Marine and Coastal Access Bill [HL]

My Lords, my noble friend’s amendments do not indicate dissatisfaction with the Government’s amendments, but it would have been out of character for him not to have gone through the several pages of the principal amendment with a fine-toothed comb and come up with a number of small matters, which I now raise. My noble friend has e-mailed me to say that he supports this system. He describes it as, ""a worthwhile compromise to support at this stage, giving the Commons more time to consider it further"." Again, he is not disagreeing with the Government’s approach. Rather, because he is meticulous in these things, he wants to ensure that it has the rigorous scrutiny that the proposal deserves. I shall try to go fairly quickly through the points that his amendments raise. Amendment 124V to line 33 in paragraph 2(2) of Amendment 124U would add to those who are to be given notice of the report, ""representatives of relevant recreational users and conservation interests"." My briefing on this is fairly obvious, but the Minister may be able to give the House an assurance that these groups will be included in regulations made under paragraph 2(2)(f). I hope that is the case. On Amendment 124W, I am not sure that there is more to be said about striking a fair balance and aiming to strike a fair balance. I appreciate that my noble friend’s amendment would tilt the careful balance—I have to use that word again—a little way away from where the Government are aiming to strike it because the focus is on what Natural England has done rather than the outcome of it. Amendment 124X seeks to leave out the reference to practicability. I understand that this amendment comes from the Ramblers’ Association, which writes: ""Making practicable a separate requirement for the appointed person to satisfy under 3(6)(a) when proposing modifications risks allowing interruptions to the route being accepted as modifications. To allow such modifications would destroy the integrity of the route and defeat the purpose of the coastal access duty. To avoid this it is necessary that the appointed person uses only the second and third requirements of 3(6) when considering and making modifications"." I do not know whether the Minister can add to the points that he made in his opening remarks about the various routes that might be taken in this regard. As regards Amendments 124Z, 124AA and 124AB, comments on coastal access reports made to Natural England by third parties have only to be summarised. These amendments would provide that they should be sent in their entirety to the Secretary of State. It is not proper that the Secretary of State should make a final decision on the basis of a summary. I am sure that there are plenty of people in the Secretary of State’s office who can assist in providing a summary, if that is helpful. However, comments made by third parties to Natural England should not be summarised. Amendment 124AC seeks to remove certain provisions as regards what may be included in the report. My noble friend tabled this in order to probe the matter. The Minister has probably described the position pretty fully. I do not know whether he wants to add anything to those comments. Amendment 124AD is also a probing amendment with regard to costs applying to local inquiries. I should be grateful if the Minister would say how the Government came to the conclusion that this provision should be included. The notes say, ""124AF and 124AG—obvious I hope"." Amendment 124AF, which is obvious, would add a provision that the Secretary of State must publish the determination. Amendment 124AG is on the same point. The paragraph which my noble friend seeks to remove allows the Secretary of State to publish only if he "considers it appropriate". Amendment 124AH, which my noble friend says is also obvious, would add to the list of those to whom the Secretary of State must give notice of the determination anyone who has made a representation, ""in connection with the affected land"." All of that might seem somewhat picky, splitting hairs and so on, but, as the noble Lord, Lord Taylor, said, this has been a very contentious area—or the lack of it has been contentious—and my noble friend is rightly concerned to contribute to the best outcome possible.