I thank my hon. Friends the Members for North Herefordshire (Bill Wiggin) and for Braintree (Mr Newmark) for tabling their new clauses and allowing us to discuss the important topic of rights of way and the impact that these can have.
We recognise that all four amendments seek to address the issue of intrusive public rights of way. The Government have been giving very careful consideration to this, in discussion with the rights of way stakeholder working group. The work done by the group has been invaluable in pulling together the potentially divergent views of landowners and ramblers.
The Government acknowledge that for householders, farmers and others, an intrusive footpath can have a substantial impact on their quality of life or on their ability to run a business. We understand that while this is not a widespread problem, where it occurs it can cause severe difficulties, and in a significant number of cases people have been put through years of considerable inconvenience and stress, as my hon. Friend the Member for North Herefordshire mentioned.
It is not clear to me whether my hon. Friend feels that his amendment would help prevent incidents involving dangerous cattle on footpaths, unless it is envisaged that the presumption that paths should not pass through other land where safety is an issue could be used to close or divert rights of way that run through fields where cattle are present. That would clearly be a radical and sweeping measure that could potentially lead to the closure or diversion of innumerable rights of way with questionable justification. The issue of cattle attacks on public rights of way is being addressed separately by the Government, and there is no suggestion from any of the parties involved that primary legislation is required to sort out the problem to which my hon. Friend rightly referred. It is clear, however, that there has to be a change in the way in which both legislation and policy operate if people are to get a satisfactory hearing, and that is what the Government are doing in the Bill.
We very much sympathise with people’s genuine concerns about the problems that can arise from footpaths running through private gardens and farmyards and recognise that we need to find an acceptable solution, but we do not believe that these new clauses are the best way to go about this. Measures are already being developed that will make a significant difference to the way in which requests for diversions and extinguishments of rights of way will be dealt with by local authorities. We are working towards making effective the “right to apply” provisions in the Bill. That will enable a landowner to make a formal application for the diversion or extinguishment of a public right of way; with that will come the right to appeal to the Secretary of State if the authority rejects the application or fails to act on it, so local authorities will not be able simply to rebuff or ignore representations from a landowner, as they can at present. I hope that my hon. Friends will see that as a positive development.
Moreover, the right to apply will be supplemented by guidance that will effectively act as a presumption to divert or extinguish public rights of way that pass through the gardens of family homes, working farmyards or commercial premises where privacy, safety or security are a problem. That guidance has been developed in agreement with the rights of way stakeholder working group.