Access to the Open Countryside (Hansard, 25 February 1998)

§ The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Baroness Hayman)

The Government have issued today their consultation paper setting out proposals for giving people greater access to the open countryside in England and Wales. Copies have been placed in the Library of both Houses.

The consultation paper reflects the Government's determination to fulfil their manifesto commitment to give greater freedom for people to explore our open countryside.

Our proposals have the potential to benefit the millions of people who already enjoy, or who will in future enjoy, walking in the countryside. Current arrangements for access to areas of open countryside, rather than rights of way, have not been used extensively and are not generally well understood. In many cases, people are understandably confused about the areas of land on which they are entitled to walk or the circumstances under which they may do so. We need to secure more and better quality access with greater clarity and certainty for all concerned.

Our proposals are about giving greater access to open countryside, not to developed or cultivated land. Our first priority is to increase access to mountain, moor, heath, down and registered common land. In total these cover no more than 12 per cent. of the land in England and Wales. We also wish to see more access to other areas of open country such as woodland, cliffs and foreshore, and will introduce measures to encourage this if necessary.

In developing our proposals, we intend to ensure that a proper balance is struck between the rights and responsibilities of those who will benefit from greater access and of others affected by it. We are determined that those who will enjoy greater access should be responsible: the countryside and people's property and livelihoods must continue to be respected and properly protected. The Government recognise the need for sensible restrictions on the freedom of access to take account of the genuine needs of owners and other users of the land. Similarly, we recognise that access to some areas or at some times needs to be limited for reasons of health or safety, nature conservation, or archaeology.

We are prepared to consider all options, including voluntary arrangements, for achieving our objective of substantially greater access, and will consider carefully 106WA all responses to the consultation paper before reaching a decision on the best way forward. Assessment of the costs and benefits of different options will be a key part of our consideration. Costs to government (central and local), to owners and occupiers, and to the relevant statutory agencies will certainly be taken into account in considering how best to proceed. We do not expect that management of greater access will have major financial implications as, in most places, no changes will need to be made to accommodate walkers. We shall be making an environmental assessment and regulatory appraisal of our proposals, as necessary.

We are keen to ensure that the consultation process provides a genuine opportunity for all those interested to put forward their own ideas and views. We shall be allowing three months for consultation, ending on Friday 5 June. As well as considering written responses to the paper, we plan to hold meetings with organisations representing walkers, farmers and other owners and occupiers, and others with an interest. We shall also be drawing on the experience and expertise of the relevant statutory agencies and local authorities in firming up our ideas, and may need to consult further on some issues before announcing our conclusions, which we hope to do later this year.