Marine and Coastal Access Bill [Lords]

I am pleased to say that I shall come to that, but perhaps the hon. Gentleman will bear with me. I shall try to deal in detail with the various points that have been raised. We have recently published a consultation paper on the contents of the order required under section 3A of the CROW Act, as inserted by clause 298 of the Bill. Through that order, the rights for open-air recreation will be created on the coastal margin and the route. Among other things, we have proposed that the description of land that will be specified in the order and to which the new right of access will apply includes the foreshore and any cliff, whether sloping or sheer, adjacent to the foreshore. The interests of walkers and climbers, and of the organisations that represent the interests of those who walk or climb—for example, the Ramblers Association and the British Mountaineering Council—will be fully taken into account before any proposals for the route are finalised. Owners' interests will be taken into account in the consultation process, and in their ability to make objections under new schedule 1A to the National Parks and Access to the Countryside Act 1949 as inserted by schedule 19 to the Bill. We aim to achieve a route around the whole English coast, and access to a wider margin of land wherever possible, while fairly balancing landowners' and users' interests. That has been the Bill's trajectory throughout. We discussed it ad nauseam in Committee, and that is where we are now. The word "balance" is vital and, as hon. Members know, clause 292 places a duty on the Secretary of State and Natural England to strike a balance between the interests of the public in having a right of access over land, and the interests of any person with a relevant interest in the land. I urge the hon. Gentleman to consider withdrawing the amendment. It is worth reflecting on the words of Baroness Hamwee, the Liberal Democrat spokesman in the other place. In reply to a similar amendment there she said:""At first reading, I thought that this was a moderately benign amendment giving an exception but, now having read it three times, it seems to me that it would give all landward owners and others who fall into that category what amounts to a veto. As I read it, that would wreck the coastal duty. Therefore, we could not support that particular amendment."—[Official Report, House of Lords, 1 June 2005; Vol. 711, c. 13.]" On amendments 32 and 33, I welcome the support from hon. Members, including my hon. Friend the Member for Reading, West, for the summit on sporting interests, which we held in the summer. It was attended by the Country Land and Business Association, the Countryside Alliance, the British Association for Shooting and Conservation, the Angling Trust, and others. It was a constructive summit, and I shall say more about it in a moment. The proposals emanating from it are sound, and they were welcomed by the BASC, the Angling Trust and others. The hon. Member for Newbury has raised an important issue in amendments 32 and 33, which we discussed in Committee. Their combined effect would be to delete the existing categories of owner and leaseholder in clauses 292(4) and proposed new section 55J(2) in clause 297, and replace them with a definition of a "relevant interest", which includes those who hold a legal estate or legal interest in the land. That was part of our discussion at the sporting summit, which my hon. Friend the Member for Plymouth, Sutton (Linda Gilroy) also attended. Natural England and the Secretary of State would have a duty to strike a fair balance between the interests of the public in having rights of access over land and the interests of any person with a relevant interest in the land, which would now include those with any interest in the land, including the owners of sporting rights and easements. Those people would be a category of persons who must be consulted before Natural England's report is drawn up, and be notified of Natural England's final proposals for a coastal route. They would be able to make objections to Natural England's proposals under the procedures for objections included in schedule 1A to the National Parks and Access to the Countryside Act 1949, which schedule 19 inserts in the Bill. That procedure is available to persons with a relevant interest in affected land. In Committee, I said clearly that I want to take further steps to assure those sporting interests not only that their concerns are being listened to, but that we would, if we could, take further steps to assure those with sporting interests over land that they can continue to enjoy their rights when coastal access has been introduced. We had a very productive meeting on 7 September, which was attended by my hon. Friend the Member for Plymouth, Sutton and representatives from the Angling Trust, BASC, the Country Land and Business Association and the Countryside Alliance, and I heard their views and concerns about the issues involved. I said at the meeting, and I now reaffirm, that our intention is that those with a sporting right, including holders of sporting tenancies—that was a major concern—should be specified in regulations made by the Secretary of State under schedule 19 to the Bill to ensure that their representations are given particular consideration by the Secretary of State. The regulations in question are those in paragraph 2(2)(f) of the new schedule 1A to the National Parks and Access to the Countryside Act 1949, which would be inserted by schedule 19 to the Bill. The effect would be that Natural England would have to take reasonable steps to give notice of a relevant coastal access report to those with sporting rights, and any representations that they made on the report would go in full to the Secretary of State rather than being summarised. The concerns of those with sporting rights will be given full consideration by the Secretary of State, who will make the final decision on Natural England's proposals. In addition, when a landowner's objection is being considered by an appointed person under the procedures in schedule 1A, and the appointed person is minded to determine that the proposals fail to strike a fair balance, a copy of the published notice, which invites representations in relation to the objection, and any "relevant alternative modifications" included in Natural England's comments on it, must be given to the holders of sporting rights and others. I believe that our proposed regulations are the right way to go, and that our approach meets the concerns that have been raised. I am extremely pleased that as a result of the summit, the Angling Trust and the BASC have welcomed our proposals as satisfying their concerns. I am confident that public access and public safety can co-exist with the continued ability of those with sporting rights both to enjoy their sport and to run profitable businesses. I recognise the role that sporting interests, such as shooting and angling, play in the rural economy. Significant safeguards are already built into the legislation to ensure that all interests, including sporting interests, are taken into account. The basis of the approach to coastal access is extensive consultation before Natural England's proposals are made. The Secretary of State and Natural England must aim to strike a fair balance between the interests of the public in having a right of access and those of persons with a relevant interest in the land, as defined in the Bill. However, I stress that all interests will be taken into account when Natural England draws up proposals for the coastal route and the margin. The Bill provides for extensive preliminary work and for consultation before Natural England draws up its recommendations. Natural England has said in its draft scheme that it will work with many interests, including shoot managers, when considering the best alignment for the trail. Natural England has also made it clear that it will draw up draft proposals, and these will include information on any exclusions and restrictions on access that it considers necessary. Natural England will also advertise the proposals and will ask for comment—it will not be hidden; it will be wide open. Everyone in the House now subscribes to the principle of transparency, and this will be more transparent than anything. It will provide the opportunity for anybody to make their views known and for those views to be taken into account by Natural England. The scheme that I have described, which sets out how Natural England will approach implementation of the legislation, will be consulted on, is subject to approval by the Secretary of State and will be laid before Parliament. The proposals will include details of the route and associated coastal margin, and also any exclusions or restrictions on access to land included in it. Following the publication of proposals, anyone can make representations to the Secretary of State. The representations will go to the Secretary of State in summary form, and he must take account of them in deciding whether to approve or reject the proposals, or to approve to them with modifications. What I am proposing is that those with a sporting right, including holders of sporting tenancies, should be specified in regulations made by the Secretary of State under schedule 19, so that their representations go in full rather than in summary form to the Secretary of State. In addition, experience of open access has shown that in most cases the best way to reconcile public access and sporting activities is through positive management techniques and engagement on the ground. That is the way it works. Where that is not the case, those with a sporting right will have an ongoing right to apply for restrictions and exclusions of access, where necessary, and a right of appeal if they are not put in place. Those with a relevant interest, as defined by section 45 of the CROW Act, which includes sporting rights, will have the same rights as they do now on CROW land, to apply for restrictions and exclusions of access for land management reasons. Land management can include, for instance, management of a sporting activity—including, if appropriate, the sporting activity itself or the holding of commercial events. Such sporting activities might include shooting or fishing, and those with rights that enable them to carry out these activities on access land could apply for restrictions or exclusions, if they are necessary. I believe—here I echo comments made by my hon. Friends—that that process has worked well under the CROW Act for open country and registered common land. We have issued a consultation paper on the new section 3A order required under the Bill. We made it clear in Committee and elsewhere that we have no intention to make changes to the categories of people who may make an application for restrictions and exclusions under section 24 of the CROW Act. Given that different approach for coastal land and the consultative nature of the process, and given the approach that we have set out in the Bill—along with the commitment that I am happy to reaffirm today that those with a sporting right, including those with sporting tenancies, should be specified in the regulations under schedule 19—I urge the hon. Member for Newbury (Mr. Benyon) once again to consider withdrawing the amendment. Let me deal with another issue that the hon. Gentleman raised, which we touched on in Committee, about those with interests other than shooting, including issues surrounding mineral rights. I confirm that Natural England will carry out an extensive process of consultation with local interests, as I have described—land managers, local access forums, local authorities, representatives of recreational interests, wildlife interest groups and so forth. When I met the coastal access forum a few weeks ago, I promised to consider any information that it could provide me with on who might hold mineral rights. We had a useful discussion. I have not been sent anything since the meeting, but we will consider the possibility of including those with such rights in the regulations in paragraph 2(2)(f) of new schedule 1A to the National Parks and Access to the Countryside Act 1949, which would be inserted under schedule 19. We will consult on those regulations in due course. Let me deal now with amendment 34, tabled by the hon. Member for Newbury, which would insert a new subsection into proposed new section 55E. It would oblige the Secretary of State to make regulations that would entitle a person with a relevant interest in affected land to require Natural England to undertake a review of a coastal access report on certain grounds. These may include a proposed or actual change in land use and a review of existing or proposed exclusions or restrictions of access. Applicants seeking a review would have recourse to the objections procedure set out in schedule 19, should Natural England not undertake a review or amend its report accordingly. I understand the concerns of the House that the coastal access provisions should not prevent future changes in land use. For this reason, I have been talking to stakeholders, explaining how the provisions will work and providing reassurance that the Bill will be implemented in a way that does not sterilise land by preventing any future changes. I understand the hon. Gentleman's concern, but I want to make it clear that we are not in the business of allowing a coastal path to mean no future development, which would go against the whole ethos of the Bill.