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Rambler fears after Gloag victory Land Reform Act 'needs defending'
(1 day later)
The Scottish right of access to the countryside needs to be safeguarded, according to the Ramblers Association. A former environment minister has called on MSPs to defend the principles of the flagship Land Reform Act.
Holyrood will debate the land reform legislation later, prompted by fears that it has been undermined. Labour's Sarah Boyack was addressing a Holyrood debate on the impact of Stagecoach tycoon Ann Gloag's landmark court victory earlier this year.
In June the Stagecoach millionaire Anne Gloag won the right to keep people out of several acres of grounds at Kinfauns Castle - her home near Perth. The ruling exempted about four acres of land surrounding her Kinfauns Castle home in Perthshire from access.
Ramblers and the local council who challenged her said they are now facing potential costs of almost £185,000. The Ramblers Association warned that others may follow Ms Gloag's example, without fear of a challenge.
The ramblers have warned that others may follow Ms Gloag's example, without fear of a challenge. Ms Boyack said that the Land Reform Act, which brought in widespread access to Scotland's countryside, including private land, was one of parliament's most important pieces of legislation.
In a member's debate, Labour MSP Sarah Boyack will move that the judgement at Perth Sheriff Court undermines the clear will of parliament. "It was a symbolic act," she said.
Ann Gloag's legal team say that is not the case and that its consistent with the access code. "It reflected the importance of access to our land in our cultural life and identity.
Environment Minister Mike Russell said there was no evidence that the Land Reform Act was not working and that he would not rush into making changes. "It delivered public access to the countryside and the right to roam."
Public access
She also voiced concerns over the £144,000 costs now facing the Ramblers Association for bringing the case against Ms Gloag and whether this would put other public bodies off bringing in similar cases.
Ms Boyack called for public costs orders to be considered which would require an amendment to the act and protect those "acting in the public interest" to challenge access laws from being subject to excessive costs.
These currently exist in England and Wales.
Ms Gloag's legal team argued that the sheriff's decision was consistent with the access code.