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Threat to night time access
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Is Trespass Illegal in Scotland ?
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Needs of the people, not just Skibo's guests
Access to Balmoral Estate secured

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Draft Land Reform (Scotland) Bill -
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Petition taken to Parliament

17 January 2003

The Mountaineering Council of Scotland has claimed that a proposed Scottish Executive amendment to make it possible to restrict countryside access during the "hours of darkness" will result in accidents as walkers and climbers would be under threat to travel quickly, and take unnecessary risks in a rush to get off the hills before dark.

The clause is part of an amendment proposed by Environment and Rural Development Minister, Ross Finnie, in the Land Reform (Scotland) Bill. The Scottish Parliament will conclude the passage of this Bill on Wednesday and Thursday of next week, and in doing so will secure a statutory right of access to Scotland's countryside for recreational activities. Unfortunately, clauses like the one referring to hours of darkness threaten to take away the statutory right that has been fought for and is about to be secured.

MCofS President, Pete Hill, has made the following comment on this absurd twist in the development of the Land Reform (Scotland) Bill:
"If a mountaineer has an accident whilst trying to rush off the hill before dark, then the Executive should consider itself responsible for the consequences. The thought of having to run to the mountain in winter, climb quickly without a rope, and then run out again, all because there is a darkness curfew and you therefore have to cram everything into 8 hours of daylight, is simply ridiculous.

MCofS Vice President, John Mackenzie, backs this up with his statement:
“Sunset and sunrise will be words stolen from our vocabulary. Imagine a country where you are not allowed to be on certain hills to witness sunrise, sunset, meteor showers and the shortest night of the year. That is not the Scotland I grew up in, and it must not be the Scotland that future generations have to put up with.”

The MCofS believes that darkness curfews in the mountains would be unenforceable, derided and largely ignored. They would infringe our basic human rights and lead to the escalation of the kinds of conflict that this legislation is trying to resolve.

The MCofS Access and Conservation Officer, Mike Dales, said:
“What are we meant to do when there's a darkness curfew; stay in our tents and bothies all night, and not go out for a pee until dawn? The thought of these curfews would be laughable if it was written anywhere else, but contained in an amendment from a government Minister makes you realise how out of touch he is with reality. Ross Finnie should bear in mind that a lot of people will be watching this issue next week and will soon be considering how to vote on May the 1st.”

Former MCofS President, John Donohoe, has been involved throughout the MCofS's work on this Bill, and also feels strongly about this proposed amendment:
“It's unbelievable that this clause is in at the request of Highland estate owners involved in Deer Management Groups, who want vast areas of the Highlands left devoid of people at night. But, why? They say its so they then know that anyone on the hill at night must be a poacher. What rubbish. There would still be walkers up there anyway, and surely the best deterrent against poachers is actually to have people around. One must query why landmanagers are so anxious to keep law-abiding people out of the Scottish countryside. What do they have to fear?”

Pete Hill is urging all MSP's to ensure the rapid rejection of this appalling clause that the Executive has sought to introduce at this late stage:
“We are confident that MSP's will have the opportunity to vote for another amendment that deletes the reference to hours of darkness, and we urge MSP's of all parties to vote for this further amendment.”

The amendment containing the reference to “hours of darkness” is contained in amendment number 92 on a list of amendments shown on the Scottish Parliament website (under Business Bulletins). This reference to darkness is intended to be a part of a section of the Bill, currently referred to as “Before section 12” and is the bracketed part of subsection (1).

The Bill as amended at stage 2
Marshalled List of Amendments for Stage 3
Scotsman newspaper report