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It’s
been a long time coming but the Scottish Canoe Association
welcomed yesterday the passing of the Land Reform (Scotland)
Bill by the Scottish Parliament. The Bill has enshrined in
statute a right of access to land and water in Scotland for
recreational enjoyment. The Bill should receive Royal Assent
in March when it will become known as the Land Reform (Scotland)
Act, and the full range of powers and duties in the Act will
be introduced finally in 2004.
What
will it do?
The right
of access gives statutory rights and protection to recreational
users of the countryside in Scotland, and gives local authorities
new powers and duties to manage access in positive ways, including
the establishment of core path networks which can include
waterway routes as well.
For paddlers,
this is fantastic news because it gives extra bite to the
long standing common law right of access to water in Scotland.
We can feel more confident that paddling is a perfectly legitimate
activity and sits equally alongside other water activities,
and feel more able to stand our ground when challenged unreasonably
by landowners. We should also hope that with the help of local
authorities, there will be the removal of the “no canoeing”
signs that fetter some of our rivers and lochs, and a greater
possibility of resolving some of our long standing access
issues.
Key
Amendments
Significantly
the issue of educational and commercial access has been satisfactorily
resolved, and although the wording of the Bill is rather obtuse
(it could do with a plain English rewrite!) it is clear that
educational activities, guiding and instruction – whether
private, charity, trust funded or public sector - will all
fall firmly within the right of access. This was backed up
by reassurances from the Minister, Ross Finnie on this point.
Also unequivocally chucked out was the power for local authorities
to prevent access during the “hours of darkness”,
the so-called curfew clause. The Bill allows for a right of
access to structures such as launching sites, canalised embankments
and weirs, amongst other land based structures. It was also
made clear that land set out for recreational use (which is
exempt from the right of access) does not include fishing
beats, grouse moors etc. and is intended only to apply to
sport fields, cricket pitches etc. It is worth re-iterating
that the right of access does not apply to motorised access
– there is not a right to drive a car onto private land
or tracks, or to use a jet ski on Loch Tay.
Thanks
to lots of people
The benefits
of small organisations working together to pursue a common
cause were apparent, and credited by Pauline MacNeill MSP,
Convenor of the Justice 2 Committee. MSP’s found the
recreational and environmental lobby well organised and well
informed, and in this the SCA found itself working closely
alongside the Ramblers, the Mountaineering Council of Scotland,
Scottish Environmental LINK and others. Likewise the Scottish
Canoe Association found the MSP’s and committee members
very approachable and open to discussion. On several occasions
the intricacies of access to water were discussed over lunch
in the Parliamentary canteen! All this and the eventual willingness
of the Executive to modify and adapt the Bill to reflect the
conclusions of consultation and debate, means that we really
have got a quality piece of legislation. Not least big thanks
have to go to all paddlers who wrote or raised concerns with
the Bill within their constituency or direct to the Executive.
When we look back to the original Bill of 2001, which contained
‘horrors’ such as landowners right to suspend access
rights, or the exclusion of commercial concerns, then I think
we have to recognise that it was ultimately the force of public
opinion that resulted in their removal.
Fran Pothecary
SCA Access
Officer
24th January
2003
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