---

Marine and Coastal Access Bill [HL]

My Lords, I apologise for the error in the reference; I am not quite sure how that came about. We may all be familiar with the concept of a fair balance generally, but I do not know that it has been used as a term in legislation before. There is real concern, notably on the part of the Ramblers’ Association and the British Mountaineering Council, that "a fair balance" might mean splitting the difference. There will always be a reason for landowners to appeal proposals—I shall return to that in a moment. My noble friend Lord Greaves’ amendment would add to Clause 287(3) the requirement that the Secretary of State and Natural England must aim to strike a fair balance, ""so far as is reasonably practicable without compromising the objectives of the coastal access duty"." In doing so, he is seeking to put the fair balance concept into the context of the coastal access duty and the coastal access scheme. If one were not to do so, and to see something as being fair but separate from the coastal access duty and scheme, there might be a rather different outcome. Perhaps the Minister will tell me that the new schedule on coastal access reports—to which it is clear we shall all soon agree, and which defines "fair balance" in the same terms as the clause—means that my concerns are unfounded. I do not see a direct connection between the clause and the schedule. While the amendment may not be required because of the purpose of the schedule, I note that the schedule requires the person appointed to make the determination to consider whether the proposals do not fail to strike a fair balance. I am a little concerned that the language around this is slightly fuzzy. It is important that there is consistency and clarity in the aim of the coastal access duty. I beg to move.