Historic Rights of Way Debate

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Historic Rights of Way

Lord Thurlow Excerpts
Tuesday 2nd April 2019

(5 years, 1 month ago)

Grand Committee
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Lord Thurlow Portrait Lord Thurlow (CB)
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My Lords, I thank the noble Lord, Lord Greaves, for sponsoring this discussion. I declare conflicts: I am a farmer in Scotland with rights of way involved. I fail to understand why public access to footpaths, rights of way, bridle-paths and so on should ever be restricted, if they are legitimate. They are sometimes restricted by barbed wire and by having to register by a specific date.

This is about an extension. We let the pathways that we had historically be covered with Tarmac as the horse became redundant. Many of the networks involved in those pathways have subsequently been lost. The 1949 maps, as we have heard, are frequently inadequate and unhelpful. Recording these rights of way is vital. Ramblers and riders do not want Tarmac. The routes are often contested, as we have heard. The public should be able to access up-to-date digital maps, and constantly be involved in improving them.

Public access to these routes is anyway enshrined in government policy. We have heard just now from the noble Earl, Lord Caithness, about the farm steward- ship schemes that are coming along and, I too, would like to know the detail. It does not seem to me contentious that these are an important national resource. Fundamentally, therefore, why have a cut-off date at all?

Where is the information? Why should it be so difficult? We know that the resource made available around 19 years ago was consumed by consultants to a large degree, rather than actually helping establish and identify rights of way. Much of this information is buried. It lies in estate maps, on estate office walls, and will never be revealed. It is in libraries, family archives, parish council records, local authority records, old diaries and books. This should not be time-limited. This information is going to emerge as time goes by, and as we have discovered in the past 10 years, increasingly it has been the job of volunteers rather than any organised resource. We know the funding problems of local authorities; that has made matters worse. We have heard that some 4,400 applications are currently awaiting registration. Some of those will be contentious. I cannot see how this will all be done within the timetable without the extension—and even with the extension I question the wisdom. We should remove the deadline.

I want to say something on behalf of the horses before I finish; they cannot speak for themselves. They are the ones who have lost their access. I have heard from the British Horse Society that some 3,000 horses were injured in accidents on roads in the last few years. Of those horses, 340 died, with 40 riders or handlers also killed. These were traffic accidents, and I am sure that many of them could have been avoided if the bridle paths were a joined-up network, which once upon a time they were.

I conclude with a request to remove the deadline—or a question to the Government on why there should be a deadline. I fail to understand the wisdom of that when the information will continue to surface as the years go by, to the great benefit of the public.