Neighbourhood Planning Bill

Lord Berkeley of Knighton Excerpts

Report: 2nd sitting (Hansard): House of Lords
Tuesday 28th February 2017 Lords Chamber

[Lord Framlingham]

My Lords, I support the amendment from the noble Baroness, Lady Young of Old Scone. I think the words “clearly outweigh the loss” are not going to give the same protection that “wholly exceptional” would. For those of us interested in this issue, and that now includes many people, our campaign and indeed our mission is to turn the fine words about and growing understanding of the value of trees and woodlands, particularly ancient woodlands, into action. In this, the lead given by the Government is crucial.

It is a question of priorities. In planning terms, the balance between the built environment and the natural environment is slowly being understood. Trees are not just an adornment to the built environment but play a much more important role in so many ways. In our rush to build more houses, it is important that the role of trees is kept at the top of the agenda. Ancient woodlands are so very valuable and, although planning deliberations can sometimes drag on for years and be extremely complicated, a thoughtless 10 minutes with a JCB can do untold and irreparable damage.

The amendment would give greater clarity to developers, who would be better aware of what they could and could not do. It would fit very well with the idea of every planning authority holding maps and registers of ancient woodlands and important trees, saving everyone time and money as well as protecting the ancient woodlands. The current White Paper is extremely interesting and helpful but the Bill is our current vehicle for these important changes. It is an opportunity not to be missed. If you let one vehicle go, you never quite know when the next one will come along—and what ancient woodlands may be damaged in the meantime.

The Minister has been extremely helpful and constructive in all these debates, but he knows what a significant effect a modest tightening of the law can sometimes have without detriment to the planning process. This is just such an issue, and I hope he will be able to accept the amendment.

[Lord Berkeley of Knighton (CB)]

My Lords, I am very attracted to the amendment. I agree with everything that I have heard, and I am encouraged. I know the Minister is himself very keen on trees, green spaces and ancient woodland.

It is terribly important, given what the noble Baroness was saying, not to forget how, especially in underprivileged areas, trees and green spaces have been shown in recent research to have a quite astonishing effect on the well-being, the social cohesion, of a society. We really have to treasure these trees. I am pleased to see that we are talking about not just ancient woodland but the odd oak tree that has been there for 300 years and which can be for a community a kind of fulcrum—a meeting point, something which generates huge affection. The fact that sometimes these trees have been, as the noble Lord has just said, bulldozed out because of a slip or because stringent due attention was not paid to them is often a tragedy for a local community.

I note that in proposed new paragraph (c) in Amendment 38A there is the caveat that the development in that location is “wholly exceptional”. The Government and the Minister therefore have a way out in this clause—it is not absolute. Where woodland communities are concerned in their relationship to them, we have to be as strong as possible in protecting ancient woodland, trees and green-space areas.

Wales Bill

Lord Berkeley of Knighton Excerpts

3rd reading (Hansard): House of Lords
Wednesday 18th January 2017 Lords Chamber

[Lord Crickhowell (Con)]

My Lords, I do not intend to speculate about what might be done in another place as we debate this issue at Third Reading here. Nor do I think that I will follow the noble Lord, Lord Wigley, in looking far into events that may or may not happen in the future. I very much welcome the amendments moved by my noble friend.

Before I pay some very well-deserved tributes, perhaps I might be allowed to voice just one regret about the way in which we legislate these days. If practical and possible, it would be much better if, instead of having a Bill that amends previous Bills so that we finish up with something almost unbelievably complex and difficult to interpret, we produced an entirely fresh Bill that everyone would be able to follow and understand without a degree of expertise that might be difficult to find even among those who guide the Welsh Assembly and this Parliament. I think that that would be a much better way of legislating.

I think that it was during Report that the noble Lord, Lord Kinnock, who is not here today, commented that he had once taken a different view about devolution, and I acknowledge that I had, too. When the final decision was taken by the narrowest of margins to go ahead, I said that I believed that when one crossed the Rubicon one should go on and make a success of it. I subsequently thought about that remark and realised that it was not very wise, because when Caesar crossed the Rubicon we had conflict, murder, civil war and the end of the empire. I am glad to say that that has not been the history of devolution in Wales or of the creation of the Welsh Government.

On this occasion it is right to pay considerable tribute to two Secretaries of State for Wales—the previous and the present ones—for their strong initiative in taking things further forward and producing a settlement that I believe will last for some considerable time. I believe that they and the Government deserve credit for the role that they have played in carrying devolution forward.

I pay a special and particular tribute to my noble friend Lord Bourne of Aberystwyth, whose performance on the Front Bench has been simply heroic and which he has combined with his responsibilities in other departments. I simply do not know how he manages to do it—and do it so well. However, I thank him. I believe that all those who have taken part in the debates on the Bill will at least share in that tribute. His role has been totally outstanding.

[Lord Berkeley of Knighton (CB)]

My Lords, having observed the passage of this Bill from the Welsh Marches, as it were, I, too, thank the noble Lord, Lord Bourne, for the way in which he has led his team through. I want to make one small plea—that he might be enticed to taste the menu put forward by the noble Lord, Lord Hain, regarding that tied vote. I know that it has come at a late stage in the day, but I feel that it has much to commend it.

[Lord Morgan (Lab)]

My Lords, I am, I think, the only historian of Wales present, and I think that this has been a historic event and process, for which the Minister and our Front Bench deserve great credit. I am perhaps among the last of the generation of Welsh children who was brought up to regard the House of Lords—to quote the Daily Mail—as the enemy of the people, hostile to the aspirations of the people of Wales on devolution, land, education, church matters and many other issues. It is historic because in this case, of course, the House of Lords has been enormously positive. Many of us were asked by political figures in Wales to be helpful and to try to resolve some of the needless quandaries in the Bill, which purported to extend devolution but in some respects seemed to restrict it, and clear things up. I think that we have succeeded to a considerable extent in so doing. Very important principles have been enunciated, which, again, are historic; particularly those that elevate the status, if not always the powers, of the Welsh Assembly, making them more comparable—although still not comparable—to those of Scotland.

I will not labour the point but, as has been said, we owe thanks to the Minister, who has been extraordinarily helpful and considerate. He has handled this matter in a model way and I conclude by suggesting a new role for him. I believe that one thing we need in all these measures—I recall that this point was made by the noble Lords, Lord Crickhowell and Lord Hunt, as well as by me—is some kind of statement of how they relate to the overarching vision of the union. Just as in the higher education Bill we put in some important points of general principle the other day, I feel that that would be valuable here. We have an unwritten constitution, and so perhaps the best way of achieving this kind of insertion would be to have a constitutional supremo to take it over. I can think of no Member of the Government more qualified to act in that, at the moment, untested role than the Minister. I thank him very much.

Wales Bill

Lord Berkeley of Knighton Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Monday 7th November 2016 Lords Chamber

[Lord Howarth of Newport]

My Lords, the figure of £500 million, set as the limit for borrowing by the Welsh Government, is so small as to be well inside the margin of error in any computation of UK Government borrowing. Will the Minister say what £500 million is as a percentage of the UK Government’s present borrowing requirement? To set the figure so low is contemptuous of Wales. With the powers to vary income tax devolved, the Welsh Government will have the capacity to service a higher level of borrowing, even if interest rates rise. I agree with those who have said that it seems very odd to fix a figure in legislation. Will the Minister also explain why that fixed figure of £500 million is in the Bill? I think that the Government should be more generous towards the people of Wales and allow them the opportunity to invest as they need for the future of the economy of Wales.

[Lord Berkeley of Knighton (CB)]

My Lords, if EU investment in south Wales suffers, as some of us fear it might, we could find ourselves with some very dire unemployment problems. Therefore, we will need every penny possible to reinvest in that area.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords who have participated in the debate on Amendment 24, and I thank the noble Baroness, Lady Morgan of Ely, for moving it.

The amendment seeks to quadruple the Welsh Government’s capital borrowing limit set in the Wales Act 2014 from £500 million to £2 billion. As the noble Baroness is of course aware, borrowing falls within the scope of the funding discussions between the United Kingdom Government and the Welsh Government that are proceeding alongside the Bill. As we know, the Bill cannot proceed without the legislative consent Motion, which is dependent on those discussions being successful.

I refer noble Lords to the communiqué published following the Joint Exchequer Committee meeting in September. The two Governments discussed the rationale for the existing capital borrowing arrangements and agreed to consider changing them. Therefore, I can give the noble Baroness the undertaking that she seeks, and I think it is consistent with what I said in the previous debate. It is unthinkable that the matter would not be raised. However, I think she will understand that I cannot give a specific figure. Indeed, the comments of the noble Baroness, Lady Randerson, perhaps indicate that we do not want to constrain the figure in case the discussions lead to it going higher than that. I have given noble Lords an undertaking, which I will repeat: ahead of Report I will give a summary of where we are on the fiscal discussions, which are going well—including, as I understand it, in this area.

As noble Lords have indicated, there are two key considerations in relation to the borrowing limit. The first is ensuring that borrowing is affordable for the Welsh Government. Of course, the transfer of the taxation powers that we have just been looking at will certainly help in that regard, as will the smaller taxes that have already been transferred. The second is ensuring that borrowing is appropriate within the funding arrangements for the United Kingdom as a whole. I am sure that those two points are being borne in mind during the discussions—which, as I said, seem to be going well.

In relation to Welsh Government affordability, as I have indicated, we need to ensure that the Welsh Government have sufficient independent revenues to manage their borrowing costs. As I said, the new taxation powers that are being carried forward by the Bill will help in that regard. In relation to the wider United Kingdom funding arrangements, it is important to recognise that, within any given fiscal position, additional Welsh Government borrowing will mean less spending in the rest of the UK, including in relation to some of the issues funded for Wales from United Kingdom taxation.

Those are the issues being looked at, and I can give two undertakings: first, we will not get the legislation without the LCM; and, secondly, I repeat the undertaking that I gave at Second Reading—I appreciate that not all noble Lords were here for that—to give a summary of where we are so that noble Lords will be aware of it ahead of Report.

I understand the points that are being made and I think all noble Lords who have spoken—the noble Lord, Lord Wigley, my noble friend Lord Crickhowell, and the noble Lords, Lord Howarth and Lord Berkeley—recognise the need for these powers in order that the Welsh Government can borrow. Of course, it is then for the Welsh Government to decide how they borrow and how they spend the money—that is within their devolved competence.

Given the undertakings I have given, I ask the noble Baroness to withdraw her amendment.

Feed-in Tariffs (Amendment) (No. 3) Order 2015

Lord Berkeley of Knighton Excerpts

Tuesday 2nd February 2016 Lords Chamber

[Viscount Ridley]

My Lords, I omitted to mention my interests and I apologise to the House for that. I do not have interests in solar power, which is what I mostly spoke about—mainly because I have turned away solar developers—but I do have other interests in energy, including coal.

[Lord Berkeley of Knighton (CB)]

My Lords, I crave the indulgence of the House, as I missed the opening of this debate, but I did take part in the last one.

Energy: Onshore Wind

Lord Berkeley of Knighton Excerpts

Monday 22nd June 2015 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I very much agree with my noble friend. Nuclear is an important part of the mix which we rely on throughout the country, and we will continue to do so. There is no hope of meeting our targets without the contribution of nuclear throughout these islands.

[Lord Berkeley of Knighton (CB)]

My Lords, I wonder whether the Minister would agree that there is another reason why this move is to be welcomed. He talked about democracy and giving more regard to local people’s opinion, and the amount of subsidy has a direct bearing on that. I have some experience of this. Local people trying to fight one of these wind farms—in my case, overlooking Offa’s Dyke and a grade 1 Humphry Repton landscape—have seen such financial benefits to developers that it is very hard for them, standing on their own, to raise the money to fight developers and landowners who have a huge financial vested interest. Apart from anything else, this will at least level the playing field.

[Lord Bourne of Aberystwyth]

My Lords, I know that the noble Lord has taken a great interest in this from a mid-Wales perspective over a period of time. Strangely, he comes to it with a different angle from that of the noble Lord, Lord Birt. It is important that we are conscious that it is very often difficult to take on, in a David-and-Goliath way, a large energy supplier. That is true across government: we need to be conscious that it is sometimes difficult for people to challenge decisions. I remind the House once again that I believe this represents the correct balance of honouring our manifesto and ensuring that we have a balanced answer to the question of energy supply—that it is affordable, secure and clean.

Wales Bill

Lord Berkeley of Knighton Excerpts

Monday 13th October 2014 Lords Chamber

[Lord Rennard (LD)]

My Lords, briefly, I support the principle of the amendments as a long-time supporter of the principle that 16 and 17 year-olds should be entitled to vote. It is now 45 years since a Bill was passed that lowered the minimum age for voting across the United Kingdom to enable 18 year-olds to vote. Nearly half a century since then, there have been great changes in how society sees 16 and 17 year-olds. We are no longer a society in which you get the key to the door at 21, or even 18.

Young people, perhaps through the use of social media, are often politically very aware. The excellent Youth Parliament debates, some of which have taken place in our own parliamentary Chambers, show that many 16 and 17 year-olds are as aware of many of the issues facing us today—if not more so—as many people who are rather older. I do not want this debate to be too stereotypical of UKIP voters, but I was amused by one man who voted for UKIP in the Clacton by-election last week because he was disillusioned with his MP, whom he had not seen since the previous election.

In contrast to this, some three weeks ago we saw 16 and 17 year-olds in Scotland considering very carefully what might be thought to be an even more important question than that at any General Election: whether Scotland should be an independent country. After significant deliberation, probably to the surprise of Mr Alex Salmond, this group of young people, according to the polling evidence, decided that it should not. Tonight we are considering whether young people in Wales could be as responsible, and I say: of course they are.

Thirty-eight years ago I watched a 16 year-old William Hague address his party conference. He told his audience that half of them would not be there in 40 years’ time. I am not sure that he realised then that neither would he. However, my point is that it seemed a shame that he could speak eloquently from his party conference platform but not be able to vote in an election. I am the same age as William Hague, and at 16 I was secretary of the Liverpool Wavertree constituency Liberal Association. I was able to organise elections, knock on doors and suggest how people should vote—but not mark a ballot paper myself, much to my annoyance.

These amendments do not, of course, suggest that 16 and 17 year-olds will be made to vote irrespective of their political knowledge and interests, just that they should have the opportunity to vote. There are those who do not wish to see 16 and 17 year-olds voting. Perhaps they fear how those votes may be cast. A few years ago, the much respected columnist Peter Riddell cited opinion poll evidence suggesting that the best hope for the Conservative Party in the future would be to raise the minimum voting age to about 56. The average age of our Members is 68, but we should be able to show appropriate understanding of people in their late teens, encouraging them to participate in our democracy and to engage in the process through which laws will be made in Wales and elsewhere.

[Lord Berkeley of Knighton (CB)]

My Lords, we live in an ever changing world. One thinks back over the last year and the issues that we have debated in this House, be it assisted dying or gay marriage, and it is clear that we live in a world that is changing very fast. What do we want of young people? Do we want passion? Do we want interest? Do we want commitment? If we want those things, the way to get them is to reward them with our confidence. I have worked in schools where I have seen members of orchestras who are suddenly given an extraordinary responsibility to their colleagues: they have, if you like, to play as a team. This is also true of sport.

I have no doubt that many 16 and 17 year-olds want this responsibility. It helps them to grow up, to mature. I say to those who suggest that there are many who are irresponsible—of course there are; that is true of any age group, as we have heard—that I agree with what the noble Lord, Lord Rennard, just implied, which is that those who are really irresponsible and not very interested simply will not bother to vote. We are talking about those who are interested, and possibly about making those who might be interested more interested, so I wholeheartedly support this amendment.

[Baroness Randerson]

My Lords, I am very grateful for the contributions to this debate. Amendments 12 and 46 in the name of my noble friends Lord Tyler and Lord Thomas of Gresford, and Amendment 18 in the name of the noble Baronesses, Lady Gale and Lady Morgan of Ely, would reduce the age of voting in an election to the National Assembly for Wales, and any referendum held under Clause 12, from 18 to 16. I thank noble Lords for a really interesting debate on an important issue which has certainly captured the public’s imagination, particularly that of young people. The passion when my noble friend Lord Tyler spoke was very appropriate to the topic because it has aroused so much interest and it has, more or less, come from nowhere in terms of public awareness and debate. It might not have engaged members of the public very much but Members in both this House and the other place have strongly held views on this issue. We have had agreement here this evening but there was a Backbench Business Committee debate in the other place in January of this year, which aired the often opposing views on this issue.

Amendments 12 and 18 would apply only to elections to the Assembly. I am aware that my noble friend Lord Tyler currently has a Private Member’s Bill before this House, which would apply these provisions to the whole of the UK. I commend him for adjusting his amendments for Wales to ensure that they are within scope of this Bill. Labour’s Amendment 18 also attempts to introduce a voting age of 16 but it is technically deficient because it refers to parish elections in Wales. Of course, we do not have parish elections in Wales but community council elections.

Amendment 46, in the name of my noble friends Lord Tyler and Lord Thomas of Gresford, provides for voting by 16 and 17 year-olds in a referendum held under Clause 12 on devolving powers over income tax to the Assembly. The events in the recent referendum in Scotland are obviously of intrinsic importance here. A consensus appears to have developed within the Scottish Parliament, across parties, that the voting experiment was a success and should be continued. There is interesting work to be done in assessing the lessons of including 16 and 17 year-olds in that referendum. The Electoral Commission is undertaking work at this moment and will be producing a report which will deal with this as part of its coverage of the referendum.

The Government are committed to increasing democratic engagement and registration across the UK. They are very much at one with, for example, the noble Lord, Lord Berkeley, on the importance of systems of education which encourage young people to be responsible and take an active part in civic life. As someone who has spoken often over the years on the issue of votes at 16, I think that the fears of people who oppose it are that 16 year-olds might vote in strangely different ways. Actually, the Scottish referendum showed that 16 and 17 year-olds vote very much in the same pattern as older people. There is certainly a fascinating and probably a very vigorous debate to be had and I hope that that public debate will take place, above all by including young people. It should be a debate including young people rather than about young people. That is the key thing for the future.

Ideas are moving fast and I find it heartwarming to hear reports of so much support for ideas which I have spoken about over many years. I have been disappointed only on occasions that young people have lacked confidence in their ability to participate, but the important thing that my noble friend Lord Tyler pointed out is that young people can be brought along with the voting process more easily. The word he used was “mobilised”. They are often still in education and usually living at home. They are therefore easily accessible for people campaigning in elections.

Having said all that, I shall say what I say every time: this is clearly not an issue for this Bill and I will listen with interest to the debate in future. I urge the noble Lord to withdraw his amendment.