Tuesday 23 June 2009

Amendment in Marine Bill doesn’t really nail it for horse riders

Lord Hunt of Kings Heath, the Deputy Leader of the House of Lords, moved an amendment to Part 9 of the Marine and Coastal Access Bill intended to protect the existing access currently enjoyed by horse riders. What do you think of this wording? Is it clear and unambiguous? Does it give ‘clarity and security’ to English horse riders like the Scottish law?

Amendment 124T

Moved by Lord Hunt of Kings Heath

124T: Clause 293, page 188, line 37, at end insert—

“( ) In section 20 (codes of conduct and other information)—

(a) in subsection (1), omit “and” at the end of paragraph (a) and after paragraph (b) insert

“, and (c) that, in relation to access land which is coastal margin, the public are informed that the right conferred by section 2(1) does not affect any other right of access that may exist in relation to that land.”,

and

(b) after that subsection insert—

“(1A) The duty imposed by subsection (1) to issue and revise a code of conduct may be discharged, in relation to access land which is coastal margin, by (or in part by) issuing and revising a separate code relating to such access land only.” ”

Amendment 124T agreed.

Well, I don’t see the word ‘horse’ here. In 2010 when the Bill has been passed, the Coastal Access provisions will be implemented by local authorities and others. Do you really think that horse riders will immediately spring to mind when they read the words ‘any other rights of access that may exist’?

More Importantly, how will horse riders prove they have existing rights, when government refuses to acknowledge them. As Baroness Mallalieu so succinctly put it to the House of Lords, when explaining horse riders’ concern that their existing access is likely to be eroded:

“I urge that the matter cannot simply be left in the air or in the realms of ministerial assurances. There needs to be a clear requirement in the Bill to try to preserve those existing rights. Many people ride on the foreshore for pleasure or other reasons. People train racehorses on the beach and many more like to take their bicycles on to the hard sand. Whether justified or not, people have a real fear that when the Bill is implemented barriers will go up preventing access to anyone other than pedestrians. I rather think that waving a copy of the excellent letter which the noble Lord, Lord Hunt, wrote to me would be less effective in getting those barriers removed than having a clear statement in the Bill. That is what that simple amendment would do and I hope that, if not now, at a later stage there will be no objection to something of that sort being included in the Bill.”

If like me, you don’t think the wording of this Bill cuts the mustard, please contact your MP now. The Bill is currently being considered in the Commons and there’s still time to ask for more clarity.