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Mr. Meacher: I am grateful for my hon. Friend's comments about Pamela Warhurst. There is no question but that she has a great deal of experience in countryside recreation and leisure, and I have no doubt that she will make a magnificent contribution to the implementation of the access provisions.
I take note of what my hon. Friend says about four-wheel drives. There are many areas of the country where they are causing substantial disturbance and where there is a need for tighter regulation and larger penalties. I am looking into such matters carefully, as the hon. Member for Surrey Heath (Mr. Hawkins) knows from his correspondence with me.
Mr. Edward Garnier (Harborough):
By granting a statutory right of access, the Minister's statement will necessarily produce damaging effects on the rights of property. Under the European convention on human rights, and under the Government's Human Rights Act 1998, that cannot happen without compensation. What assessment have the Government made of the levels of compensation that will be required under the convention and under the Act, and what further assessment have the Government made of the levels of additional insurance that landowners will have to take out to cover visitors on to their land?
Mr. Meacher:
On the question of crime, may I make it clear to the hon. and learned Gentleman that the right of access will cease for anyone who breaches any of the range of restrictions under the National Parks and Access to the Countryside Act 1949 or who commits a criminal offence. Such a person will automatically lose any statutory right of access and ipso facto be subject to the civil law of trespass. [Interruption.] Let me add, as the hon. and learned Gentleman looks a little mystified, that robbers, thieves and other miscreants do not require a
Mr. Garnier:
The Minister is not answering the question.
Mr. Meacher:
If I did not understand the question, I am quite prepared, with your permission, Madam Speaker, to allow the hon. and learned Gentleman to clarify it.
Madam Speaker:
I shall not let these exchanges run much longer, so I want brief questions. If the Minister has not understood the question, of course I must take it again.
Mr. Garnier:
I am grateful, Madam Speaker. The new policy will affect the rights of property, but under the European convention on human rights and under the Human Rights Act 1998, which this Government passed, that cannot happen without compensation in lieu. My first question was what assessment the Government have made of the levels of compensation that will be required. Secondly, what assessment have they made of the levels of insurance that will have to be taken out by landowners in order to protect visitors to their land?
Mr. Meacher:
I did understand the hon. and learned Gentleman's question and I was coming to that point. I have already made it clear that a statutory right is entirely consistent with other activities, such as agriculture and development, continuing. Our view is that a fair balance has been drawn between the interests of landowners and the general interest. In our view, there is no right to general compensation under the Human Rights Act 1998.
Mr. Barry Jones (Alyn and Deeside):
I thank my right hon. Friend for his historic statement. I presume that besides a soft voice, he carries a big stick with which to deal with any remnants of 18th century oligarchy. What new access does my right hon. Friend envisage there will be in Wales? Will he say a little more about Wales with its unrivalled scenery, to which the people of Wales want more access?
Mr. Meacher:
My hon. Friend is right to say that Wales probably has a higher proportion of beautiful landscape than any other part of the country. One third of the total open countryside in England and Wales, within the 4 million acres to which I referred, lies in Wales. The scope for the National Assembly for Wales to introduce arrangements that take account of particular Welsh circumstances will depend on provisions in the Bill. I have no doubt that the new Welsh Assembly will be interested in examining the application of the provisions. It will have the opportunity to do so, and we will take account of that when we draw up the Bill.
Mr. Elfyn Llwyd (Meirionnydd Nant Conwy):
I have two brief questions for the Minister. Why have the Government not ensured that local government in Wales, for example, has the funds to keep existing footpaths open? Does he not realise that exempting extensively grazed land from the agricultural sector will thereby make
Mr. Meacher:
Perhaps the hon. Gentleman was not listening, but I made it clear that my Department and the Welsh Office will ensure that resources are available to local authorities to cover the costs of the new legislation. That will include the building of stiles, gates and signs and possibly some rangering services. We have made it clear that extra resources will be provided for those purposes.
In respect of grazed land, I dissociate myself from the hon. Gentleman's pejorative use of the word "traipsing". We are talking about a pastime that is probably more popular with more people in this country than any other and it would be appropriate to use more respectful terms such as "rambling" or "walking". I do not accept that rough-grazed land is inappropriate for rambling and, if there are particular cases where rambling is producing damage, I would expect the issue to be raised with the local access forum. Evidence would have to be produced that damage had been caused.
Mr. Kevin McNamara (Hull, North):
I welcome the Government's proposals, and I am sure that my local branch of the Ramblers Association does so as well, but does my right hon. Friend accept that the devil will be in the detail? In anticipation of the legislation, will his Department establish local access forums at once to discuss the problems that will arise in particular areas and try to make ready for when the legislation is passed? Will my right hon. Friend ensure that mapping, which can be carried out after the legislation is passed, is not used as an excuse to prevent its introduction? In view of his undertaking to protect wildlife and his restrictions on the use of dogs, will we see the end of deer hunting, hare coursing and fox hunting?
Mr. Meacher:
I am concerned that local access forums should be set in place as quickly as possible. I have asked the Countryside Commission, which is soon to be replaced by the Countryside Agency, to draw up proposals in respect of the precise functions, membership and coverage of those forums and I shall certainly want to proceed with that as quickly as I can. I agree that mapping should not be used as an excuse for delay and I shall be keeping a careful eye on that to ensure that mapping is achieved as quickly as possible, although access provisions for different categories of land may come into effect at different times.
In respect of dogs, my hon. Friend was making a rather wider point. There are general problems relating to dogs and we will be drawing up guidelines, which will provide for an outright ban in local circumstances where that is appropriate.
Mr. Michael Jack (Fylde):
The Minister said in his statement that, at some point in the future, he may seek to extend the power of access to woodland. Does he propose to seek primary legislative power to give him a general right to designate access--not only to woodland, but to any other form of land--at his discretion?
Mr. Meacher:
No, that is not the intention. I have asked what will be the Countryside Agency to draw up
Ms Joan Walley (Stoke-on-Trent, North):
I acknowledge the enormous amount of work done by my right hon. Friend, and warmly welcome the proposal for legislation on statutory rights of access. What extra funds, however, will be required in respect of footpaths and the wider aspects of the legislation? When he speaks to the new Countryside Agency and to local authorities, will my right hon. Friend bear in mind the fact that in Staffordshire, 189 applications regarding disputed rights of way are outstanding? At this rate, it will take 15 years to see them through. Will my right hon. Friend assure us that funds will be available?
Mr. Meacher:
I have already tried to reassure the House that my Department and the Welsh Office will make resources available to cover the cost of the new legislation. I have said the same to local authorities. When that is still not sufficient, we think it reasonable to charge--where car parks, hides or guided trails are provided, for instance--but we do not think it reasonable to charge for the right of access in principle.
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