Wednesday 22nd February 2017
(7 years, 9 months ago)
Public Bill CommitteesKew Gardens (Leases) Bill 2016-17 Read Hansard Text
This text is a record of ministerial contributions to a debate held as part of the Kew Gardens (Leases) Bill 2016-17 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
I am delighted to rise in support of the Bill. I thank my hon. Friend the Member for Bridgwater and West Somerset. As he says, this is an important issue. The Royal Botanic Gardens Kew is globally renowned for its scientific expertise, as well as being a world-famous botanic garden and world heritage site. RBG Kew is a DEFRA non-departmental public body. We have allocated significant funding to Kew over this spending period to conserve its built infrastructure, as the shadow Minister pointed out.
A large proportion of Kew’s estate is historic in nature and requires careful management. To create world-class infrastructure, Kew would like to be able to enhance its estate. It would like to get additional investment into its infrastructure through leveraging Government investment to achieve philanthropic and private commercial investment. The Government fully support Kew in that aim, as part of its ambitions to further increase its self-generated income and become more financially self-sufficient.
My hon. Friend has explained what the two-clause bill will do. It will remove unnecessary restrictions on leases at Kew Gardens. Currently, the Crown Lands Act 1702 limits leases at Kew Gardens to 31 years. The Bill modernises those provisions, allowing leases of up to 150 years, which brings it into line with the approach taken in the Crown Estate Act 1961. The change will enable the release of value from non-core land and property at Kew Gardens. It will enable income to be generated from Kew Gardens that can be reinvested into the maintenance and development of the site. That will enable Kew’s infrastructure to be brought up to a standard that fully supports its ambitions and mission. Income generation will help enable Kew to achieve its core objectives and enhance its status as a UNESCO world heritage site.
Kew’s trustees are committed to ensuring that Kew has an estate that meets the needs of the botanic gardens, its visitors and Kew’s world-beating science. The trustees support the Bill, as the Government intend that the proceeds that result from it will provide additional income to Kew.
Examples of situations in which long leases might be granted include for the replacement of outdated catering and visitor facilities within the gardens and the renovation of properties just outside the gardens for residential use. All proposals for granting long leases will be in line with Kew’s world heritage site management plan. Proposals will be subject to scrutiny by Kew trustees and DEFRA, as well as through the planning process with local residents and businesses.
I am grateful to my hon. Friend for introducing the Bill, which will free up Kew to generate significant revenue to improve the quality of its estate and support its world-class science. The Government fully support Kew in that aim as part of its ambitions to further increase its self-generated income. I confirm that the Government are happy to work with my hon. Friend to ensure the good passage of the Bill through Parliament.
Rob Marris
It is a pleasure to serve under your chairmanship, Mr Turner. It has become more common in recent years for Bill Committees to take evidence in their first session and I did have fancies that we might be taking evidence on site, but that has not come to pass.
It is many a year—several decades, I have to say—since I did any conveyancing, but I have done some. May I say to the hon. Member for The Cotswolds, who is more experienced in these things, that I have come across 125-year leases? I think they have become a bit more common in recent years. To reassure him, the 1702 Act does not confine the length of a lease to just 31 years; it confines it to 31 years or three lives. Those lives will be well past, given that that was 315 years ago, but three lives could amount to nearly 125 years or 150 years, depending on whose lives are chosen. That is well past now.
Kelvin Hopkins (Luton North) (Lab)
It is a pleasure to see you in the Chair, Mr Turner. I have some questions. My hon. Friend the Member for Wolverhampton South West suggested that we might have had an evidence session, and there are certainly some questions that I would like to have asked. For example, one assumes that the board of trustees is happy with the Bill. I do not know whether the hon. Member for Bridgwater and West Somerset knows that.
Secondly, are we talking about generating additional income or replacing what was in the past Government revenue support? Presumably Kew has land and other property that is surplus to its own requirements, and which it is quite happy to lease out to others for their use and to generate rent. How much land and property are we talking about for potential leasing? Those things are all of interest. I am sure the Bill will go through without any difficulty, but I think those questions ought to be asked.
George Eustice
Perhaps I can add some clarity. We are aware that there are approximately six properties around Kew Green that are part of the Kew Gardens estate, some of which are rented. Some are, I understand, in a state of disrepair, so they need to be renovated. Those are the types of property that could be brought back in under a different lease and generate a better income stream than is currently possible.
To answer a point that was raised earlier, Kew Gardens itself does not have a lease; it operates under ministerial direction and occupies Crown land, so that is a different matter. The Bill is about giving Kew trustees the ability to grant leases, subject to approval by Ministers, to other parties for a period of up to 150 years.
Kelvin Hopkins
Is it the case that the additional income will be substituting former Government revenue support? Are the Government shifting the burden of costs on to Kew, rather than the Treasury?
George Eustice
If the hon. Gentleman will allow me to intervene again, I can perhaps deal with that point. As the shadow Minister, the hon. Member for North Tyneside, pointed out, we have given quite a generous spending review settlement to Kew, with increases in resource and capital spend. This proposal will release additional funds to help it invest in its estate. It comes on top of what is already quite a generous settlement for the spending review period.
Mr Liddell-Grainger
I thank the hon. Gentleman. I have had a quick chat with the Minister, and the lease is for 150 years on everything. On the properties, it will be a 150-year lease. Would my hon. Friend the Minister like to say something?
George Eustice
The intention, as I understand it, is to extend the maximum term of the lease from 31 years to 150 years, and several leases may be granted, as the hon. Member for Wolverhampton South West pointed out—there could be several leases on different properties. The crucial thing, however, is that in my reading of the Bill, to answer the point made by my hon. Friend the Member for The Cotswolds, the grant would be for a lease of a maximum term of 150 years in the normal way of other leases. My hon. Friend also asked whether, in 150 years’ time, that could be considered again and a future Minister 150 years from now could decide to grant a new 150-year lease. I do not see anything in the Bill to prohibit that. The crucial thing, however, is the maximum, which is 31 years but will move to 150 years, subject to the approval of the Secretary of State at the time.