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Mr. Paice: The Minister may be technically right, but clearly that is not part of the impact that we would expect. I take him back to the welcome news that he is prepared to consider amendments Nos. 86 and 87. For the purposes of how we proceed, did he say that he will accept them?
Mr. Mullin: No. I said that we will consider them, without commitment, at this stage. However, the hon. Gentleman knows that we have a good track record of taking on board points made by Conservative Members. I hope that he will bear that in mind when he comes to consider how he should proceed. It is our view that the amendments would be consistent with the new sections on the breeding of horses.
In so far as the amendments relate to nature conservation, section 29 will be amended by the Bill so as to require authorities to have regard to the conservation of nature and landscape. That complements section 11 of the Countryside Act 1968, which requires public bodies to have regard to the desirability of conserving the natural beauty and amenity of the countryside in the exercise of their functions. Natural beauty is defined as including nature conservation. There has to be a limit on the number of matters that councils are required to consider when making public paths. I am sure that the hon. Gentleman will agree with that when he reflects on it. We are almost at that limit and, although I am willing to consider amendments Nos. 86 and 87, I hope that he will not press amendments Nos. 99 and 100.
Amendment No. 214 is essentially a technical amendment that forms part of the mechanism for determining appeals arising from the new right of landowners and occupiers to apply for orders to divert footpaths and bridleways that pass over their land and for school proprietors to apply for diversions of rights of way that cross school grounds to protect staff and pupils.
Amendment No. 271, which arises from an amendment moved in Committee by my hon. Friend the Member for Stafford (Mr. Kidney), would ensure that charges cannot
be imposed under current legislation for members of the public to inspect registers of applications for certain stopping-up and diversion orders, which councils will be required to keep under new section 121B(5) of the Highways Act 1980.
Mr. Hogg: I want to comment briefly on amendment No. 72 as nothing has been said about it from the Conservative Benches. I am as much a walker as the hon. Member for Denton and Reddish (Mr. Bennett), but I am wholeheartedly against the amendment for three reasons. First, it would not prevent frivolous and vexatious applications. Secondly, landowners would have to respond to such applications. That would cost them money and I am thoroughly against imposing new charges on farmers and landowners. Thirdly, I find it incompatible with my concept of private property, which we sometimes seem to be in danger of losing sight of in these debates.
I say to the Under-Secretary that, although I do not always agree with him--indeed, I usually do not agree with him--I robustly endorse his rejection of the amendment.
Mr. Bennett: I am not particularly happy with the Minister's reply, but perhaps we can pursue the matter further when we discuss new clause 2. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
6.15 pm
Mr. Meacher: I beg to move amendment No. 228, in page 51, line 2, leave out from "(f)" to first "a" in line 4.
Mr. Deputy Speaker: With this it will be convenient to discuss the following: Government amendment No. 229.
Amendment No. 59, in page 52, line 17, leave out from beginning to end of line 30 on page 53.
Amendment No. 113, in page 52, line 19, leave out "footpath or bridleway", and insert "relevant highway".
Amendment No. 39, in page 52, line 19, leave out from "is" to second "area" in line 20 and insert "in their".
Amendment No. 114, in page 52, line 19, leave out "both".
Amendment No. 115, in page 52, line 20, leave out--
'and in a designated urban area'
Government amendments Nos. 231 and 232.
Amendment No. 116, in page 52, line 24, leave out "footpath or bridleway" and insert "relevant highway".
Government amendments Nos. 233 to 235.
Amendment No. 117, in page 52, line 35, leave out "footpath or bridleway" and insert "relevant highway".
Amendment No. 118, in page 52, line 36, leave out "footpath or bridleway" and insert "relevant highway".
Government amendments Nos. 236 to 238.
Amendment No. 119, in page 53, line 27, at end insert--
'(8A) In this section "relevant highway" has the meaning given in section 119D(2).'.
Amendment No. 77, in page 53, line 29, leave out from "State" to end of line 30 and insert "under section 121F below".
Amendment No. 60, in page 53, line 31, leave out "118C" and insert "118B".
Amendment No. 120, in page 53, line 34, leave out "footpath or bridleway" and insert "relevant highway".
Amendment No. 121, in page 55, line 28, leave out "footpath or bridleway" and insert "relevant highway".
Amendment No. 92, in page 55, line 28, leave out from "footpath" to "that" in line 32 and insert--
', bridleway or restricted byway which is in their area, it is expedient, in the interests of preventing or reducing crime,'.
Amendment No. 41, in page 55, line 28, leave out from "is" to second "area" in line 29 and insert "in their".
Amendment No. 122, in page 55, line 28, leave out "both".
Amendment No. 123, in page 55, line 29, leave out--
'and in a designated urban area'.
Government amendments Nos. 242 and 243.
Amendment No. 124, in page 55, line 35, leave out "footpath or bridleway" and insert "relevant highway".
Government amendments Nos. 244 to 246.
Amendment No. 125, in page 55, line 49, leave out "footpath or bridleway" and insert "relevant highway".
Amendment No. 126, in page 56, line 3, leave out "footpath or bridleway" and insert "relevant highway".
Government amendments Nos. 248 to 250.
Amendment No. 75, in page 56, line 20, at end insert--
', and which is substantially as convenient to the public'.
Government amendments Nos. 251 and 252.
Amendment No. 76, in page 56, line 54, at end insert--
'(e) the relative convenience to the public of the existing path or way and the proposed new right of way, and
(f) the effect which the diversion would have on public enjoyment of the path or way as a whole.'.
Government amendments Nos. 253 to 255.
Amendment No. 127, in page 57, line 17, leave out "footpath or bridleway" and insert "relevant highway".
Amendment No. 128, in page 57, line 21, at end insert--
'(12A) In this section "relevant highway" has the meaning given in section 119D(2)'.
Amendment No. 42, in page 57, leave out lines 22 and 23.
Amendment No. 78, in page 57, line 23, leave out "118B(9) above" and insert "121F below".
Amendment No. 129, in page 57, line 27, leave out "footpath or bridleway" and insert "relevant highway".
Amendment No. 130, in page 57, line 30, leave out "footpath or bridleway" and insert "relevant highway".
Government amendments Nos. 258 to 262, 265 to 270 and 272.
Amendment No. 79, in page 69, line 17, at end insert--
'Designation orders
121F.--(1) The Secretary of State shall have power to make an order (in this section referred to as a "designation order") designating an urban area as an area in which sections 118B and 119B for the time being apply.
(2) A designation order may be made only on the application of the local highway authority for the area which is the subject of the order.
(3) Such an application must be made in such form and accompanied by such information as shall be prescribed.
(4) Before submitting an application the local highway authority shall--
(a) give notice of its intention to submit an application;
(b) permit inspection free of charge of the application and supporting information;
(c) provide the opportunity for objections and representations to be made; and
(d) consult such bodies as may be prescribed;
in such form and manner as may be prescribed.
(5) In his consideration of the application and any objections and representations made to the local highway authority the Secretary of State--
(a) may hold a public inquiry;
(b) shall be required to satisfy himself that the proposed designation is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998;
(c) may reject the application or approve it in the terms of the application or such varied terms as he shall think fit but so that in the case of variation the area referred to in the order may not be greater than that referred to in the application.
(6) An order made by the Secretary of State under this section shall be accompanied by a plan showing the designated area and the routes of all the footpaths and bridleways within the area.
(7) An order made by the Secretary of State under this section shall be for a period not exceeding five years, and the Secretary of State shall have power to make one or more further orders for subsequent periods, but only upon receipt of further application.
(8) Where an order has been made by the Secretary of State the authority shall--
(a) publicise the making of the order; and
(b) keep available for public inspection free of charge a copy of the order and of the plan referred to in subsection (6) above in such a manner as shall be prescribed.
(9) In this section "prescribed" means prescribed by regulations made by the Secretary of State.'.
Mr. Meacher: I shall try to make the length of my speech inversely proportionate to that of the list of amendments. Government amendments Nos. 228 to 262, 265 to 270 and 272 arise from commitments that we gave in Committee to consider amendments tabled by the hon. Members for Somerton and Frome (Mr. Heath), for Ashford (Mr. Green), for South-East Cambridgeshire (Mr. Paice) and for Cotswold (Mr. Clifton-Brown)--in other words, a wide range of interests--that related to the provisions in new sections 118B and 119B for the closure or diversion of footpaths and bridleways to prevent crime in certain areas and to increase school security.
The core amendments have four main effects. First, amendments Nos. 230, 235, 241 and 246 deal with the powers to close rights of way in certain areas to prevent or reduce crime. In Committee, Conservative Members argued that those powers should not be confined to designated urban areas but should be available throughout England and Wales. As I made clear in Committee, the principal threats that the powers are intended to counter arise from the use of back alleys in built-up areas to gain access to premises. However, we accept that confining those powers to urban areas could exclude any smaller settlements in rural areas where there may be a case for them to be available. The amendments would therefore remove the word "urban", enabling the Secretary of State or the National Assembly for Wales to designate any area in which it appears to them that the powers should be available.
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