I am grateful for my right hon. Friend’s support, and I mentioned Derbyshire as one of the counties most affected. I am sure that he is right about having a set of basic criteria in the Bill. I stress that we are talking only about the bulge of applications that has taken place, but such criteria would be there and local authorities and national park authorities would be able to refer to them when they were considering whether to issue their own traffic regulation orders on other byways.
Before I end my remarks, I wish to make a few comments about two other issues that are referred to in this group. The first relates to the new clauses that were tabled by my right hon. Friend the Member for Bracknell (Mr. Mackay). I do not intend to speak to them; it is for him to do that. I am sure that he will do so far more eloquently and certainly with far more detailed knowledge than I can.
I have studied all the papers that my right hon. Friend and his local authority have kindly provided to me, and I know that he has had meetings and discussions with the Minister. I am therefore convinced that there is a serious problem of access across byways. I remember that, when I was the chairman of a local authority, similar problems could cause huge issues. The Bill, supported as it is on both sides of the House, inadvertently makes the problem worse.
I know that my right hon. Friend will refer to cases in which people cannot sell their property because the new purchaser is at risk of being prosecuted for driving to their own home across a byway. I do not believe that the problem can be addressed by ministerial statement. I therefore strongly support the proposals that my right hon. Friend has enshrined in his new clauses and that he will speak to himself.
The second issue refers to cyclists, and I am sure that many hon. Members have received letters from constituents. I was astonished by the number of letters that I have received from people in my constituency who are very concerned that cyclists may be prevented from claiming a right of way once the Bill goes through. My office has been in contact with the Minister’s office, and I have to say that I accept that that is not the Bill’s intention and that it will not make any difference to the position. The hon. Member for Islington, South and Finsbury (Emily Thornberry) has tabled a new clause on the issue and she will make her own case, but it is clear that there have been at least two cases—probably many more—in which inspectors have used current legislation to rule against the opportunity for cyclists to claim a byway.
Natural Environment and Rural Communities Bill
Proceeding contribution from
James Paice
(Conservative)
in the House of Commons on Tuesday, 11 October 2005.
It occurred during Debate on bills on Natural Environment and Rural Communities Bill.
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2005-06Chamber / Committee
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