomed today's publication of the Scottish Parliament's Justice 2 Committee Stage 1 Report on the Land Reform Bill.

This report contains some positive and very encouraging comments about some of the aspects of the Bill with which the MCofS has great concerns. The MCofS is particularly pleased to see the Committee's findings on (1) commercial activities, (2) the Scottish Outdoor Access Code, (3) the concept of trespass and (4) night time access.

The Justice 2 Committee has based its report on the written evidence from 269 individuals and organisations, the oral evidence given at its meetings in January and February, and the findings of the other secondary committees that considered the implications of the Bill.

Mike Dales, MCofS Access and Conservation Officer, said:

"The turnaround in the emphasis of this Bill is remarkable and is down to a great deal of team work between the various recreation and conservation bodies with an interest in this issue."

"The MCofS has been working very closely with a wide range of partners in Scottish Environment LINK, Scottish Countryside Access Network and the Scottish Sports Association. This has enabled us to meet with numerous MSP's, present a 15,000 signature petition to the Parliament and influence the key Parliamentary Committees."

John Donohoe, MCofS President, said:

"The MCofS welcomes this report from the Justice 2 Committee and we look forward to playing a full and active role in the Stage 2 process, when a series of amendments will be made to the Bill."

"It is important, however, for us not to take our eye off the ball. The Bill as it currently stands is flawed and a large number of amendments are required. There will also be some unfriendly amendments being proposed in an attempt to introduce loopholes. MSP's must resist these tactics and stand firm if they are to deliver on access and enshrine a responsible right in modern legislation."

The MCofS will be keeping mountaineers informed of the progress of this Bill via this website which contains links to the Scottish Parliament website, which contains the Justice 2 Committee Report. The MCofS is grateful to all those walkers and climbers that have taken part in the written consultations, and / or have been to see their MSP's. Your efforts are appreciated, are having an effect and are valuable in supporting our own work for access.

Selected quotes from the Justice 2 Report on Stage 1 of the Land Reform Bill.

1. Paragraph 60. The Committee believes that excluding commercial activities from access rights may create very real problems for many enterprises whose presence in the countryside will actually benefit land managers and people exercising their right to responsible access. Accordingly, the Committee recommends that the current section 9(2)(a) is replaced by appropriate guidance within the Access Code making clear that responsible access in relation to commercial activity only extends to activities which do not adversely impact on the landowner's exercise of their rights over the land. Other commercial activities would, as now, need the landowner's agreement and co-operation. If the Executive considers that provision is still required in the Bill itself, we recommend that section 9(2)(a) be amended along these lines.

2. Paragraph 52. The Committee believes there is scope for transfer from the Bill to the Access Code of matters relating to the conduct and activities of persons exercising their rights of access. We draw particular attention to section 9 and suggest that each part of that section should be scrutinised at Stage 2 for possible transfer from the Bill to the Code.

3. Paragraph 26. The Committee was able to reach certain conclusions. It is clear that, although there is a concept of trespass in Scots law, there is no criminal law of trespass other than a small number of very specific provisions, in particular the 1865 Trespass (Scotland) Act which concerns camping without permission and the lighting of fires. It is also clear that there is no civil statute law of trespass. On the question of the common law position, the Committee 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, we note the principle of Scots law that what is not expressly prohibited is permitted.

4. Paragraph 67. There was some discussion of whether local authorities' powers under section 11, to exempt land or exclude particular conduct from access rights by order, were too wide-ranging. The power to restrict night time access attracted particular comment. The Committee heard evidence from Fran Pothecary that the more access there is at night the more this will discourage those who would wish to commit offences at night. For this reason and to permit legitimate activities such as wild camping the Committee believes that no restrictions on night access should be provided for in the Bill. The Committee believes this to be a matter for the Access Code.

the Committee Report in full
The Stage 1 debate
Land Reform Bill news