Assembly. Much of the debate seems to have been created by signs at Elbow Beach attempting to keep the public off the section of beach fronting the hotel. The Government Whip, Quinton Edness, has quite correctly warned the hotel to take down the signs.

Elbow Beach is somewhat different from other beaches in that it has a recognised and ancient public access by road between the Elbow Beach and Coral Beach properties. Some "private'' beaches are surrounded by private properties and have no public access.

Periodically the question of public access to beaches arises, probably because the rule is that the public has access "up to high water mark'' but it does not have access across private property and it is never very clear just what the high water mark is. The ancient intent of "high water mark'' was not public access, but was aimed at allowing fishermen in boats room to pull their nets.

What is "high water mark''? Is it a regular high tide? A flood tide? Is it the highest point water reaches during the extremes of a hurricane? Mr. Edness told the House of Assembly that at Elbow Beach the high water mark extends to where the buildings begin. If that is true, then the entire beach is public.

Many beaches are now used by people who do not cross private property but arrive by boat. That is especially true at Castle Roads and in some areas on the west side of Somerset.

We do not think that small cove beaches surrounded by private property should have public access other than from boats. However we believe that all beaches which have road access should be open to the public. If a private beach is open to more that three or four properties it should be considered public.

That would open to the people the beaches at Tucker's Town and other beaches such as Grape Bay which was once extensively used by the general public.

The East End is generally short of beaches, even with the recent opening of Clearwater Beach. We can see a problem developing if Club Med is reopened and there is an attempt to close St. Catherine's beach to the public. The beach is now in general use despite some warning signs and it would be foolish at this point to try to keep the public off. The beach is after all one of the most historic sites in the Country.

Opening beaches would be controversial in the sense that those who have enjoyed "privacy'' are unlikely to be happy to give it up. However it is basically a question of not excluding Bermudians from the full enjoyment of Bermuda. We think this is a matter which should be decided and clarified because just as the public decided for itself to use St. Catherine's Beach, it will begin simply to use other beaches.