This evidence was submitted to the Justice 1 Committee of the Scottish Parliament for their consideration of the final draft of the Scottish Outdoor Access Code on 30th June 2004.

Introduction
The Mountaineering Council of Scotland (MCofS) is the representative body for hillwalkers, climbers and off-piste skiers and receives core grant funding from sportscotland in recognition of this status. We are a membership organisation with over 2,000 individual members plus 145 affiliated clubs that contain over 7,000 members. Our Committee structure is entirely voluntary and appointments are the result of a democratic process. The professional staff complement is made up of four posts at our Perth office.

The MCofS has been a member of the National Access Forum since its inception and we have responded to every consultation exercise in the process of developing the Land Reform Act and Scottish Outdoor Access Code. We are pleased to see the access section of the Act in place and believe that the Code looks set to play a vital role alongside the Act. We believe the new access arrangements that are about to be introduced will modernise and clarify the management of access to land in Scotland, and that is long overdue.

Positive Changes Introduced by Ministers
The MCofS is pleased to see a range of positive changes in this latest version of the Scottish Outdoor Access Code. Ministers have cleared up a number of outstanding anomalies contained in the previous version of the Code that was handed to them by Scottish Natural Heritage. The guidance on farmyards and wild camping has been significantly improved and now reflects the spirit of the Act and the reality of what happens on the ground.

This leads us to believe that the process is almost complete. Within the next few months Scotland should gain great benefit from the introduction of a new statutory right of access, backed up by an explanation of the responsibilities on all parties that go along with those rights. The process that has delivered these new access arrangements would never have been possible under the previous Westminster system, so it is a direct result of devolution that we can now look forward to implementing and working with a modern access system that is being regarded as one of the best in Europe.

The Unfortunate Attitude of Network Rail
As we approach the final stages of developing a new access system it is extremely unfortunate that the whole process of improving access arrangements in Scotland is being threatened by Network Rail's intransigence and unwillingness to play their part in working within the spirit of the new Act.

Network Rail is attempting to erode the tolerance of crossing railway lines that has traditionally existed, and in so doing are acting in what we regard to be an irresponsible manner. In our view, the Code should spell out the responsibility of railway line managers urging them to take account of the Land Reform (Scotland) Act and to accept that people have an expectation of being able to cross railway lines. We find the Network Rail attitude to be very disappointing indeed. Their challenging of the new statutory right is all the more ludicrous on Highland lines where there are very low levels of rail traffic, and trains are travelling at relatively low speeds. For instance on the Perth to Inverness line there are less than 20 trains per day, and yet pedestrians are able to cross the adjacent A9, which has a daily average flow of almost 8,000 vehicles. Furthermore, the Perth to Dundee railway line has less than 40 trains a day, but Network Rail's actions are resulting in increased pedestrian use of the verges of the A90, which has a daily average flow of over 30,000 vehicles.

Despite Network Rail's actions we have no doubt that people will continue to cross railway lines at traditional crossing points and it would be preferable for the Code to explain how to cross railway lines in a responsible way. The Code should also describe Network Rail's responsibilities as a land manager. If suitable wording cannot be expressed at the current time then the first revision of the Code should incorporate this advice following any resolution of this dispute with Network Rail.

Process for Updating the Scottish Outdoor Access Code
It has been accepted that the Scottish Outdoor Access Code should be updated from time to time and that this should be a more simple process than altering legislation. The passing of other legislation, like the Nature Conservation (Scotland) Act, will necessitate an amendment in the annexes of the Code, and resolution of the Network Rail problem will lead to the need for advice on crossing railway lines. An early update of the Code is likely to be required and we feel it would be wise for the Justice 1 committee to determine what that process is likely to entail before it happens.

We believe the Justice 1 committee consideration of the Scottish Outdoor Access Code will provide an opportunity to question the Minister on the process of updating the Code. For instance, we would like to see the Minister, or Deputy Minister, being asked the following questions:

1. What role will the National Access Forum play in the updating of the Code?
2. What consultation will take place on any re-wording?
3. Does the Minister agree that additional advice on railway lines should be included after the Network Rail issue is resolved?
4. Are there alternative provisions in place so that the Executive or SNH can issue some form of supplementary guidance if the issue is resolved with Network Rail after this version of the Code has been approved by Parliament?

The MCofS Access and Conservation Officer, Mike Dales, is able to talk to Justice 1 committee members about any of these issues in the lead up to the debate on June 30th.

The Mountaineering Council of Scotland
21 June 2004