§ LORD SORENSENMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government what reports have been received from municipal authorities in respect of the preservation or closure of public footpaths; how many cases of unlawful closure of public footpaths have been recorded and appropriate action taken; and what advice or instruction has been given to municipal authorities in respect of safeguarding public right of way over traditional footpaths.]
§ LORD KENNETMy Lords, no such reports have been received and I have no information about the number of cases of unlawful closure or of action taken thereon. These are matters for the local county borough or district councils, who have a statutory duty under the Highways Act 1959 to assert and protect public rights of way in their areas. Authorities are reminded, in the circulars about footpaths issued by the Ministry from time to time, of their duty to keep paths free of obstruction.
§ LORD SORENSENMy Lords, is the noble Lord aware that, in fact, many public footpaths have gone out of use and are lost for ever to the general public? Is he not also aware that some public-spirited citizens in the county of Essex and in other counties from time to time walk over obliterated pathways in order to restore them to public use? Would he not consider at least advising the local authorities responsible what pro- 914 cedure to pursue in order to secure that public footpaths which have been enjoyed for a long time will still he available for the public?
§ LORD KENNETMy Lords, I will look into the question of the desirability of another circular on this subject, but I would remind the House that it is only four or five months since it passed the new Act on this subject.