Countryside and Rights of Way Bill

Part of the debate – in the House of Lords at 10:45 pm on 3 October 2000.

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Photo of Baroness Miller of Chilthorne Domer Baroness Miller of Chilthorne Domer Liberal Democrat 10:45, 3 October 2000

The amendment seeks to ensure that where there is a serious threat to wildlife there is a sufficient penalty to deter any reckless or uncaring behaviour. It also seeks to probe whether the Government believe that they will have complied with the relevant European legislation.

Members of the Committee will bear in mind that if the amendment were accepted it would apply to an area that was already closed for a good reason. As the Bill stands, a person can contravene Section 24 and be banned only for 24 hours--perhaps a little more if the Government consider that proposal. If the land is already closed, it must be closed for a good reason. Therefore, contravening the closure is already more serious than simply engaging in some of the activities listed in Schedule 2.

The provision does not seek to criminalise harmless trespass. It is for people who have no reasonable excuse and who knowingly fail to comply with the Section 24 direction. There will be some onus on agencies to ensure that people are aware of the closures and responsibility will rest with them.

Strong sanctions are required in order to signal to the public the importance of restrictions on sites which are already sensitive and because they are a measure against flagrant breaches. The new right of access applies to approximately 1.25 million hectares of open country which are notified as SSSIs. Of those, 300,000 hectares are designated as being of international importance under the EC birds and habitats directives. I tabled the amendment with those areas particularly in mind.

Clause 24 provides a sound framework for restricting access to protect nature conservation interests but in practice those restrictions are likely to apply to a small area of land which supports particularly sensitive species or habitats and where the potential for harm is high. We believe that in many cases, restrictions will be necessary in order to deliver the Government's requirements under the EC birds and habitats directives. Therefore, it follows that a good case will have to have been made for any restrictions or exclusions and it is logical that the penalty for ignoring those restrictions should be greater than for any other access land.

There is also the issue of even-handedness because the Bill introduces powers for courts to fine owners, occupiers and public bodies under Part III up to £20,000 for causing or committing damaging operations on SSSIs without reasonable excuse. As Part I stands, there seems to be no penalty to be imposed on individuals who may damage such sites intentionally.

Better wildlife protection is one of the least controversial aspects of the Bill--Part III is popular on all sides of the Committee--but without the amendment included in Part I the Bill does not deliver in that area. I beg to move.