Natural Environment and Rural Communities Bill

This may be an opportune moment for me to speak to my Amendment No. 310ZB in this group and to Amendment No. 369 in the name of the noble Lord, Lord Jopling, who unhappily is unable to be here. That is unhappy for me but happy for him as I understand that he is lecturing on a cruise ship in the Pacific. I discussed with the noble Lord, Lord Jopling, how I should approach his amendment, with which I have great sympathy. I have been approached by many noble Lords in the Lobbies today and yesterday who said that they were looking forward to opposing what they thought would be my spirited defence of off-road motorcycling. I am afraid that they will be disappointed. In principle I have great sympathy with the measure, as does the noble Lord, Lord Jopling. After all, the noble Lord, Lord Jopling, represented, with distinction over many years, a rural constituency with countryside of great natural beauty. He and I have both been connected with motorcycle activities that take place within Parliament and elsewhere. The noble Lord, Lord Jopling, has been concerned more specifically with sporting events, which gives him a greater interest in off-road motor cycle competitions. However, it may come as no surprise to the Committee that neither of us is a recreational off-road motor cyclist. Those who ride off-road motorcycles are generally young—you have to be. When we learnt to ride motorcycles—in my case that was over 50 years ago, and I think that is probably the case with the noble Lord, Lord Jopling—there were no such thing as off-road motorcycles. I have just been reminded that there were machines called farm bikes, which are now called cannibalised motorcycles, which were converted to go, at some risk to the rider, across rough countryside. Nowadays, the motorcycle industry caters for a large customer base of young people who want to ride off road and provides them with technologically very sophisticated machines with which to do so. With the spending power that is available to them they will buy those machines and use them. There is a growing problem in that regard. The perception is that a great number of young people ride irresponsibly and dangerously over our beautiful countryside. In fact, it is a small minority. As always, a small group of people destroy the rights and pleasures of others. There is no denying that some ride in a way that shows little consideration for other users of byways and green lanes and areas used by walkers, horse riders and others. These amendments seek only to mitigate the rather drastic measure of cutting the time during which correct and proper applications can be made for the right to use these byways. It was considered in 2000 that it would take 20 years to create a proper map and arrive at a responsible and proper sharing out of our countryside among users. The public and other user groups such as walkers, ramblers and so on can be forgiven for having perceptions that are not entirely realistic. Their perception is that the main culprits in this regard are motorcyclists and other vehicle users. They certainly have a high profile. We accept that public opinion will hold sway, that the Government represent public opinion and that therefore they are introducing legislation which effectively curtails the activities not only of the small minority who ride irresponsibly, noisily and dangerously and cause great damage but also of responsible, law-abiding people. We are asking for a 12-month delay after Royal Assent to get some of the outstanding claims settled. My amendment asks the Government to suspend rather than extinguish rights. The relevant powers already exist, certainly as regards motor cyclists, to take action where damage and nuisance are caused. But nothing has happened. It is extremely difficult to enforce the law in this area. I see nothing in the new regime which will change that situation. In fact, it may make it even worse because the responsible user groups and clubs which usually comprise mainly young but sometimes older people who ride these machines will obey the law. However, those who are not minded to obey the law will continue to behave as they always have done, and the activity will grow. How will these activities in the countryside be policed? To do that effectively a great deal of money will have to be spent creating a police force somewhat like the police support system that we have in your Lordships’ House, with police officers equipped with motorcycles to chase people. It would be rather like the Wild West with police officers forming posses to chase those causing damage in the countryside, thereby compounding the whole problem. However, that is the situation in which we shall find ourselves. For that reason my amendment asks the Government to consider suspension rather than the extinguishing of rights. Other byway and green lane users will be affected by the legislation. Some people use vehicles, whether two-wheel or four-wheel, to do many other things than jump over hillocks or perform acrobatics in the countryside.