My Lords, I thank the Minister for tabling these amendments. I have added my name to them to indicate my satisfaction that the Government have listened to voices from many quarters and have come back with a procedure that they hope will meet those concerns. I also thank the Minister for his discussions with organisations such as the CLA and the NFU, in addition to others. They, too, have been much involved in trying to find a satisfactory solution. Furthermore, as my noble friend Lord Goodlad has just said, this is a satisfactory response to our own House of Lords Constitution Committee, the Joint Committee on the draft Bill and the EFRA committee, all of which were exercised about the Government’s previous stance on this issue. The Government have now got it about right.
Of course, I have a few questions about these amendments, as I am sure will other noble Lords. In particular, I would be grateful for a little more information about what happens after the appointed persons—or, as we may take it, the Planning Inspectorate—have ruled that the route does not meet a fair balance. The helpful notes that the Government have published on these amendments suggest that it is entirely down to the Secretary of State whether to accept the independent appointed person's ruling. As far as I can see, there is nothing to ensure that the ruling is enforced.
Is this really the way forward? Surely it would be better, in cases where there is no convenient way through a particularly troublesome patch of coastline, for the route to stop and continue after a short break than to breach what the Government have accepted are the legitimate rights of an owner or occupier to the use of his land? Of course, we would not want to see lots of breaks, or unnecessary breaks, in the coastal route, but it will only be in the most unusual circumstances that it is found to be impossible to continue the route without imposing an unfair balance on the landowner. Indeed, it would be most unlikely that it would ever be found to be impossible to backtrack a little and send the route to meet up with an existing right of way around a difficult patch.
However, aside from this small concern, we are very happy with the Government's proposals. I thank the Minister and his team of officials once more for agreeing to what was probably the most important concern that we had with this entire Bill.
Marine and Coastal Access Bill [HL]
Proceeding contribution from
Lord Taylor of Holbeach
(Conservative)
in the House of Lords on Monday, 1 June 2009.
It occurred during Debate on bills on Marine and Coastal Access Bill [HL].
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Proceeding contribution
Reference
711 c45-6 
Session
2008-09
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