Clause 291
Marine and Coastal Access Bill [Lords]
5:30 pm
Ann McKechin (Parliamentary Under-Secretary, Scotland Office; Glasgow North, Labour)
The amendment, as the hon. Member for Newbury said, sets out how the Secretary of State and Natural England must go about fulfilling the coastal access duty, and sets out what they must take into account. Under the provision as drafted, they must have regard to the safety and convenience of those using the English coastal route, the desirability of the route being close to the sea and providing views of the sea and, as far as reasonably practicable, they must ensure that interruptions to the route are kept to a minimum. That is clearly stated in subsection (2). They must also aim to strike a fair balance between the interests of the public in having rights of access over land, and the interests of any persons with a relevant interest in the land. That means that a balance would be struck regarding the particular piece of land—not that the interests of the relevant person should be set against the interests of the public in the route and in coastal access as a whole. However, the coastal access duty requires Natural England to propose a route, and it must bear that in mind when trying to strike a fair balance. The body is under a duty to consider all options for the route, between the public interest in having the route and the interest of the landowner in having it cross his or her land. That will necessarily involve a balancing exercise between different landowners’ interests.
It is our intention that Natural England and the Secretary of State do everything that is reasonably practicable to achieve a fair balance. I cannot support the amendment, as requiring that Natural England and the Secretary of State “aim to” strike a fair balance is a strong inducement for them to do so, and we provide additional protection by making the Secretary of State jointly responsible with Natural England for making that decision, which should reassure those with an interest in the land. If they failed to do so, a person with a relevant interest in the land could object to the route under the procedure set out in schedule 19. We hope that consensus can be achieved in most cases, as my hon. Friend the Under-Secretary of State for Environment, Food and Rural Affairs has indicated. That balance lies at the heart of our proposals, and I believe that the correct balance has been struck. I urge the hon. Gentleman to withdraw his amendment on the basis of those reassurances.