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Marine and Coastal Access Bill [HL]

I am grateful to the noble Lord for the succinct way in which he has presented an important case. This group of amendments deals with Clause 293(5), which allows the Secretary of State by order under new Section 3A to the CROW Act to modify the description of land in England as coastal margin for the purposes of this part of the Act. Amendments A357C, A359A and A359B would restrict the ability of the Secretary of State to make changes to the restrictions regime and to Schedule 1 to the CROW Act, which covers categories of excepted land. The amendments refer to "spreading room". I have no difficulty understanding what spreading room is, but the noble Lord will also know that we have no definition of spreading room in the Bill because we do not use it. He makes me swallow hard when he comes up with a new term at this stage, although I have no doubt that he will say that it is not a new concept. We take spreading room to mean the coastal margin, other than that over which the route actually passes. The amendments seek to restrict changes to the restrictions and excepted land regime by referring to the route strip only. Amendment A359D would introduce a new type of exclusion or restriction for the protection of wild birds, for the reasons expressed by the noble Lord when he introduced the amendment, for a limited period of not more than 14 days at the discretion of the Secretary of State. Continuity and certainty of access are paramount to our vision of improving access to the English coast. That principle underlies this legislation. Because of this, although access to land may still be excluded or restricted, there will clearly be some differences between this and the current system under the CROW Act for open country—mountain, moor, heath and down—which gives rise to very different issues from those to which the coastal path gives rise. We expect careful and considered identification of the coastal margin to be undertaken in line with a statutory scheme approved by the Secretary of State, and in consultation and discussion with local interests, to ensure that any impact on business is minimal. I bear in mind the various representations made earlier in our discussions today about the significance of the health of the countryside to those who use and appreciate the coastal paths. When aligning the route, Natural England would be able to propose restrictions on access, for example for nature conservation reasons, or to protect crops or livestock. People with an interest in the land will also be able to ask Natural England to propose restrictions, for example for reasons of land management, and can make representations to the Secretary of State if Natural England does not do this. The need for these restrictions will be considered by the Secretary of State. After the initial alignment process, landowners and those with an interest in land will be able to apply for further restrictions if circumstances change, and they will be able to make representations if these are not agreed. These measures mean that the facility in the CROW Act for landowners to restrict or exclude access for up to 28 days a year at their discretion—this is available for open country—is not necessary or appropriate for coastal land. We have to ensure that continuity of access around the coast is maintained. Otherwise this legislation does not achieve its main purpose. As I said previously, we will carry out a public consultation process on the new Section 3A order to allow owners and occupiers of land the opportunity to comment on any proposals we might make. We have already published a paper setting out the changes we envisage will need to be made, but we will review these in the light of the consultation process. We will look in particular at whether different regimes are appropriate for the route slip and the wider coastal margin. We need the benefit of that consultation and other debates both in this House, which I can anticipate on Report and beyond, and in the other place, will help to guarantee that we get this right. Our view, therefore, is that the provisions in the Bill for full consultation with owners and occupiers about the alignment of the coastal route and our consultation on the order are the right ways to take these important issues forward. We do not see the need to insert a new provision in the Bill, and although I share with the noble Lord, Lord Taylor, the concerns he has expressed in his amendments, I hope he will accept that the Government have considered these issues fully and that the Bill pursues a road which guarantees that what he seeks in his proposals for the way in which Natural England is to operate is already in the Bill. Given that, I hope that he will withdraw his amendment.