Crown Estate Bill [HL]

Lord Berkeley Excerpts

Report stage
Tuesday 5th November 2024 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, I will speak to Amendments 2 and 14 in my name.

On Amendment 2, I am incredibly grateful to the Government for their engagement on the importance of pre-appointment scrutiny for the Crown Estate commissioners. However, I recognise that my initial amendment in Committee was a bit ambitious and have restricted the amendment before your Lordships’ House today on Report to the chair of the Crown Estate commissioners. It is important, as I mentioned in the first group, as there is a decrease in parliamentary oversight. It is not uncommon for the chairs of the boards, or equivalent, of such significant public sector bodies to at least have some form of questioning prior to taking up their role.

I note that, in his letter yesterday, the Minister said:

“The Government has not tabled an amendment on this matter because there is already an established process by which roles such as this are added to the Cabinet Office’s pre-appointment scrutiny list. The Treasury will work with the Cabinet Office to progress this matter”.


I am grateful to the Government for their assurance that the chair of the Crown Estate commissioners could be added to the Cabinet Office’s pre-appointment scrutiny list; we will be holding the Government to account as this is progressed.

Amendment 14 is, again, related to the importance of the assets for which the Crown Estate is responsible. It has the stewardship of billions of pounds-worth of very important assets for the benefit of the nation. Some of these assets are on land, some make up the seabed, some are incredibly important thoroughfares in our main urban centres, and others might be important agricultural land across the nation. I can see very few guardrails to prevent the Crown Estate commissioners deciding to sell those assets. Indeed, there have been quite significant asset sales over recent years, and I was not really able to find any information as to what has been sold.

We made this argument in Committee, and I am grateful to the Government for their assurance that they will bring forward an amendment or some sort of process by which the seabed might be protected. However, my understanding is that the law in this area is very complicated, so I am somewhat concerned that a process could not be found that is seabed-specific. Nevertheless, I welcome the Government’s engagement and their recognition that selling off elements of our seabed in perpetuity would not be wise and should not be done without some form of transparency.

However, as I said previously, it is not just about the seabed; I also remain concerned about other important assets owned by the Crown Estate. My Amendment 14 simply proposes that, should the Crown Estate sell more than £10 million-worth of assets—I am happy to look at a different figure—there would be some form of transparency to Parliament, such that noble Lords and colleagues in the other place could see the assets being disposed of and make at least some assessment of whether that is the right course of action for the Crown Estate.

[Lord Berkeley (Lab)]

My Lords, I wish to speak to Amendment 15 in my name, which is in this group. I tabled the same amendment that we debated in Committee because my noble friend had not yet been able to respond in his promised letter; but, of course, he has now responded, and I presume all noble Lords have seen the letter. I found it very helpful, and I thank him for it. However, my amendment provides an opportunity to debate what is in that letter and issues that affect quite a lot of people—not only in the Isles of Scilly but in some of the other places related to the ownership of the Duchies or the Crown Estate. There are a few principles I would like to discuss and see where we get to.

What I found most interesting was that my noble friend’s letter was quite clear that both Duchies are private estates—I do not think there is any debate about that now. The Duchy has been saying this for a long time, and it is in his letter from the Treasury. I am also grateful for the explanations about the finance and the involvement, or not, of the Public Accounts Committee in the other place, the National Audit Office, et cetera. But then we get into rather more interesting and difficult territory. In his letter, my noble friend says:

“Crown bodies … are not bound by the enfranchisement legislation”


that your Lordships’ House debated over many months earlier this year. I question how a private estate cannot be bound by legislation such as that—why should the Duchy be exempt?

We then get into an even deeper mystery about what are called “excepted” areas. There is a distinct lack of transparency here. I will not go into great detail about the problems faced by the tenants on the Isles of Scilly because noble Lords can read material from the previous year or two. During the legislation at the end of the last Parliament, the then Chief Whip, the noble Baroness, Lady Williams, read out a parliamentary undertaking that attempted to differentiate between what they call “non-excepted” and “excepted” areas. So my first question to my noble friend the Minister is: what is an excepted area, and who decides? Is it Parliament, the Government or the landowner—in this case the Duke of Cornwall—who decides what should or should not be included in legislation? That is interesting for a private sector company, and it needs debating.

Given that, last weekend, there was a lot of publicity in the media, including the Sunday Times, you start wondering what “private” means in this context. Presumably, all private bodies should pay tax—that is pretty fundamental to our life here—including income tax. The Duchy and His Majesty say that they pay tax, but it is voluntary. I would love to pay voluntary tax and to decide how much it was, as I am sure many other noble Lords would, but that is not what it is all about. They do not pay corporation tax, capital gains tax or inheritance tax. They get all that rental income, which noble Lords may have read about in the Sunday Times, from ambulances parking on their land, with the National Health Service being charged and paying the Duchy of Cornwall, I think it was. This seems to be a bit of a recycling of the cash that the Duchy claims it needs to charge people. This comes back to the Duchy claiming credit—I see this on the Isles of Scilly—for allowing bodies to use its land and charging them for it.

One example is that the farmers on the Isles of Scilly want an abattoir built so that they do not have to transport animals to the mainland, which I think is a good idea. The Duchy said, “You can have the land”. Many of us think that it does not own the land anyway, but, leaving that to one side, if it allocates land to an abattoir, it will then charge the farmers for using it. Is that right, when the land does not really belong to it and it is not contributing to the cost? That is another debate that we need to have on this.

Perhaps what is wrong is that the Duchy needs the money, but given what is in the rest of the Bill, it will result in His Majesty and other members of the family getting quite a lot more. One could surmise that they do not need the money and that it might be better if they paid their taxes and invested properly in an estate, like many large estate owners in this country already do. Noble Lords will have heard me speak about the appalling transport services between the Isles of Scilly and the mainland, where a single fare by ship or plane usually costs the best part of £100. The Duchy could contribute to that—it would just be small change.