Marine and Coastal Access Bill [HL]

We now move on to the last part of this Bill, which looks at coastal access. I hope that I am right to welcome this before I speak to my amendment. It will be a change from having to deal with the nitty-gritty of the other parts. First, I should remind Members of the Committee of my family’s farming interests and that we are members of the NFU, the CLA, the Countryside Alliance and the National Trust, all of which are listed. I should also say that as an inland farm we have no interest in coastal access whatever. Many people have looked forward to the Committee reaching this stage of the Bill and to seeing the Government’s commitment to the opening up of coastal routes. People want a safe route ensured, wherever it may extend. As regards the proposed path, a balance needs to be struck between access for individuals, the requirements of landowners, those who have homes and businesses, and MoD land, as well as the protection of wildlife and biodiversity. The responsibility that the Government have acknowledged of individuals taking advantage of the opening up of coastal routes is hugely important. I welcome the removal of occupiers’ liability and the inclusion of natural features. It is the Government’s ambition that the route will be established within the next 10 years, although I see from their briefing that, if it has not been fully established by that time, it will be an ongoing process. Therefore, although the target is clearly marked, it may not be achieved in that time. A question has been raised about costs, to which perhaps we will return when we debate later amendments. The Select Committee on the Environment, Food and Rural Affairs in another place looked particularly at coastal access, which, as the Minister will know, was not possible for those of us who sat on the pre-scrutiny committee of both Houses because we were so restricted in time. Paragraph 21 of the EFRA committee’s report states: ""There are likely to be economic, health and social benefits from more people visiting, and enjoying, the coast. The South West Coast Path is a very good example"." The report continues that, ""the draft legislation requires amendment and modification before we can be satisfied it is sensible and fair"." The committee believes that it should not be left to Natural England to adjudicate. The Joint Committee’s report recognised that there may be, ""limits on what is practically achievable, given the number of inevitable interruptions to the path"." It also has, ""concerns about whether unrealistic expectations have been created by the description of a continuous coastal path"." The report later refers to the erosion and flood risk that may occur. I also bring to the attention of noble Lords what the committee says about costs on page 92: ""We note the widespread concern that the estimated funding of £50 million over 10 years for the coastal path is inadequate and that local authorities may be left with significant costs. We recommend that the Government produce a detailed estimate of the costs of both establishing and maintaining the coastal path, and subject this analysis to concerned parties for consultation"." I apologise for the length of my introduction, but I feel that it is necessary because we have reached an important part of the Bill. I turn now to the four amendments I have tabled in the group, Amendments A265A, A267A, A267B and A267C. The Minister will not be surprised to learn that they are all probing in nature. Amendment A265A looks at the provision that the coastal route should cover the entire English coast. I have tabled an amendment seeking 85 per cent coverage just so that we can discuss the issue; it does not indicate a target that we should aim to achieve. However, I challenge slightly the concept of the "whole" coast; it may not be possible to achieve it because of practical difficulties. When we talked previously about the Marine Management Organisation, it was already recognised that there would be problems in working out where the path can and cannot go. In some places it will have to turn inland. What is to happen with land owned by the MoD, the NHS, schools and businesses? How is access to be dealt with fairly? Can the Minister enlarge upon this aspect in his response? Amendment A267A suggests replacing "enabled" with "allowed" in subsection (2)(a). Perhaps my interpretation of the use of "enabled" is not correct, but it implies that money will be spent to render the land usable. Much will depend on how Natural England spends it, and over what period. What construction standards are to be applied to footpaths and bridges, which authority will pass the work as completed and fit for use? The word "enabled" carries implications beyond "allowed" or "permitted", and is a slightly strange one to use in the Bill. Amendment A267B is another probing amendment. Will Natural England become involved in building access routes from highways to the coastal path, or will people have to reach it by the best means they can? Similarly, will Natural England become involved in arranging public transport to access points anywhere along the path? Lastly, how do the Government envisage joining all these paths up? Amendment A267C seeks to leave out subsection (3) but in reality is an opportunity to probe the Minister on these points. The "margin" of land is not defined in terms of feet and inches, whether it is land on both sides of the path, and whether it should extend over the entire length of the route. Is the path to be fenced or otherwise made secure to avoid the danger of people falling over cliff edges? Also not defined is how wide the proposed path will be. There has been discussion of it being 4 metres wide, which is very broad, but nothing is specified in the Bill. I draw the attention of the Minister to the south-west coast path, which I have had the great pleasure of walking along on many occasions. Some stretches are very narrow indeed, and the difference between a path 4 metres wide and a narrow one is marked. It may be that some of the paths the Government propose to open up will be narrower, but no definition is made. No one has asked me to table these amendments; they have not been put forward on behalf of an organisation. However, I hope that they highlight some of the practical issues we need to debate because the one thing we want to do is ensure that we get the Bill right. It has to be right for the groups I mentioned earlier, such as businesspeople, landowners and farmers. Equally, we want to ensure that the coastal route is very safe for the people who want to use it. I look forward to listening to what is said by other noble Lords when they speak to the other amendments in this group. I beg to move.