Commons Bill [HL]

This is an interesting amendment but I am afraid I cannot go along with it. It reflects a fundamental misunderstanding of Part 1 of the Countryside and Rights of Way Act in relation to access. That Act gives access to different kinds of land—mountain, moor, heath, down and commons, which is the relevant one here—and under Part 1 you lose the right of access if you undertake the activities in Schedule 2. In other words, you cannot undertake the activities within Schedule 2 of the CROW Act as part of exercising access under that Act. However, a fundamental part of the CROW Act, which was cited time and time again by Ministers during the passage of the Bill—it is stated very clearly on the Defra website and I congratulate the Government on that—is that the restrictions in Schedule 2 do not apply to rights of access or to people exercising access not by right but by permission of the landowner, or whoever, or under any other legislation. A great deal of legislation, such as the Commons Acts and the Right of Property Act 1925, gave access to a large area of common land, particularly in the Lake District. In other words, it is a fundamental principle that pre-existing rights of access and pre-existing customary access in various places are not in any way affected by Schedule 2 to the CROW Act. Schedule 2 controls what you do while you are exercising your rights under CROW, such as walking and climbing. If you are there for other reasons—under other legislation or following a customary practice, by permission of the landowner and so on—Schedule 2 does not apply. That is utterly fundamental. That is also why I am afraid that despite its good intentions, I cannot support my noble friend’s amendment. I am sorry to have to say this on the last amendment because I have supported him all the way so far.