There are circumstances when we will want to protect some rights of way. One example that was considered with regard to the clause is the rights of way that help utility operators to maintain their apparatus. Amendment No. 10 would allow subsection (5) to be altered in association with amendment No. 9, so I cannot support it either.

Although the hon. Member for Wimbledon appears to be concerned about the Secretary of State’s involvement in relation to the extinguishment of private rights of way, that particular role is intended to help to protect such rights of way from extinguishment when reasonably avoidable. Therefore, I urge him to withdraw the amendment.