My Lords, I want to make clear that this is where the stakeholder working group and my amendments do not necessarily agree. My understanding on the other one was that there was
consensus but we will return to that next time. These probing amendments look at two issues; namely, time limits and resources. Amendment 19 proposes that there should be a time limit of one year from the date on which the owner deposits a map and a statement under Section 31(6) of the Highways Act 1980. The amendment would set out time limits for claims and would reflect the position that is taken with regard to village greens, for which claims must be made within a year of the use being stopped or challenged. This also applies to Amendment 21, which would be inserted into the Highways Act 1980.
As regards the time limit to bring user claims under Amendment 21, the Highways Act requires that a claim should be made based on the use which has taken place immediately before the use was challenged. It was not anticipated that the wording might permit claims to be brought based on periods of use which were alleged to have occurred decades previously.
Amendment 20 deals with costs and fees, which were spoken about as regards earlier amendments today. Where a claim of a right of way is made, even if vexatious or spurious, the landowner, if he wishes to defend the claim, will incur significant costs. It is not unusual for a landowner to have costs of several thousands of pounds, making a defence of a claim impossible for those with smallholdings or those who fear that they will not be successful. However, the claimant’s costs are borne not by the claimant but by the public purse.
Amendment 22 looks at user evidence and tries to deal with spurious claims. It requires a witness to complete their own statement and then sign a statement of truth. I think that all Members of this House would assume a statement carries that commitment of truth. The stakeholder working group recognises the importance of ensuring high-quality evidence in claims for rights of way to reduce burdens on individuals and authorities. Should this amendment be accepted, I believe that overall it would reduce costs and burdens for individuals and for society.
I know that many authorities have outstanding claims and it would be helpful if the Minister had an idea of the total number of such claims which local authorities are having to cope with. I believe that in Warwickshire there are more than 100. As the amendment does not apply to the modification already lodged with local authorities for investigation and registration, I invite the Minister to reflect on this question as I may well want to expand on it when we come to later stages of the Bill. It is a case of trying to make sure that we move the proposals forward in the Bill, and I again put on the record that I am pleased to welcome it. A lot of good work has taken place but the questions of costs and of a time limit are still undefined. I beg to move.
6.45 pm