New legislation could have unintended consequences for wild camping. Photo: Bob Smith/grough
The British Mountaineering Council said it is concerned about planned legislation that could criminalise wild camping.
The organisation, which represents more than 85,000 climbers, mountaineers and hillwalkers in England and Wales, said the Westminster government’s proposals to change trespass into a criminal rather than civil matter could have unintended consequences for outdoor enthusiasts.
The BMC was responding to a consultation on extending police powers to force people to move on from unauthorised encampments.
It said clarification was needed on points included in the proposals. Writing on the council’s website, access and conservation officer Cath Flitcroft said: “The intended aim of this consultation and future legislation is clearly to deter long term occupation of land – essentially travellers. The BMC would like further assurances that the legislation should not be too wide as to capture anyone but the intended targets.
“The BMC is concerned that an unintended consequence of the consultation may be to penalise those who are ‘wild camping’ or ‘van camping’ for a short period of time, and may deter those who are genuinely exercising their rights to be outdoors.
“Access to our countryside and green spaces has wide-reaching benefits from a better understanding of the natural environment to increased wellbeing and a prosperous rural economy.”
The organisation said the creation, implementation and enforcement of new powers are likely to be costly, with uncertain outcomes of monitoring and enforcement.
“Government priority should be to make our countryside and green spaces easy and accessible for all,” it said. “Promoting outdoor recreation and access to the outdoors is essential in tackling physical inactivity and the mental health crisis as well as helping to raise awareness of the value of our natural environment.”
The BMC pointed out that, while wild camping is not one of the activities allowed under the Countryside and Rights of Way Act in England and Wales, it is permitted in Scotland under the Land Reform (Scotland) Act, as long as participants comply with the Scottish Outdoor Access Code.
The BMC's access and conservation officer Cath Flitcroft. Photo: Bob Smith/grough
Legislation already in force makes it an offence for two or more wild campers to be charged with criminal trespass if they damage property or are violent or abusive when asked to leave by police. “The current proposals do not appear to have the intention to change this nor should they,” it said.
“The BMC believes that wild camping should encompass the freedom to choose where to camp, without any regulations, to be self-sufficient and to do so in a discreet and responsible manner, in wild places away from civilisation.
“Many people wild camp discreetly in our hills and mountains, following a strict ‘leave no trace’ ethic. This appears to function well in practice.”
Details of the proposals and how to respond are on the UK Government website. The deadline for submissions is 4 March.
Zeca Bridges
26 February 2020Hi there,
I think...That they need to organize camping areas, such as only one side of the mountain, for one time of year and move it to the other side for the other half of the year and so on a rotation, just like you do with cattle to save the pasture...?
Kind regards
Zeca Bridges...
Timbo
27 February 2020Amending section 61 of the Criminal Justice and Public Order Act 1994 to enable the police to remove trespassers from land that forms part of the highway will potentially criminalise people in campervans.
The proposed powers are unnecessary and draconian to resolve a problem that hardly exists.
Doddy
27 February 2020Surely the Criminal Prosecution Service taking a criminal prosecution for wild camping would be unlikely; and the costs would be prohibitive for a landowner taking a Civil prosecution.
I think the legislation is to stop Travellers, in numbers, setting up camps for days in Supermarket carparks and public parks.
Patrick Carey
27 February 2020These previous comments and responses to proposed government legislation all seem perfectly acceptable to any would-be wildcamper.But there is still no sub frame upon which to discriminate and clearly state or even protect the outdoor enthusiasts of England and Wales.Surely after quite a few years of consultation by government and related parties could by now havearrivedat a comprehensive document that could at least point to the areas of specific interest to wild campers in terms of where and what could be seen as acceptable or not.The numerous documents that have been released to date still seem to have barely touched upon this subject.Is anyone out there able to give a wild camper any legal assurance of their right to roam freely on the open territories and Woodlands where a working behaviour code already exists with responsible enthusiasts?
Josie Vallely
03 March 2020You should be standing in solidarity with Travellers against this proposal, not separating wild camping from them.
We all deserve access to the land and the outdoors, and this includes Travelling people. Who have this as part of their lifestyles for centuries. If anything they should have a stronger cultural right to this than anyone else. IM disappointed that you have chosen to divide people on this issue rather than unite across everyone who will be effected.
Phil Pridding
04 May 2021so,in view of the litter problems made by a minority of wild campers,it is inevitable some sort of restrictions would be put in place.while it may be a bind to have to buy an official permit,people should consider the inevitable result of no action to control it,which will lead to the complete banning of all wild camping,in all areas.So the question is which do they prefer,permits,or no wild camping at all?As usual ,people have brought this on themselves.Its just sad that those who do it,seem to be outgrowing those that respect the countryside,and leave no trace.