Dear Cabinet Secretaries, – For some time, the Land Reform (Scotland Act) 2003 has given me great concern, especially the section concerning access to the countryside.

This has come to a head over the last 12 months with the significant increase in the number of livestock worrying cases that have been reported (though, as we know following The Scottish Farmer's survey, almost half of all cases go unreported).

At this time, the industry faces its worst ground conditions due to the late spring and no grass growth and a lack of fodder due to the weather conditions last summer. These add to the uncertainties of Brexit.

Thus, the last thing a sheep or cattle farmer needs is to find that his livelihood has been decimated by the action of a few irresponsible dog owners.

Since the Act was introduced, cases of sheep worrying have risen year on year. This is not the fault of the Act, as I am fully behind it. Responsible access in the countryside gives us an ideal opportunity to present our shop window and allow the public to get a better understanding of how their food is produced and where it comes from.

My problem is with the support document that goes with the Act and that is Scottish Outdoor Access Code. This is something that the industry fought long and hard to get right.

I should know, as I was one of the industry representatives that sat around the table negotiating its content.

In the end, the farming representatives were not happy with a lot of the content but were given the assurance that a review would be conducted 18 months after the launch of the code to re-address any problem that arised for the farming industry. Twelve years down the line, this has still not been carried out!

Now you may say that the opportunity has never arisen to re-look at the Scottish Outdoor Access Code. Well, I am afraid that this is not the case and I will give two examples that I have taken up where the code could have been reviewed.

1), After being involved with NFUS, Paths for All, Perth and Kinross access forum and a local charity TRACKS, I decided to stand as chair of the National Access Forum in 2012. One of the commitments I gave, if successful, was to review the Scottish Outdoor Access Code within the first year of office. I was unsuccessful and a board member of SNH became chair.

2), In 2016, when the Scottish Government decided to review the Land Reform (Scotland Act) 2003, I replied to the consultation asking that the access part be looked at, especially the code. Again the review of the Scottish Outdoor Access Code did not take place.

There are many parts of the Access Code that need to be reviewed, but with regards to livestock in enclosed land, this is of greatest concern.

At present, as you know, the access taker has not got the 'right to roam', but has the 'right of responsible access'. This means when the access taker arrives at a gate, or fence they have to make a decision.

If they enter an enclosure that has sheep or cattle in it, are they acting responsibly? All they see is sheep and cattle and not pregnant ewes, ewes and lambs, store lambs, fattening lambs, cows with calves, cows with bull etc, and so proceed to cross the enclosure, sometimes alone or with dog on or off a lead or as a family with dog and children running free.

This is where the problems arise. An animal's first instinct is to protect its young, or in a sheep’s case, start to run and then the dog thinks it’s fun and its hunting instinct kicks in. Before you know it you have three or four mauled sheep and others with lasting effects.

This is a farmer’s factory floor and for too long we have had to put up with a few irresponsible access takers spoiling it for the many responsible users. Their actions also affect the bottom line of the farmer.

Can I ask that this is something that you both consider seriously and bring forward the review of the Scottish Outdoor Access Code with immediate effect before much more damage is done?

The continuing incidences of sheep worrying that has been highlighted in The Scottish Farmer and other press, is souring the farming communities embracement of the rights of access in the countryside and, if this continues, it will put us back to pre-2005 with locked gates and barbed wire all over the place.

I look forward to your reply.

George T Lawrie

Grianan,

4 Kellieside Park,

Kinross.