Marine and Coastal Access Bill [HL]

My Lords, I am grateful to the noble Baroness for the way in which she has proposed her amendment and I recognise the good intent behind it. However, there is something of a collision between the Government’s interpretation of the amendment and the clause to which it relates and the terms indicated by the noble Baroness. The concept behind the noble Baroness’s proposal is that the alternative route should operate at all times; indeed, she has extolled the virtues of that concept. The provision would mean that in some cases users would have a choice of routes. Indeed, it could have the effect of creating circular routes. Now, no one will object to circular routes in principle, because we all know the advantages of going on a walk in which we do not need to directly retrace our steps but can go in a circle. I recognise the virtues of the concept that the noble Baroness is putting forward; it would offer the merit of these choices. However, the purpose of the existing provision in Clause 292—new Section 55C, "Alternative routes"—is entirely different. It is not to create more than one choice but to provide an alternative route to the ordinary route when that route is out of action or unavailable. It is not intended that alternative routes should be permanent and therefore a secondary coastal path, or that they should constantly operate alongside the ordinary route. It is straining the concept of this clause a bit too far when we have made provision for an alternative route because you jolly well have to have that provision if for some reason the existing route becomes impassable or unusable. Our interpretation of new Section 55C(3) allows for the inclusion of alternative routes to operate during a specified period or period when access to the ordinary route is excluded by reason of a direction under CROW to exclude or restrict access. This might be for land management purposes or for the necessary protection of wildlife. The provision for alternative routes to operate only at specified times when the ordinary route is not available is part of the fair balance, which we have been discussing intensively today, between the interests of the landowner or occupier and the interests of the public in having the coastal route. It will ensure that continuity of access is maintained for the purpose whenever access to the existing main route is withdrawn for good reason. In addition to the provision for alternative routes to act as a diversion when the ordinary route is not available for a period, new Section 55C(4) provides for Natural England’s report to include an alternative route, which will operate as an optional alternative to the ordinary route, or to part of it, where the ordinary route might reasonably be regarded as unsuitable for use in particular circumstances. This might be nothing to do with land use, which we have just discussed, and the issues of land ownership, but might instead be due to flooding, the action of the tide or the problems caused by coastal erosion. This will ensure that the safety and continuity of the route are maintained even where difficulties occur because of those factors. We recognise that there will be localised opportunities to deliver wider benefits for people to enjoy the coast—for example, by improving access from inland or by providing circular walks and links with public transport. We discussed that on the earlier amendment, and the Government see the virtues behind those concepts. As part of the process of recommending the position of a route, Natural England will consider such opportunities. Such provision would be made in agreement with landowners. Natural England has included its estimates of costs for implementation and allocation to support the delivery of the very same wider opportunities that the noble Baroness has mentioned in support of her amendment. Using the alternative route provisions, however, is not the correct way to provide for circular routes. That is not the intention of the clause, which is to provide an alternative when the main route cannot be used for a variety of reasons. Although I recognise the intent behind the amendment, and I do not resile from the necessity of developing aspects of the coastal route to provide circular routes and so on, which localities will alight on, the concept in this clause on the alternative route is to guarantee that the coastal route functions when, for good reason, the permanent route is out of action and there needs to be temporary provision. That is why I hope that the noble Baroness will feel that the amendment is not well placed. I hope that I can persuade her to withdraw it.