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Marine and Coastal Access Bill [HL]

In moving Amendment A302 I shall refer to Amendment A363, which relates to the same issue, and make a quick reference to the Conservative amendment in this group, Amendment A359C. In approaching this very important part of the coastal access scheme, I should put on record that I have no direct interest. I am not a dog owner. We all know a lot of dog owners; there may be many in the House who have exercised their dogs along some of the coastal footpaths, but I have not had the pleasure of doing so. I also put on record that I am not a member of or associated in any way with the Kennel Club. I say that although I have had some research undertaken by the Kennel Club for a particular reason. I understand from the club that an approach was made by departmental officials seeking the review and withdrawal of the amendments. That is rather surprising and worrying. If anyone should seek to withdraw my amendment, it should be me, not any outside organisation, which may or may not have provided information to enable me to move the amendment. Anyone who has any experience of the countryside and, particularly, of the wilder countryside, must be well aware that dogs can be a major problem. They can provide considerable anxiety to both those concerned about the conservation of wildlife and to livestock farmers, especially at lambing time. Of course, lambing takes place earlier in Cornwall than in anywhere else in the country because of our delightful climate, but everywhere in the country, lambing is a very important part of the seasonal experience of working farmers. Therefore, it is not surprising that the National Farmers’ Union has expressed anxiety about the best way to deal with that potential problem. I cite the National Farmers’ Union briefing to your Lordships' House: ""We welcome the commitment for Defra and Natural England to carry out further work with stakeholders on the best way to deal with dog control, which recognises that there are some shared interests here for example between bird conservation and farming … Conditions vary along the coast and appropriate dog management will need to reflect that. Accordingly we also hope that the Government will be pressed to agree that there is a compelling need for a communications strategy on the management of dogs in the wider countryside, not just in coastal areas, run by Natural England in conjunction with other stakeholders"." In other words, even after the Bill passes from your Lordships' House, that is likely to be unfinished but important business. It is important not least because a great number of our fellow citizens are dog owners, who greatly benefit from the fact that, at the moment, they can exercise their dogs in a wide variety of locations. I understand that there are about 7.3 million pet dogs in the United Kingdom cared for an estimated by 15 million people. That is not a minority interest. Government statistics show that dog walkers represent a large cross-section of society. Between one quarter and one half of all walkers are accompanied by dogs; that is certainly true in respect of some parts of our coastline. It is also true that dog owners benefit to a considerable extent in health terms from exercising their dogs. There are also social benefits for many individuals, families and communities. Research shows that the biggest factor for owners choosing where to exercise their dogs is whether they can exercise them off-lead. If that is impossible locally, more than 40 per cent will drive somewhere else. They will take their car to go somewhere else. Obviously, that is not of great benefit to the environment. The Defra guidance accompanying the existing legislation states that local authorities should show that dog control orders are ""a necessary and proportionate response to problems caused by the activities of dogs and those in charge of them"," and to, ""balance the interest of those in charge of dogs against the interests of those affected by the activities of dogs"." In practice, that has been largely ignored by many local authorities when they have taken a more restrictive approach. I understand that, although local authorities are bound under existing legislation to notify Natural England of any proposed dog control orders on access to land, very few appear to have done so. The Kennel Club tells me that, to date, at least 120 councils have implemented dog control orders, sometimes issuing as many as 100 orders in one local area. The Minister may be able to tell us whether, on that scale of orders, notification has been made to Natural England. Therefore, in Amendment A302, we have designed a very specific, purpose-built provision for ensuring that dog owners exercising on the coastal access path do so in the most responsible way, taking account of the anxieties to which I referred earlier. We do not believe that the alternative, which appears in the Bill at the moment and to which we give attention in Amendment A363, which is in the form of amendments to the Clean Neighbourhoods and Environment Act 2005, is appropriate, for the reasons I have given. It would seem to be using a sledgehammer to crack a really insubstantial nut. In my view, and I hope in the view of the Committee, it is much more appropriate to make specified, purpose-built, purpose-made provisions, along the lines of Amendment A302. We believe that is more effective and that it is in a more appropriate place than Amendment A359C in the name of the noble Lord, Lord Taylor of Holbeach. We believe that laying full responsibility on dog owners to act really responsibly on the coastal footpath is the best way to ensure that they do so. I beg to move.