Marine and Coastal Access Bill [Lords]

I was not in the House at the time. May we draw a line under this argument? I did not intend to create such excitement—although, during what could have been a fairly dry afternoon, it has proved to be an exciting diversion. I should be happy to continue the conversation with the hon. Gentleman on the river bank. The concept that all land adjacent to, and seaward of, the line of the route should be included as coastal margin is, as we know, unrealistic. While there is an intention to draw the route as close to the sea as possible, there will be circumstances in which that does not happen. In those circumstances, land types that are clearly not coastal—that are not foreshore or adjacent cliff, bank, dune or flat—should not be included as coastal margin. The Bill should properly reflect the lack of continuity of margin that will inevitably be the case because of physical features on the ground. We believe that a proper distinction needs to be drawn between the route itself and associated spreading room. The current Department for Environment, Food and Rural Affairs consultation on the definitions of coastal land shows that there is an inconsistency of approach in its proposals. There is a failure to make a proper distinction between the route and spreading room, such as the proposed inclusion of land within 20 metres of a dwelling not simply to enable the route to pass over it where there is no practical alternative, but also with the possibility of that land being designated as spreading room. There is also still considerable concern among some groups over mapping of spreading room. The Minister has given the reassurance that he believes that Natural England should be sensitive to requests for maps. Is he willing to give a reassurance on the Floor of the House, however, as that would be very helpful? Given that it has been generally accepted by the Government that words will not always be sufficient to describe the coastal margin associated with the new coastal trail, will the Minister confirm that where a land occupier or landowner has made a reasonable request for the provision of a map for clarity, Natural England will be sympathetic in meeting such requests? Amendments 32 and 33 concern the definition of an interest in the land. We believe that coastal access must be based upon local consensus where possible, and be developed at local level in order to ensure that this right of access takes account of the pre-existing rights of farmers, home owners, businesses, wildfowling clubs and other sporting interests, as well as the needs of conservation and public safety. This proposal follows concerns that we raised in Committee over the treatment of those with certain legal interests in land, such as those with sporting rights, that we felt were absent from the Bill. I acknowledge that the Government have made some movement in this area, and have reinstated the right of appeal, under the CROW Act, where restrictions or exclusions are proposed. It has also been said that the representations made by holders of sporting interests, but not holders of other legal interests such as mineral rights, will be passed on fully to the Secretary of State rather than being summarised. There remains, however, a feeling among certain groups that Government concessions do not amount to equal rights. The Bill still does not give equal treatment to all those people who have a legal interest in the land, thereby creating a two-tier system among those with different legal interests. For example, the Bill includes those with grazing licences. That right of occupation could be for a very small amount of annual rent compared with, let us say, sporting rights, which could be of considerably greater value and require, as in the case of wildfowling clubs, huge amounts of conservation investment both in terms of money and effort over many years. The Bill currently provides that occupiers and owners will be taken into account both at the walking the course phase and when considering whether a fair balance has been struck between the interests of the owner or occupier and the interests of the public who may wish to walk a coastal route. However, there are some legal interests that do not have the same rights. In particular, holders of sporting and mineral rights will not be treated in the same way as owners and occupiers. Particular concern arises in respect of the setting of the route and margin. If Natural England is not required to take into account some legal interests, such as mineral or sporting rights, it could set the route in a way that seriously impinges on those rights. Furthermore, it may result in the total loss of use of such rights without its being called to account, as there is no obligation on Natural England to take account of those interests in determining whether a fair balance has been reached. Throughout Committee stage, we agreed that the Bill requires us to take a great leap of faith in organisations such as Natural England. All my discussions with it have made me conscious that it is up to the task and is looking at this issue in entirely the right way, but we really do need some assurance—I hope, in the Bill. Our amendment seeks to redress this imbalance by ensuring that the definitions of interest in the land include all those with a legal estate or interest in the land, as is the case under the CROW Act. We recognise attempts by the Minister to negotiate a route through this issue at his summit last month, and that he was not helped by a divergence of opinion among some of the groups present. He may have found a way forward and I am happy to support it, but I do want reassurances on this point. Amendment 34 concerns the need for changes to the route to reflect a change of use of the land in question where it is affected by the route of the path or spreading room. The Government have consistently promised that the coastal access route will be flexible and responsive to changing circumstances; however, nothing in the Bill ensures that. How is Natural England to know that a development has been approved, and that it must alter its coastal access report as a result of that development affecting the coastal access route? How does the developer notify Natural England and ensure that the coastal access report is up to date and takes account of the changes that have been approved? The amendment would ensure that those with an interest in the land have the right to request changes to coastal access in future where there is a change in use of the land. At the very least, we need an assurance from the Minister that such a mechanism will be included explicitly within Natural England's coastal access scheme. We also need an explicit assurance that guidance will be provided to local planning authorities confirming the flexible nature of the coastal access provisions. Amendment 37 concerns liability issues. Although it is Natural England and the Secretary of State who will identify the coastal route and areas of spreading room, clause 300 removes all liability from Natural England and the Secretary of State for any failures that may occur in connection with its coastal access duty. It is surely wrong for Government to try to restrict liability in this way. The Secretary of State and Natural England are both charged under clause 291 with exercising the coastal access duty. That duty should be carried out with due regard to public safety. If liability is removed, as proposed, members of the public will be unable to find any redress from the Government or Natural England for failures in identifying a safe coastal access route. Retaining liability at some level, at least, will act as a reminder to Natural England and the Secretary of State to determine coastal access carefully and remain mindful of their responsibilities toward the public. It will provide a powerful check and balance in determining the precise location of any coastal access. I am not in the business of creating vast new burdens on any Government agency or on Ministers themselves, but the question of liability does need a reasoned response. The Minister may be able to give me some reassurances or suggest an alternative solution to my amendment. In fact, it is unclear in the Bill exactly where liability will lie. It would be helpful to have some words from the Minister in this regard.