Concern over Network Rail action in Scotland
Chairman's Comments | Sunday Herald Article 27-7-03 | Letter to Scotsman |
Press Release 25-8-03 | Sunday Herald Article 31-8-03
Network Rail and
the
Scottish Outdoor Access Code
It is very disappointing that Network Rail have failed to reach agreement with SNH on what needs to be in the Code about crossing railway lines.
This dispute has been going on for over 6 months and should have been resolved by the end of October when the Access Forum completed its work on the Code. There are hundreds of crossing points currently used by walkers and Network Rail need to understand that in future, under the new legislation, walkers will expect to use any crossing point used by farm tractors or other vehicles. A crossing point that is safe for a vehicle to use should also be safe enough for a walker, although lack of maintenance over many years has left large numbers of crossing points in Scotland in a dilapidated condition.. The Code needs to explain how people can cross railway lines in a responsible way and to recommend that modern self closing metal gates are introduced, as is common practice in England.
It is vitally important that the Scottish Executive recognise this problem and make amendments to the draft Code before it is laid before the Scottish Parliament. Similarly we hope that Alistair Darling, the Transport Minister, will modify the regulations which govern Network Rail's operations to ensure that these are compatible with the Scottish land reform legislation. We welcome his recent statement to the Westminster Parliament which recognises the "over cautious" way in which safety standards have been applied in recent times to railway operations in Britain. Network Rail's attempts to prevent walkers using crossing points in Scotland that have been used for decades is an example of this and warrants early action by Mr Darling.
Comments from Alison Mitchell, Chairman Ramblers Scotland
Ramblers Scotland has become increasingly alarmed by the actions of Network Rail in closing railway level crossings in Scotland. The issue recently came to a head at Walnut Grove near Perth where a crossing has been closed without warning or consultation.
We are looking into other examples of level crossing closures at Kilchurn Castle on Loch Awe, Carnoustie, Kincardine and Kildonan.
We are pressing for a meeting with Network Rail to address this issue.
If you are aware of level crossings that have been closed without adequate consultation or consideration of alternatives please send us the details. mailto: IanM@scotland.ramblers.org.uk. This e-mail address can also be used for any queries you may have.
If the issue concerns you write to the government minister responsible: Alistair Darling, Secretary of State for Transport, Secretary of State for Scotland and an Edinburgh MP. Ask him to issue a directive to Network Rail to carry out appropriate consultation with local authorities and communities over any rail crossing with pedestrian traffic before any action is taken to curtail that use.
Alison Mitchell
Chairman
Ramblers' Association Scotland
Sunday Herald Article - 27th July 2003
Network Rail shuts gate on right to roam
Locals angry as path over train line blocked
By Alan Crawford
Down by the banks of the River Tay, a short punt from the fair city of Perth, the normally law-abiding residents of the sedate hamlet of Walnut Grove are in open revolt.
Transport police were called out last Friday to confront a small but angry band of residents as they marched down a path to the Perth-to-Dundee railway line and a level crossing which has been padlocked and nailed shut.
This is the apparently innocuous focus of a chain of events that has polarised the local community, angered the council, incensed the Ramblers' Association, raised the spectre of corporate man slaughter and left a question mark hanging over an unforeseen consequence of the Land Reform Bill.
The irate people of Walnut Grove are not alone; they are likely to be joined by similar protest groups across Scotland as Network Rail, successor to Railtrack, embarks on a review of every level crossing in the country - with a clear preference for closing them. Already there are reports of similar impasses at crossings at Kilchurn Castle, by Loch Awe; at Kincardine, on the Forth; and at East Haven, by Carnoustie.
What's more, Network Rail has suggested that if the Scottish Executive is so keen to allow ramblers the right to roam - as outlined in the access code published along with the Land Reform Bill - it should stump up for alternative, safer means of crossing railway lines.
"Somebody somewhere needs to give due consideration to the costs of this legislation," said a Network Rail spokesman.
"If people are serious about crossing live railways, the safest way is by underpass or bridge and somebody has to fund that - and it's not going to be the railway because it's not our responsibility. The responsibility must either rest with councils or central government."
The first signs of the gathering storm arrived last month, when locals who use the crossing to reach a path leading down to the river were surprised to find the gate securely padlocked.
Community councillor Roddy Brown was one of the first to find his way barred.
"The path has been there for hundreds of years. It was there before the railway when fishermen lived in Walnut Grove and used it to go down to the river. Yet this happened with no consultation with the community, no prior warning, no explanation or notice to say why there were closing it. They just did it."
A flurry of complaints was made to Perth and Kinross Council, prompting officials to notify landowners that this was a right of way. It soon became apparent that Network Rail was behind the move, but the lock remained. So the council cut the locks - only for Network Rail to replace them and nail the gate shut for good measure.
Another local resident, Stephen Windsor, takes his dog down the path seven days a week; at least he used to when the gate was open. Now he has to walk along the busy A90 road to reach a point where he can access the river, where he likes to fish.
"Network Rail might say it's doing this for safety reasons but it's putting us into other danger because of this road," he said.
The council and Network Rail are in talks. Meanwhile the gate remains shut. The council claims the path is a right of way and should not be obstructed. Network Rail maintains that under the terms of the act of parliament which established the railway in 1845, it is no such thing. In any case, Network Rail argues, level crossings are inherently unsafe and people shouldn't be waltzing over them - especially not those with up to 70 trains a day passing by.
This argument holds no sway with Dr Eileen Williams, who used to take her grandchildren along the path. "People are very unhappy, that's putting it mildly," she said. "Ours is a very local view, but if Network Rail is able to close this one, then is any crossing safe?"
Ramblers' Association Scotland director Dave Morris pointed out that rights of way are enshrined in law in England and Wales and can only be interfered with after statutory consultation and, if necessary, a public inquiry. This is not the case in Scotland, where paths are claimed as rights of way simply if they have been used as such for years.
Morris explained: "We have a very serious problem because Network Rail is basically saying, 'We can go around anywhere, to any crossing in Scotland, and close it without any consultation,' whereas south of the Border, where you have rights of way shown on maps, they couldn't do that."
Network Rail, which owns nearly all UK track and stations, admits that it is feeling the heat from corporate manslaughter charges brought against former Railtrack directors over the Hatfield disaster. It is unapologetic about putting safety above the right to roam.
Morris is unmoved. He is writing to Transport Secretary Alistair Darling to demand that Network Rail does not block any crossing without consultation. He and fellow ramblers are threatening to cut the locks as a last resort. He said: "We want to see that lock off at Walnut Grove crossing and we want a clear agreement with Network Rail and the Health and Safety Executive railways inspectorate as to what the procedure is for the level crossings review. "
Letter to Scotsman - 29th July 2003
Public cut off by Network Rail
It is ironic that Network Rail should hold its first annual general meeting in Glasgow, and use the opportunity to emphasise how rail is safer than road travel (your report, 24 July).
In the same week, it barricaded a level crossing at Walnut Grove, outside Perth. Anyone who used to enjoy a short walk to the Tay at that point now has to make a detour, taking them alongside the busy Dundee to Perth trunk road.
This route across the rail line has been used for public access to the Tay for as long as anyone can remember; it has been on the official rights-of-way map held by the local authority since 1979, and local people and the Ramblers Association Scotland have protested at its closure.
Perth and Kinross Council, with commendable efficiency, told the company to remove its locks and, when Network Rail refused, cut them. The firm's managers simply returned to Walnut Grove, fixed new locks and erected "trespassers will be prosecuted" signs.
This would not happen in England and Wales. There, such a path could be closed only after Network Rail had carried out a public consultation and after all options had been considered.
Network Rail in Scotland takes a different approach. It is trying to close as many crossings as possible. This may have more to do with saving maintenance costs than either safety or corporate responsibility.
DAVE MORRIS
Director
Ramblers' Association Scotland
Press Release
- 25 August 2003
Ramblers Condemn Network Rail's Closure
of 600 Crossings in Scotland
The Rambler's Association today condemned Network Rail's attitude to public access and their plan to close up to 600 level crossings in Scotland in the near future. These plans were revealed on BBC Radio Scotland (1) over the weekend as Network Rail responded to the controversy caused by their closure of crossings at Walnut Grove, near Perth, at East Haven near Carnoustie and Kilchurn Castle by Dalmally. Network Rail's Acting Regional Manager for Scotland, Jo McGowan, explained that Network Rail were aiming to prevent the general public from using up to 600 existing crossings and would regard "unauthorised" use of such crossings as criminal trespass attracting a fine of up to £1000.
Chairman of Ramblers' Association Scotland, Alison Mitchell, said: "We are appalled at the dictatorial way in which Network Rail in Scotland is behaving. They have embarked on a major new policy initiative (2) without any consideration of how this will affect other public interests. They have closed crossings without consultation with the emergency services, with local communities, local authorities or the organisations that represent walkers, cyclists or horse riders. (3) When challenged they have made it clear they have no intention of consulting and will reimpose their locks when local councils cut them off (3 and 4).
Alison Mitchell also indicated that statements made by Network Rail on this issue should be treated with caution: " Network Rail appear to have great difficulty in understanding the current basis for public access to land in Scotland, the status of paths which cross railway lines and the details of access at particular locations. They appear to be stuck in a time warp, quoting 19th Century railway legislation to justify a closure programme which will cut off access to huge tracts of Scotland for thousands of people."
Alison Mitchell emphasised that the Ramblers are not opposed to level crossing closures where there is good reason: "We support the concern of Her Majesty's Railway Inspectorate on the use of some level crossings, and accept that these may have to be closed, especially to vehicular use, for safety reasons. But such a closure programme needs to be based on consultation with other interests, a clear agreement on the safety criteria to be applied, and the introduction of alternative access arrangements where appropriate. This is the way in which Network Rail operates in England, why can it not treat the Scottish public in the same way? (5)
Alison Mitchell urged that this matter be brought before the Westminster and Scottish Parliaments:
"The political responsibility for Network Rail lies with Alistair Darling, Secretary of State for Transport, Secretary of State for Scotland and also an Edinburgh MP. We urge anyone who is concerned about Network Rail's closure programme to ask his or her MP to raise the issue with the Secretary of State. In addition we ask all concerned to contact their MSPs and ask for a debate in the Scottish Parliament, when its autumn session starts next week. The Parliament needs to find out why its aim of increasing public enjoyment of the countryside, as expressed in the land reform legislative programme, is being undermined by the activities of Network Rail."
Contact: Ian McCall or Dave Morris Tel 01577 861222
Notes:
1. BBC Radio Scotland, Out of Doors, Saturday 23 Aug. This contains an interview with Jo McGowan, Acting Regional Manager for Scotland. He explained that Network Rail intended to close around 600 crossings in Scotland, which they regarded as "private" crossings, out of a total of just over 700 level crossings in Scotland. As far as the Ramblers and local authorities are concerned many of these "private" crossings are important parts of the Scottish path network.
2. Sunday Herald 27 July and 17 Aug. The Sunday Herald first broke the news about Network Rail's closure programme on 27 July and reported on 17 Aug that Network Rail appeared to be bowing to public pressure to consult with "locals and councils". It is now evident, however, from Network Rail's statement issued for the BBC Gary Robertson Show on 14 Aug (see Note 4 below) that they do not intend to consult local people about closures but will simply send a letter of notification and explanation as to why they have closed a crossing. It appears this action will be taken without any discussion of alternative means of crossing the line and before the provision of any agreed alternative arrangements.
3. BBC Scotland (Good Morning Scotland, Newsdrive and Reporting Scotland,
Friday 4 Aug and Thursday Aug 21).
4 BBC Radio Scotland: Gary Robertson Show Wed Aug 14.
5. We regret that although we wrote to Network Rail's Acting Regional Manager for Scotland on 30 July, requesting a meeting and subsequently offering several dates up to the end of August, when Network Rail agreed in principle to meet with us, they have so far failed to confirm when they are available.
Sunday Herald - 31 August 2003
Minister intervenes over bitter railway crossing row
By Alan Crawford, Political Correspondent
The Secretary of State for Transport will next week intervene in the growing dispute about the threatened closure of hundreds of public pathways across railway lines in Scotland.
Alasdair Darling is to order Network Rail to carry out a review of up to 600 so-called "private" level crossings in Scotland in an attempt to strike a balance between the interests of safety and access rights, the Sunday Herald has learned.
The minister's intervention comes as Network Rail is threatened with legal action by residents of Easthaven, near Carnoustie, who have had access to their homes across a railway line blocked to vehicles bigger than a car after Network Rail closed a level crossing.
The rapidly escalating situation emerged last month when residents of Walnut Grove, outside Perth, protested at Network Rail's closure of a level crossing used by walkers, cyclists and horse-riders to gain access to the River Tay. Further clashes have emerged at Kilchurn Castle, near Loch Awe; at a crossing near Helensburgh; a pier on the Forth, which is no longer accessible, near Kincardine, and at Clachnaharry, where Highland Council has stepped in to keep a crossing open.
A Network Rail spokesman recently infuriated access groups when he told BBC Radio Scotland of plans to close around 600 public pathways across railways in the interests of safety, leaving only 109 open.
Transport Secretary Darling, who was in Scotland last week, has now decided to enter the fray.
A Department for Trans port spokesman pointed out that Network Rail had a legal duty to prevent unauthorised access to the railway and that safety had to be the top priority. Fourteen people were killed at level crossings in the UK last year, including three on Scottish level cross ings. Wendy Murray, of the Easthaven residents' association, welcomed news of Darling's intervention but said legal action against Network Rail was still being considered.
She explained that access to Easthaven was by an under pass 2.2m high, admitting cars. Larger vehicles, including fire engines and ambulances, would normally use the level crossing route, which has since been closed permanently. Network Rail will be asked to justify its actions in Walnut Grove on Friday when its representatives meet with the Liberal Democrat MSP for Mid Scotland and Fife, Keith Raffan, and the local councillor Peter Barrett.
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