Deregulation Bill

Debate between Lord Rooker and Baroness Byford

Tuesday 28th October 2014 Grand Committee

[Baroness Byford (Con)]

My Lords, I welcome the opportunity to speak to my amendments, which are linked with that proposed by my noble friend Lord Skelmersdale. I support his amendment, but it focuses on a narrower base than mine. I must first record my family farming interests and my membership of the CLA, and the fact that we have paths across our farm. The CLA still has concerns about the Bill.

I was sorry not to be available for Second Reading, although I read Hansard with great interest. I will not make a Second Reading speech, but wish to record my support for the aims of the Bill, which brings forward sensible and proportionate measures for improving the regulatory regime in the UK.

My Amendment 17 would require councils in England to have regard to any guidance given by the Secretary of State as to the exercise of their powers. Amendment 18 would replace existing Clause 25 and define the purposes in greater detail; namely, “preventing or reducing crime”, to which my noble friend referred, and,

“ensuring the safety of any persons … preventing damage to property … preventing the ingress or egress of animals; or … protecting the natural environment”.

The stakeholder working group on unrecorded public rights of way established by Natural England consisted of 15 people, representing path users, landowners, occupiers and, importantly, local authorities. Much consensus was achieved. The group’s work has been immensely important in the bringing forward of the proposals in the Bill, but one or two items on which there was agreement were not included.

As a result of this work, the Government produced guidance, which has been placed in the Library. However, the particular detail encompassed by my two amendments has not been included in the Bill. Why was this? I understand that the proposals were agreed by the stakeholder working group, which accepted that the guidance should be statutory so that authorities would have to take it into account in their decision-making process. However, I am not clear on that.

The view of the stakeholder working group was that rights of way are so complex that it is important to make them easier for everyone to understand. The complexity leads to different applications of the rules and different interpretations by local authorities. Guidance should be applied fairly, consistently and impartially, with the aim of making regulation less burdensome. Some might argue that my amendments increase burdens but I humbly suggest that a clearer direction should reduce costs and burdens. There would be less doubt because interpretation would be clearly stated in the Bill. I am also aware that some authorities are overwhelmed by the large number of outstanding claims with which they have to deal. We need to make it easier for their decision-making. I support my noble friend’s amendment.

[Lord Rooker]

My Lords, we did not spend a lot of time in the Joint Committee on this because we were not adding things to the Bill. We made recommendations relating to further clauses, which I will not go into. I have been a regular walker in the Lake District for the past 30 years. One of my greatest regrets is that I did not discover the Lake District until I was 45. However, I would never claim that enjoyment of the countryside and the open air, and walking in the Fells, entitles me to go through someone’s garden alongside their private home. There can be no justification for a walker, a person enjoying the country, making that claim. Because of the route that a path may take—sometimes they go through a private garden—you sometimes see a sign that asks walkers not to use a child’s swing and says that if they do, they do so at their own peril. There cannot be an argument to do that.

I was involved in a case about a path being moved. The cost of moving a path a small number of yards—or metres if we are in Europe—is enormous. I cannot see that that cost can justifiably be put on the owner. It is a public good to move a path. In some ways, I am sympathetic to the principle behind the amendment, although putting it in the Bill is asking for trouble. Perhaps we need another stakeholder working group. The one relating to this Bill was admirably chaired by Ray Anderson, who seems to have done an incredibly good job getting a consensus.

By and large, there is a case for change. The Government’s view should not be, “Oh well, this is on the landowner”. It is not quite like that, particularly when you are in the Fells, which is the only area I know in some detail but it may be different elsewhere. However, it does not alter the fact that things change as regards rights of way. A path can be diverted, and the joy of the countryside and the open air can be maintained. My view is that you cannot make a claim about the right to go through a person’s garden. I am not making that claim as a walker. My claim is to access to the countryside. Therefore, there should be movement on this issue but it would be best for it not to be in this Bill.