Forestry Commission

Lord Scott of Foscote Excerpts

Wednesday 2nd February 2011 Lords Chamber

[Lord Henley]

My Lords, I am very grateful to the noble and gallant Lord for mentioning our ancient woodlands and heritage forests. What we are setting out in relation to, for example, the New Forest and the Forest of Dean, is the idea that they should be taken over by charities. We are thinking of something possibly along the lines of what we have proposed for the British Waterways Board, where we have provided the money for it, in effect, to be mutualised. We are looking also at the charities option. All these options are laid out in the consultation document. I would advise the noble and gallant Lord to study it and produce his responses in due course, but I can offer a guarantee that our ancient woodlands will be protected appropriately—that is what we want. We are looking to realise assets on commercial forestry in places such as Kielder.

[Lord Scott of Foscote]

My Lords—

[Lord Greaves]

My Lords, the comprehensive spending review put forward proposals to sell 15 per cent of the forestry estate within the next four years. As that is possible under existing legislation, what is the rush to legislate for forestry in the Public Bodies Bill? Why does it have to take place now rather than at greater leisure in the next Defra Bill that comes along?

--- Later in debate ---

[Lord Henley]

As the noble Baroness will be aware, it is commercial woodland on an area that used to be open moorland. She and I know that part of the country very well. It is now covered in what people refer to as serried ranks of conifers and should be treated as commercial woodland. The important point is that the manner by which we propose to realise assets from it will mean that we can protect various areas. The sales conducted by the previous Government of some 25,000 acres were made without any protection whatever.

[Lord Scott of Foscote]

My Lords—

[Lord Naseby]

My Lords—

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, we ought to hear from the noble and learned Lord, Lord Scott.

[Lord Scott of Foscote]

My Lords, is there any reason why, before any sale, the Forestry Commission should not create a public right of way over many of the paths in each and every piece of freehold woodland, which would be enforceable against purchasers and would persist as do all other public rights of way?

[Lord Henley]

My Lords, that would be possible on freehold land. We believe that by leasing land rather than selling it as freehold, one can impose greater conditions and ones that are easier to enforce. As a much greater lawyer than me, the noble and learned Lord will know that covenants imposed when land is sold are easily avoided when it moves on to a subsequent owner.