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Salmond hints at right-to-roam reform following Gloag’s victory

ALEX Salmond hinted yesterday that the new SNP government might have to legislate to reform right-to-roam laws following Ann Gloag’s success this week in preventing the public from entering a large section of her land.

The First Minister told MSPs that new legislation might be needed to correct “deficiencies” in the law. But he stressed this would only happen if there was clear evidence from the courts that the current legislation was not working.

Mrs Gloag, the Stagecoach founder and one of Scotland’s richest people with an estimated fortune of 395 million, was the first landowner in Scotland to seek exemption from the right-to-roam laws.

This week, in a landmark judgment, she was given permission by a sheriff to prevent the public from entering a sizeable chunk of land around Kinfauns Castle in Perthshire.

Her victory focused attention on the Land Reform Act, the legislation enshrining the right-to-roam laws, which featured a presumption of public access to all land in Scotland unless there was a good and clear reason for people to be barred.

Mrs Gloag’s victory prompted calls from ramblers and other countryside campaigners for the law to be tightened to protect the rights of walkers and to prevent landowners from closing off their land to the public.

Yesterday Mr Salmond was asked about his views on Mrs Gloag’s court victory during First Minister’s Questions.

The First Minister said he had read a summary of the sheriff’s opinion and urged other MSPs to do the same.

“What we have at the moment is a sheriff’s opinion,” he said. “There’s an indication from the local council that they’re going to take the matter to appeal and then we’ll get a determination.”

Another case was ongoing at Stirling Sheriff Court which affected the same issues, he added.

“What I suggest we do is at least wait until the case gets to the court of appeal and look at whether this judgment points to serious deficiencies in the structure of the previous act.

“If it does, and if that builds up with case evidence, then and only then should the parliament look to see if there are any further legislative changes required to repair the deficiencies which may exist in an act passed by the previous administration.”

The First Minister made it clear he was not looking to bring in new legislation unless it was necessary but he also signalled his support for a new act if that was what was required to protect the interests of walkers.

A senior Executive source said that ministers wanted to see what happened to the Gloag appeal and also wanted to hear the results of other court cases.

Ian McCall, campaign and policy co- ordinator for Ramblers Association Scotland, said he hoped the Executive would take action, if it was necessary.

“If we were finding that the courts were making decisions that were undermining the intent which the parliament had when it passed the act, then the parliament would want to step in and change that,” he said.

Mr McCall said the Executive might not have to amend the entire act. It might be possible to tighten the provisions by amending the Executive’s guidance, which is attached to the act - and this would not need primary legislation.

He said: “This is one decision by one sheriff and each case is obviously going to be slightly different. There is another case going forward which might have a different outcome.”