Memorandum submitted by the British Mountaineering
Council (Appendix 10)
EXECUTIVE SUMMARY
1. The British Mountaineering Council (BMC)
welcomes the draft Bill. The BMC raises some issues of particular
concern to the effectiveness of the legislation in answer to questions
raised by the Committee. The BMC highlights the importance of
access and recreation within the purpose of the proposed Integrated
Agency, and makes comments on the importance of landscape protection
in the work of the Agency. The BMC suggests additions relating
to survey and monitoring within the scope of research and makes
comments on the powers of the Secretary of State to determine
the membership of the Integrated Agency. The BMC identifies a
key issue in supporting rural communities and states its belief
that it should be a statutory consultee on countryside matters
under the draft Bill.
BACKGROUND INFORMATION
2. The British Mountaineering Council (BMC)
is the representative body for hill-walkers, climbers and mountaineers
in England and Wales, and has a membership of over 64,000. The
BMC's stated mission is to:
Negotiate access improvements and
promote cliff and mountain conservation.
Promote and advise on good practice,
facilities, training and equipment.
Support events and specialist programmes
including youth and excellence.
Provide services and information
for members.
Access and conservation have been central concerns
of the BMC since its formation in 1944 and is the area of work
seen by members as the Council's most important activity. The
BMC owns a small number of climbing sites and is involved in managing
others.
INTEGRATED AGENCY
3. The British Mountaineering Council welcomes
the publication of the draft Natural Environment and Rural Communities
(NERC) Bill and this chance to comment upon it. We welcome the
establishment of the Integrated Agency as an effective and powerful
champion of the natural environment and the Commission for Rural
Communities as a strong advocate for rural communities.
4. The EFRA Committee asks whether the draft
NERC Bill differs significantly from proposals in the Government's
Rural Strategy, and if the draft Bill allows Government to implement
proposals in the Rural Strategy effectively. The BMC believes
that the draft NERC Bill as it relates to the Integrated Agency
is broad and enabling in scope. Thus we do not identify any key
conflicts between proposals in the Rural Strategy and the wide
scope of the Bill. Given the level of detail presented thus far,
it is hard to answer whether the Bill allows effective implementation.
Paragraphs 5 to 8 below highlight some concerns which will need
resolving for effective implementation to occur.
5. Regional delivery is enabled in the Bill,
but its effective implementation depends on the detailed arrangements.
6. Delivery of agri-environment schemes
will be a key rôle of the work of the Agency. It is important
that access agreements form a part of these schemes wherever possible.
7. In order to achieve its aims the Integrated
Agency may need powers or duties to be able to influence other
organisations, such as local authorities or highway authorities.
It is not currently clear that these powers/duties are present
in the draft Bill.
8. Partnership working with non-governmental
and volunteer organisations will be needed for the Integrated
Agency to be fully successful. While this is enabled by the draft
NERC Bill, the detail will again determine how effective this
will be.
ACCESS AND
RECREATION
9. As climbers, mountaineers and hillwalkers,
members of the BMC rely on the natural environment for their activities,
and the protection of this natural environment is crucial to the
long-term viability of these outdoor activities. The BMC hold
a real concern that the importance of access and recreation may
be relegated to a position of little significance if the Integrated
Agency is dominated by agricultural and conservation interests.
The general purpose set out in clause 2 of the draft Bill does
not indicate priorities for the Agency, but facilitating and promoting
access to the countryside for open air recreation in accordance
with the general purpose should not be held subservient to other
aspects of its work.
10. It is the experience of the BMC that
it is rare that conflict between access to the countryside and
biodiversity or landscape concerns cannot be resolved to the satisfaction
of all parties. In the event of irreconcilable conflict between
aspects of the general purpose given in clause 2(2), decisions
should be made based on the merits of each case.
LANDSCAPE PROTECTION
11. While biodiversity protection is a critical
and welcome part of the role for the Integrated Agency, landscape
protection is also extremely important. The level of protection
afforded landscape should be raised to a par with that for biodiversity.
RESEARCH, SURVEY
AND MONITORING
12. The BMC welcomes the inclusion of research
as a role for the Integrated Agency in clause 4. Given the importance
of accurate data as the bedrock of informed policy and decision
making, we suggest that "survey and monitoring" be added
following "research" in both clauses 4(a) and 4(b).
POWERS OF
THE SECRETARY
OF STATE
13. Schedule 1, clauses 3 and 4 give the
Secretary of State sweeping powers to determine the composition
of the Agency's membership. The BMC believes this has the potential
to compromise the Integrated Agency's ability to be an independent
body. In addition, the balance of interests within this membership
and the necessary competencies will need to be addressed.
COMMISSION FOR
RURAL COMMUNITIES
14. The role of the Commission is more tightly
defined than that of the Integrated Agency and the BMC welcomes
its role as an advocate for the needs of rural communities. In
doing this, the Commission must recognise the important positive
economic impact that tourism and in particular visitors engaged
in outdoor activities have on many of the most disadvantaged rural
communities. This is recognised in Chapter 3, paragraphs 89 to
97 of the Rural Strategy.
BRITISH MOUNTAINEERING
COUNCIL AS
A STATUTORY
CONSULTEE
15. The British Mountaineering Council is
a Statutory Consultee under the Countryside and Rights of Way
Act 2000. The BMC should also be made a statutory consultee on
matters relating to the countryside under this legislation.
British Mountaineering Council
February 2005
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