The Mountaineering Council of Scotland
Newsletter no.36 August 1998

Executive News

REPORT ON THE ANNUAL GATHERING 1998

This years Annual Gathering was held at Glenmore Lodge on 6th June. We heard an excellent and professional illustrated talk by Scott Muir recounting his first ascent of 'The Throne' in the Kulu Himalaya with Gordon Lennox, Kevin Kelly, David Proudfoot and Malcolm McIlraith. The Edinburgh University Mountaineering Club's expedition to Bolivia's Cordillera Real and Apolobamba mountains was recounted by expedition member Paul Schweizer (who is a Lecturer at the University). They succeeded in making numerous first ascents.

The main discussion items on the Saturday were the Cairngorm Funicular Management Plan and Access Legislation.

Cairngorm Funicular Management Plan by Bill Wright (Cairngorm Campaign)
[The MCofS wished to present both sides of the argument about the visitor management plan for the Funicular development and we approached The Cairngorm Chairlift Company to contribute to the discussion by giving a presentation as an opposite view to that of the Cairgorm Campaign. This was declined as they felt the forum would be too confrontational. SNH were also approached but they felt it was inappropriate to discuss the issue in a public forum prior to an expected announcement from the Lord Advocate on the outcome of the recent court case brought by RSPB & WWF against SNH over the funicular. This report therefore concentrates on the address by Bill Wright].

MCofS members attending Bill's talk were alarmed at the points of detail within the document, and especially the inequitable treatment of walkers and climbers compared to customers of the proposed funicular railway.

Bill began by saying there are three ways of managing access. One is to say "Keep Out", a second is just to have an open hill and people take a walk if they wish, and the third is to actively promote an area by saying "Come to our mountain".

This third approach is what is being proposed for Cairn Gorm. Highlands and Islands Enterprise (HIE) and the Cairngorm Chairlift Company (CCC) are aiming to attract 200,000 to 250,000 visitors a year to this mountain by going out and marketing it.

Bill explained "If you are to heavily promote a mountain and aim to attract a quarter of a million visitors every year, then you are going to have to manage those visitors. If a funicular is going to be built on Cairn Gorm, then aVMP of some kind is inevitable. It's no use, therefore, saying the VMP won't work, because if the VMP won't work it means that the funicular won't work". He continued "the two are linked and anyone who says they support the funicular, or are at least neutral towards it, but who oppose the VMP, should consider how they would manage the vast numbers of people".

Perhaps the most telling comment that Bill made was this: "They are telling me, with my rucksack and boots, that I'm causing damage and I'm irresponsible for going up there, and yet it is OK for them to take tens of thousands of tons of concrete and steel onto the mountain, as well as bulldozers tearing away at the soils and sensitive vegetation. Now hang on, there's something wrong here."

The newly elected MCofS Executive Committee was given unanimous backing from the Open Forum, which followed the AGM at Glenmore Lodge, to oppose the proposed Visitor Management Plan (VMP) at Cairn Gorm and asked it to make this a priority issue over the next year.

Access Legislation
John MacKay (National Strategy Manager for Scottish Natural Heritage) outlined the state of play at the present time concerning the Government's commitment to achieving greater access for the general public to enjoy the mountains. He outlined the role that is currently being taken by the Access Forum in this process, including the collation of information about current legislation that affects access through a Legal Sub-group of the Forum and the discussions amongst Forum members to find an agreed position regarding the way forward. He explained how the report from the Forum will act as advice to SNH in then compiling it's advice to Government. John explained that any new legislation will be considered separately from that being considered for England and Wales and would be a function of the Scottish Parliament.

John introduced to members the consultation paper that has been distributed by the Access Forum as part of this process so that the views of the general public can be taken into account. There would also be a consultation paper issued by Government after this stage as a precursor to formulating any new legislation. There was also some discussion of the current consultation document about access in England and Wales.

Nick Kempe then introduced the MCofS's position regarding access. Nick formerly launched the MCofS Access Charter which had previously been distributed to members for comment.

MCofS Access Charter

  1. The Right to Freedom of Access
    Freedom of access to the hill and crag on foot for informal recreation should be a basic human right. In Scotland this right is embodied in the traditional freedom to roam. This includes the freedom to take risk, which is an integral part of mountaineering.
    The right to freedom of access should be incorporated into all government policy so that it becomes a precondition for landowners to receive public grants.
  2. The Responsibilities of Freedom of Access
    All who enjoy access should take care to minimise their impacts and "tread lightly". They should adopt an ethic of personal responsibility and be aware of the risks involved in these activities for which landowners or occupiers should not incur any liability.
    The responsibilities of access includes the acceptance of limitation on access for conservation or land management purposes where these are mutually agreed between recreational user and other parties.
  3. Meeting the Costs of Access Management
    The costs of access management should be met without charging for access.
    Greater resources, principally from public funds, should be made available both to maintain and improve existing public access, particularly through measures such as redirecting agricultural and other subsidies.

Nick also introduced a paper presented to the meeting which outlined the MCofS's view on the current Laws relating to access as it applies to open air recreation. The paper explained our thinking based upon recent research undertaken by Alan Blackshaw for Scottish Wildlife and Countryside Link bodies. Nick explained the Common Law position of Invitee, Licensee and Trespasser and how we believe that mountaineers should be regarded as Licensees and not Trespassers. He showed that it was important to look at Liability Laws as well as Property Laws when making statements on access. Nick then introduced the Outline Proposals of the MCofS for access legislation in Scotland. This hinged on access being regarded as a basic human right to include the right to walk over land which is not being cultivated, to camp, to climb and to picnic, swim, pick berries and fungi, to fish for wild trout and to cycle and ride horses. There were provisos included and he showed how there are already many powers to restrict activity such as littering, damage, disturbance by dogs, intentional disturbance to shooting activities etc.

The main thrust however was clear - the right to enjoy the countryside (which should be defined as anywhere that is not someone's garden or a field with crops) as long as this is exercised with responsibility.

 

Announcement of New Executive Committee
This year saw a large number of positions change. We would like to express our thanks to the out-going members of the Executive committee who have all contributed to the work of the MCofS over the past 4 years. They were Nick Kempe as President (see Nick's closing address above), Ron Robertson, who acted as Honorary Secretary and Ordinary Members John MacKenzie, Findlay Swinton and Bill Wallace. The new members on the Executive were all nominated by clubs or other Individual members, except Scott Muir who made the mistake of innocently asking what was involved and found himself being nominated from the floor ! :

John Donohoe (President), Helen Geddes (2nd Vice President), Nick Halls (Honorary Secretary), Marieke Dwarshuis (Ordinary Member), Tom Prentice (Ordinary Member - Individuals), Roger Owen (Ordinary Member), John Davies (Ordinary Member), Malcolm Duckworth (Ordinary Member), Meryl Marshall (Ordinary Member), Scott Muir (Ordinary Member).

 

1998 Subscription Fees
The rates indicated in the papers for the AGM were agreed. Clubs will be issued with a separate request for affiliation fees within the next month. Please help MCofS by responding quickly to this request as early payment allows a better flow of MCofS moneys.

Individual Membership (Ordinary) £13.60
Individual Membership (UB40, OAP, Student, Unwaged) £ 9.00
Joint (2 persons at the same address/Family (+ 2 children under 18)    £20.75
Club (capitation fee per member) £ 4.30
Associate £50.00

 

The Great Debate Report
This was held on Saturday March 14th at The Clachaig Inn in Glen Coe. There were three topics of discussion - Cameron McNeish was to talk on Cairns, Nick Kempe on redefining a Munro and Simon Richardson on winter climbing ethics. Unfortunately Cameron was stricken with a bug picked up on his trip to Morocco days previously and could not attend. A full report will be included in the next Newsletter.

 

Mountain Article Competition 1998 Winners
We were encouraged to receive more than usual in terms of the numbers of entries with 11 in the prose category and 8 in the poetry category and sincerely hope that this trend will continue next year. Thanks to all those who entered.

Our thanks go to the judges in this year's competition: Bernard Newman (Editor of "Climber" magazine), Dave Hewitt (Editor of "The Angry Corrie"), Graham Little (past MCofS President), Ingrid Parker (past MCofS Vice President) and Kevin Howett (National Officer).

The winners were :

PROSE CATEGORY:
£100 1ST PRIZE. Congratulations go to Andrew Hilton for his prose entry 'There must be more to it than this' printed later in this issue of the Newsletter.
£50 2ND PRIZE. Congratulations to Ruaridh Pringle, last year's winner, whose entry entitled "Good Bones" will appear in the next newsletter.
3RD PRICE. Congratulations to Simon Richardson for his entry entitled "Enigma."

POETRY CATEGORY:
£50 goes to Hamish Brown for his winning entry 'The Crack' printed in this issue.

 

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