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Marine and Coastal Access Bill [HL]

This group of amendments offers a bewildering array of alternative versions of much the same thing; indeed, I have my name to the trio of amendments spoken to by my noble friend Lord Goodlad. This is not surprising. The loss of control over a landowner’s private property is clearly significant. The extensive and extremely detailed consultation and representation requirements that we have just ploughed our way through are, of course, extremely welcome, and will be very useful in improving buy-in to the scheme, as well as the likelihood that the route will be established sensibly. However, those requirements are not a replacement for a proper appeals system, where Natural England’s decisions are reviewed by an independent and objective body. The lack of an appeals system has, as has been noted by your Lordships, led to an enormous outcry among many stakeholders. I am sure that we have all received briefings from an impressive array of interested bodies and organisations. I know that my colleagues in another place have received letters from constituents. The Country Land and Business Association, in particular, has been very helpful in articulating its concerns. The strength of feeling from almost all groups has been heavily on the side of inserting a proper appeals system. Indeed, only Natural England has indicated to me that it is happy with the Bill’s current drafting. These are not only outside bodies; several committees have added their voices, too. I am very pleased that the Joint Committee on Human Rights selected my Amendment A357A as one that removes what it confirms is a breach of Article 6 of the European Convention on Human Rights. Of course, many of the other amendments in the group do much the same thing, but it is always nice to hear that one’s drafting achieves, for once, what one intended it to do. With such an overwhelming weight of opinion against them, it is not surprising that the Government have indicated that they are willing to move on this point. Indeed, recent discussions have indicated that they now accept that there must be an appeals process. There is much agreement between us about what must be established. First, the appeals process must be independent. For Natural England or the Secretary of State to act as judge and jury on a report and the representations received would be inappropriate and would add nothing to what has already been drafted. The adjudicating body must be able to disagree with a decision held by both Natural England and the Secretary of State, and have that disagreement upheld. It would be equally inappropriate for Natural England or the Secretary of State to act as gatekeeper to the process. Secondly, the right of appeal should be established for those who are losing something, specifically those losing control of the land that they have a relevant interest in. Thirdly, and as my noble friend Lord Goodlad said, the appeals process should be quick, accessible and as cheap as possible, while remaining credible. It is in no one’s interests to tie Natural England and the appellants down in a long, expensive and arcane legal procedure. Amendment A357A should achieve all these things. The Planning Inspectorate is experienced in such decisions and can act at a suitably local level to ensure that the entire process is not overly burdensome or complicated. I look forward to the Minister’s response, and I hope that when we return to the matter on Report we will be much further along in coming to a final agreement.