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Marine and Coastal Access Bill [HL]

The substantive part of this clause is new subsection (4), which sets out the circumstances. Noble Lords have raised other circumstances. I thought I had answered the question in relation to MoD land where I said it would be treated as excepted land but the MoD might then decide to open up firing ranges if it was appropriate and safe to do so. Other examples have been given such as the question of nesting. These matters will be dealt with as the plans for the coastal path are developed. That may be a factor in deciding where the route goes in the first place. I have said, however, that I will look at these examples to make sure that we are covered in relation to alternative routes. I know the noble Lord, Lord Greaves, is critical of the wording but I do not see a conflict between new subsections (3), (4) and (5). I am clear that new subsection (5) helps to define what is meant by a specified period. New subsection (3) relates to the circumstances under new subsection (4) where it is appropriate that there is a diversion and the diversion may operate at specified periods. On the question of whether the alternative route should always be specified as being available at the same time as the main route, I think that is too inflexible. Surely there has to be flexibility. I can see that there might be circumstances where there would be no problem at all about the alternative route also being used but there might be circumstances where that was not appropriate. I understand that there is also the issue of policing. We need to be pragmatic. This is a sensible provision which we want to work in a flexible way but, as I have said, I will look into this matter and make sure that we are covered for the circumstances noble Lords have raised.