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Lords amendment: No. 4, in page 2, line 35, leave out subsection (4) and insert--
("(4) If a person becomes a trespasser on any access land by failing to comply with--
(a) subsection (1)(a),
(b) the general restrictions in Schedule 2, or
(c) any other restrictions imposed in relation to the land under Chapter II,
he may not, within 72 hours after leaving that land, exercise his right under subsection (1) to enter that land again or to enter other land in the same ownership.")
Mr. Mullin: I beg to move, That this House agrees with the Lords in the said amendment.
Mr. Deputy Speaker (Mr. Michael Lord): With this it will be convenient to take amendment (a), Lords amendments Nos. 5, 11, 12, 14, 15, 17 and 18, Lords amendment No. 19, Amendments (a), (b) and (c) thereto, Lords amendments Nos. 20 to 23, Lords amendment No. 24, amendments (a) and (b) thereto, and Lords amendments Nos. 25, 28, 29, 35 to 37 and 158 to 170.
Mr. Mullin: This group of amendments deals with restrictions on the right of access, the behaviour of those exercising the right of access, and the consequences of a breach of any restriction.
Lords amendment No. 4 and consequential Lords amendment No. 5 extend the period during which those who breach restrictions lose the statutory right of access. The amendments will ensure that a user who fails to comply with clause 2(1)(a)--by damaging a wall or fence and so on--or who breaches a schedule 2 restriction or any other restriction imposed under chapter II, will lose the statutory right for 72 hours after leaving the land. We believe that 72 hours is a reasonable time for the right to be lost in those circumstances.
The Bill provides a power in clause 16(6) to enable an owner dedicating land as access land to lift any of the restrictions in schedule 2 in so far as they relate to the land dedicated. Similarly, paragraph 6 of schedule 2 allows the relevant authority, with the consent of the owner of the land, to remove any of the restrictions in schedule 2.
Lords amendments Nos. ll, 12 and 170 make it clear that, in either circumstance, as well as the removing entirely of any restriction, it will be possible partially to lift that restriction.
Lords amendment No. 14 enables access authorities to make byelaws in anticipation of the right coming into force. It provides that the Secretary of State may not confirm byelaws until the land is access land.
Lords amendment No. 15 allows parish and town councils to enforce byelaws made on access land under clause 17 by another authority--either the access authority or a district council. We believe that it makes a modest improvement to the Bill, and we agreed to accept it. It was moved from the Opposition Front Bench on Report in another place.
Lords amendment No. 17 provides that wardens may be appointed to secure compliance with any restriction or exclusion imposed under chapter II. It is sensible that
access authorities should be able to appoint wardens for such purposes and the amendment makes it clear that it is possible.Lords amendment No. 18 provides that, before an access authority erects a notice on access land under its powers in clause 19, it should, where reasonably practicable, consult the owner or the occupier of the land.
Lords amendment No. 19 introduces a new clause intended to ensure that the public and landowners have adequate information about their rights and responsibilities under the new right of access. It gives a duty to the countryside bodies to issue a code of conduct for the guidance of those exercising the new right, and to take the steps that they believe are necessary to ensure that the public are informed of the extent of, and means of access to, access land. It also places a duty on them to take the necessary steps to ensure that the public and landowners are informed of their rights and obligations under the new right of access and in relation to rights of way and nature conservation on access land.
The code of conduct issued under the new clause may also contain information that goes beyond the new right of access, relating to national parks, areas of outstanding natural beauty and long-distance walking routes.
We concluded, not without considerable deliberation, that within the 28 days allowed in clause 21 for discretionary closures, we should include a number of days on which closures can take place at the weekend. Lords amendments Nos. 21 and 22 provide that, as part of the discretionary allowance, those entitled to that allowance should be able to restrict access or close their land, without seeking approval, on up to four days at the weekend, although not on Saturdays between 1 June and 11 August and not on Sundays between 1 June and 30 September. I believe that this represents a sensible compromise between the needs of land managers and the interests of those wishing to benefit from the new right of access.
As well as entitling landowners to exclude or restrict access on up to four days at the weekend, Lords amendment No. 21 removes the regulation-making power set out in clause 21(7), which would have enabled the days on which the discretion to exclude or restrict access may be exercised to be varied. This fulfils a recommendation of the House of Lords Select Committee on Delegated Powers and Deregulation.
Lords amendment No. 23, which was moved by my noble Friend Lord Dubs on Report in another place, is a useful amendment that allows regulations to be made to ensure that the discretion is applied in relation to properly identified units of land. We consider that it will help to ensure clarity and certainty in the exercise of the discretion under clause 21.
The question of restrictions on dogs exercised us somewhat in Committee. Lords amendment No. 24 provides new targeted measures to protect fully the interests of land management, particularly in relation to grouse shooting and lambing. Landowners will be given a new power to exclude dogs from grouse moors for specified periods of up to five years. That is intended to protect the economic interests of those who manage the land for grouse shooting. I am sorry that the hon. Member for Mid-Sussex (Mr. Soames) is not here to express his gratitude, as he pressed the Committee hard on the matter. We will take his gratitude as read.
Farmers will be able to exclude dogs from fields or enclosures of up to 15 hectares if they believe it to be necessary in connection with lambing. They may seek exclusion for a period of up to six weeks in a calendar year. In notifying restrictions under the new provisions, landowners will be required to follow procedures that will be set out in regulations. Lords amendment No. 29 provides for the making of those regulations under clause 30. Lords amendment No. 20 is consequential on No. 21, and provides that the discretionary power to exclude dogs from grouse moors is exercisable by the landowner.
Lords amendment No. 25 relates to closures because of the risk of fire. Clause 23 allows for directions to be made excluding or restricting access for the purpose of fire prevention, by reason of any exceptional weather conditions. The amendment provides that directions may also be made by reason of any exceptional change in the condition of the land. We believe that this will go a long way towards addressing concerns expressed both here and in another place about the risk of fire on access land.
Lords amendment No. 28 requires the Secretary of State for Defence to prepare and lay before both Houses of Parliament a report on all reviews of defence directions under clause 26 that have been undertaken in a given year. This is a response to an amendment tabled in Committee by the hon. Member for Somerton and Frome (Mr. Heath).
Lords amendments Nos. 35 and 36 were tabled in the light of advice from the Select Committee on Delegated Powers and Deregulation. They require that regulations made to vary the list of general restrictions in schedule 2 must be subject to the affirmative resolution procedure. The addition--and, more important, the removal--of activities should be subject to the scrutiny of both Houses.
Lords amendment No. 37 relates to the definition of livestock in Clause 41. It is a technical amendment, consequential on an amendment made on Report in the Commons.
Lords amendments Nos. 158, 164 and 167 are intended to bring greater clarity to the effect of the restrictions in schedule 2, by making the wording more consistent with that in clause 2(1). Lords amendment No. 159 adds the feeding of livestock to the list of restricted activities under schedule 2. Lords amendment No. 160 adds trapping to the list and Lords amendment No. 161 ensures that a person on access land who has with him an "engine, instrument or apparatus" used for trapping will also be in breach of the restriction in paragraph 1(i). Lords amendment No. 162 adds a restriction on tampering with mine shaft covers, protective guards and fences used to enclose livestock.
Lords amendment No. 163 extends the period during which dogs must be on leads to five months, so that it covers the period from 1 March to 31 July. The issue was hotly debated, but that should be satisfactory to all who expressed their views in Committee. The amendment was tabled after further consultation with English Nature, in the light of concerns that the Bill did not provide adequate protection to deal, in particular, with lambing and the breeding season for ground-nesting birds.
6.30 pm
Mr. Llwyd: I welcome the amendments. They respond to a very reasonable debate earlier in our proceedings. However, it has come to my notice that the constitutions of some ramblers groups contain a rule that they do not take dogs with them. If such groups were to be represented on local forums and were to agree with landowners and other interested parties that they would not take dogs into the countryside, what would be the Government's response? That is likely to happen in one area in my constituency.
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