Trouble brewing over trespass law

Opposition grows to Sewel motion allowing Westminster to legislate for restricted areas

News, 27 January 2005

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The Scottish Executive is facing growing criticism of its agreement to allow Westminster to override the new right of access to land contained in the Land Reform Act (Scotland) 2003.

MSPs from the Liberal Democrats as well as the opposition parties are warning of their opposition to a Sewel motion, to be debated next week, which would confer significant powers on Scottish and London Ministers to exclude land from public access.

Under the Serious Organised Crime and Police Bill, royal and Crown land could be designated by the Scottish Ministers as off limits to walkers and others seeking to exercise the right of access. The Land Reform Act was amended during its passage to remove an exclusion for some royal properties, and MSPs are objecting to it being reimposed by the back door.

A further power in the current bill would allow the Home Secretary to designate any site in the UK as restricted access "in the interests of national security". Breach of a restriction order could result in a prison term of up to 12 months.

Sewel motions have become controversial as they are increasingly being used by the Executive to allow important matters to be legislated at Westminster in bills passed for the UK, even when the Scottish Parliament would have competence.

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