Clause 302
Marine and Coastal Access Bill [Lords]
11:15 am
Huw Irranca-Davies (Parliamentary Under-Secretary (Marine and Natural Environment), Department for Environment, Food and Rural Affairs; Ogmore, Labour)
Once again, I thank the hon. Member for St. Ives for raising the issue. I am not a constitutional expert beyond the fact that it is my role as a legislator to have some knowledge of constitutional issues. The clause has been drafted by, and included on the advice of, parliamentary counsel, taking into account the issues raised by the hon. Gentleman, and they are content with it. Representatives of the Crown estate and the duchies have been fully involved and consulted and are content with the Bill constitutionally. It is worth reiterating that we have a clause that says that the provisions for creating an English coastal route and access to coastal land apply to the Crown and all Crown land, as they do to any other land. That includes land belonging to the Crown and Her Majesty’s private estates, the Duchy of Lancaster, the Duchy of Cornwall and Government Departments. It sets out the appropriate authorities that may act on behalf of the Crown in respect of those different categories of Crown land. We believe that Crown land should be included in the same way that any other land will be. For example, the Crown estate owns about half of the foreshore around the English coast and has traditionally permitted public access. Under the provisions in the Bill, once fully implemented through the order under section 3A of the CROW Act and the procedures set out in the 1949 Act, there is likely to be public access as of right to the foreshore and to other coastal Crown land, other than where it is excepted or excluded. I might earlier have said “Crown estate” when I should have said “Crown land”.