MSPs call for review of right to roam
14 Jun 07
Concerns that sheriff's decision undermines legislation in the wake of Ann Gloag case
MSPs have called for an urgent review of the right to roam legislation, following a court's decision to allow the Stagecoach tycoon Ann Gloag the right to close off 12 acres of her estate to walkers.
At Perth Sheriff Court on Tuesday, Sheriff Michael Fletcher allowed Mrs Gloag to stop ramblers entering parts of her land at Kinfauns Castle. The Ramblers Association, which contested the case, said it would be taking legal advice as to whether or not to appeal against the decision.
Rhona Brankin said Labour members of the Rural Affairs and Environment Committee would be raising the issue at the committee's first meeting to examine whether the judgment fundamentally undermined the intentions of the Land Reform Act.
She added that the Labour Party wanted law officers to issue advice to sheriffs stressing the importance of the outdoor access code, which must be taken into account when considering other such cases.
Perth MSP Roseanna Cunningham said she was extremely concerned that the sheriff seemed to have "blithely set aside" the right to roam.
During First Minister's questions, Alex Salmond indicated that the Executive would act if it thought it necessary to achieve the policy behind the Act, but that it would await the result of any appeal before deciding whether this was necessary.
In his judgment the sheriff said the Act took a more liberal approach to the amount of land to be excluded in order to protect the landowner's privacy than the Ramblers Association had contended for.