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Coastal access plans examined

Summary

On 3 April 2008 the Government published its Draft Marine Bill (Cm. 7351), which proposes to legislate to give people right of access on foot all around the English coast.

This Report, 'Draft Marine Bill: Coastal Access Provisions' (HC 656-I), examines the provisons made by the Draft Bill for coastal access.

The Committee remains dissatisfied about the uncertainty that surrounds the process of pre-legislative scrutiny as exemplified by this case. The Committee was surprised at the vague and uncommunicative way that the Government deals with the House in preparing for such scrutiny.

When the Government is preparing draft bills in the future it should inform the Liaison Committee which should recommend, in consultation with the relevant departmental select committee, how pre-legislative scrutiny should be conducted.

The Bill places too much emphasis on trusting Natural England to 'get it right' in terms of determining the alignment of the route and extent of spreading room. Landowners and occupiers, in particular, are entitled to more concrete safeguards especially as the Government intends to strike a 'fair balance' between public and private interests. The lack of a formal appeal process is a fundamental weakness of the Bill.

Other conclusions and recommendations of the Report include:

  • The Committee is still to be convinced that £5 million a year for 10 years is enough to create access land all around England.
  • The Government should also clarify responsibility for long-term maintenance before the Bill is introduced.
  • The more detail Natural England can provide early on about how it intends to implement the policy in common coastal scenarios will reduce concerns.
  • Natural England should produce a detailed draft of its scheme before Parliament starts to consider the Bill.
  • Natural England should have a statutory duty written into the Bill to conduct a review of the lessons it has learned from early implementation of the proposals.

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Law-Making Explained

This is a House of Commons paper (HC 656-I, 2007-08). It is a Report by the House of Commons Environment, Food and Rural Affairs Committee.

Find out more about House of Commons papers.

How does it affect me?

If you are interested in the Government's plans to allow people right of access on foot all around the English coast, this affects you.

Further Reading

Find out more about the Environment, Food and Rural Affairs Committee

Read more on the April 2008 Draft Marine Bill (Cm. 7351)

Find out more about Natural England


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