Land Reform Bill Sept 2002 Update

The Bill continues to move oh-so slowly through Stage 2, in which MSP's bring forward amendments. After three sessions, the Committee have only reached Section 7. Only another 90 to go! However, the first part of the Bill on access rights was always going to generate the most amendments so things should speed up in a couple of weeks when Part One is done and dusted.

There are several matters of importance to report:

Firstly, a significant change was Scott Barrie's (Labour MSP Dunfermline) amendment at the beginning of the Bill, which sought to use the word "secure" access rights, as opposed to "create" access rights. The amendment was passed. The reasoning behind the amendment is to ensure that existing 'rights' (whatever they might be), practices and traditions are built upon, not lost. There has been a bit of a division amongst National Governing Bodies on this matter, as some believe more firmly in existing rights than others. Walkers, and to a large (but not unanimous) extent paddlers, have always felt more confident about asserting their right to be on land, and water, whereas horse-riders and cyclists have felt less assured. 'Securing' and 'improving' existing rights would have the effect of building upon the current traditions of access, whereas 'creating' absolutely new rights could be very different and more open to reduction and regulation.

Secondly, sections 4 and 8 have been voted out. This was the ministerial power to modify the Bill. The Committee felt that it was important that such powers shouldn't lie in the hands of a minister alone and that any future changes to the Act should be done through the democratic process of parliamentary debate. The Minister argued that having the powers would allow the Executive flexibility to deal with problems that arise if they don't get the Bill right. Now that Ministerial powers to change have been voted out, it is extra important that we do get the Bill right this time around.

Thirdly, two amendments were proposed and accepted, concerning the inclusion of commercial activities. Ross Finnie's amendment would allow for the right to extend to anyone who, commercially or for profit, is providing a service to enable or assist others exercise their right of access, as long as they exercise it along with those others. Rhona Brankin's amendment clarified that any activity that could be done by someone exercising his or her access rights, could also be done by that person in a commercial capacity. To a certain extent the amendments go some way towards including the outdoor industry, but it still leaves some people - such as commercial photographers - out in the cold. The Executive has agreed to come forward with another amendment at Stage 3 to tackle this. Hopefully this will mean that any reference to commercial activity will no longer sit under the "irresponsible behaviour" bracket in Section 9, but be included early on in the Bill in Section 1 which outlines the extent of access rights.

Denis Canavan's amendment to give a right of access to the Queen's land (such as Balmoral) was also accepted unanimously so our trips down the Dee and to Lochnagar should not be affected, unless national security is at stake.

The issue of land on which crops are grown is the next big one to be debated on Wednesday 18th September.

Warning: all the changes brought about so far, are open to further alteration at Stage 3, when there will be more political pressure on MSP's to tow a party line. We have a Liberal / Labour coalition in the Scottish Parliament so any amendments from the Minister (Allan Wilson - Labour) and the coalition Executive will no doubt mean that the MSP's from those parties will be whipped back into line. So, it may be that gains made at Stage 2 will be reversed, and some clauses will go back in again. As they say in France, "plus ca change, plus ca la meme-chose" - everything changes, but nothing changes!

Full background and details of the the Bill can be found here