The following is an extract of the key features of a speech made by UK Environment Minister Michael Meacher at a Ramblers' Association rally at Todmorden, Yorkshire on 20 September 1998
Dispelling a few myths
- Wish to focus on the Government's proposals on access to open countryside - though recognise that access goes wider, eg, network of public rights of way.
- Long tradition/history of walking - or wishing to walk in open country.
- Difficult to exaggerate immense benefits that freedom to explore open countryside can bring - to town and country dweller alike - health; quiet contemplation; appreciation and understanding of landscape and wildlife. Perhaps above all, sense of freedom - from constraints and pressures of modern-day living.
- Approaching fiftieth anniversary of National Parks and Access to the Countryside Act 1949 - landmark legislation. Provided a foundation for recording rights of way and for securing access to open country. Disappointing that relatively little progress has been made on the latter.
- Today - fifty years after the 1949 Act - fewer than 50,000 hectares subject to agreements or orders under the Act.
- Government determined to put matters right: committed to securing more and better access for all. No going back on manifesto commitment to give people greater freedom to explore open countryside.
- Government policy to secure greater access supported by overwhelming majority of people - reflected in opinion polls (whether commissioned by ramblers or landowners).
- Current debate therefore not about whether access should be improved but about best means of achieving it.
- Continuing confusion/mis-inform criticism about Government's proposals. Hearing some accusations, could be forgiven for thinking proposals pose serious threat to countryside. But, important to put nature and scale of any impact in context. Simply talking about walking across certain types of uncultivated land. Landscape and wildlife more likely to be affected by factors such as changes in land use or management practices than by access for walking.
- Happy to nail a few myths. If we decide to introduce a statutory right of access, this will not mean:
- allowing people to wander through fields of crops, farmyards or back gardens!
- automatically greater access for dogs;
- permitting activities other than quiet open-air recreation.
- Our access proposals will:
- Give people more opportunities to explore some of this country's finest and often wilder countryside.
- Balance benefits and costs of greater access - not only in financial terms but also in terms of environmental and social considerations. Shall be taking account of financial costs - to owners and occupiers, local authorities, statutory agencies and others - of managing greater access, whether under voluntary arrangements or statutory right of access.
- Strike a proper balance between the '3 Rs' - rights, responsibilities and restrictions. Expect those benefiting from greater access to behave responsibly - to respect the countryside and those whose livelihoods may depend on it. Propose that:
- Countryside Commission and Countryside Council for Wales should draw up codes of practice for walkers and model bye laws.
If we legislate we propose that: Current position and forward look
- Owners and occupiers of access land should, in general, remain free to develop and use it, subject to normal constraints; and that they should be able to suspend access for short periods.
- Liability of owners and occupiers towards those exercising a right of access to their land should be no more than that towards trespassers.
- Relevant statutory agencies should have powers to limit access on grounds of health and safety, nature conservation or heritage.
Rights of Way
- Tremendous response to consultation document published earlier this year - well over 2,000 responses received. Three out of four responses were from individual walkers or other recreational users - reflects interest at grassroots level. My Department has been undertaking careful analysis of responses, and we will be taking results into account in developing proposals.
- Have been, and are, continuing to talk to organisations representing users, owners, and others.
- Government's thinking also being informed by studies on costs and benefits of different approaches, and by advice from its statutory agencies including the Countryside Commission and Countryside Council for Wales on issues such as identification and mapping of access land.
- No options in or out at this stage. Happy to pursue voluntary approach provided it compares favourably with a legal right of access when assessed against the six key criteria set out in the consultation paper - including extent, quality and permanency of access, as well as cost.
- Welcome initiatives such as the CLA Access 2000 supported by the Countryside Commission. Need to be sure that such initiatives result in access being delivered where it matters - on the ground: will be keen to see results.
- Hope to announce decisions about the way forward later this year.
Conclusion
- Looking more widely, some will be aware that Countryside Commission is looking at operation and effectiveness of rights of way legislation. We expect it to report to us later in year, and shall certainly wish to consider its views and proposals carefully.
- Fortunate in having extensive network of public rights of way - some 106,000 miles of which over three-quarters are footpaths. Countryside Commission has set target that all rights of way in England and Wales should be legally defined, properly maintained and well publicised by year 2000. Much has been done although recognise that many local authorities unlikely to meet target in full.
- Whichever route we decide to follow to deliver more and better access to open countryside, looking for real step-change: incremental change at the margins is not acceptable. At same time, determined to ensure that any package of access measures balances the interests of all concerned and takes proper account of the need to safeguard what people value most - the countryside itself.
Published 2 November 1998
Access to the Open Countryside in England and Wales - Consultation Paper
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