The Citizen Participation and Public Petitions Committee will conclude its work this Parliament in March 2026 ahead of the next Scottish Parliament election. So the Committee has time to complete its work, it has agreed not to consider petitions submitted after 10 October.
The Committee will continue to meet but given the volume of petitions and agreed work programme it is unlikely that the Committee would be able to meaningfully progress work on petitions submitted after 10 October ahead of the election. Petitions lodged after this date will not fall when the Parliament is dissolved and will be for the successor committee to consider in the new session.
If you are seeking urgent action or policy change please contact one of your 8 MSPs or the Scottish Government directly.
Closed petition PE2060: Review existing legislation and legal remedies against trespassers
Calling on the Scottish Parliament to urge the Scottish Government to review and revise existing legislation to offer better protection against trespassers.
Previous action taken
I have contacted my local MSP Gordon MacDonald who, after contacting the Scottish Government, received a generic response on the right to roam.
I have also sought legal advice and advice from Police Scotland.
Background information
The current legislation in Scotland is poorly understood by laypeople with many people believing they have universal, unrestricted right of way over private property. It provides excessive protection to those abusing it.
Current legal remedies against trespassers often means costly court action or, alternatively asking trespassers to leave with little immediate power. This means that those experiencing persistent or hostile trespassers often find themselves with significant expenses to preserve their privacy and the integrity of their home. Additionally, a trespasser is owed a duty of care even if all reasonable/affordable steps have been taken to secure property against them.
Suggested actions:
Absolve homeowners of responsibility for injuries or inconvenience caused to trespassers
Allow easier access to interdicts
Permit criminal charges for demonstrable distress (especially to vulnerable people)
Lower evidential bars to prove trespass
These suggestions are hypothetical in the hope the Scottish Government can find more acceptable solutions if appropriate.
This petition was considered by the Scottish Parliament
15 signatures