Countryside and Rights of Way Bill — Effect of right of access on rights and liabilities of owners — 13 Jun 2000

I beg to move amendment No. 133, in page 41, line 9, leave out "or sailboard", and insert--

'other than a manually propelled vessel'.

Amendment No. 132, in clause 40, page 23, line 20, after "3", insert--

In the case of land covered by water, for example a river, the bed of the river belongs to the fee simple owner of the land through which the river passes.

The riparian owner has the exclusive right of navigation on water which overlies his land.

The public will, however, acquire rights of navigation if . . . either the riparian owner dedicate the water as a public highway, or . . . if statutes confer such rights on the public.

We realize that this is only a start and there is more to do to ensure voluntary measures work. But I want to assure you--

that we are determined to do all we can to ensure that the goal of greater access becomes a reality.

Amendment, by leave, withdrawn.

Amendments made: No. 200, in page 41, line 10, at end insert--

I beg to move amendment No. 210, in page 42, leave out lines 32 to 35 and insert--

'has the meaning given by section 20.'.

Amendment agreed to.

I beg to move amendment No. 2, in page 3, line 37, at beginning insert--

'by the end of the period of 32 months beginning with the day on which this Act is passed,'.

identifying the different types of open country is not a precise science and somebody has to take a view.

Amendment, by leave, withdrawn .

Amendment made: No. 29, in page 4, line 29, leave out from "hearing" to end of line 31 and insert ", or".-- [Mr. Kevin Hughes.]

Amendment made: No. 139, in page 6, line 16, at end insert--

'( ) A document purporting to be certified on behalf of the appropriate countryside body to be a copy of or of any part of a map in conclusive form issued by that body for the purposes of this Part shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.'.-- [Mr. Kevin Hughes.]

Amendment made: No. 140, in page 6, line 17, leave out "has" and insert "have".-- [Mr. Mullin.]

could make it impossible to register access land as a green in future even where it has a long pattern of qualifying use by local inhabitants. Caselaw requires evidence of 20 years' qualifying local use right up to the date of application to register land as a green. The amendment as worded could prevent an application in, say, three years' time to register an established green from succeeding. A saving is required to avoid this unintended effect.

Perhaps the Minister will wish to return to this matter.

any plant, shrub or tree, of whatever origin, is to be regarded as a natural feature of the landscape.

If the public are given a new statutory "right of access" . . . they must accept that the countryside contains hazards and they might cause themselves injury.

People who damage themselves while trespassing are less likely to try and sue the estate than people who have a right of access. Suing is increasingly a problem because of the rise of the no-win no-fee solicitors who advertise their services widely.

such care as is reasonable in all the circumstances of the case to see that he--

the trespasser--

does not suffer injury on the premises.

such liability would be at a very low level--the duty of common humanity--as set out in the case of Herrington v. British Railways Board.--[ Official Report, Standing Committee B , 18 April 2000; c. 391-98.]

Amendment agreed to.

Amendment proposed: No. 8, in page 8, line 7, leave out "natural".-- [Mr. Green.]

Question put, That the amendment be made:--

The House divided: Ayes 149, Noes 282.

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