Marine and Coastal Access Bill [HL]

My Lords, I thank my noble friend for tabling these amendments and for the discussions that I have had with her since Committee. I am grateful for the welcome that she has given to the Government’s amendments. I reiterate what my noble friend Lord Davies said in Committee: we want to encourage people to enjoy the countryside and we see this as providing access to the countryside for horses and riders. However, I understand the concerns that are being expressed, by horse riders in particular, that new rights of access for walkers could be detrimental to their existing rights. That is why I am bringing forward the government amendments. I shall deal with the other amendments in my noble friend’s group, Amendments 124G, 124H and 124J. They would require Natural England to provide for the route to be treated as a public right of way where Natural England proposes that the route should be determined, in accordance with the proposals, where the coast is subject to erosion. The provisions in the Bill have been designed to be flexible so that, where a coastline is eroding due to encroachment by the sea, Natural England may describe the route by distance from a cliff or field edge, for example, so that the route would move inland as the cliff eroded and continuity would be maintained. This is described as "rollback", which we discussed in Committee. The coastal route may follow a right of way where it is appropriate to do so. Where this is the case, the right of access along the route is the right of access that pertains to the right of way. If it is a bridleway, the existing rights of horse riders and cyclists will not be affected. However, the provisions in the Bill that enable a route to roll back do not enable a right of way to roll back with it. I have discussed this point with my noble friend. The Bill does not affect legislation pertaining to rights of way; as my noble friend said, that is beyond its scope. The right of access on the route after it has rolled back will be the right of access that generally applies on the coastal margin—that is, the right of access provided by the Countryside and Rights of Way Act 2000. We have considered my noble friend’s concern that there should be absolute clarity that existing rights are not affected by any new right. That is why I am tabling Amendments 124T and 126AA. Amendment 124T extends Section 20 of the CROW Act, which deals with a code of conduct and other steps that Natural England must take to inform the public and persons interested in access land of the extent of, and means of access to, access land, and of the respective rights and obligations in relation to that land. Natural England will be required to ensure that, in relation to land on the coastal margin, the public are informed that the legal position is that the right of access conferred by the CROW Act does not affect any other right of access that may exist in relation to that land. It also makes it clear that a separate code of conduct may be drawn up for coastal land. In view of the concerns raised by the noble Baroness, we spoke to the national parks authorities to ensure that they understand the legal position and we have received assurances from them that they will work with the horse-riding community to facilitate access. My noble friend was particularly encouraging when she talked about the discussions with her local national park. We need to build on that to ensure that national parks authorities understand the law and that the passing of the Act is not seen as inhibiting people from riding horses where it is appropriate for them to do so. I know that there has been disappointment that, when rollback takes place, it will not be possible to roll back a right of way. Rights of way legislation is highly complex. It involves the obligation for a highways authority to keep a record of all public rights of way on a definitive map. Changes to the map must be made by order, involving a long process of advertising and public inquiries. Compensation may be paid to landowners for losses as a result of the imposition of a public right of way. Our view, on which I have been strongly advised, is that highway legislation does not lend itself to the concept of rollback. When a right of way is lost through erosion, it can be revived only by creating a new one. That is the problem that we face. It is for that reason that I am disappointing my noble friend. However, I hope that I can give sufficient assurance to her and to the House—and I am satisfied from the discussions that my officials have had with Natural England that it shares this view—that we see horses and horse riders, where appropriate, as contributing to the environmental gains brought about by the coastal access path. Although I have disappointed my noble friend on her second group of amendments, I hope at least that she will feel that the Government are sympathetic to her general aims.