Wildlife is “suffering” from Scotland’s lenient right to roam laws and access needs to be limited until nature is more fully understood, campaigners say.
Patrick Galbraith, the author of Uncommon Ground, a new book on countryside access, argued that in areas where wildlife is at risk of extinction or damage, members of the public and their dogs should have their right of way restricted.
In one example, Galbraith cited a farmer near Loch Earn who claimed his life had been blighted by campers, including trees being pulled down for firewood, and other associated problems such as gates being left open.
“It’s pretty shocking. Scotland is very reliant on tourism but you have situations where last year a wild camper created a fire that spread into one of Scotland’s biggest wildfires,” Galbraith said.
Scotland’s right to roam policy diverged from the more stringent laws, which apply to the rest of the UK, in 2005. Under the Land Reform (Scotland) Act 2003, the public has the right to be on, and to cross land, for recreational purposes.
In England, blanket access to roam is allowed only on “open access land’’, including mountains, moors and heaths.
But some campaigners have argued that laws in England and Wales should be made more liberal like those in Scotland.
Marion Shoard, a conservationist and activist who wrote the book A Right to Roam in 1999, which proposed broader access to the countryside across the UK, told BBC Radio 4’s Today programme: “It’s about getting access to the environment and all that means, not just nature.
“But it’s also a basic philosophical thing. I think that land isn’t like other things you can own like a laptop, it’s something that belongs to us all — no man created the land and all the wonderful things on it.”
The Scottish Outdoor Access Code restricts access only to land that is next to dwellings, farm buildings, schools and other man-made structures. The code says the public should respect the interests of others, care for the environment, and take responsibility for their own actions.
Galbraith said: “There are parts of Scotland where access doesn’t cause much of a problem and some areas where it does but it’s frustrating that people in England hold Scotland up as an example.
“Ultimately, the rest of the UK should create a similar situation in terms of better access but learn from the issues this has created in Scotland — wildlife is suffering in part from public access so it’s how we mitigate that and teach people about nature.”
Galbraith said that for certain species, such as the capercaillie, a large grouse that is already endangered, public access could be “the final nail in the coffin”.
In autumn last year NatureScot and the Cairngorms National Park Authority launched an emergency protection plan for the birds following predictions that they could go extinct within 30 years. It advised the public to avoid capercaillie between March and September.
Dee Ward, owner of Rottal Estate in the Angus Glens and chairman of Scottish Land & Estates, said: “Every year, over five million day trips are made to Scotland’s rural estates, underscoring the immense value of access to nature. The vast majority of people do enjoy the countryside responsibly even though pressures have increased in recent years with the rise in staycations and following the Covid-19 pandemic.
“Land managers have encountered incidents of damage and irresponsible behaviour — such as littering, wildfires, and disturbance to livestock and wildlife. However, in many ways these issues are about education and enforcement rather than the access rights themselves.”
Rhianna Montgomery, policy manager at NFU Scotland, which represents farmers, said: “The Scottish Outdoor Access Code is now in its 20th year. This would be a great time to review the code.
“Our members consistently report access issues, particularly in relation to dog attacks on livestock. It is important that the code accurately reflects current legislation and ensures that all access takers are aware of the need for them to act responsibly.”
NatureScot, Scotland’s nature agency, said it understood concerns about the impact on the environment, and added: “The right to responsible access is a cornerstone of Scotland’s outdoor heritage but it comes with obligations for everyone involved.”
The Ramblers, a walking charity, said the claims made by Galbraith about damage to the land did not match its experience.
“Right now, there is a groundswell of support for people having better access to nature across Britain. We’ve heard the author [of Uncommon Ground] making claims about the extent of damage caused by walkers in Scotland. These simply don’t reflect the experience of Ramblers Scotland or its diverse range of partners that are helping people walk north of the border,” a spokesman said.
