Proceeding contribution from Lord Greaves (Liberal Democrat) in the House of Lords on Tuesday, 21 April 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Marine and Coastal Access Bill [HL].
Marine and Coastal Access Bill [HL]
We are here talking about what happens when the final report is sent out. In moving Amendment A342, I shall speak also to many more in this group, which also contains a government amendment and various Conservative amendments. This is really about who is consulted when Natural England produces what I think it calls a "final report" for a particular piece of coast, after it has done all its work, and presented its proposals to the Secretary of State. The amendments in this group amount to the mother of all lists. Amendment A342, however, is slightly different. The Bill says that the Secretary of State "may" make regulations in relation to the consultation processes. We are saying that the Secretary of State "shall" make regulations in relation to the consultation processes. No doubt these regulations are going to be made and therefore there is no reason why the regulation should not describe what "shall" happen and not what "may" happen. Amendment A343A is the first of a number of amendments that add to the list of organisations and persons who, when a report is sent to the Secretary of State, have to be consulted and given the opportunity to make representations to Natural England and then on to the Secretary of State. This is an important group. Amendment A343A refers to, ""any other principal local authority whose area includes the whole or part of the area to which the report relates … a parish council or parish meeting"," which is in a similar position. This provision is important not just because these elected local bodies ought to be consulted, informed about what has happened and given the opportunity to make representations. Principal local authorities, whether they are counties, districts, unitaries or anything else, and parish councils are, in their own right, recreation and leisure authorities. Not to consult them on a major recreation and leisure facility being proposed in their area would be wrong. Many of them are also planning authorities and, again, not to consult them on a major change in land use in their area would be wrong. So they should be included. However many others should or should not be included, principal local authorities and parish councils should be—not just access authorities which have direct responsibility for access provision. Amendment A344 is a consequential amendment. Amendment A345, tabled by my noble friend Lord Tyler, is about the Youth Hostels Association. Amendment A346 lists, ""the British Association of Shooting and Conservation … the British Mountaineering Council … the Country Land and Business Association … the National Farmers’ Union … the Open Spaces Society, and … the Ramblers’ Association"," which are in CROW legislation. We suggest that they should be listed here too. Amendment A349 concerns, ""charities or organisations which would be affected by the regulations"." Amendment A349A, which refers to, ""any person or body that Natural England considers to have a reasonable interest in the matter"," concerns flexibility, not the rigidity of which we were accused as regards the last amendment before the dinner break. Amendment A349B refers to "any resident". Clearly, residents do not have to be written to individually, but there are plenty of ways to advertise so that residents know what is going on. Amendment A349C refers to, ""any other body or person"." Anyone who feels that they wish to contribute should be able to do so and Natural England should have to consider their comments. Some of these amendments clearly are probing in the sense that they overlap. Amendments A352 and A358 simply are further references to charities and are consequential on the first reference to them. I do not think that I have to explain any further why these organisations and bodies should be consulted. Their names and positions make that self evident. I beg to move.
Secondary information
- Type
- Proceeding contribution
- Reference
- 709 c1445-6
- Session
- 2008-09
- Chamber / Committee
- House of Lords chamber
- Subjects
- Compensation Devolved matters Appeals Armed forces Decommissioning Costs Coastal areas Common land Delegated legislation Coastal erosion Land Licensing Dogs Liability Environment protection Ferries Energy Legislative competence Farms Inland waterways Land use Environment Agency Isles of Scilly Floods Isle of Wight Estuaries Local government Navigation Livestock Planning Ports Public consultation National Assembly for Wales Public footpaths Nature conservation Parish and town councils National parks Ministry of Defence Scotland Wales Rights of way Repairs and maintenance Shipping Seas and oceans Wildlife Rural areas Firing ranges Islands Natural England Lundy Island
- Legislation
- Marine and Coastal Access Bill (HL) 2008-09
- National Parks and Access to the Countryside Act 1949
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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