ABSTRACT
This chapter identifies some of the difficulties to the problems of increasing public access. The "right to roam" is often portrayed as a moral crusade. Its proponents appeal to a romantic view of history in which ancient public rights to roam were suppressed during enclosure. They see themselves as inheriting the mantle of the campaigners against the removal of ancient agricultural rights who tore down fences and continued to exercise ancient rights to take wood and other material in the face of trespass actions. The Green Paper refers to a "freedom of access". This may have potential, although the Green Paper itself too often reverts to the language of rights to free itself from the historical debate. Unless there is a government willingness to invest public funds in a compensation scheme, the European Convention provides a real obstacle to stronger rights of access to open country.
