23 January 2003

The Mountaineering Council of Scotland (MCofS) has warmly welcomed the passing of the Land Reform (Scotland) Bill and looks forward to working with local authorities, public agencies and land managers in a more positive and clear countryside access system in which recreationalists will have statutory rights and protection.

MCofS staff and committee members were present throughout the two-day debate in the Scottish Parliament and were pleased that the conclusion has finally secured in statutory law what we have always believed we had in common law, namely a right of access to land and water in Scotland for recreational enjoyment.

Reacting to the new legislation, MCofS President, Pete Hill, said:
“We welcome the enshrining of our long held tradition of freedom of access into statute, and believe this offers a unique opportunity to reduce conflict, and provide a much fairer basis for managing access in Scotland. The Scottish Parliament has delivered on a commitment that would have been inconceivable ten years ago.”

Mike Dales, the MCofS Access & Conservation Officer, has commented on the benefits of working with other outdoor recreation and conservation bodies: “The process that has led to this legislation being passed has taken many years and involved many people. Throughout this time the MCofS has worked through three networking bodies (Scottish Environment LINK, Scottish Countryside Access Network and Scottish Sports Association), including organisations such as the Ramblers' Association Scotland, Scottish Canoe Association, Royal Society for the Protection of Birds, National Trust for Scotland, local authorities, and many others. This has enabled us to project a stronger voice and present a coordinated campaign backed up by the combined strength of our collective memberships.”

Whilst some of the powers and duties contained in this legislation will take up to a year to come into full effect, the MCofS is hopeful that the Land Reform (Scotland) Act will soon start to make a noticeable difference on the ground.

Commenting on the future management of access in Scotland, John Mackenzie (Earl of Cromartie), the MCofS Vice-President, said:
“We hope that the passing of this legislation will very quickly lead to the removal of the many unwelcoming, misleading and intimidatory signs that we find on the Scottish hills, and that with local authority involvement there can be swift resolution of some notorious access problems.”

Former MCofS President, John Donohoe, led the MCofS for four years, including the period of the Land Reform consultation exercises and the Foot and Mouth crisis. John made the following comment:
“We are delighted that a few final amendments have been made to this Bill. For example, it will be of great relief to many people involved in Outdoor Education that the issue of educational and commercial access was satisfactorily resolved, and that can only lead to better provision of education about exercising and managing the right responsibly. The rejection of a last minute amendment seeking to enable local authorities to prevent access during the hours of darkness is another improvement that has been made to the Bill this week. So, we are pleased this Bill now represents a very good deal for outdoor recreation in Scotland, and has hopefully been worth all the hard work in getting here.”

Pete Hill also commented:
“As the current MCofS President I wish to express my gratitude to the many people who have campaigned tirelessly over the years for the right of access to be recognised in statute. The long heritage of access campaigning goes back at least to John Stuart Blackie in the 1830s. It includes colourful but unsung heroes like Professor John Hutton Balfour who led his students to the Battle of Glen Tilt; Walter Smith who opened up Jock's Road; James Bryce whose Access to Mountains Bills in the 1880s were the first attempt to secure a public right of access to mountain and moorland. Coming up to recent times, major players have worked in different fields: Rennie McOwan steadily asserting the moral cause in the media, MCofS Presidents like Bob Reid and Nick Kempe prodding at the practical issues; Alan Blackshaw through SNH and then in his painstaking research on legal aspects; Dave Morris and his colleagues in the Ramblers' Association and in Scottish Environment LINK. But it is invidious to pick a few names; particularly by contrast with the small number of stalwarts in the 19th century, the breadth of support over the past ten to fifteen years has been a key factor in bringing this campaign to culmination in this Act”.

The Land Reform (Scotland) Bill should receive Royal Assent in March, when it will become known as the Land Reform (Scotland) Act.

A three month consultation into the content of the Scottish Outdoor Access Code is likely to take place between March and June, and the eventual version of the Code and full range of powers and duties will be introduced by early 2004.

In the meantime, access to our mountains and crags should carry on very much as before, with our common law right of access being the basis for our activities until the statutory right is fully implemented.

The Bill - as passed
Scottish Executive quotes
the story of the Bill
What happens now?