RIGHTS OF WAY IMPROVEMENT PLANS (Hansard, 28 November 2000)

§ Mr. Mullin
I beg to move, That this House agrees with the Lords in the said amendment.

Mr. Deputy Speaker
With this it will be convenient to discuss Lords amendments Nos. 74 to 79 and 100.

§ Mr. Mullin
This group of Lords amendments relates to the rights of way improvement plans which the Bill requires local highway authorities to prepare and to 888 publish. Lords amendment No. 73 places additional emphasis on the recreational opportunities provided by footpaths, cycle tracks, bridleways and restricted byways in the context of local authorities' assessment of the opportunities for open-air recreation provided by local rights of way.
Lords amendment No. 74 provides that, when local highway authorities are assessing the opportunities provided by local rights of way for open-air recreation, particular emphasis should be given to exercise. Lords amendments Nos. 75 and 76 bring cycle tracks, other than those which form part of, or run alongside, a made-up carriageway, within the ambit of rights of way improvement plans.
Lords amendment No. 78 requires local highway authorities, when preparing their rights of way improvement plans, to consult the local access forums whose establishment is proposed under Lords amendment No. 127.
Lords amendment No. 100 relates to clause 64, which currently requires local authorities to have regard to the needs of people with mobility problems when authorising the erection of stiles, gates and other stockproof barriers on footpaths and bridleways under section 147 of the Highways Act 1980. Section 147 is concerned solely with approvals for the erection of new structures. Lords amendment No. 100 enables the authorities which at present have the power to authorise new stockproof structures to enter into agreements with owners or occupiers to alter or to replace existing structures to make them safer or more convenient for people with mobility problems.

§ Mr. David Heath
I welcome the gist of the amendments, especially the last one, whose genesis lies in discussions we had in Committee about ways to improve access to rights of way for people with mobility problems.
How does the Minister construe the amendment that makes a distinction between exercise and other forms of open-air recreation? How does adding the words exercise and other forms of assist our understanding of the purpose of the improvement plans? If it means that the plans will make a significant effort to improve the network of bridleways for recreational riding and available rights of way for carriage driving, so allowing cycling and riding to co-exist, I wholeheartedly welcome it. However, if there is another meaning, I ask the Minister to tell the House what it is, so that we can arrive at a view.

§ Mr. Mullin
As I said, Lords amendment No. 74 provides that when local highway authorities are assessing the opportunities provided by local rights of way for open-air recreation, particular emphasis should be given to exercise. I think that that means exactly what it says—healthy outdoor activity.

§ Mr. Heath
Is the Minister saying that open-air recreation can be something other than exercise for the purposes of using a right of way, or can exercise be something other than open-air recreation? Perhaps the distinction should not detain the House at this time of night, but I merely want to understand the meaning of the amendment, and interpretation has so far been lacking.

§ Mr. Mullin
If the hon. Gentleman will forgive me, I think we will have to follow the matter up later. He is pursuing me down all sorts of alleyways where I am not currently equipped to travel. May I get back to him at an appropriate moment?

§ Mr. Heath
indicated assent.

§ Mr. Mullin
The hon. Gentleman generously accepts. I am grateful.