Natural Environment and Rural Communities Bill

My Lords, we are most grateful for the Minister’s approach to these issues. Noble Lords will probably have realised that our Amendment No. 138A was a reaction to the horror that we sensed when we first read Amendment No. 138, relating to the use of a RUPP by the public over five years. One has to ask how any challenge over this issue would be settled in a court of law. However, if the word ““lawful”” is included, it will bring the amendment into the right area. It has been drawn to our attention that in certain areas, notably Derbyshire and Northumberland, aggressive conduct by Trail Riders Fellowship members or followers when driving on bridleways in recent years has resulted in other users ceasing to use the ways. Therefore, the issue of who has had major use is prejudiced by the fact that it has not been possible for other people to use the ways at that time. The other amendments in this group to which we would have spoken—Amendments Nos. 146 and 150— ask in part for more clarification, but it was satisfying that the Minister felt that they would tighten up the wording in the Bill sufficiently for him to consider amending it in a similar vein. We tabled Amendments Nos. 154ZA and 154ZB because the existing provisions seriously overlook the needs of those who use RUPPs for access to private property and business. The amendments would ensure that it would not be considered an offence to use a RUPP for access when it becomes a restricted byway. While Clause 68, which amends Section 34 of the Road Traffic Act 1988, is a step in the right direction, it does not cover all the aspects that it needs to address and it will have serious unintended consequences. As drafted, the Government’s new Clause 68(4) seems to allow any visitor to any land to do so by driving on a former RUPP. If that is the case, it would destroy the primary purpose of Part 6 of the Natural Environment and Rural Communities Bill. I am sure that the Minister will reassure us that it is not the case. On Question, amendment agreed to.