Thursday, 12 November 2009

What the Coastal Access measures will mean to horse riders

The Marine Bill's new restrictions on Coastal Access, will make access to England's beaches less clear for people with horses. In effect, the Bill makes horse riders into trespassers, where before they were not.

The restrictions for the new "Coastal Margin/Access Land" under the alterations that the Bill makes to the CROW Act 2000 are:

Crow Act 2000 - Restrictions: Schedule 2

Restrictions to be observed by persons exercising the right of access
1. Section 2 (1) does not entitle a person to be on any land if, in or on that land he,…

8.1. (c) has with him any animal other than a dog,

Crow act 2000 General restrictions

The right of access introduced by the CROW Act is for open air recreation on foot. Activities like bird watching, picnicking, climbing and running are included under the new right. Other activities, however, are covered by restrictions excluding them from the right of access. Unless the landowner or occupier gives their permission for these activities to be carried out, or they are included in the terms of other rights of access apart from the CROW Act, then anyone engaging in any of these activities on CROW access land will be trespassing.

The restrictions are:

• Riding a horse or bicycle .............

Tuesday, 7 July 2009

Brilliant News

A New Amendment to the Bill

The Liberal Democrat MPs Andrew George (St Ives) and Roger Williams (Brecon and Radnorshire) have shown their support for access to the coast for horse riders.

On July 7th they tabled a new amendment to the Marine and Coastal Access Bill relating to the foreshore. So that our existing access could yet be given clarity and security we need. Many thanks for this.

They have moved the following clause:

1. Schedule 2 to the CROW Act is amended as follows

2. In paragraph 1(c), at the end, insert “or in the case of that part of coastal margin land which is foreshore, a dog or a horse.”’.

http://www.publications.parliament.uk/pa/cm200809/cmbills/108/amend/pbc1080707m.61-67.html

Wednesday, 24 June 2009

“Horseworld misses bridleway and coastal access chances”

Horse and Hound 11th June 2009.

This unhelpful and misleading article about coastal access for equestrians seems to imply that the hard working people involved in improving our countryside access have not done enough.

This is simply not true. Baroness Mallalieu, Lord Greaves and Lord Tyler were extremely well briefed by the BHS and the National Federation of Bridleways Associations. They put the case to the Lords for the need to protect our existing access, and the inclusion of equestrians to the coastal margin with great cogency. The amendments which have been made to the Bill as a result of their support do at least represent some progress for horse riders.

Before jumping in to criticise, Horse and Hound would do well to recognise what the equestrian access lobby is actually up against and lend them their support.

Government policy that the scope of the Coastal Access would only apply to walkers, was set in stone as early as 2005 and predated the consultation period. The Minister with responsibility for that decision was Jim Knight, the then Minister for the Horse. What this important sounding post actually entails, is a mystery. Certainly not acting as a champion for equestrian access.

In 2007 a research paper commissioned by Defra was published, the Asken Report into Coastal Access. The Report noted the popularity of horse riding on many beaches around the country. It wisely alerted government to the possible disadvantage to equestrian access of promoting a statutory access on foot only.

As a way of limiting that damage the report recommended that ‘the opportunity could be taken to extend access rights for horses to foreshores and beaches, thereby making a wider range of such areas available for horse riding.’ The report was considered (presumably in some detail) by the Secretary of State for Environment Food and Rural Affairs, the then Minister for the Horse Minster Barry Gardiner.

The British Horse Society and the Equestrian Access Forum were in correspondence with Barry Gardiner at that time but still no action was taken to either protect existing equestrian access or to improve it. Lobbying a government which is not prepared to even listen to your concerns is not a rewarding experience but at least the consultation period would offer the equestrian community a chance to have their say.

Of the 35 respondents to the consultation question, whether higher rights should be included, 27 were in favour and only 9 were against. Unfortunately, even this pronounced majority in favour of the inclusion of higher rights was not enough to change the government’s mind. The unchanged Bill rolled on to the Select Committee.

Since the Coastal Access provisions put before the Select Committee excluded horse riders, no representative from the equestrian access lobby was invited to appear. The discussions were almost entirely limited to the concerns of the Ramblers Association and the Country Landowners Association.

However, written evidence from other groups was made available to the Committee. The 19 respondents in favour of including horse riders were characteristically Local Authorities, Local Access Forums and representatives of charitable organisations with an interest in promoting countryside access. 7 of those expressed concern that Natural England had not recognized existing traditional recreational use. Evidence was also received from the four Coastal Access pilot study areas, three of these recommended that horse riders should be included.

Pieces of written evidence against the inclusion of horse riders were slightly fewer, 16 in all. These were mainly from landowners, occupiers or their advisory bodies. The striking point about these responses was that it was not always clear to whether they were referring to the coastal paths, the coastal margin or the foreshore. Only 2 out of a total of 16 respondents against were specifically concerned about horse riders’ current use of the foreshore. Which flags up the fact that amending the Bill to include statutory access to that area, would probably be a popular measure.

So, Amendment 124T, obtained in the House of Lords, which aims to preserve our existing access to the foreshores, was really quite an achievement in the face of such determined opposition from government. That was the first opportunity horse riders have had to express their concerns, which government has done its utmost to suppress.

There is still work to do though. The amendment is worded in very general terms (see below) and the fact that the Bill does not specifically recognize horse riders as legitimate existing users, is a serious omission which needs to be challenged in the House of Commons. It would be most encouraging if Horse and Hound supported this measure.

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.”,

Whereas the amendment tabled by Lord Greaves and Lord Tyler but subsequently withdrawn was more strongly worded:

propose that the CROW Act Schedule 2 be amended by inserting at the end of paragraph 1c, “or in the case of that part of the Coastal Margin land which is foreshore, a dog or a horse.”

Horse and Hound Comment

“Horseworld misses bridleway and coastal access chances”
Horse and Hound 11th June 2009.
This unhelpful and misleading article about coastal access for equestrians seems to imply that the hard working people involved in improving our countryside access have not done enough.

This is simply not true. Baroness Mallalieu, Lord Greaves and Lord Taylor were extremely well briefed by the BHS and the National Federation of Bridleways Associations. They put the case to the Lords for the need to protect our existing access, and the inclusion of equestrians to the coastal margin with great cogency. The amendments which have been made to the Bill as a result of their support do at least represent some progress for horse riders.

Before jumping in to criticise, Horse and Hound would do well to recognise what the equestrian access lobby is actually up against and lend them their support.

Government policy that the scope of the Coastal Access would only apply to walkers, was set in stone as early as 2005 and predated the consultation period. The Minister with responsibility for that decision was Jim Knight, the then Minister for the Horse. What this important sounding post actually entails, is a mystery. Certainly not acting as a champion for equestrian access.

In 2007 a research paper commissioned by Defra was published, the Asken Report into Coastal Access. The Report noted the popularity of horse riding on many beaches around the country. It wisely alerted government to the possible disadvantage to equestrian access of promoting a statutory access on foot only.

As a way of limiting that damage the report recommended that ‘the opportunity could be taken to extend access rights for horses to foreshores and beaches, thereby making a wider range of such areas available for horse riding.’ The report was considered (presumably in some detail) by the Secretary of State for Environment Food and Rural Affairs, the then Minister for the Horse Minster Barry Gardiner.

The British Horse Society and the Equestrian Access Forum were in correspondence with Barry Gardiner at that time but still no action was taken to either protect existing equestrian access or to improve it. Lobbying a government which is not prepared to even listen to your concerns is not a rewarding experience but at least the consultation period would offer the equestrian community a chance to have their say.

Of the 35 respondents to the consultation question, whether higher rights should be included, 27 were in favour and only 9 were against. Unfortunately, even this pronounced majority in favour of the inclusion of higher rights was not enough to change the government’s mind. The unchanged Bill rolled on to the Select Committee.

Since the Coastal Access provisions put before the Select Committee excluded horse riders, no representative from the equestrian access lobby was invited to appear. The discussions were almost entirely limited to the concerns of the Ramblers Association and the Country Landowners Association.

However, written evidence from other groups was made available to the Committee. The 19 respondents in favour of including horse riders were characteristically Local Authorities, Local Access Forums and representatives of charitable organisations with an interest in promoting countryside access. 7 of those expressed concern that Natural England had not recognized existing traditional recreational use. Evidence was also received from the four Coastal Access pilot study areas, three of these recommended that horse riders should be included.

Pieces of written evidence against the inclusion of horse riders were slightly fewer, 16 in all. These were mainly from landowners, occupiers or their advisory bodies. The striking point about these responses was that it was not always clear to whether they were referring to the coastal paths, the coastal margin or the foreshore. Only 2 out of a total of 16 respondents against were specifically concerned about horse riders’ current use of the foreshore. Which flags up the fact that amending the Bill to include statutory access to that area, would probably be a popular measure.

So, Amendment 124T, obtained in the House of Lords, which aims to preserve our existing access to the foreshores, was really quite an achievement in the face of such determined opposition from government. That was the first opportunity horse riders have had to express their concerns, which government has done its utmost to suppress.

There is still work to do though. The amendment is worded in very general terms (see below) and the fact that the Bill does not specifically recognize horse riders as legitimate existing users, is a serious omission which needs to be challenged in the House of Commons. It would be most encouraging if Horse and Hound supported this measure.

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.”,

Whereas the amendment tabled by Lord Greaves and Lord Tyler but subsequently withdrawn was more strongly worded:

"propose that the CROW Act Schedule 2 be amended by inserting at the end of paragraph 1c, “or in the case of that part of the Coastal Margin land which is foreshore, a dog or a horse.”

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.

Monday, 22 June 2009

Horse and Hound comment

“Horseworld misses bridleway and coastal access chances”
Horse and Hound 11th June 2009.

This unhelpful and misleading article about coastal access for equestrians seems to imply that the hard working people involved in improving our countryside access have not done enough.

This is simply not true. Baroness Mallalieu, Lord Greaves and Lord Taylor were extremely well briefed by the BHS and the National Federation of Bridleways Associations. They put the case to the Lords for the need to protect our existing access, and the inclusion of equestrians to the coastal margin with great cogency. The amendments which have been made to the Bill as a result of their support do at least represent some progress for horse riders.

Before jumping in to criticise, Horse and Hound would do well to recognise what the equestrian access lobby is actually up against and lend them their support.

Government policy that the scope of the Coastal Access would only apply to walkers, was set in stone as early as 2005 and predated the consultation period. The Minister with responsibility for that decision was Jim Knight, the then Minister for the Horse. What this important sounding post actually entails, is a mystery. Certainly not acting as a champion for equestrian access.

In 2007 a research paper commissioned by Defra was published, the Asken Report into Coastal Access. The Report noted the popularity of horse riding on many beaches around the country. It wisely alerted government to the possible disadvantage to equestrian access of promoting a statutory access on foot only.

As a way of limiting that damage the report recommended that ‘the opportunity could be taken to extend access rights for horses to foreshores and beaches, thereby making a wider range of such areas available for horse riding.’ The report was considered (presumably in some detail) by the Secretary of State for Environment Food and Rural Affairs, the then Minister for the Horse Minster Barry Gardiner.

The British Horse Society and the Equestrian Access Forum were in correspondence with Barry Gardiner at that time but still no action was taken to either protect existing equestrian access or to improve it. Lobbying a government which is not prepared to even listen to your concerns is not a rewarding experience but at least the consultation period would offer the equestrian community a chance to have their say.

Of the 35 respondents to the consultation question, whether higher rights should be included, 27 were in favour and only 9 were against. Unfortunately, even this pronounced majority in favour of the inclusion of higher rights was not enough to change the government’s mind. The unchanged Bill rolled on to the Select Committee.

Since the Coastal Access provisions put before the Select Committee excluded horse riders, no representative from the equestrian access lobby was invited to appear. The discussions were almost entirely limited to the concerns of the Ramblers Association and the Country Landowners Association.

However, written evidence from other groups was made available to the Committee. The 19 respondents in favour of including horse riders were characteristically Local Authorities, Local Access Forums and representatives of charitable organisations with an interest in promoting countryside access. 7 of those expressed concern that Natural England had not recognized existing traditional recreational use. Evidence was also received from the four Coastal Access pilot study areas, three of these recommended that horse riders should be included.

Pieces of written evidence against the inclusion of horse riders were slightly fewer, 16 in all. These were mainly from landowners, occupiers or their advisory bodies. The striking point about these responses was that it was not always clear to whether they were referring to the coastal paths, the coastal margin or the foreshore. Only 2 out of a total of 16 respondents against were specifically concerned about horse riders’ current use of the foreshore. Which flags up the fact that amending the Bill to include statutory access to that area, would probably be a popular measure.

So, Amendment 124T, obtained in the House of Lords, which aims to preserve our existing access to the foreshores, was really quite an achievement in the face of such determined opposition from government. That was the first opportunity horse riders have had to express their concerns, which government has done its utmost to suppress.

There is still work to do though. The amendment is worded in very general terms (see below) and the fact that the Bill does not specifically recognize horse riders as legitimate existing users, is a serious omission which needs to be challenged in the House of Commons. It would be most encouraging if Horse and Hound supported this measure.

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.”,

Whereas the amendment tabled by Lord Greaves and Lord Tyler but subsequently withdrawn was more strongly worded:

propose that the CROW Act Schedule 2 be amended by inserting at the end of paragraph 1c, “or in the case of that part of the Coastal Margin land which is foreshore, a dog or a horse.”

Friday, 19 June 2009

A Plaskitt Case - comment.

James Plaskitt MP for Warwick and Leamington, seems to think its OK to ignore the many residents who have contacted him, asking specifically about the inclusion of access for equestrians in the Marine Bill.

I note that he simply repeats the usual excuses for not including horse riders in the access provisions, i.e. the complexity of the environment, impractibility and lack of money.

In no way does this stock reply answer the question many of us are most concerned about. How is the government going to protect our existing traditional access to the foreshore?

Horse riders in Scotland have already been granted a statutory right of responsible access to their beaches and foreshores. By choosing not to do so in England, government is missing a simple and cost effective opportunity to increase statutory access for horse riders.

Instead of approaching this matter with a closed mind, please would Mr. Plaskitt listen to his constituents. There is still the time and the opportunity to include statutory access to the forshore for equestrians in this Bill. To be effective and clear it needs to recognise that horse riders are legitimate users of those areas.

This would be a sustainable, practical and affordable solution. It would also help to correct the impression held by many of us, that Labour is intent on air brushing horse riders out of the countryside access picture.