HL Deb 16 October 2000 vol 617 cc869-72
Chapter Short title Extent of repeal
1949 c. 97. The National Parks and Access to the Countryside Act 1949. Sections 87 and 88.
1990 c. 43. The Environmental Protection Act 1990. In Schedule 8, paragraph 1(12).
1995 c. 25. The Environment Act 1995. In Schedule 10, paragraph 2(7).")

On Question, amendment agreed to.

Schedule 11, as amended, agreed to.

Clause 77 [Commencement]:

Lord Whitty moved Amendment No. 554: Page 47, line 19, after (" 41,") insert— ("section 48, sections 54 and 55, sections 60 to 63 and Schedule 7,").

On Question, amendment agreed to.

[Amendment No. 555 had been withdrawn from the Marshalled List.]

Lord Whitty moved Amendments Nos. 556 and 557: Page 47, line 20, after ("Schedules") insert ("(Amendments consequential on change of name of Nature Conservancy Council for England),"). Page 47, line 22, leave out subsection (3).

On Question, amendments agreed to.

[Amendment No. 558 had been withdrawn from the Marshalled List.]

Baroness Byford moved Amendment No. 559: Page 47, line 27, at end insert (", provided that the remaining provisions of Part I of this Act shall not come into force until the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) has brought into force regulations making effective provision for notification to all members of the public proposing to enter onto access land of what exclusions or restrictions of access to that land are in force at the time").

The noble Baroness said: This amendment takes us back to where we began. Clearly it is necessary to ensure that before the right of access comes into force, all occupiers affected by that right should have been contacted as regards when closures or restrictions are required on their land. Where closures or restrictions are required from day one, it is also necessary to ensure that information is made readily available to the users of the countryside—in this the Minister will see that we have in fact come full circle. The noble Lord will recall that at the beginning of our deliberations, I moved a purpose clause. The Minister said that he could not accept that clause, but that he understood the point of the argument.

The key to the right of access provisions working successfully lies in effective management provisions. They must be in place from day one. Indeed, that applies also to mapping. I do not believe that this issue has yet been directly addressed. The Government must ensure that all the relevant provisions will be in place prior to the right becoming a reality on the ground. I beg to move.

Lord Whitty

We take seriously the concerns that have been expressed as regards confusion about rights of access and the need to ensure that it is properly managed and publicised. I appreciate that, were the new rights to come into force before the provisions managing such access come into effect, significant difficulties could arise both for landowners and for users. However, I do not believe that such a situation should arise.

Clause 77 already provides that the new right of access cannot come into force unless the Secretary of State or the National Assembly for Wales makes an order. I can assure the noble Baroness that, before such an order is made, effective public information will have been made available as regards any exclusions and restrictions which are to apply. We have referred previously to the steps that will be taken by the Countryside Agency to ensure that information as regards restrictions is made widely available to the public. In addition, amendments have been made in another place enabling directions under Chapter II to be made in advance of land becoming access land; that is, closures and restrictions can apply to land—which will include fast-track land if we choose to pursue that aim—from the moment that the right comes into effect.

We fully accept the point that lies behind this amendment; namely, that the regulations will need to be in place in advance of the right of access. I hope that this response indicates that we fully intend to meet the concerns expressed by the noble Baroness, and I hope that she will not wish to pursue it in this form.

Baroness Byford

I accept the Minister's response and I am grateful to him. The hour is late. If it is possible, I hope that we shall revisit this matter on Report, when the Minister will have had an opportunity to think further about what, on this side of the Committee, is considered to be an extremely important issue. It would be dreadful if, after all our deliberations, the provisions were to fail on the ground. We are anxious to ensure that that does not happen. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Whitty moved Amendments Nos. 560 and 561: Page 47, line 28, leave out ("(3) or"). Page 47. line 30, leave out ("(3) or").

On Question, amendments agreed to.

Clause 77, as amended, agreed to.

Clause 78 [Interpretation, short title and extent]:

2.45 a.m.

Lord Whitty moved Amendments Nos. 562 to 565: Page 47. line 37, at end insert— ("( ) Any reference in this Act, or in any enactment amended by this Act, to the commencement of any provision of this Act is, in relation to any area, a reference to the commencement of that provision in relation to that area."). Page 47, line 40, leave out ("Except as provided in Schedule 9,") and insert ("Subject to the following provisions of this section,"). Page 47, line 41, at end insert— ("(4) The following provisions extend also to Scotland—sections 63 and 67; in Schedule 7, paragraphs 3 and 5 to 7; in Schedule 9, paragraph 2. (5) Paragraph 1 of Schedule 9 extends to Scotland only."). Page 47, line 41, at end insert— ("(6) The provisions of Schedule (Amendments consequential on change of name of Nature Conservancy Council for England) and of so much of Part 111 of Schedule 11 as relates to the enactments referred to in paragraphs 2 and 3 of Schedule (Amendments consequential on change of name of Nature Conservancy Council for England) have the same extent as the enactments which they amend or repeal.").

On Question, amendments agreed to.

Clause 78, as amended, agreed to.

In the Title:

Lord Whitty moved Amendment No. 566: Line 7. after ("wildlife") insert ("to make further provision with respect to areas of outstanding natural beauty;").

On Question, amendment agreed to.

[Amendments Nos. 567 and 568 not moved.]

Title, as amended, agreed to.

House resumed: Bill reported with amendments.

House adjourned at fourteen minutes before three o'clock.