Deregulation Bill

Earl of Lytton Excerpts

Monday 7th July 2014 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, I am afraid I have a fistful of declarations of interest to make, not only as a vice-president of the LGA, but as a landowner, a member of the CLA, a landlord, a practising chartered surveyor, chairman of the Rights of Way Review Committee and, of course, due to my involvement with parish and town councils. I am afraid I do not speak for any of those other interests.

Much of the Bill is welcome. Anything that calls itself deregulation is a start—in particular, I briefly point to the issues of dealing with short-term lets and the health and safety of self-employed trades—always provided it produces net reductions in burdens and does not just shift them around or create other problems in their wake. I am sure other noble Lords will relate to that.

I wish to follow the example of the noble Lord, Lord Dubs, and refer to Clauses 21 to 27 on the matter of rights of way. I agree that they represent the essence of what the stakeholders working group agreed to. I particularly pay tribute to the way the disparate interests involved with that sought to find common ground. I think that should be applauded. However, it had quite a narrow remit, and many issues of current management and usage of the rights of way system remain unaddressed. I hope that the Minister will confirm that these remain in focus and that the Bill, when it has been ticked off, does not just become a means for ignoring the ongoing need to do something.

I think we all agree that the rights of way system in this country is a thing of glory and great value culturally, economically and socially. It more than merits better treatment, with an even-handed and objective approach as befits a national treasure. At present, it is deprived of resources, a primary cause of the delays in recording historic rights and of procuring necessary change along the way. This risks leaving many stakeholders inherently dissatisfied, if not irate, and the current day-to-day management and administration suffers.

Therefore, I hope that we will not settle the issue of unrecorded rights of way after 2026 only to open up, as we approach that date, some other area of contention that we have not thought of. The Bill deals with some aspects but not with others. I hope that the Minister can reassure me about the intentions for the rest, as I have said. I accept that the rights of way network is very large and often incoherent. Its statutory basis is complex and the coalition inherits a legacy of many past Administrations doing too little or nothing, with occasionally some expensive and ill-targeted legislation on the way.

I am a landowner within the Exmoor National Park. I know how useful it is to both users and landowners to have a focused, resourced and authoritative body such as a national park authority to deal with issues of network coherence and management. Such bodies have proved effective in defusing negativity and removing obstructive stances by just process, expertise and reasoned dialogue. We need more of that.

Therefore, the key to all this is resources for rights of way, which outside of national parks, as I have suggested, have been decimated. If that deepened voluntary dialogue between stakeholders, I would welcome that as a slightly back-handed compliment. The administrative machinery that underpins any necessary change is essential, and access to the countryside on urban fringes is no less important than access across rural broads or remote uplands or along the coast.

Despite the limited claims of the Bill, which I support, I hope that the Minister will confirm that the Government are apprised of the hugely beneficial opportunities offered by investment in a national rights of way system, not least its eventual rationalisation, making it fit for the 21st century and less of a bone of contention.