Countryside and Rights of Way Bill — Exclusion or restriction at discretion of owner and others — 13 Jun 2000

Amendment made: No. 142, in page 8, line 8, at end insert--

'(6B) For the purposes of subsection (6A) above, any plant, shrub or tree, of whatever origin, is to be regarded as a natural feature of the landscape."'.-- [Mr. Kevin Hughes.]

No. 144, in page 8, line 35, at end insert--

'or

(d) the public have access to it under subsection (1) of section 19 of the Ancient Monuments and Archaeological Areas Act 1979 (public access to monuments under public control) or would have access to it under that subsection but for any provision of subsections (2) to (9) of that section.'.-- [Mr. Kevin Hughes.]

I beg to move amendment No. 110, in page 9, line 1, leave out "90" and insert "21".

Mr. Deputy Speaker:

With this it will be convenient to discuss the following amendments: No. 84, in page 9, line 3, after "land", insert--

Landowners can take a number of routes if they wish to dedicate their land in the short term, but clause 16--

is not one of them, as it is intended to deal with the long term.--[ Official Report, Standing Committee B , 18 April 2000; c. 412.]

Amendment, by leave, withdrawn .

I beg to move amendment No. 65, in page 10, line 23, at end insert--

'(6A) The relevant confirming authority shall publish guidance to access authorities as to the matters which may be included in such byelaws and the purpose thereof with the intention that byelaws in the areas of each access authority shall be consistent with the byelaws in any other access authority.'.

The access authority shall review . . . the adequacy of warden arrangements in respect of . . . access land in their area . . . not more than one year after that land became access land,

not state, "shall, where appropriate or expedient" . . .--[ Official Report, Standing Committee B , 2 May 2000; c. 444.]

Amendment, by leave, withdrawn.

Amendments made: No. 145, in page 10, line 29, after "authority" insert "making the appointment".

No. 146, in page 10, line 38, after "authority" insert "appointing them".

No. 147, in page 11, line 3, leave out first "which" and insert "who".-- [Mr. Meacher.]

Amendments made: No. 148, in page 11, line 10, leave out "and".

No. 149, in page 11, line 12, at end insert--

'and

(iii) any other matters relating to access land or to access by virtue of section 2(1) which the access authority consider appropriate.'.-- [Mr. Meacher.]

No. 151, in page 12, line 2, at end insert--

'(6) Where--

(a) it appears to the Forestry Commissioners that any land which is dedicated for the purposes of this Part under section 16 consists wholly or predominantly of woodland, and

(b) the Forestry Commissioners give to the body who are apart from this subsection the relevant authority for the purposes of this Chapter in relation to the land a notice stating that the Forestry Commissioners are to be the relevant authority for those purposes as from a date specified in the notice,

the Forestry Commissioners shall as from that date become the relevant authority in relation to that land for those purposes, but subject to subsection (7).

(7) Where it appears to the Forestry Commissioners that any land in relation to which they are by virtue of subsection (6) the relevant authority for the purposes of this Chapter has ceased to consist wholly or predominantly of woodland, the Forestry Commissioners may, by giving notice to the body who would apart from subsection (6) be the relevant authority, revoke the notice under subsection (6) as from a date specified in the notice under this subsection.'.-- [Mr. Meacher.]

I beg to move amendment No. 11, in page 12, line 6, at end insert--

'(1A) Under this section an entitled person may exclude or restrict access by virtue of section 2(1) to any land for no more than 40 days in any calendar year.'.

We all want agriculture to be prosperous, forward-looking and sustainable. It must be competitive, and flexible enough to respond quickly and effectively to market changes and consumer needs. The entrepreneurial family farm will continue to thrive--but it will often be supported by adding value to farm products or income from non-farming activity. In many more areas farmers will look to turn a positive approach to the environment to their own economic advantage.

Nothing that we propose to do to limit the days when landowners can automatically close their land will affect their right to apply to the countryside bodies or national park authorities for further closures on any day of the year, where they have legitimate reasons for doing so, for example for land management.

It is not the case that the Bill would prevent shooting on Saturdays.--[ Official Report, Standing Committee B , 2 May 2000; c. 476.]

The proposed definition is, in some respects, rather narrow . . . the amendment might cast doubts on the possibility of closures for, for example, motor racing, war games, training racehorses or waste processing activities--[ Official Report, Standing Committee B , 2 May 2000; c. 480.]

any activity to maintain, improve or use sporting opportunities on the land.

It is absolutely imperative that ewes and lambs are not disturbed during the period of lambing.

It being Ten o'clock, further consideration of the Bill stood adjourned.

Motion made, and Question put forthwith, pursuant to Standing Order No. 15 (Exempted business),

That, at this day's sitting, the Countryside and Rights of Way Bill may be proceeded with, though opposed, until any hour.-- [Mr. Kevin Hughes.]

Question agreed to.

As amended in the Standing Committee, again considered.

Question again proposed, That the amendment be made.

We believe that the 28 days specified in the Bill is far too short a time period. Often lambing can take place over a six-week period and it is imperative that ewes and lambs are not disturbed during this time.

Question put , That the amendment be made:--

The House divided: Ayes 155, Noes 294.

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