Marine and Coastal Access Bill [HL]

My Lords, Amendment 124FB is grouped with Amendment 124FBA. Clause 291 gives Natural England the flexibility to propose the establishment of the coastal route up estuaries to the first public foot crossing or to a point between the mouth of the river and that first crossing point. Estuaries throw up particular challenges with regard to this legislation. They are very variable in extent; they are important for wildlife; and they may be more developed than the open coast. We believe that it is important that Natural England should have the flexibility to decide on the approach to estuaries on a case-by-case basis. As we said in Committee, the Bill requires Natural England, in deciding whether to make a recommendation to stop the route at any point between the mouth of the river and the first public foot crossing, to have regard to the general considerations set out in Clause 287 and also to a number of additional matters set out in Clause 291(4). These matters include, among others, the nature of the land, the topography of the shoreline and the width of the river upstream to the first public foot crossing. The criteria set out in this clause were tailored to be applied in the specific case where Natural England might propose that the coastal route should go up to a point between the mouth of the estuary and the first public foot crossing. Concerns were raised in Committee. In particular, the noble Baronesses, Lady Byford and Lady Hamwee, and the noble Lords, Lord Greaves and Lord Taylor, expressed concerns about the extent of Natural England’s flexibility to include estuaries in the coastal margin. Amendment 124FB will require Natural England to have regard to the matters that I mentioned previously—among others the nature of the land, the topography of the shoreline and the width of the river upstream to the first public foot crossing—in making any decision to exercise its functions as if reference in the coastal access provisions to the sea included the relevant upstream waters of a river. This means that in relation to decisions to propose the route up to the public foot crossing, and to some point between that crossing point and the mouth of the river, it will be required to have regard to these matters. I believe that Amendment 124FB will meet the web of complex concerns raised by noble Lords in Committee. The estuaries issue is complex because of the wide variety of estuaries that, as we all know, need to be considered. I hope the House will accept that the Government have listened to concerns about the provisions for estuaries and that government Amendment 124FB will command the support of the House in resolving some of the issues raised. I beg to move.