Rights of Way

2. Questions to the Counsel General and Minister for European Transition (in respect of his law officer responsibilities) – in the Senedd on 20 October 2020.

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Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative

(Translated)

2. What discussions has the Counsel General had with other law officers in the UK Government about making legislative changes in relation to rights of way in Wales? OQ55732

Photo of Jeremy Miles Jeremy Miles Labour 2:41, 20 October 2020

The Welsh Government is currently taking forward an access reform programme, as set out in the Deputy Minister for Housing and Local Government’s written statement in April 2019.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative

You'll be aware, Minister, that in recent weeks, two walkers have been killed on public rights of way after coming into contact with livestock. Since March 2000, 98 people have lost their lives similarly, and many others have been injured when using these rights of way. Now, four groups—the Country Land and Business Association, the Tenant Farmers Association, the National Farmers Union and the Countryside Alliance—have written to Lord Gardiner, Minister for Rural Affairs and Biosecurity, highlighting the fact that the existing process for permanently diverting public rights of way does not provide sufficient flexibility to allow for temporary route changes. The Minister is actually being encouraged to amend the Highways Act 1980. According to the guidance for local authorities on public rights of way published by the Welsh Government, a number of provisions in the Highways Act do still apply here in Wales. So, will you be liaising with Lord Gardiner, or indeed any other relevant legal officer in the UK Government, to establish if the Welsh Government can work to implement changes to ease the process for farmers and landowners that need to implement temporary diversions here in Wales? 

Photo of Jeremy Miles Jeremy Miles Labour 2:42, 20 October 2020

I thank the Member for that important question. As she will know, as part of the access reform advisory group work stream, which my colleague has established, there are three expert working groups that represent a range of stakeholders in relation to the management of land, and those groups are, and will continue, examining the legal and financial ramifications of some of the proposals that we have been considering. The intention is to receive a report from that group, which looks at these matters in the round, by March of next year. But the UK Government's legislation provides for the introduction of more flexibility, if you like, for landowners in relation to the question of diversion or indeed extinguishment of some rights of way, and we in the Welsh Government are looking at similar proposals for reform as part of our current work stream.