WE agree with Alistair Barclay’s support for more camping facilities in Loch Lomond & The Trossachs National Park (Letters, October 28). The national park admits that most of the anti-social problems arising from some camping activities are caused by a lack of camping infrastructure and this is the nub of the problem, along with the lack of enforcement by the police of the criminal law in the national park when serious offences are being committed. We believe that outdoor recreation groups and community councils should work together to develop a camping plan for the whole park, under the leadership of the national park authority
However, we don’t agree with Mr Barclay’s support for proposed camping by-laws. These proposals would expose responsible and otherwise innocent citizens to criminal charges when camping in the national park in areas where by-laws applied, even if they were abiding by the requirements of the Scottish Outdoor Access Code. There is already existing legislation designed to combat the problems it’s hoped the by-laws will address, such as littering and anti-social behaviour. By-laws should only be used as a last resort when all other measures such as camping provision have been implemented and their impact subsequently assessed.
More camping facilities are unlikely to be established, however, while local landowners appear to be refusing to co-operate unless by-laws are in place on other land to prohibit informal camping, even when done in accordance with best practice. We therefore encourage the Minister, Dr Aileen McLeod, to be bold in her decision and take account of the ambition inherent within the current land reform debate to uphold the public interest in land, for example by the use of compulsory purchase powers to secure land for campsites.
Helen Todd, Policy and Campaigns Manager, Ramblers Scotland; David Gibson, CEO Mountaineering Council of Scotland; Eddie Palmer, President, Scottish Canoe Association,
Caledonia House,
1 Redheughs Rigg, South Gyle, Edinburgh.
ALISTAIR Barclay is wrong in his claim that there is "no danger of" the proposed Loch Lomond and Trossachs by-laws criminalising responsible citizens. The proposed by-laws now before the Minister for the Environment, Aileen McLeod, clearly state "any person who contravenes any of these bye laws shall be guilty of an offence". The new offences include camping, sleeping in vehicles or any other form of shelter overnight and refusing to give your name and address to Park Officers or anyone authorised by them.
The real agenda of the National Park Authority, however, goes much further than the current by-law proposals. It was set out in 2013 in its submission to the Land Reform Review Group, whose recommendations led to the Bill currently being considered by the Scottish Parliament. In this it proposed amending access rights and the Scottish Outdoor Access Code to create a ban on camping close to roads throughout Scotland. The review group explicitly considered and rejected the Park’s proposals. The current by-law proposals are simply an attempt by the National Park to criminalise campers by the back door.
In 2003 the Scottish Parliament decided there should be a public right to camp or use any other form of temporary overnight shelter so long as this right was exercised in accordance with the Scottish Outdoor Access Code. The Parliament included land close to lochs, rivers and roads within this right to ensure that everyone, of whatever age and mobility, could enjoy this experience. To achieve this the Parliament used the Land Reform (Scotland)Act 2003 to repeal a section of the Trespass (Scotland) Act 1865 which had previously been used by landowners to remove anyone who they did not like camping on their land
The decision before the minister is whether she wishes to take land reform back to 1865 . In doing so she should consider human rights and whether Scotland real wants bye-laws which, if we were in Eastern Europe, would have criminalised not just outdoor recreationists but all those refugees sleeping by the roadside.
Nick Kempe,
23 Queen Square, Glasgow.
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