Meeting of the Parliament 28 October 2025 [Draft]
Through their amendments in this group, David Torrance and Mark Ruskell are trying to find a pragmatic way of addressing the current restrictions on public access to land at Burntisland harbour and to address any similar circumstances elsewhere. The amendments in the name of David Torrance apply specifically to the historic east dock at Burntisland harbour, recognising that the community has a particular set of circumstances. It is a breakwater that was originally built in Victorian times and has a heritage of public use that existed until fences were erected and gates were locked. It is currently home to a sailing club, a redundant caustic tank, derelict land and a pallet factory that depends on road transport.
Access to that land is something that matters a great deal to many in the local community, as is evidenced by the correspondence that I and other members representing Burntisland have had on the matter, and there is a strong local campaign to restore access.
Prior to its closure, the dockside land was used by fishermen, dog walkers, cyclists, nature lovers and visitors, and many in the community feel that the closure was unjustified. The amendment does not assert that a public right of way exists; it requires a proper review and determination to be made as to whether that is the case, while allowing the concerns of the landowner and the port operator to be addressed. I believe that that is a balanced approach that can provide a means of progress on the matter.
One of the challenges for those who are campaigning against the removal of public access has been securing appropriate legal advice, which the local authority was not permitted to do. The amendment would seek to resolve that by ensuring the provision of expert advice alongside sufficient time for a definitive decision that would resolve the issue and be binding on those party to it.
For decades, people have been able to enjoy the waterfront as part of their daily lives, freely walking on the breakwater and enjoying the harbour environment, just as many other communities around Scotland are able to do. Burntisland Harbour Access Trust is looking not for confrontation but for us to listen to the voices of those affected and to provide them with clarity and a potential solution.
Although the amendments in Mark Ruskell’s name are not specific to Burntisland, they offer a general mechanism that would allow communities in a similar position to seek a solution.
I attended the meeting today with the cabinet secretary and members of the campaign group. The cabinet secretary indicated that she was not minded to support the amendments, and I will listen carefully to her arguments. If Mr Torrance and Mark Ruskell decide to withdraw or not move their amendments, I will have to ask what the Government suggests the solution is.
To be clear, if the members move the amendments, we will support them this afternoon. However, if the amendments are not taken forward today, the campaigners will be sorely disappointed and they will feel further from a resolution than ever. They have highlighted a valid concern and an inequality in resources when attempting to challenge a decision that they do not accept. I urge the cabinet secretary to pay attention to the situation that is faced by the Burntisland community and to commit to finding a solution that balances the rights of all involved. I will be seeking those assurances before making a decision on how we go forward with the amendments. The amendments in the group seek to strike a balance between those in the community who have an interest in walking and using the harbour and Forth Ports, which has raised concerns around safety, liability and operating requirements.
Our role here, as legislators, is not to determine the outcome of that debate but to facilitate clarity and resolution, which these amendments seek to do. They offer a way to apply the bill’s underlying principles of accountability for landowners, fairness to communities and clarity of rights to reach a specific and tangible solution.