Memorandum submitted by The Churches'
Legislation Advisory Service (DMB 08)
COASTAL ACCESS
WHO WE
ARE
1. The Churches' Legislation Advisory Service,
formerly the Churches Main Committee, is an ecumenical body that
brings together all the major churches in the United Kingdom (and,
because the umbrella ecumenical bodies are members, many of the
smaller churches as well), together with the United Synagogue.
A note of our membership in England and Wales is annexed. We welcome
the opportunity to comment on the Government's proposals on coastal
access.
COASTAL ACCESS
2. The Committee's press notice mentions
specifically the case for exceptions to, and deviations from,
a route giving continuous access to the coast itself and asks
whether the draft Bill strikes the right balance between rights
of access and rights of owners and occupiers and whether there
should be compensation in any circumstances for the creation of
coastal access rights.
3. In the particular case of the Church
of England, where a churchyard is situated on the coast there
is not normally any problem about access for walkers: most churchyards
are accessible simply by opening the gate. However, with very
few exceptions, Church of England churchyards are consecrated
ground and inalienable and nowhere does this appear to be
stated in the Bill; perhaps it was not thought necessary to do
so. However, it should be clearly understood that consecrated
ground cannot be appropriated to provide access. We were given
to understand that, where a church was situated on the coast,
the approved route would go round the perimeter of the church
grounds: we would welcome confirmation of this.
4. We would also argue that cyclists and
horses should not have free access through churchyards, whether
the churchyard in question belongs to the Church of England or
to another church. Both Anglican and non-Anglican churchyards
have been commonly used for burials; and even if they have been
closed to further burials it would be inappropriate, in our view,
to allow people to go through them other than on foot.
5. More generally, we note the provision
in Clause 277(6) and (7), allowing temporary closure for land-management
purposes.
6. ANNEX: MEMBERS
AND ASSOCIATE
MEMBERS OF
CLAS IN ENGLAND
AND WALES
Apostolic Church
Archdiocese of Thyateira and Great Britain [of
the Greek Orthodox Church]
Assemblies of God in Gt Britain and Ireland
Association of Grace Baptist Churches (SE)
Baptist Union of Great Britain
Baptist Union of Wales/Undeb Bedyddwyr Cymru
Churches Together in Britain and Ireland
Churches Together in England
Church of Christ, Scientist
Church of England
Church of Scotland [which has congregations
in England]
Church in Wales/yr Eglwys yng Nghymru
Congregational Federation
CYTUN
Elim Foursquare Gospel Alliance
Evangelical Alliance
Fellowship of Independent Evangelical Churches
Free Churches Group
Free Church of Scotland [which has congregations
in England]
General Assembly of Unitarian and Free Christian
Churches
Independent Methodist Churches
London City Mission
Lutheran Council of Great Britain
Methodist Church
Moravian Church
Presbyterian Church of Wales/Eglwys Bresbyteraidd
Cymru
Religious Society of Friends (Quakers)
Roman Catholic Church in England and Wales
Salvation Army
Seventh-Day Adventist Church
Union of Welsh Independents/Undeb yr Annibynwyr
Cymraeg
United Reformed Church
United Synagogue
The Churches' Legislation Advisory Service
May 2008
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