§ 30. Sir Hector Monroasked the Solicitor-General for Scotland if he considers the law on armed trespass is working satisfactorily.
§ The Solicitor-General for Scotland (Mr. Peter Fraser)Few difficulties have arisen in connection with enforcing the provisions of section 20 of the Firearms Act 1968, which deals with armed trespass. Problems arose when proceedings were instituted in 1981 in two cases of alleged armed trespass in an area known as the "Merse" in my hon. Friend's constituency. These cases gave rise to questions of a civil rather than criminal nature.
§ Sir Hector MonroDoes my hon. and learned Friend realise that there is anxiety about the implementation of the Act in relation to wildfowling in the Merse and on the foreshore? Will he try to resolve the matter without relying on private litigation?
§ The Solicitor-General for ScotlandThis offence of armed trespass can be tried only summarily in Scotland. Difficult civil issues arise out of the ownership of the land 296 and who is entitled to go out to that part of the Merse. The matter can be resolved only by the owners raising an action of declarator.