Minutes of the Caithness Local Access Forum Held in the Mowat Room,  Assembly Rooms, Wick on Monday, 16th  January,  2006

 

Present:

 

Mr Ken Butler (Chairman)
Mr William Bruce (Vice Chairman)
Mr. William Beattie
Mr. Peter Blackwood
Mr. Steven Fraser
Councillor John H. Green 
Mr. David Hall
Mr  Terry Keatinge,
Mrs. Elena Koponen-Baikie
Mr. David Shaw,  S.N.H
Councillor Graeme M. Smith

 

In Attendance:

 

Mr Geoff Robson, Head of Environment, The Highland Council
Mr David Barclay, Access Officer, The Highland Council
Mrs Fiona Sinclair, Area Solicitor/Administrator, The Highland Council (Clerk)

 

 

1. Apologies for Absence

 

Apologies for absence were received from Robert Coghill, Gail Baker, George Walker,  Chris Hobson and Adam Streeter-Smith.

 
2. Chairman’s Remarks

 

(a) The Chairman welcomed David Shaw, the new S.N.H. representative,
(b) He referred to the publication of the Access Strategy and the requirement to comment on the Consultation Document by the end of  February,  
(c) With reference to the recent presentation on the Care Management issues, he suggested that there was a requirement to discuss signage for deer land managers.  At the suggestion of David Barclay it was agreed that this matter would be considered further in June.

 

3. Minute of Last Meeting

 

The Minute of the Meeting held on 14th November, 2005, and the actions arising were approved.

 

4. Presentation by P.C. George Ewing, Wildlife Crime Officer

 

The Chairman introduced P.C. George Ewing, the Wildlife Crime Officer, with Northern Constabulary, based in Wick.      P.C. Ewing explained that he would address the meeting on the Land Reform (Scotland) Act, 2003, in so far as it caused any Police involvement particularly in relation to irresponsible behaviour and criminal offences which might arise.

 

He referred to the requirements to exercise access rights responsibly, respecting the privacy of others.   He said that people should take responsibility for their actions, helping others to work safely, caring for the environment, keeping dogs under control and taking care when organising an event.  He said that the kind of offences which might arise from the exercise of access rights are breach of the peace, vandalism, culpable and reckless fire raising, offences under the Trespass (Scotland) Act 1865, litter offences under the Environmental Protection Act 1990, offences under the Anti-Social Behaviour (Scotland) Act, 2004, and the offence of driving a car on moorland or other land which is not a road with lawful authority under Section 34 of the Road Traffic Act, 1988.  He explained that further criminal offences created by statute are listed in Annex 1 of the Scottish Outdoor Access Code.

 

In response to questions from Members,  P.C. Ewing  explained that the prosecution of  offences is a matter for the Procurator Fiscal who acts in the public interest.      He said that there can be difficulty in obtaining corroborated evidence of  offences and that there may be reluctance on the part of witnesses to go to Court.   

In response to questions regarding the presence of dogs near sheep P.C. Ewing explained that, if a farmer has reason to believe that his livestock were being worried by a dog, he is entitled to shoot the dog, provided he notifies the Police immediately afterwards.     He said that instances of sheep worrying should always be reported to the Police.  

 

The Chairman thanked the policeman for his attendance at the meeting.

 

5. Access Officer’s Report

 

Mr. Barclay advised that matters had been relatively quiet since the last meeting of the Forum.  There would be no report on individual access complaints until he had spoken to the individuals concerned. Information from the National Access Forum would be circulated around the Group.

 

With regard to the Scottish Executive Environment and Rural Affairs Department (SEERAD) access scheme, he advised that certain issues in relation to access works potentially grant funded under Option 15 (improvements to public access) of the Land Management Contract Menu Scheme had arisen.  This is a SEERAD managed scheme open to farmers providing assistance for path maintenance and associated works.  It is suggested in the literature supporting this scheme that the Local Authority Access Officer be approached for comment by the applicant.  However, this is not mandatory.  It was noted that the access officer has not been approached in the majority of cases. 

 

Mr. Robson explained that the Land Management Contract situation is being considered under the Chairmanship of  Paths For All, and said that the local authorities and access officers will be consulted on any paths in Caithness as part of  Phase II of the scheme.

 

6. Access Strategy Document

 

Mr. Robson outlined the  aims and objectives of  this strategic document.    Forum Members welcomed the document, but pointed out that there is no definition of “responsible” access and nothing in the document about enforcement.    

 

David Barclay explained that he has been consulted by the local planning officials regarding aspects of  access in relation to new developments, and that there is a mutual learning curve in connection with the new legislation.  Planning lists are reviewed by the access officer weekly with comments begin forwarded by the access officer to planning officials.  

 

7. Liaison Between National and Local Access Forums.

 

Mr. Butler said there were a number of  key questions.

 

1. Should there be a Local Access Forum representative on the National Forum?
2. Should there be an Access Officer on the National Forum?
3. Should a Member of the National Forum regularly visit local Forums?

 

Mr. Robson explained the logistical problems of the National Access Forum liaising with the forty Local Forums and said that the Representative  User Groups were often part of  bigger bodies which linked into the National Forum.

 

The Meeting agreed that it would be useful to have a professional Access Officer on the National Access Forum and that the Local Access Forum has a number of links to the National Access Forum.

 

8. Progress with Tasks

 

1. Stakeholders.

The Chairman reminded the Forum to advise David Barclay of any potential stakeholders.   

 

2. Core Paths.

David Barclay explained that the initial idea has been rolled out in Skye and Lochalsh.      At meetings in  that area local people had been asked to mark regularly used paths on  maps.      He said that he had come up with a list of potential locations in Caithness and said that he would like to discuss how he could best get the message across.     He suggested a number of  locations for face to face  meetings with  displays including Wick,  Thurso, Halkirk, Dunbeath, Lybster, Watten, Reay, John o’ Groats, Castletown, Keiss and Dunnet.      He suggested that he would send out a flyer with the local press, in order to ensure that the message had spread well prior to the meeting where the map and questionnaires would be available.       He said that the face to face meetings were planned for April and that the dates, times and locations of these meetings would be available in time for the March meeting of the Forum.

 

3. Public Relations Strategy.

Mr. Robson advised that there had been no progress on this.

 

4. Code of  Conduct

Mrs. Sinclair advised that the Draft Code of Conduct is being considered on a Highland wide basis.  It had been circulated among her colleagues and that comments were awaited.

 

9. Future Programme

 

Mrs. Sinclair circulated a draft Schedule of  Meetings.     It was noted that Thurso Town Hall will no longer be available after 20th February, due to the refurbishment plans, and the Meeting agreed to re-locate in the Ross Institute in Halkirk.       It was provisionally agreed that future meetings would take place as follows:

 

20th  March – Ross Institute, Halkirk
19th June – Assembly Rooms, Wick
21st  August – Ross Institute, Halkirk
23rd October -  Assembly Rooms, Wick
11th  December – Ross Institute, Halkirk

 

It was suggested that a visit to South Head take place on the afternoon of 19th June and that David Barclay would make the necessary arrangements.   

 

Mr. Robson reminded Members of the meeting of the Pan-Highland Access Forum which will take place on 7th April in the Highland Council Chamber in Inverness.  This will be a daytime meeting. 

The Chairman reminded Members that this was Terry Keatinge’s last meeting of the Forum, and thanked him for his contribution to date.

 

The Meeting closed at 9.25p.m.