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Marine and Coastal Access Bill [HL]

My Lords, I am most grateful to the Minister for responding positively and in such detail to the recommendations in the report of your Lordships’ Select Committee on the Constitution, published on 18 December last year, that the range of powers contained in the Bill to require coastal landowners to permit public access to their property should be accompanied by a right to appeal to an independent body and that the possibility of making a claim for judicial review in the High Court would not have been proportionate or realistic for the vast majority of aggrieved citizens. I welcome the Minister’s confirmation in very recent correspondence that it will, none the less, be open to a person who believes that the Secretary of State’s determination in respect of a coastal access report is legally flawed to seek a judicial review of it. Your Lordships’ committee has recently expressed concern that the government amendment does not refer in direct terms to the inspectors of the Planning Inspectorate and that the status and qualifications of the appointed persons are of constitutional significance. In your Lordships’ committee's view, the proposed system of appointed persons should be seen to operate at arm’s length from Ministers and from Natural England. The Planning Inspectorate, a recognised appellate body, would, in the view of your Lordships’ committee, satisfy that requirement. The Minister has explained in recent correspondence where the Government do not believe it desirable to make a direct reference to inspectors of the Planning Inspectorate in the Bill, although he has expressed the Government’s intentions in his speech. He may wish to share with the House the undertakings that he gave to me in his letter of 29 May about the persons to be referred to in the envisaged regulations. However, I reiterate that I am extremely grateful to the Minister and the Government for the attitude that they have shown and for the Minister’s typical courtesy.