Levelling-up and Regeneration Bill

Debate between Baroness Bakewell of Hardington Mandeville and Duke of Montrose

Committee stage
Thursday 18th May 2023 Lords Chamber

[The Duke of Montrose (Con)]

My Lords, I will speak to my Amendment, which has been coupled with this group. We are now moving on to Part 6 of the Bill, which involves Scotland. We have heard about all these doubts and areas that need to be cleared up, which are even more worrying for devolved Administrations.

My amendment is to Clause 143, “Requirements to consult devolved administrations”. I declare my family’s interest, as noted in the register, in that we own land in Scotland. We are fortunate; it is not a big area in Scottish terms, but it includes part of a national park, a nature reserve, a site of special scientific interest and special protection areas. As the Minister pointed out in an earlier debate, this is the section of the Bill that is most likely to affect devolved competencies. There can be no doubt that the Bill is causing much concern in the UK’s devolved Administrations, and we have just been hearing about the extent of the existing Henry VIII powers. Anyone who has spent any time in this Chamber knows that we are allergic to Henry VIII powers, and I hope that my noble friend can assuage us on the extent to which they will be included.

In the earlier debate on Clause 83, my noble friend rejected my proposed amendment. That issue only involved powers regarding planning data. Clause 143, as drafted, is a mirror of that text:

“The Secretary of State may only make EOR regulations which contain provision within Scottish devolved competence after consulting the Scottish Ministers”.


My Amendment 382 provides that, following the consultation, the Secretary of State must report the outcome and provide reasons. This is surely a necessary step for transparency and to maintain the trust between the parties on an ongoing basis. Consultation implies that all will put their cards on the table; agreement, as we all know, is harder to achieve. My noble friend may like to say that we would carry out these steps anyway. This amendment as drafted does not give any more power to devolved Assemblies but just gives them the comfort of knowing exactly where they stand.

It was further encouraging to hear my noble friend say, in his reply to an earlier debate, that

“the Government are continuing to work with the devolved Administrations to understand whether there is scope to extend the EOR powers to provide a shared framework of powers across the UK. Once those discussions have concluded, the Government will bring forward any necessary amendments to both Part 6 and Part 3 to reflect the agreed position between the UK Government and the devolved Administrations”.—[Official Report, 22/3/23; col. 1803.]

A shared framework of powers is precisely what this amendment is aiming to achieve. There is always the danger that, without achieving this framework, and with one party withholding consent, the outcome might go against any changes at all.

The Scottish Parliament’s legislative consent Motion for this measure was tabled on 27 July 2022. As I mentioned before, the main one of the three committees to give it consideration was the Net Zero, Energy and Transport Committee. In its report, brought out on 22 December, it could see some elements of the Bill that it welcomed. But, after taking evidence, it concluded that:

“Environmental Outcome Reports would lead to a significant change to environmental assessment in Scotland. However, the UK Government has not provided sufficient clarity around how they will operate in practice.”


Similar concerns were also highlighted by both the other committees in the Scottish Parliament. After consideration, all were still not prepared to grant approval.

The Government have introduced quite a raft of amendments to the Bill already. It would be interesting to know whether some of these are the fruits of their intergovernmental discussions, but we are still a long way short of achieving an agreed framework. Can my noble friend say whether that is still their aim?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I wish to speak to Amendment 384, in the name of the noble Lord, Lord Randall of Uxbridge, and to which I, like the noble Baronesses, Lady Jones of Whitchurch and Lady Willis of Summertown, have added my name. It is a pleasure to see the noble Lord in his place once again. He has set out his case for this amendment extremely well, as always.

Environmental outcome reports are key to monitoring our environment and the effect that we, the population, are having on it. We have had debates during the passage of the REUL Bill on the habitats regulations and the importance of ensuring that the regulations surrounding habitats are protected and would not run foul of the sunset clause on 23 December 2023, which has now, mercifully, been removed.

--- Later in debate ---

[The Duke of Montrose (Con)]

My Lords, I offer support to my noble friend Lord Randall on protected landscapes. We need to know where we are going on this. We are trampling through the devolved competencies. Luckily, Scotland is adopting green policies with even more enthusiasm than local authorities in England, but we always need to bear in mind that the original legislation was the National Parks and Access to the Countryside Act, and originally, and even today, some see the second part as more important, as we were hearing from the noble Baroness, Lady Bennett, and the noble Earl, Lord Clancarty.

I live in a national park in Scotland, and the Scottish Government are providing millions of pounds every year to staff it and provide facilities for the public. On my land, they have just provided £800,000 to improve a footpath. When we think of the value of national parks for nature, it is worth recalling that for a body called the International Union for Conservation of Nature, our park qualified only for level V, because the only limit they had in law was to preserve the topography. We need to make up our mind what level of nature conservation we desire.

A dedicated percentage of land for conservation and marine conservation areas was announced recently, and the Scottish Government have taken it up and announced a timetable for extension of their marine protected areas. This has brought a sense of desperation, particularly to the crofting counties on the west coast, because they see it as a hammer-blow to the crofting way of life, which requires buying livestock, cutting peat, fishing, weaving and crafts. This is a whole culture which could be lost. There are areas where we want to preserve the way of life, as well as nature. I hope that my noble friend Lord Randall’s efforts will point the way.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I speak to Amendment 387 in the name of the noble Lord, Lord Randall of Uxbridge, to which I have added my name, and to Amendment 475 in my name, to which the noble Baroness, Lady Jones of Whitchurch, has added her name. As an aside, today seems to be the day when Conservative Peers take a pop at the Opposition Benches. Perhaps the recent election results are driving them.

However, I first address Amendment 475, which seeks to ensure that wild camping is included in open-air recreation. I tabled this amendment after hearing the news that Dartmoor National Park was banning wild camping on its land, and this ban had been upheld in the High Court—a win, apparently, for a hedge fund manager. That is a prime example of the wealthy preventing the less well off from enjoying the environment. I have since learned that, through crowdfunding, a judicial review of the decision has been mounted. I understand that the fact that a JR is in process does not prevent me from speaking on the subject.

For years, people have been enjoying outdoor activities on our national parks. In particular, Dartmoor has hosted—if that is the right word—the Ten Tors challenge each year, weather permitting. National parks are also the venue for thousands of young people embarking on their Duke of Edinburgh’s award. This is especially so at the bronze stage, when secondary children go out in groups to orienteer their way round the moors and experience at first hand the importance of working together as a team, witnessing the challenge and pleasure of wide-open spaces, often for the first time. The expedition is often the best part of the DoE award scheme for the young people. Young people involved also learn what nature is, how it behaves and how we interact with it. Hopefully, they learn that nature and the environment have not only to be appreciated but nurtured and looked after. This is something of a rite of passage for many young people, who may not otherwise have this kind of experience.

While national parks are a haven for plants and wildlife, they are also a tremendous tourist attraction, and some tourists bring their own challenges. Thoughtlessness has caused devastating wildfires on many of our heathlands and national parks. The litter left behind over a particularly sunny bank holiday weekend can be a real problem to clear up. However, there are measures that can be taken to raise awareness with the public of the dangers of barbecues, in particular, alongside notices encouraging visitors to take their waste home. That should be at the same time as providing sufficient bins for them to put their rubbish in—unlike in one of the country parks in my previous district council area, when, after one very hectic weekend, the rangers decided to remove the bins altogether. Not surprisingly, the result was even more widespread rubbish to clear up after the next sunny weekend.

Yes, there will be a lot of rubbish to clear up after a large influx of tourists, but this could be an opportunity for the community to come together to help clear it up. We were encouraged after the Coronation to take part to help out, and this included many communities going on mass litter picks. There are many ways both to alert tourists to ensure that their visit does not adversely impact others and make sure they leave the environment they have enjoyed in the same state they found it. Banning a section of them through preventing wild camping is neither helpful nor in line with the Government’s wish to see more people enjoying open spaces. I tabled the amendment in such a way as to ensure the action taken on Dartmoor does not spread to other national parks. Surely the motto should be “Use and respect”, not “Go home, we don’t want you”, which is the message being given out by some in Devon.

Returning to Amendment 387, the ethos of the amendment is straightforward. The national parks across the country, the Broads and AONBs should contribute to the country’s biodiversity targets. They are protected landscapes, and the amendments implement the key recommendations from the Glover review, which has so far not been given the prominence it deserves. I am particularly keen to see proposed new subsection (1)(e), in Amendment 387, implemented. This fits in with my comments on my Amendment 475.

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Duke of Montrose

Committee stage & Committee: 1st sitting (Hansarad) & Committee: 1st sitting (Hansarad): House of Lords
Tuesday 7th July 2020 Lords Chamber

[The Duke of Montrose [V]]

My Lords, I start by asking my noble friend the Minister whether, in his mind, the definition in the Bill of the countryside, farmland and woodland excludes water. One would think that water would be included in that, but obviously the noble Lord, Lord Addington, would like to have it added to the Bill.

It is quite useful that the Bill is to support the provision of access. Presumably it allows the land occupier to direct the access where they can cope with it, if necessary with access to water. My noble friend Lord Trenchard just mentioned the Scottish attitude to right to roam. I understand that the noble Baroness, Lady Grey-Thompson, lives far enough away not to have ready access to the Scottish right to roam. In many ways it conjures up a nightmare for most landowners, in that people can go anywhere they like other than the curtilage of a dwelling house. As my noble friend Lord Trenchard mentioned, the pressures in Scotland are not as great as they are down south, although I happen to live by Loch Lomond and the pressures there are certainly equal to any other area in the country—so much so that the national park has brought in a prohibition on drinking alcohol on one side of the loch, because the public were wont to make a nonsense of that.

One aspect of this power in the Bill is that nowadays farmers are almost necessitated to have an element of diversification in what they do. Very often it is a question of having some feature that the public will come to and offer payment for. The powers that the Government are providing will be taken up with enthusiasm by these people, because it will give them a more attractive way to have people come and visit them and enjoy what they have to offer.

However, like my noble friend Lord Trenchard, I have considerable reservations regarding all that is contained in the descriptive Amendment 99. It seems to conjure up access even to ditches or anything with a bit of water in the bottom of it and then to ask for access even to the banks of those. That makes a bit of a mockery of the remaining legislation in England that access must only be by an approved route so that all the interests in establishing the route can be considered.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, this group of amendments is primarily about financial assistance being provided for public access to the countryside and waterways. My noble friends Lady Scott of Needham Market, Lord Addington and Lord Greaves have given extremely good reasons why public access is a public good. The noble Lord, Lord Randall of Uxbridge, supports improving current footpaths rather than creating new ones, and I share that view.

The noble Baroness, Lady Hodgson of Abinger, has defined public access to include horse-riding. Certainly, horse-riding is a very popular pastime, and it is extremely healthy. The enjoyment of the countryside, whether walking, riding or canoeing, should be encouraged wherever possible. However, I share the view of the noble Earl, Lord Devon, that there must be a balance. Not all who use rights of way respect them in the way they should.

There is nothing better than going for an energetic walk along a right of way and ending up at a pub for lunch. However, I stress to all that it is important that the countryside alongside the footpaths, bridleways, watercourses and RUPPs should be respected by those who use them.

There are a number of rights of way across the country open to the disabled and mothers with pushchairs. The Tissington trail in the Peak District and the Tarka trail in Devon are two such. I would like the Government to encourage more landowners and farmers to create more level access for people with disabilities and small children, as set out by my noble friend Lord Addington and the noble Baroness, Lady Grey-Thompson.

I have little sympathy for enthusiasts who insist on applying for footpaths through domestic homes and gardens just to prove that there once was a right of way along a route years ago. In these cases, there are often perfectly adequate footpaths on a nearby route that provide an alternative. I agree with the noble Earl, Lord Caithness, that the Ramblers do themselves no good at all with their intransigent attitude. That said, it will be incumbent on landowners and farmers who have rights of way running across their grounds to keep them clear and safe for the enjoyment of all who wish to use them. Bridleways should be kept clear, especially of overhanging branches and brambles, as should watercourses which canoeists will be using.

Access to the countryside is extremely important, and I look forward to the Minister’s response.