OIC yet to send off views on udal law threat
(From The Orcadian dated August 9, 2001)

The Scottish Law Commission are still receiving responses to their discussion paper on the law relating to the foreshore and the seabed, which could see the scrapping of udal rights in Orkney - but the OIC are yet to make a response.

Although the official deadline for comments closed on July 31, a spokesman for the Law Commission said: "We know of parties who intend to respond but who have not yet done so, and we will continue to accept those responses if they arrive in the near future.

"We will be preparing an analysis of the responses for the Commissioners to consider, and so it would be completely wrong to comment on the nature of the responses before they have had the chance to see that analysis. We are hoping to present that to the Commissioners towards the end of this year."

The spokesman added: "It is of course not up the Commissioners to make any changes to legislation. That is a matter for the Scottish Executive. The Commissioners can only make a recommendation to the Executive."

Since the discussion paper was published, several experts have highlighted the threat to the current system of udal law, dating back to Norse rule in Orkney and Shetland, which granted foreshore rights to landowners in the islands.

Asked if there had been a large number of representations from Orkney and Shetland, the spokesman replied: "I couldn't possibly comment on that."

A spokesman for Orkney Islands Council said yesterday that although they had not yet sent a formal response to the discussion paper, they would be preparing one in the near future.

brian.flett@orcadian.co.uk

What is the future for udal law? - an article by Richard N. M. Anderson