(12 years, 2 months ago)
Lords ChamberI am delighted that the Deputy Prime Minister was able to make this declaration on greenhouse gas reporting at Rio. I can report back that the UK was key in this particular area and that this particular development was widely welcomed. Indeed, the decision was cheered by the conference. At Rio, we talked to Aviva and Unilever—companies that have developed exactly this sort of approach to corporate responsibility—and hope that this model will be taken up by other companies.
My Lords, will the Minister take time to reflect on the answer he has given? I suggest, if I may, that he will find it very complacent. Climate change is the largest threat to the global community, notwithstanding our financial difficulties, which are obviously acute. Does the Minister agree that we must take urgent action on migration, world poverty and food availability for the world population? What happened at Rio is a disgrace. We should learn from the financial crisis that we suffer grievously if we do not take action in time. Why have we not taken and agreed specific action at Rio?
The noble Lord makes a passionate contribution to the discussion. Underlying it, of course, is the question of Britain’s role. This is a gathering of the world’s nations, with a huge disparity between the wealth and economic activity of the participating countries. Getting a single agreement is bound to be difficult. It is important that we have laid the foundations for discussions in the future that can lead to exactly the sort of outcomes that the noble Lord seeks, but it would be presumptive of this country or Parliament to go to an international conference and insist that it had the solutions to the world’s problems. We are part and parcel of a global solution, and that is what we seek to maintain.
(13 years, 5 months ago)
Lords ChamberI assure the noble Lord that the hard men have done nothing. All I am advised is that he is ill.
In the noble Lord’s absence, I beg leave to move this amendment and to speak to its group. I should perhaps remind the Committee of my interests: I am a vice-president of Campaign for National Parks and president of the Friends of the Lake District, an area that includes a very fine national park. At the outset, I shall say a word on why the parks matter, because this amendment is not free-standing but relates to their purpose. In our stressed society, many would argue that the parks have become more important than ever as a place for spiritual and physical renewal. They also have a tremendous contribution to make in the sphere of biodiversity and, potentially, a significant part to play in combating carbon pollution and all the rest.
We have yet to hear why the inclusion of national parks authorities and the Broads Authority in this Bill is either appropriate or necessary. The suggestion that their inclusion is to give them more flexibility in operating does not, frankly, sit comfortably with the extent of ministerial diktat that the Bill will provide. Most of the provisions are, in any case, unnecessary given the flexibility that already exists within the Local Government Acts and Part 8 of the Natural Environment and Rural Communities Act 2006—or NERC, as it is known—on administrative arrangements. National parks authorities and the Broads Authority are, as they were originally described, special-purpose local authorities, but this level of intrusion by the national Government of the day threatens to undermine their independence. This group of amendments would remove national parks authorities and the Broads Authority from the Bill and, I assure the Committee, therefore have widespread support.
Clause 3 appears to give Ministers the power to change many aspects of how national parks authorities work, including their name, their accountability to Ministers, their powers to employ staff, the number of members, the procedures for member appointment and, indeed, the appointment of the chair. The concern reflected in these amendments is about the extent of the power that would be given to Ministers to alter the composition of those authorities and the Broads Authority. Defra has linked this clause to the current consultation on the governance of national parks authorities, which aims to improve their local accountability. However, the consultation is based on six simple, open questions and, until we have a clear picture of the response to them, it is surely not possible to propose what, if any, constitutional changes might be right. Indeed, including such far-reaching provisions in the Bill to deliver outcomes that have not yet been established is, I suggest, obviously premature.
Schedule 3 does not seem necessary given the flexibility that already exists in Part 8 of the NERC Act 2006. If, as I gather Defra has suggested, the intention is to provide greater flexibility for amending the membership of the Broads Authority, only that authority should be mentioned and only in relation to the specific issue of membership, not the wide range of constitutional issues listed in Clause 3.
Clause 5 gives the Minister the power to transfer the national parks authorities’ functions to an eligible person or to modify those functions by order. In practice, that would mean that, if a national park authority or the Broads Authority upset the Minister of the day through its planning decisions, the Minister could order that authority to transfer its land-use planning functions to the department, to another local authority or to a company limited by guarantee and so on. This would mean that the authorities would be constantly living with the potential threat of having powers taken away in the event of an unpopular decision, but one that would be right in terms of the purposes of the parks. That would inevitably have consequences for their freedom to operate, their willingness to innovate and, potentially, the robustness of their decision-making.
At this point I should put a question to the Minister: how do the Government value the three provisions in relation to the functions of the national parks authorities and the Broads Authority—statutory functions, such as the land-use planning functions and other detailed matters such as the making of tree preservation orders, and any function, statutory or discretionary, that the authority might undertake to deliver its statutory purposes? Those purposes are set out in Section 5 of the National Parks and Access to the Countryside Act 1949. They are,
“conserving and enhancing the natural beauty, wildlife and cultural heritage”,
and,
“promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public”.
There is of course an additional purpose where the Broads are concerned, relating to navigation. I suggest that it is highly disturbing that under the terms of the Bill Ministers could change the purposes for which national parks and the Broads have been designated by order rather than through primary legislation. That is a significant and sweeping proposal.
Clause 6 gives the Minister the power to make provision by order to authorise the national park authority or the Broads Authority to delegate some or all of its functions to an eligible person, including another local authority, a company limited by guarantee or the Minister himself. While this does not explicitly relate to an authority’s planning function, it is rather hard to imagine what else it could be about. National parks authorities and the Broads Authority can currently choose to enter into agency agreements with other authorities on the delivery of their development control function, as is happening in the newly established South Downs National Park. This arrangement ensures that the authority remains ultimately responsible for the delivery of the development control function and that it is able to monitor and, where necessary, amend arrangements so that they do not prejudice the delivery of park purposes. Full delegation would not give it the same ability to monitor arrangements, as it would be delegating responsibility for them to another body. Significantly, the transfer parts of Schedule 5 and all of Schedule 6 can already be achieved using Part 8 of the NERC Act. Unlike under Clause 5(1)(b), a transfer could be done then only with the agreement of the authority.
Clause 8 requires Ministers to have regard to various objectives in considering whether to make an order under Sections 1 to 6. Surely, if we ever have this clause, it ought to require Ministers to be able to demonstrate that these objectives will be met, rather than merely having regard to them.
I have had all sorts of reassurances from Ministers about their intentions and their commitment to the parks and I genuinely believe that what they are saying is what they believe. I respect them for that, but I suggest that it is unfortunate that the parks and the Broads Authority were brought within the Bill, as they have an immensely important role to fulfil. I see some noble Lords present who from time to time have had quite acute criticisms of the parks, but those criticisms can be taken up with the park authorities as they stand and are established. I ask the Minister to consider seriously the intention of these amendments and I hope that what he says tonight will meet some of the concerns that I have expressed. I beg to move.
My Lords, my noble friend Lord Greaves, from his bed of sickness, asked me to intervene in this debate to make a few points. The noble Lord, Lord Judd, has made many of those points, which will inevitably shorten the remarks that I feel obliged to make. In a sense, I will underline the principles that he raised.
The first question that I put to the Minister is: how are we and those who care about the national parks to divine what the coalition Government seek to achieve by the inclusion of the national parks authorities in Schedules 3, 5 and 6? The coalition agreement indicated:
“We will review the governance arrangements of National Parks in order to increase local accountability”.
At the time, that was taken to mean considering the possibility of the direct election of the indirectly appointed council members of the national parks authorities, although that was not made explicit. However, that is what the authorities considered that it indicated.
The second issue, which was referred to by the noble Lord, Lord Judd, is about the Defra consultation. The consultation asked six questions, but those questions did not bring great clarity to what the Government had in mind by including them in the consultation. They were very open questions about whether the membership of the authorities should be changed and whether the process for selection could be improved. There was certainly no reference to direct election in place of indirect election from the local authorities. I understand that the consultation is now complete and the answers were submitted to the Government on 1 February. It would be of interest to know what the Government’s response to that process is and what conclusions they have drawn from the submissions that have been made.
The third issue is to discover which powers and functions of the national parks authorities the Government have in mind to alter and in what way. The national parks authorities are essentially hybrids: they are partly quangos but they have local authority functions, including particularly powerful functions in respect of planning and development, which could be and are exercised by local authorities in other parts of the country. This raises the question of how any change would have the effect of devolving more powers to the localities if what the Government seek is more influence over the direction of decision-making.
It may be thought that the powers already exist to provide for greater flexibility through the Natural Environment and Rural Communities Act 2006, which the noble Lord, Lord Judd, also referred to. The Act specifically provides for flexible administrative arrangements for designated bodies, including the national parks authorities. Consequently, it appears that the only reason why this measure might be considered necessary, and for including these authorities in the Bill, is that the approval of the Secretary of State is not sufficient under the 2006 Act. The proposals must be approved by the national parks authorities. On the face if it, this looks as though it is a direct transfer of authority to the Secretary of State. That may not be the intention, but we need to hear what the Government have in mind.
It is clear that there is already grave disquiet among the national parks authorities about the inclusion of this provision in the Bill. Many of the friends organisations, those who live in the national parks and some who are employed by the authorities are considerably concerned about it. If the Government are not able to give a precise indication of the purposes of this inclusion in terms of restructuring, I predict that there could be a considerable backlash from the public. I do not say that it will necessarily be on the scale of that aroused by the forestry provisions, but no one should underestimate the regard and affection felt by many people for the national parks, not only by those living in and depending on the organisation and management of the national parks but by those who see them as an important escape from the pressures of life. Those people are deeply concerned that the 9.3 per cent of our country that is included in the 10 national parks in England should be maintained with its heritage, beauty, natural conservation and many of the other fortunate happenings in these areas. I hope that the Minister will reply to these questions, which certainly exercise many people around the country.
My Lords, first, I thank everyone who has participated in this very interesting debate, not least the Minister for his reply. It has been good, in particular, to have the full-hearted support of those on my own Front Bench. I thank them very much for that.
I must say that if we wanted an indication of the quality and significance of the parks, to which noble Lords have already referred, it was epitomised by the noble Lord, Lord Cameron, when he talked about the coincidence between his arrival into the world and the creation of the parks. It is good to have him on side as well.
I am also very grateful to the noble Lord, Lord Maclennan, who referred to the strength of feeling among the public about the importance of the parks. Indeed, in every survey of public opinion, a very large majority of the population has said how much it believes the parks matter. That places a heavy responsibility on all of us.
The noble Lord, Lord Deben, introduced some very important points and did so very reasonably. Of course, ultimately, the Secretary of State has responsibilities for things that happen in his sphere, but the noble Lord also said that this should be decentralised as far as possible. That is the balance that has to be struck. As always in these things, this is not just about the words but about the driving energy behind it all. I ask the Minister to accept—I think he has recognised this—that there is a real anxiety that this could give an awful lot of power to Ministers with very few checks and balances. That issue still has to be addressed, and I really would be grateful if the Minister could come back on Report with more specific proposals on how that anxiety could be met.
It might assist the noble Lord if I remind him of the timing of this Bill. I do not think that we will get to this bit of Report until after Easter. We will certainly have completed the consultation, and will therefore have made one or two noises, if I can put it in those terms, between this stage of the Bill and the next stage. That is on the understanding that we have the usual two weeks between stages, depending on when the Bill finishes. However many days we have on Report, I do not think, as I said, that we will get to this bit of the Bill much before or much after Easter.
Those are encouraging words indeed from the Minister. Indeed, his noble friend, who has been leading on this Bill, has made similarly encouraging remarks to me outside the Chamber. We wait to see what happens, but the more that can specifically be said to meet the outcome of the consultation the better.
I was going to make the point that the parks authorities are in a sense trustees of this very special inheritance of the nation, and trustees should be independent and should feel able to be independent. They have the job of striking a balance between the communities who live in the parks and the national interest, because the parks are national parks for the enjoyment and regeneration of the population of the nation as a whole. It is a balance to be struck and the park authorities, in their independence as trustees, are well placed to do that. It is free of the hurly-burly of political considerations as they come up tactically, not least towards election times and things of this sort.
My anxiety is not that we will wake up one day and find that the parks have gone but that my grandsons may come to inherit a sort of rather nice home county as distinct from the national park as it should and could be. In my view, if we take the spiritual needs and the needs of a stressed and hard-working nation seriously, the national parks should be a place of contrast. The job of the trustees is to keep that contrast and not just to turn it into an extension of suburban Britain.
In thanking those who have participated, I should also say that it was good to have the special knowledge of my noble friend Lord Berkeley. I want to demonstrate to the noble Lord, Lord Deben, among others, how seriously I take this point. I am a great admirer of the national parks in the United States. They are very exciting, fine places, which have survived different administrations, but they are wildernesses. We have a much more difficult and delicate task because ours have living communities in them and the situation is not the same. I would argue therefore paradoxically that that is why trustees with independence in the form of the park authorities are so important so that they can make their judgments as objectively as possible.
I thank all those who have participated and the Minister for his response, which, I dare to say, was encouraging. I look forward to what he will be able to say at later stages when the consultation is complete. I beg leave to withdraw the amendment.
(13 years, 5 months ago)
Lords ChamberThat would depend on legal advice on one’s interpretation of the Forestry Act 1967. The noble Lord will be more familiar with that Act, and all previous legislation, than even I am. He will know that it imposes a duty that there should be a substantial forestry estate at the disposal of the Forestry Commission. It is a matter for interpretation as to what size that should be.
I am sure that the whole House would agree that it is a great privilege to participate in a debate on an amendment initiated by my noble friend Lord Clark of Windermere. There are few people who have contributed more to the cause of the forests than has my noble friend. One thing that was particularly important about his time in the chair was that he saw to it that the commission addressed the issue of involving local communities in a sense of ownership and participation in the enjoyment of the forests. Under his stewardship, a great deal was done to open up the forests and to encourage people to use them and to have fun in them, but in a way that did not rape their very special character and heritage, in the sense that they are places of great spiritual significance and beauty. The whole House, irrespective of party difference, will want to pay tribute to my noble friend.
I endorse what my noble friend said about the spirit in which the noble Lord who is leading on this Bill has approached those issues that are put before him by people with special interests. I suppose that I shall have to say several times during our deliberations on this Bill that I should declare an interest. I am vice-president of the Campaign for National Parks and, particularly in the context of the forests, I have the great privilege of being the president of the Friends of the Lake District. One thing that my noble friend mentioned which I would like to underline is the strength, depth and spontaneity of feeling expressed when people felt that the forests were under threat. It was an extraordinary social cross-section of people, which was also impressive. The phrase one heard over and again was, “What are they doing to our forests?”. There was a deep feeling that these forests were the heritage of the British people and that they belonged to the British people. We all ought to try to make connections in government between things that are happening in different spheres and I put it to the Government that, at a time when the Prime Minister chooses to talk about British character, it is very important not to attack those things that people feel are central, in a tangible way, to being part of Britain. Their forests are certainly part of that.
I was glad to put my name to the amendment dealing with the regional advisory committees. I referred to my role in the Friends of the Lake District and in the Campaign for National Parks, which brings together groups concerned about national parks all over the country. I think that it is important that, in the commission’s administration of the forests, real efforts are made to get a local perspective, so that there is a real forum in which local issues and priorities can come forward and be taken into account in the way that things are handled. If nominated and appointed in the right way, advisory committees on a regional basis are a significant way in which to give meaning to this sense of ownership by the people as a whole, because it is possible for the local arguments to be heard and taken into account. That is why it is so important that the advisory committees should continue.
In his remarks, my noble friend made considerable reference to the issue of the 15 per cent. I hope that the Minister, whom I regard as a good Cumbrian friend, will forgive my saying that he did not convincingly answer the point. He kicked it into touch, because he said that it “all depended”. With all the blunt directness that I have come to love in the people of Cumbria, all I can say is, “Come off it”. If these forests belong to us and if we have expressed such a degree of concern, we do not want to find ourselves going down a road along which, through the back door, exactly what we have expressed ourselves as against is accomplished over a period of years. From that standpoint, we need a categorical assurance from the Government that this is not a back door to achieving the short cut that they were introducing in this Bill. On the 15 per cent issue, I hope that my noble friend Lord Clark will forgive my saying that there was a good deal of anxiety among those who were protesting about what had happened already. In a sense this is not a partisan point but one that stretches across the whole issue of the administration of the forests.
I thank my noble friend for moving the amendment. I say to the noble Lord opposite that it is time to take the message of the British people and build strongly on that—and not immediately, on day one, to start back-pedalling. The Minister referred to the importance of his advisory panel. Yes, I understand the business executive, streamlined modern management talk, which says that we must have a small, concentrated group of specialist people who will conduct this. Of course, you cannot dismiss that, because it is a very responsible job to administer the amount of forest that is there to be administered. But in the spirit of what the British people have just done and said, it will be crucial that the advisory panel is representative and is one with which the people can identify, so that it is seen transparently to bring together the different interests and communities among those who support the forests and were so aghast at what was proposed. There is a balance to be struck between business efficiency, on which the arguments of course must be taken seriously, and the job of carrying the public with whatever is proposed by seeing that it comes from a representative body with which they can identify. I am glad to be able to support the amendment.
My Lords, I, too, am grateful to the noble Lords, Lord Taylor and Lord Henley, for what they have said this afternoon, because it means that there will be no need for me to move Amendment 47A relating to the Forest of Dean. As noble Lords are aware, there was particular anxiety and anger in the Forest of Dean, which falls within my diocese of Gloucester, at the proposals to legislate in regard to forestry without regard for the special status of the Forest of Dean recognised in earlier legislation. The Government have wisely withdrawn all the clauses relating to forestry. When they return with some new and different proposals relating to the future of the forests, of which we have had some hints already, I hope they will at that point recognise that when people speak of the Forest of Dean, they are not talking about a collection of trees, but about a series of communities with a common sense of identity. People call themselves foresters simply because the Forest of Dean is where they live, and their sense of identity comes more from the forest than from the particular towns, villages or hamlets that are part of it. To talk about changes in ownership with even the smallest possibility of withdrawal of access or unwelcome development is to provoke a deep emotional response in people who have, in many cases, inhabited the forest for many generations—that quite apart from the more general issues of the ownership and stewardship of the forests on which the Government have wisely changed their mind. So I am grateful to the Government for withdrawing the clauses that they have, rendering my amendment obsolete. I can assure your Lordships that the people of the Forest of Dean are both relieved and elated by the sense that they have seen off a particularly ill-thought-through policy.
My Lords, it might be helpful if I answer some of the points raised before the noble Lord, Lord Clark of Windermere, speaks to his amendment, for which the Government have said that they have sympathy and which I understand the House is likely to accept.
There are a number of points, but the first and probably the most important is to reassure the noble Baroness, Lady Royall, that the Forestry Commission will not appear in any other schedule. It is not in Schedule 7—that schedule is coming out; it is not in Schedule 1, which we are coming to the end of; and it is not in Schedules 2, 3, 4, 5 or 6. It is dead. It is out of the Bill. We have not dealt with the amendments relating to Wales but no doubt these can be discussed, preferably by someone other than me, when we reach that stage of the Bill. I make it clear to the noble Baroness that forestry policy in Wales is a devolved matter. She will know that Wales has just gone through a referendum on extending its powers, so these matters are even more important. The House will consider in due course the clauses relating specifically to Welsh bodies. There are references to forestry in those clauses but the policy aim is linked to the Welsh Assembly Government’s proposals on restructuring the activities of the Environment Agency Wales, the Countryside Council for Wales and the Forestry Commission Wales to enable them to take a more integrated and sustainable view of environmental management based on an ecosystems approach. We can discuss that in greater detail when we get to it in the Bill.
The next point that I want to deal with is the advisory panel. I am not sure that I can say much more to noble Lords who have spoken about this. The noble Lord, Lord Judd, as always, wanted a much larger panel that included everyone possible. I happen to feel—and most people would agree—that a small manageable panel would be better, particularly as it will be given the remit to consult whomever it wishes and to set up sub-groups to ensure that all others are included. As I said, we have already received a large number of applications to join that panel and I think that everyone would agree that to take on everyone would be a mistake. We need a proper panel that is appropriately balanced and one that consults people properly. I also stress that the panel will be independent and will have an independent chairman, so I think that it is wrong when my noble friend Lord Greaves stresses that it must be for the Government to make sure that it consults people properly and that we get out information about what the panel is doing. It should be for the panel, which is independent, to get out what it is doing and to let people know how it is moving and in what direction it is moving. I am sure that the panel will do that with great expertise.
After quite a number of years in both Houses, I am weary of Ministers putting words into your mouth that were not in your mouth at the time at which you spoke. I did not argue for a vast representative body. I said that the Minister had a real task to balance business efficiency against transparency and credibility. I am sure that he will understand that there has been deep misunderstanding and deep anxiety among the public about what has been afoot. If this panel is to carry conviction, it must somehow have people on it whom the wider public can identify with and feel are representative of their anxieties.
I could not agree more with the noble Lord, other than that I believe that a smaller—I am not going to suggest a figure, as I think that it would be wrong to get into figures at this stage—manageable panel under an independent chairman is the best way forward. I apologise if the noble Lord felt that I had put words into his mouth. I appreciate that I have probably done that in the past and I will probably do it again in the future. However, I got the impression that he was pushing for bringing everyone in. The danger when a great many people want to be on something is that, if you do not make it clear right from the start that you want a small and appropriately focused committee, you end up giving in to every possible demand and you end up with something that is unwieldy and unfocused and cannot do the job. This panel will have the right to set up sub-groups or sub-committees—whatever you call them—so that it can consult. We want to make sure that it talks to all those who have put in their views.
That is why it is also very important that we have an appropriately independent chair. I am grateful for questions that I have received on this from the noble Lord, Lord Rooker, and others about how that will be done. All I can say at this stage is that the independent chairman will be appointed by the Secretary of State after consultation. As we want this to report by the autumn, we want to move on relatively speedily. I am sure that whomever we appoint, the noble Lord, Lord Rooker, who is smiling at this stage, will accept that we have appointed the right person, because he always does in the end when we find the right person. I am sure that he is not putting himself forward for this job. He will accept that we will find the right person in due course. It will be an independent panel under an independent chair.
That brings me on to the other comments that the noble Lord, Lord Rooker, made. As a former Member for a Birmingham seat, he raised the question of motorsport and its use of the forests. He was right to do that because it is important that we remember that there are diverse users of all the forests. Forests are not just there for growing timber, even though that is very important. Forests are also there for people who want to walk, to ride or to drive and for those involved in motorsports. They are also very important for biodiversity. In my own part of the world, up in Kielder, the forest is important for the few surviving red squirrels that we have in this country. There are a whole host of different uses that conflict with one another, which means that any decision about access has to take into account biodiversity interests. I imagine that not all of those who are keen on walking in the forests are that keen on some of the motorsports going on. We have to balance those issues. I am sure that the noble Lord will accept that. It is one of the things that we will make sure is done in due course.
Both right reverend Prelates referred to the Forest of Dean and the fact that it is a special case. I accept that the Forest of Dean is a special case. It was made a special case in law as a result of the 1981 Act, if not before. Actually the Forest of Dean and the New Forest have been special cases—I cannot say for how long, so I had probably better use this legal term—“since time immemorial”. It goes back that far. The odd thing about the Forest of Dean and the New Forest is that, as I understand it, they were originally part of the Crown Estate and then for some reason—why they but not others I do not know—became part of the Forestry Commission. The simple fact is that they are now part of the Forestry Commission and not part of the Crown Estate. That is where we are. Another public forest, Epping Forest, has gone into the ownership and management of the City of London. The Forestry Commission is not necessarily the only public body that can look after public forests in the best way. Epping Forest is not the only exception to that, but I accept that it is a special case.
That brings me to the planning issues raised by my noble friend Lady Williams and the noble Lord, Lord Knight of Weymouth. Yes, we are aware that there will be changes as a result of the Localism Bill. We can give assurances, as my right honourable friend Greg Clark has done, that protection for ancient woodland in the existing planning guidance will be carried over into the national policy framework. All that will be done, but we also feel that, as a result of the Localism Bill, it is important, as my noble friend Lady Williams put it, that local communities should have a right to have some input into what is going on in the forests or small woodlands in their area.
I want to touch on one or two other points. The noble Lord, Lord Foulkes, talked about jobs. I must make it quite clear to the noble Lord and his party that the Forestry Commission, like a lot of other public bodies, including public bodies within Defra, will have to take its cuts and reductions as a result of the mess that we inherited. It is no different from any other body. The change of tack that we have indicated on forests does not necessarily mean any change of policy in what the Forestry Commission does in terms of its staff. That is a matter for the Forestry Commission to manage.