Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Berkeley and Lord Phillips of Sudbury

Wednesday 18th January 2012 Lords Chamber

[Lord Berkeley]

My Lords, I shall speak to Amendment 61ZA, which is in this group. It does not much relate to the amendments of the noble Lord, Lord Ramsbotham, but it raises an interesting issue to explore at this stage. It would include the Duchy of Cornwall or the Crown Estate as a public body under paragraph 19 of Schedule 1, to allow for those who believe that these organisations have abused their positions of power. My reason for tabling this amendment is the continuing uncertainty over the status of these bodies, which can be summed up by saying, “Are they private or are they public?”. Are they accountable to Parliament and how do Ministers take into account the issues raised by them, including the numerous handwritten letters that they reportedly receive from Prince Charles, which must always remain confidential? There is a complete lack of transparency.

My attention was drawn to this because of a recent case before the First-tier Tribunal of the General Regulatory Chamber on information rights between someone called Michael Bruton and the Information Commissioner and the Duchy over allegations that the Duchy allowed an oyster-growing grid to be deposited in the Helford river in Cornwall—in what was reported to have been an SSSI—without carrying out the necessary environmental assessments. The question then arose of whether the Duchy is covered by the Environmental Information Regulations, and hinges on whether it is a public body. The Duchy’s counsel said that,

“the Duchy is not democratically accountable in any meaningful sense”.

I find that rather an extraordinary statement. We can debate what it means, but the tribunal’s decision hinged on the definition of a public body. The tribunal found that the Duchy was a public body under the Environmental Information Regulations. Its judgment hinged on the fact that the Duchy is the harbour authority for the port of St Mary’s in the Scilly Isles. The Duchy has appealed so we do not yet know the result.

It is interesting because, at the same time, I have a Private Member’s Bill that is going through your Lordships’ House rather slowly. I was told by the Clerks that I would have to ask the Minister to write to the Duchy to ask permission for the Bill to be taken forward because it affects the private interests of Prince Charles. Clearly, in this House it is believed that having an interest in a harbour is a private interest, whereas the information tribunal thinks that it is a public interest. There are around 120 harbour authorities in this country. I had to ask why the Minister had to write to just one and not the other 119 but that is probably something of an aside. There is a lot of uncertainty there. I do not know how Mr Bruton is funding the appeal or the original work but he certainly did not get legal aid. Perhaps that should have been considered.

I turn quickly to the Crown Estate. Noble Lords will be aware that the Treasury Sub-Committee in the House of Commons investigated the workings of the Crown Estate. Its report was the first for around 20 years and it was clearly frightened by some of the issues that came back. It is interesting that the Government have recently changed the method of funding the public activities of Her Majesty by going back to pre-George III times and agreeing to give 15 per cent of Crown Estate revenue. However, they cannot tell what the future revenue of the Crown Estate will be because there could be very large revenue from North Sea oil and all the wind farms that are being built. Until now, that revenue has gone to the Treasury. We do not know what will happen in the future but I fear that there will be a lot of uncertainty about this. It is still not clear how one can ask questions about the activities and financing of the Crown Estate. Is it a public or a private body?

This uncertainty, coupled with the fear of some people and the unwillingness of the Government to subject the Duchy and the Crown Estate as public bodies—if that is what they are—to proper scrutiny, is a major hurdle for anyone willing to take them on in the courts. That is probably what is intended but it is unfair. It seems that these bodies decide whether they are public or private as it suits them in particular cases, which is all wrong. Therefore, there is very little precedent and, no doubt, much higher costs for any appellant. I will be very interested to hear what the Minister has to say about this. Does he believe that it would be equitable for legal aid to be available in such cases? Alternatively, or additionally, will the Government set up a review of what is private and what is public in these cases to produce some clarification and transparency, so that everyone who has to deal with these organisations knows where they stand?

[Lord Phillips of Sudbury]

My Lords, I shall speak in favour of Amendment 60, for which the noble Lord, Lord Ramsbotham, has made a strong case. I expect the Minister may say that, ipso facto, an abuse of power is unlawful. The problem is that if that is the argument, the way that sub-paragraph (6) is drafted apparently provides a complete definition of the phrase “abuse of power” in the context of paragraph 19, and the totality of that definition is in sub-paragraph (6)(a) and (b). It seems necessary to include the word “unlawful” although, as I say, it seems manifestly obvious that any public authority acting unlawfully is, by definition, abusing its power.

I would also be grateful if the Minister could tell us whether the word “deliberate” here means the same as “intentional”. I rather assume that it does, but some explanation is needed of why the normal terms—“intentional” or “with intent”—have been changed in this instance to “deliberate”. Does the definition as drafted exclude the careless exercise of power on the part of a public authority because there is a difference between a reckless or careless exercise of power and one that is deliberate or intentional? I hope that the noble Lord will refer to those points when he sums up. As I say, I am happy to support this amendment.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Berkeley and Lord Phillips of Sudbury

Tuesday 25th January 2011 Lords Chamber

[Lord Berkeley]

My Lords, I visited Cornwall for many years. More recently, I became a resident there. Unsurprisingly, I get involved quite a lot in transport issues there. I agree with all noble Lords who said how important it is to keep Cornwall separate. I look on Cornwall as an island. Only six miles of land separate Devon and Cornwall on the north side. The river Tamar is the frontier. Crossing the Tamar on a bridge has always been difficult. There are not many road bridges, and many were fearsome in the past. There is one railway bridge. The roads are so bad that about the only railway in the area apart from the main line that was preserved by Dr Beeching was the interesting line that goes up to Gunnislake—which involved reversing in the middle of nowhere—because the local residents rightly argued that that was the only way in which they could get out in the winter when it was snowy. The line is still running very well.

I therefore compare Cornwall, as a semi-island, with some of the Scottish islands, which, as we have heard, have already been granted what you might call their own constituency status. I see how the Scottish ferries operate extremely effectively and efficiently, subsidised and supported by the Scottish Government, and I compare that with what happens in Cornwall and the Isles of Scilly. We have two very good ports in Cornwall in the shape of Foy and Falmouth. I am pleased to be a harbour commissioner in the port of Foy.

Penzance, at the end of the railway, is where the ferry goes to the Scillies. As we have heard, about 2,000 people live on the Scillies who maintain a very nice existence—I go there often—but it is very dependent on tourism. The dear old “Scillonian”, which is a passenger and freight ferry, is about 40 years old. It has basically been condemned by the Maritime and Coastguard Agency. The service has been given a stay of execution for another year or two, provided that a new ferry is procured. It operates daily in the season with passengers and freight. It needs upgrading because the facilities in the quays are not good. The fear is that one of these days there will be an accident and a piece of cargo will hit a passenger. That could happen at either end, so rightly it has been insisted that the service be improved.

The partnership that is trying, with the aid of European, county council and Department for Transport money, to develop and finance extensions to the quays at both ends—at St Mary's and Penzance—and a new passenger and freight combined ferry, has had the most appalling trouble getting a project together. Alternatives have been produced and everyone is agreed on the best alternative. It has had planning problems because it had to extend the quay slightly at Penzance. Someone objected at the public inquiry that the quay could not be extended because it would go on to sacred ground. When the inspector asked where was the evidence was that the ground was sacred, he wastold, “Come and look at the footprints of Jesus at low tide”.

[Lord Phillips of Sudbury]

I hope the noble Lord will not be upset by my question, but I have completely lost the drift of his argument vis-à-vis Cornwall as a separate entity.