Debates between Lord Gardiner of Kimble and Baroness Kramer during the 2017-2019 Parliament

Mon 8th Jul 2019
Wed 5th Jun 2019
Kew Gardens (Leases) (No. 3) Bill [HL]
Lords Chamber

Report stage (Hansard): House of Lords
Tue 21st May 2019
Kew Gardens (Leases) (No. 3) Bill [HL]
Lords Chamber

Committee: 1st sitting (Hansard): House of Lords

Brexit: Access to EU Systems

Debate between Lord Gardiner of Kimble and Baroness Kramer
Monday 30th September 2019

(5 years, 2 months ago)

Lords Chamber
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Baroness Kramer Portrait Baroness Kramer (LD)
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What does the Minister consider to be the risks we face if we leave without a deal, are outside RASFF, new arrangements have not been negotiated, and there appears to be no substitute for the alert system? As the noble Lord, Lord Rooker, said, it identifies something like 28 dangerous bugs released into the food environment every day.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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First, if food was sent to this country from within the EU, there is under European Union law a requirement that we would be notified. That is in place, and I have already said that the FSA is expanding its contacts and increasing our level of engagement with the International Food Safety Authorities Network, and scaled up the FSA’s capacity. Some 180 countries including New Zealand, Australia and Canada are involved. We have heard from them, and they are not complaining about the capability of INFOSAN.

Soil Health

Debate between Lord Gardiner of Kimble and Baroness Kramer
Monday 8th July 2019

(5 years, 5 months ago)

Lords Chamber
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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, I did not raise it because soil is a devolved matter and it will therefore be for the other Administrations to work on this. All I can say is that soil is an asset of great value across the country. In Defra’s collaborations and discussions with all Ministers from all the Administrations, soil and its health are clearly of national interest—by that, I mean for the United Kingdom.

Baroness Kramer Portrait Baroness Kramer (LD)
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My Lords, forgive me if this is because of my lack of understanding but when the Minister answered my noble friend Lady Parminter, who questioned whether measures would be included in the Bill, he said a lot of good things about the measures. However, I did not understand whether they were to be in the Bill or not. Can he possibly clarify?

Kew Gardens (Leases) (No. 3) Bill [HL]

Debate between Lord Gardiner of Kimble and Baroness Kramer
Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
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My Lords, I am most grateful to noble Lords for their contributions. I well understand that the noble Baroness’s amendment seeks to restrict the application of the Bill solely to residential properties. It is true that the properties currently in the contemplation of Kew following the Bill are those seven residential properties that are either currently occupied on one-year assured shorthold tenancies or are vacant and require substantial renovation work. That is not to say that these are the only opportunities for Kew, but these are the definite properties that could immediately benefit from the Bill.

I know that noble Lords want only the best for Kew—I absolutely understand what the noble Lord, Lord Campbell-Savours, is saying. In both what I believe I put on record about the protections and, if I am permitted, in suggesting what might follow on the next amendment, Parliament is very clear about the requirement to protect Kew. However, I agree with my noble friend Lord Eccles that restricting leases to residential properties only would have a significant adverse impact on Kew’s ability to benefit from the Bill. All noble Lords have said that we have great trust in the current trustees but we are worried about what might happen in the future. The current trustees and executive feel very strongly that to restrict the Bill will not be helpful to Kew in the future. I want, therefore, to reassure the noble Baroness, Lady Jones of Whitchurch, and other noble Lords by setting out in more detail further properties that Kew might, for example, plan for the future.

Other properties will be considered for the possibility of the grant of a longer lease when opportunities clearly present themselves; for instance, if buildings become vacant and surplus to requirements. As noble Lords know, the care and protection of Kew’s collections is one of the primary duties of Kew’s board of trustees. The board must ensure that its collections are well managed, widely accessible and secure, and provide an optimum environment for scientific collaboration and discovery. This statutory duty will entail developing contemporary world-class facilities for the collections and science research at Kew Gardens, to provide a platform for collaborative, discovery-driven, botanical science to find solutions to the urgent challenges of climate change and biodiversity loss.

As these facilities are realised over the medium to long term, this could enable other buildings to be repurposed for a means appropriate to furthering Kew’s mission and statutory objectives. These other buildings could include office accommodation which becomes surplus to requirements or is in need of significant renovation. In such cases, Kew should be able to explore options that deliver the best possible return for Kew, whether for commercial or residential letting, and which can be reinvested to further its statutory functions.

One such opportunity is 47 Kew Green. This is currently an office building for marketing and commercial staff, albeit not fit for purpose as modern office accommodation and requiring significant renovation work. Should Kew identify alternative space for staff to move out of this building into more suitable accommodation, it would be faced with a choice of renovating the building itself or finding a suitable and sensitive lessee to take the building over and improve its condition. I should add that Kew is very clear that, even with renovation, this building would not be suitable as research facilities to further Kew’s purpose—investigation and research into the science of plants and fungi. Kew may not require the office building in the future, but, equally, preventing Kew leasing it out as a business premises would restrict it, even risking that building becoming obsolete. That is clearly one of the key aims that the Bill seeks to remedy.

Another possibility is Descanso House, a grade 2 listed Georgian building on the edge of the Kew Gardens site. It is not accessible to the public and is underutilised due to its condition. It is currently office accommodation for a small number of Kew staff, with a small office let to a Kew partner on a one-year lease. It is in urgent need of repairs. If alternative office accommodation could be found, this building could be considered for refurbishment, subject to listed building consent and in accordance with guidance in the Kew world heritage site plan.

To restrict the Bill to apply solely to the residential properties would not help Kew. On the basis that the protections are already in place, which I have set out at great length—and, if I may be permitted to say, I believe those protections will be considered in the next amendment—there is no reason to distinguish between residential and commercial leaseholds. From my experience of other large estates such as Kew, I would expect a mix of leasehold lets.

I will look into the points raised by the noble Lord, Lord Campbell-Savours. I recall committing to write on the specific issue of the car park. A copy of that letter should have been placed in the Library and sent to all noble Lords, but I will check. I know I signed the letter, so I am confident that—

Baroness Kramer Portrait Baroness Kramer (LD)
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To reassure the Minister, I certainly received a copy of it; I believe my noble friend did as well. I do not know whether other noble Lords did, but it was an extremely reassuring letter.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I will look at Hansard again, because if the noble Lord, Lord Campbell-Savours, thinks that I have not attended to other matters, I of course shall.

On the question of the framework document, Kew is protected but it is absolutely essential that there is rigour in that document, given the use of public money, over the arrangements between the sponsoring department and Kew. All noble Lords would be displeased if there were not confidence that there was rigour in the custodianship of public money. I do not resile from the fact that it is important that there is this arrangement between Defra and Kew. From my experience, the relationship between the two is proper, but with a mutual respect that we understand absolutely the functions that the trustees and the executive undertake on our behalf.

Kew Gardens (Leases) (No. 3) Bill [HL]

Debate between Lord Gardiner of Kimble and Baroness Kramer
Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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It would be more helpful if I could develop my arguments. It is important that I set out the legal point. My noble friend Lord Eccles is right that I should perhaps get a better legal definition of “non-core”. I am trying to explain, in what I would call lay language, that Kew has recognised that these properties on Kew Green are not required for the fulfilment of its functions, as set out in the National Heritage Act. Here, we are seeking to enable Kew to use the additional income to meet the challenges that I know my noble friend Lord Eccles had to resolve when he was chairman, as will the current and future chairs. I like his point, which is how in these difficult times we can invest more proactively in Kew.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I would like to make some progress.

Baroness Kramer Portrait Baroness Kramer
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Perhaps I may just ask the Minister a question purely for clarification. I am not the slightest bit fussed about the seven houses on Kew Green as they are all under conservation orders and the local council will certainly be able to prevent any inappropriate development. We can also count on the fact that, no matter what the political colour of the council, the residents will make sure that that happens. What I am trying to understand is what else might be non-core. Does that include the parking area, or is it part of the non-core estate? Is that where we should be focusing our general concern?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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As I say, it goes back to those areas. I want to pin down this point. This is absolutely not about suddenly cherry-picking: “That looks like a nice site; that would be quite lucrative”. It is about enabling longer leases to ensure that there is more money for Kew to do these things. Part of the issue, shall we say, is accessibility for the public, whether that be parking or other general facilities. Yes, such things are part of enabling scientific endeavour, but they also enable the nation to appreciate what Kew does by way of visiting the gardens.

--- Later in debate ---
Baroness Kramer Portrait Baroness Kramer
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Can the Minister tell us—clearly not now—what the status is of that car park land? It sits outside the wall of Kew Gardens, so I am not sure how far it is covered by any of the protections he has mentioned, even though it is the obvious site if you were going to have a commercial development. It would be extremely helpful to know what the protection is there.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I referred to buffer zones. This is an issue for Kew in terms of how planning proposals beyond the curtilage of Kew Gardens may, in turn, impose upon the world heritage site. I will write to the noble Baroness about the precise element of the car parks, but they are all part of Crown land, which is part of—ah, the noble Baroness is signalling that that may not be the case. May I come back to the noble Baroness on the question of that car park?

In conclusion, it is important to note that the Bill will not supersede the application of any existing legislation or policy already in place. This includes any proposals for new build or changes to the use of buildings, including on the wider estate. I mention that because Kew is a proactive scientific institution and therefore it is inevitable that, in protecting Kew and its wonderful historic site, we will have to have future state of the art scientific buildings with laboratories to help us find solutions to protect our natural ecosystem. So I deliberately raise the fact that, in protecting Kew, we will need new contemporary buildings to assist it in advancing scientific knowledge. I want to protect this great, historic site, and I am sure that it is our objective to entrench that for ever.

I repeat that I have looked at this in great detail and I cannot think of anywhere that has more protected elements, with so many varied facets, than Kew. So I say to the noble Lord, and to all noble Lords, that obviously I am in tune with what they want from this. I would like to continue discussions with the noble Lord, Lord Whitty, and other noble Lords, because I want to get this right. However, in the meantime, I ask the noble Lord to withdraw his amendment.