SPORT NORTHERN IRELAND

Transcription

1 SPORT NORTHERN IRELAND RESPONSE FROM SPORT NORTHERN TO THE DRAFT FOREST SERVICE BYELAWS ISSUE DATE: 21 ST JUNE 2011 This document is available in other accessible formats on request and on-line at

2 CONTENTS PAGE 1 INTRODUCTION 3 PAGE 2 BACKGROUND TO SPORT NORTHERN IRELAND 3 3. GENERAL COMMENTS 4 4. SNI RESPONSE TO CONSULTATION ON THE BYELAWS CONTACT DETAILS 11 2

3 1. INTRODUCTION 1.1 This paper provides Sport Northern Ireland s (SNI) response on the draft Forest Service Byelaws currently under consultation by the Department of Agriculture and Rural Development (DARD). 1.2 SNI welcomes the opportunity to comment on the draft Byelaws particularly as it has the potential to impact on Sport Matters the Strategy for Sport and Physical Recreation as well as the new Strategic Action Plan for Outdoor Recreation in Northern Ireland currently being developed. 2. BACKGROUND TO SPORT NORTHERN IRELAND 2.1 Sport Northern Ireland is a Non-Departmental Public Body (NDPB) of the Department for Culture, Arts and Leisure (DCAL) and is charged with the development of sport in Northern Ireland. DCAL s vision is of: a confident, creative, informed and vibrant community. 2.2 DCAL intend to realise this vision through the development of policies and resources to: Protect, nurture and grow our Cultural Capital for today and tomorrow (DCAL Mission). For DCAL, Cultural Capital is manifested in three ways: People the creators and consumers of Cultural Capital, including sportswomen and sportsmen; Infrastructure the physical spaces within which culture is created and enjoyed, including sports grounds; and Products and Services our cultural output, including sporting success. 2.3 Sport Northern Ireland s vision is embedded in DCAL s vision: A culture of lifelong enjoyment and success in sport which contributes to a peaceful, fair and prosperous society. In practice, this means SNI designing and implementing programmes and partnerships that will contribute to the following strategic objectives: increased participation in sport and physical recreation; improved sporting performances; and improved efficiency and effectiveness in the administration of sport. 2.4 Sport Northern Ireland s business and the development of sport and physical recreation in Northern Ireland is dependent on an infrastructure of people, organisations and facilities, all of which need to be grown and sustained in the longer term. 3. GENERAL COMMENTS 3

4 SNI recognises that land owning organisations like Forest Service and Local Authorities feel the need to develop byelaws in order to manage and police what takes place on the land that they are custodians to the public for. However, in general, byelaws are very difficult to manage and police and it is very rare that anyone contravening them is brought to prosecution. Therefore in general SNI believes that voluntary management arrangements and codes of conduct are a better tool for managing issues with respect to recreation. The current Programme for Government has highlighted five key strategic and interdependent priorities as follows: growing a dynamic, innovative economy promote tolerance, inclusion and health and well-being protect and enhance our environment and natural resources invest to build our infrastructure deliver modern high quality and efficient public services SNI has concerns that some of the Byelaws created will be a retrograde step in the delivery of these aims. Northern Ireland lags woefully behind the rest of the UK in terms of access to the natural environment for sport and recreation, with Scotland leading the way. This has been clearly articulated by Scottish Executive as desire to improve health and well being, as well as economic growth through outdoor recreation. SNI believes that the creation of some of these byelaws is a step away from modern thinking in high quality public services in other parts of Europe and will not promote tolerance, inclusion, health and well being. In Sport Matters there is a high level target to create new public policy frameworks for increased access to public land. This strategy has been signed up to by the NI Executive and includes a role for all departments including DARD. Each department was extensively consulted with, and signed up to, the high level targets articulated within Sport Matters. SNI believes that the execution of these byelaws, as currently proposed, runs counter to the strategy and policy position of Sport Matters, which DARD have previously and explicitly endorsed. While SNI welcomes the new legislation that permits access for pedestrian activity on forestry land SNI believes that: a) This does not go far enough and that access should be for all forms of sustainable and responsible recreation. b) These byelaws give Forest Service the option to take away the right of access in a great variety of situations which, if desired could significantly reduce opportunities for recreation in forests. 4

5 4. SNI SPECIFIC RESPONSES TO CONSULTATION ON THE BYELAWS 4.1 Access to forestry land 5 (1) The right of access granted under section 31(1) of the Act is excluded between sunset and sunrise. Sport Northern Ireland fundamentally disagrees with this byelaw. Sport NI assumes that the rationale for this Byelaw is to stop anti-social and/or illegal activities but it is felt that these activities are curtailed by other byelaws or by other legal statutes. If these byelaws are to allow Forest Service staff to control deer through culling this can be managed through information and notices. This is done elsewhere very successfully in the UK. This will be very difficult or even impossible to manage or to police and will restrict opportunities for responsible sport and recreation in Forests. There is a considerable period of time between sunset and darkness particularly in spring, summer and autumn and many people will be out walking, cycling or running in the evening and will inevitably be out in dusk after the sun has actually set. In winter many people will try to fit in a walk, cycle or run after work and again this may result in them finishing this after sunset and thus contravene the byelaw. Again particularly in winter people may choose to make use of a forest for exercise first thing in the morning and will usually start this before the sun has risen. There is no reason why people should be restricted from forests at night time as they provide opportunities for people to experience dark skies and tranquillity that can only be gained at night. Responsible access does not need to be restricted to day time. (2) The right of access granted under section 31(1) of the Act does not apply in relation to a. any area where the Department has identified a health and safety risk, including harvesting of trees, use of chemicals and construction works; SNI believes that the words significant works induced or man made should be added in front of health and safety risks as there are many natural health and safety risks throughout the 5

6 forests. b. any area where the Department is carrying out protection and management of wildlife, wildlife habitats or flora and fauna; SNI does not believe that this is necessarily a reason to restrict public access. Responsible access can go hand in hand with wildlife management and in reality if we want to be serious about wildlife protection then we must engage with the public and inspire them to want to protect and conserve important sites and species. Again this has been done very successfully in other parts of the UK for example the Osprey project at Wynlatter Forest Park. Byelaws 2 (c) and (d) would appear to be appropriate. 3 A person shall not (a) enter or remain on forestry land between sunrise and sunset unless permitted by the Department; SNI for reasons as stated above strongly disagrees with this byelaw (b) enter or exit forestry land except through a gateway or other access point provided by the Department; SNI does not agree with this byelaw as in upland areas people may move from open land to forestry land (which may in itself be open land) very easily. 4.2 Protection of Property SNI fully agrees with byelaw 6 regarding the protection of property. 4.3 Protection of Forestry Land and wildlife SNI fully agrees with byelaw 7 regarding the protection of forestry land and wildlife. SNI is very supportive of 7(b) which allows for the picking of berries, fruits and fungi for personal use. 4.4 Protection of the Public SNI is supportive of byelaw 8 regarding the protection of the public however, the wording of 8(e) is not clear and we would suggest this being amended as follows: 6

7 8. A person shall not 1. Consume intoxicating liquor to the extent that they act to the danger of, or so as to give reasonable cause for annoyance to, any other person. SNI has no objections to byelaw 9 relating to noise 4.5 Protection General 10 (1) A person shall not light any fire or stove other than a proper barbeque or camping stove. The barbeques and camping stoves referred to in paragraph (1) may only be lit ii. in designated areas; and iii. in such a manner as to safeguard against damage or danger to any person, wildlife, building, structure, tree, shrub or vegetation. SNI does not agree that camping stoves can only be lit in designated areas as this will restrict the opportunity for wild yet responsible and sustainable camping in upland, open and also forestry areas. SNI is however supportive of barbeques only being lit in designated areas as the risk of fire and damage from these is much greater than that from camping stoves. 4.6 General management 11(c) organise any event, show or exhibition without the permission of the Department It would be useful to provide some guidance as to what constitutes an event. Is a walking club outing with 20 people an event? Is a church BBQ with 50 individual families an event? Is a walking club outing with 100 people an event? (d) operate any aircraft, glider, hot-air balloon, boat, raft or craft of any kind, including any model versions, on forestry land; SNI fundamentally and strongly disagrees with this byelaw. A number of years ago Forest Service opened up Castlewellan Lake to canoeists and this has proved to be very a popular and important site for recreation. SNI has crated a policy position paper on access to the natural environment for sport and physical recreation. Within this policy SNI has stated that it believes that there should be a statutory right to inland waterways for non motorised water craft as is the 7

8 case in the marine environment. (e) There are a number of small ponds in forests that could provide opportunities for children to play with model boats and there is no reason for this to be prohibited. SNI does not disagree with the prohibition of aircraft in forestry land. SNI is concerned that there is no option of doing some of these activities with the permission from the Department. Should there be an exception to the rule on aircraft for rescue services? However, SNI would be supportive of restricting mechanically powered craft from waters within forestry land to only be operated with permission bathe or swim in any waters on forestry land without the permission of the Department; SNI does not believe that there is any need to expressly forbid swimming and bathing on forestry land. People are free to swim and bathe in the marine environment and the responsibility for their safety and welfare clearly rests with themselves. The Tomlinson case very clearly shows that a landowner does not have a responsibility for a person who chooses to participate in an activity where the risks are clear and apparent. Wild swimming is an increasingly popular activity and does not need to be curtailed by this byelaw. 4.7 Camping 12. A person shall not erect a tent or use a vehicle, caravan or any other structure for the purpose of camping unless (a) with the permission of the Department; and (b) in an area designated for camping. SNI recognises that there can be serious problems associated with camping and anti-social behaviour especially linked to alcohol consumption. However, there are many people who enjoy true wild camping and who act totally responsibly and follow Leave no Trace principles. This byelaw means that there would be no such wild camping on forestry land including that which is on the fringe of upland or is in fact open land. 8

9 For information on how Scotland is managing wild camping through the Outdoor Access Code visit Vehicles SNI does not disagree with 13(1) regarding mechanically propelled vehicles. (2) A person shall not ride a cycle other than in an area designated for cycling. SNI fundamentally and strongly disagrees with this byelaw. The Land Reform (2003) Scotland Act allowed for any form of responsible recreation on all land (not just publicly owned land). The proviso to a right of access was acting responsibly. Scottish Natural Heritage who was instrumental in bringing in this law, created an Outdoor Access Code which clearly defined what responsible access means. If this byelaw is being brought in to stop a few rogue mountain bikers who show no regard for the well being of other forest users SNI believes that this is a wholly inappropriate tool for doing so. As the Executive is trying to create a healthier society quiet forestry roads provide an ideal venue for family friendly and community based cycling where the users are considerably safer than on the public highway. This byelaw in particular is a very retrograde step and is completely out of tune with modern and efficient public services thinking in other parts of the UK and Europe. SNI would suggest that responsible behaviour is covered elsewhere but if there is a desire to be specific about cycling could be modified to: (3) A person shall not ride a cycle in a manner that: Has a negative impact on the safety and/or enjoyment of other users of the forests Has a negative impact on the natural environment or forestry operations. 4.9 Games and play activities SNI has no objection to this byelaw Fishing A person shall not cast a net or line for the purpose of catching fish except in an area provided for fishing. 9

10 SNI is concerned about the term of casting a net, which would generally, it is assumed, be an illegal way of catching fish. While designated zones for casting are recognised as being one way of managing conflict with other users especially for fly fishing SNI does not believe that this is the only to manage behaviour. Therefore, SNI does not believe that anglers should only be restricted to specific zones within a suitable piece of water for fishing. Therefore SNI believes that this byelaw should read as follows: A person who is angling shall only cast a line with due care and consideration for other forest and water users Dogs, horses and other animals SNI has no objection to byelaw 17 regarding the proper control of dogs. However, there does seem to be some contradiction between byelaws (a), (b) and (c). SNI recognises that dogs out of control can be a significant nuisance to other users and wildlife but this byelaw will be very difficult to implement and police. 18. A person shall not (a) bring or allow a horse to remain on forestry land unless permitted by the Department; (b) lead, walk or ride a horse, except on designated routes and as permitted by the Department; SNI fundamentally and strongly disagrees with both of these byelaws. In Northern Ireland there are very significantly less public rights of way and bridleways than any other part of the UK and this byelaw will further restrict opportunities for off road horse riding in Northern Ireland (see table below for comparison) Country Total size in square miles Miles of rights of way Length of rights of way per square mile England c. 50,000 sq miles 118,000 miles 2.36 miles Wales c. 8,000 sq miles 20,625 miles 2.58 miles Scotland * c. 30,000 sq miles 9,375 miles 0.31 miles N. Ireland c. 5,500 sq miles 123 miles 0.02 miles * Although Scotland has a low number of rights of way the Land Reform (Scotland) Act 2003 provided a right for responsible non motorised access to almost all land in Scotland. There should be a right to responsible horse riding on all forestry land save for where there would be restrictions due to felling operations or other events. 10

11 A useful guide is to be found at which was jointly produced by the British Horse Society and Scottish Natural Heritage. SNI believes that Byelaw 18 (c) whereby a person shall not lead, walk or ride a horse in a manner which is unsafe or likely to give reasonable cause for annoyance or alarm to other persons is entirely appropriate and if this is done there is no need for byelaws 18 (a) nor (b). 6. CONTACT DETAILS 6.1 For further information contact: Mike McClure Outdoor Recreation Development Officer c/o Tollymore National Outdoor Centre Hilltown Road Bryansford CO. Down BT33 0PT Tel: mikemcclure@sportni.net 11