Agriculture Bill

Lord Mann Excerpts

Committee stage & Committee: 1st sitting (Hansarad) & Committee: 1st sitting (Hansarad): House of Lords
Tuesday 7th July 2020 Lords Chamber

[The Earl of Caithness [V]]

My Lords, first, how nice it is to see the noble Lord, Lord Rooker, back with us and participating. We have missed him; I wish him very well and good health for the future. I also thank the noble Lord, Lord Clark of Windermere, for picking up the question I have asked the Minister twice, so far, about forestry and woodland. I hope that, third time lucky, we might get a reply from him.

I want to address the provision of public access; we will come to the consequences of public access in two amendments’ time, so I am not going to mention those. I am a great supporter of public access. It was absolutely crucial to me when I came out of hospital, and was being pushed around in a wheelchair, to be able to get out into the countryside on footpaths that could accommodate a wheelchair. They were quite difficult to find but we found them. It did my health and whole well-being a power of good. Having got out of the wheelchair, I have been using the footpaths to get as fit as I can. Some footpaths have certainly been good, but the bridleways are an absolute nightmare for anybody with bad knees or bad feet, and who has to use sticks.

What does the Minister mean by “public access”? There is no definition in the Bill. I believe that this is the beginning of the right to roam in England; I am sure that will come as a logical consequence of the Bill. Many farmers fear that public access will turn parts of England into a recreational theme park, rather than places with farming communities. The problem with public access is that it is a legal minefield. What public access is to be granted? Is it to be a permissive path or a bridleway? Will it be a BOAT—a byway open to all traffic—or a restrictive byway? We do not know. As my noble friend Lord Gardiner said, we want farmers to participate in this scheme, but they will not do so until they know what the consequences of these amendments are and what they actually mean.

Balance was mentioned by the noble Baronesses, Lady Scott of Needham Market and Lady Ritchie of Downpatrick, the noble Earl, Lord Devon, and my noble friend Lord Moynihan. We all would like a sensible balance in this, but there has been a huge amount of warfare between farmers and public access groups. There is a big history here. Let us take the example of two schools that have had huge problems just trying to divert footpaths: Helmshore Primary School in Lancashire and Wardour Catholic Primary School in Wiltshire. The ramblers have refused and have contested every opportunity to deviate the path along the edge of the field rather than through the playing fields, meaning that a school has lost a large chunk of its playing fields and, because of coronavirus, has had to fence that path off. That path must be monitored by staff when the children are out and cleared of dog mess regularly. It has caused the school a whole lot of problems. That has not helped in getting towards a balanced system.

Similarly, as the Minister will know, there is a huge backlog of applications to create rights of way where there may not be any at the moment. He will be aware that the South Somerset Bridleways Association has 261 applications to create new routes under the existing legislation. If we cannot get the existing system right, people will be very fearful of the future system. The British Horse Society trying to open a bridleway in Derbyshire contributed to the suicide of one of the owners; a suicide in Somerset was also linked to the aggressive attitude of Somerset County Council when trying to open a right of way that did not exist. There is a big history here. We must get this right, and that will take a lot of resolve by the Government.

One must also look at what the Open Spaces Society says on its website. If we are talking about balance, where is the balance in saying that your position is to oppose path changes? That is a complete no-no. It does not want any path changes. It goes on to say:

“Diversions out of farmyards should normally be opposed”


and that if spreading disease is given as a reason, it is invalid. How can it be invalid with coronavirus rampant?

We have a massive problem with the existing legislation. It is a legal minefield, it is costing owners thousands of pounds to prove a negative in many cases, and we are now faced with a Bill in which public access is to be opened up. I approve of that, but there will have to be a huge effort by the Government to get the present situation under control to reassure farmers about the future situation.

What will happen after 2026? If a landowner agrees a scheme over a public right of access before 2026, will it retrospectively become a bridleway or a public footpath? Will they be able to claim that when it was on a temporary basis or part of some project? These are the legal questions that farmers must face, and the Government must face up to, because at the moment it is a mess. We debated this in the Moses Room, and afterwards, a number of people who had come in to listen were very heated about the lack of progress.

I know that there have been problems and staff have been seconded to look after the Covid-19 situation, but can the Minister tell us where we have got to in trying to correct the present situation regarding footpaths?

[Lord Mann (Non-Afl) [V]]

My Lords, to begin, I take my reference point from the Book of Genesis, where Adam and Eve were told that they had to be stewards of all creation. That was further defined in the Book of Leviticus, which makes clear that the use of land is to provide abundant crops but also that it is to be a place of sanctuary. Of course, Leviticus goes further, for those who wish a literal interpretation and application of the holy book, because it says that all land must be owned for only 50 years and then passed back by the owner. So landowners who have had land for many centuries need to bear in mind that their tenancy over that land also incorporates long-standing rights of access.

I was a little surprised to hear the noble Earl, Lord Devon, suggesting not just that the NHS budget be diverted to landowners but that access was a major problem. It has certainly not been a major problem at Powderham Castle for the hundreds of thousands of revellers who have visited to watch Noel Gallagher, Coldplay or the range of other concerts that have taken place there. We need the facts to be accurate in these debates.

Health, sanctuary and well-being are fundamental to humanity. Society cannot function without them. Access to the sanctuary of quietness away from the towns and cities is fundamental to the physical and mental well-being of the citizens of this country. There is therefore a balance to be struck between the subsidies demanded and received by the farming community year on year—be it through the new government policy or, previously, the excessive common agricultural policy—and the right of citizens to access rights of way without hindrance, to go out into the fresh air into the sanctuary, as Leviticus defined, in order for our well-being to be preserved. At this time, with the horrors of coronavirus, those rights of access are fundamental. In my view, these amendments are apposite in getting the balance right.

[Lord Cormack (Con)]

I want to begin by saying, “There endeth the lesson”. Having sat here now for well over seven hours and heard virtually every speech, I am glad to have the brief opportunity to say a few words.

The Government must learn the lesson of the Second Reading. Time and again we have heard today from people who were excluded; I myself was one of the 22, or whatever the number was. If we had had a two-day debate on the Bill, I think we would have moved a little more expeditiously through Committee because a lot of Second Reading points have been made.

I urge my noble friend, for whom I have enormous regard, to discuss with his colleagues the inevitable extension of the Committee stage of the Bill. It will not get through in four sessions and, frankly, it should not.