Protecting our rights through the Scottish Outdoor Access Code means inspiring youngsters to get out into the countryside
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Fifteen years since the Scottish Outdoor Access Code came into operation, Helen Todd of Ramblers Scotland looks at what the Land Reform Act has achieved and how to protect the rights and responsibilities it enshrines in future
This year we are celebrating 15 years of the Scottish Outdoor Access Code, and therefore 15 years of Scottish access rights.
The pioneering Land Reform (Scotland) Act was passed in 2003, but it didn’t come into effect until February 2005 when the accompanying code was published. This gives practical guidance on responsibilities, not only for outdoors enthusiasts but also for those who work in the outdoors and have a duty to respect access rights.
So what really changed in 2005?
Unlike the rest of the UK, public access in Scotland is based on the Scandinavian model, where everyone has the right to be on most land and inland water if they’re acting responsibly. Before 2005, most people in Scotland believed they could enjoy outdoor recreation without unreasonable constraint – just as those before them had done, through custom and tradition.
The Act cemented these traditional freedoms in law while the code created a common-sense framework to make it all work on the ground. Prior to that, if problems arose, such as “keep out” signs, without legislation there was often little authorities could do to keep routes clear.
Do statutory access rights matter?
Our access rights are a unique selling point for Scotland. I love how our rights apply to everyone travelling under their own steam, whether on foot, on a bike, a horse or in a canoe. Despite occasional problems, this is generally unchallenged.
You just have to look at arguments still raging south of the border about whether cyclists should be allowed on footpaths, or whether paddlers can get into most rivers, to realise how lucky we are.
Why is it important to celebrate access?
Many people in Scotland are rightly proud of their access rights and most have heard of the ‘right to roam’, but not all of them are aware of how to behave responsibly in different contexts, such as around livestock or at sensitive times for wildlife. I’d love everyone to appreciate and understand how access works – and feel empowered to get outdoors.
I worry that if people don’t recognise how special our rights are, they will not bother to stand up for them, and this could lead to gradual erosions over time.
For example, there have recently been calls to ban camping in parts of the Highlands due to some problems in hotspot areas. Unfortunately, a ban would also affect responsible campers and I believe we’d be better off enforcing existing laws and investing in campsites and toilets instead.
Another threat to access is austerity. Paths don’t get maintained, bridges fall into disrepair and ranger services are cut.
To counter these threats, we must celebrate the massive benefits of getting people active outdoors for health and wellbeing. There are also huge economic benefits, especially for rural Scotland, with walking tourism alone worth £1.26 billion each year to the economy.
After 15 years of the code, what’s the future for public access?
Climate change will bring challenges, with extreme weather events impacting on our landscapes and path infrastructure. Yet there are opportunities too, with more of us exploring our own country for holidays rather than flying abroad.
I feel we need to do more to ensure that young people take up the baton on access. A survey carried out by Ramblers Scotland in 2018 found younger people were less confident about where they could walk, lacked walking pals and worried that they didn’t have the skills to look after themselves.
We’re working hard to turn this around, through our Out There Award for young adults, and our growing number of dedicated young walkers groups. But ideally we should be starting from nursery age, getting children out of the classroom to enjoy themselves while also learning about nature.
It’s clear that if younger people don’t get outdoors and engage with the natural environment, we’ll be failing that generation and risking the rights that so many fought so long to win.
