The PaddlerUK magazine March 2015 issue 1 | Page 42

ThePaddlerUK 42

boating in water passing their land. Records tell us that
some representative bodies sought to defuse conflict
by entering into ‘agreements’ to restrict their activity.
While the motive was to enable unchallenged, albeit
limited use of water, the unintended consequence was
to reinforce the mistaken belief that permission was
needed to be in or on the water. Within a very short
time, many were led to believe that access to and along
inland water was restricted to a small fraction of the
inland waters of Wales and England.

Body of evidence for historic use

Campaigning developed along two lines: negotiation
and calling for increased permission; and researching
historic rights of navigation. A large body of evidence
for historic use was uncovered, by individuals working
independently or on behalf of BCU. No-one was
aware of the full extent of the evidence, and the cost
of bringing a case to court was considered to be
prohibitive, so efforts to negotiate access redoubled,
without significant increase in uncontested public
access to water. In the 1970s a pressure group known as CRACK (Campaign for River
Access for Canoes and Kayaks) arose, but was quashed by the paddlesport
establishment under threats of
removing existing permission
and pressure from government
as to future funding.
The Countryside and Rights of Way
Act (CRoW) passed in 1999, was
originally intended to address land and
water access issues, but the final bill
excluded access to water. The Land Reform
(Scotland) Act 2003, however, addressed public
access rights across the spectrum of activities on land
and water. In 2005 BCU delivered a petition and
manifesto, accompanied by a protest paddle on the
Thames and followed by meetings between BCU
members and their constituency MPs, to the UK
government at Westminster, calling for legislation for
England and Wales. A presentation to the minister was
met with an obviously pre-determined and
uncompromising message to, “go away and identify
four target rivers for agreements.”

Rev Douglas Caffyn

Rev Douglas Caffyn, whose Master of Laws
thesis concluded that, “there is a public right of
passage on all rivers which are physically usable”
was pivotal in bringing about a

change of direction
of the campaign in Wales

In the period leading to the petition, BCU became
aware of the research of Rev Douglas Caffyn, whose
Master of Laws (2004) thesis concluded that, “there is
a public right of passage on all rivers which are physically
usable” was pivotal in bringing about a change of
direction of the campaign in Wales.
Following the Government of Wales Act (2006),
access was among the legislative areas devolved to
Welsh Government. WCA (now Canoe Wales)
ceased to negotiate access agreements and mounted
a campaign for land reform legislation, similar to that
passed in Scotland. A 10,000 signature petition was
delivered, by canoe, to the Senedd in 2008.