Natural Environment and Rural Communities Bill

I am grateful to the Minister for agreeing with that general figure. It is clear that there has been a huge surge. The debate centres on the commencement of clause 62. In Committee, the Minister suggested a delay of perhaps six or 12 months that seemed to be based on legal advice on clause 62(3), which deals with landowners and people who have a legitimate need to take a vehicle up a byway. I am grateful to the Minister for the fact that he very kindly made available his legal advice to all members of the Committee soon after its proceedings began—something that the Government do not always do—thus giving the green lanes protection group and the Opposition the opportunity to take our own legal advice on the proposal. Under amendments Nos. 6 and 7, the commencement of clause 62 would be moved to the date of publication of the Bill. There is an argument that that would be retrospective—an argument cited by the Minister in Committee. I wish to quote the advice given to the green lanes protection group by its counsel. Its counsel"““advises that application of the NERC provisions to pending claims would not amount to retrospection because applications under the””" Wildlife and Countryside Act 1981"““amount to nothing more than an initiation of a procedure of ascertainment. That procedure has nothing to do with the creation of rights, and ascertainment is in any case available by other means. Halsbury’s Laws state that retrospection occurs when an enactment ‘changes the relevant law with effect from a time earlier than the enactment’s commencement’ which is not the case here. The NERC Bill simply intercepts an ascertainment procedure and extinguishes such vehicular rights as may exist at the date of commencement. That is consistent with the aims of the Bill and does not impinge retrospectively on those rights.””" I think that the Minister has already had sight of that advice, and there is more of it. However, that clearly addresses the issue of retrospection, and my hon. Friend the shadow Attorney-General entirely concurs with that advice.