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Marine and Coastal Access Bill [HL]

To be frank, it is a convenient definition. Surely it is important for Natural England to have a definition which is understood and which it can start from. We have the flexibility, but Natural England does not have to use that. We have the provision for it to go up the estuary, but that is the main reason for any use. I realise that one is always open to criticism when one reads a technical definition out, but at least there is clarity and that is important. The noble Lord asked about pilot schemes. I do not have details about where they are being undertaken, but I shall find out and let noble Lords know, certainly in time for Report. On the question of sensitive habitats raised by the noble Baroness, Lady Byford, I understand the point well. Restrictions and exclusions of access may be applied on estuaries, as on other parts of the coastal route, and they may be applied for reasons of natural conservation. We all know that many estuaries are places of outstanding importance to the environment and to wildlife. Of course, it is important that those are protected and that will be a consideration that Natural England will have to pay attention to. On the amendments, I shall start with Amendment A316A, where the noble Lord, Lord Taylor, is arguing that Natural England should have to take into account all the criteria in Section 291(4) when deciding to go up to either the first crossing point or any point between the mouth of the river and the first crossing point. Having listened to his argument, I have no difficulties in accepting the principle behind this amendment, which would mean that Natural England must not decide to continue the route up to the first crossing point solely on the basis of the desirability of the continuity of the route. The criteria in this clause were tailored to be applied in the case that Natural England might propose that the coastal route should go up to a point between the mouth of the estuary and the first crossing point. I will take this point and look at it again with a view to bringing forward an amendment on Report that makes the considerations listed in Clause 291(4) apply to all decisions about estuaries. In that sense, I hope that that greater flexibility also meets the very sensible common-sense test that the noble Lord, Lord Greaves, has put forward. Amendment A318A would add a further matter on the existence of environmental designations to the list of considerations in Clause 291(4) and require Natural England to explain in its coastal access report how the recreational benefits, set out in subsection (4)(d), outweigh any of the other matters. I understand what the noble Lord is saying, but I do not think that it is needed. Natural England will be under a duty to strike a fair balance, which we have discussed before, and will need to consider that balance as part of its report. It will undertake a detailed analysis on each estuary. It has already set out in its draft scheme information on the special considerations it will take into account in making a recommendation on any particular estuary. It will also comply with its existing statutory obligations in respect of sites and features on the coast. The point raised by the noble Baroness, Lady Byford, in her Amendment A319A is interesting and I can understand why it has been put forward. The substance of the argument is that we believe it is important for the Secretary of State to be able to come to a different conclusion to Natural England about decisions on estuaries. But the provision in the Bill is worded in the way that it is because we want to avoid any suggestion that the Secretary of State’s decision is pre-empted by the combination of subsection (5) and Natural England’s decision under subsections (2) and (3). I readily accept that it is a rather complicated way of doing so, but the essence is that the coastal access duty of the Secretary of State is independent from that of Natural England. The Secretary of State must be able to come to a separate decision on that, in the same way as he can disagree with Natural England’s proposals in a coastal access report. However, I accept that the way in which it has been drafted is complicated, so I understand why the noble Baroness has proposed her amendment.