Deregulation Bill

Debate between Viscount Bridgeman and Lord Grantchester

Tuesday 28th October 2014 Grand Committee

[Viscount Bridgeman (Con)]

My Lords, I will be very brief. I support my noble friend Lord Bradshaw’s very comprehensive outline of the purpose of this amendment and I, too, express my regrets to the Committee that I was not able to be present at Second Reading. There is, of course, an element of farce, were this not a really serious matter, in that the precedent is claimed by the off-roaders that these green lanes in the past were open to horse-drawn vehicles. I find it very regrettable that some of the national park authorities, which of all bodies should be the basic guardians of this beautiful and threatened environment for which they are responsible, have not been universally helpful. There has been a wide disparity of co-operation across the local authorities. My noble friend indicated the difficulties that they face. There has certainly been a multiplicity of police and local authorities. It is interesting that one of the success stories is the Ridgeway where there is only one police authority, Thames Valley. In the past, there has been a knight in shining armour on that police authority—my noble friend himself.

The Minister has gone as far as he can in flashing exhibits to this Committee, but I know that he has received pictures of the appalling damage that is done on these green lanes. He made the point about traffic regulation orders, and a lot of authorities are very wary of instituting those for the reasons that he gave: the huge potential cost of defending against challenges.

I am very glad that the noble Lord, Lord Judd, raised the question of disabled access. There have been unfortunate cases where confrontations between groups of learning disabled people and motorcycles or 4x4s have turned violent. We have to remember that the 4x4 and motorcycle groups are very powerful and persuasive, and they do not always have the restraining and responsible influence of the Auto-Cycle Union, to which my noble friend Lord Jopling has referred. I support the working group. The Government’s apparent policy of reconvening these stakeholder groups, which have hitherto failed to reach agreement, is not helpful.

This is an opportunity that will not occur again. I have a feeling that this has been kicked into the long grass—possibly an unfortunate reference in this context, as the green lanes could probably do with a little more of that. However, this opportunity will not occur again for many years to come. It is a simple amendment to rectify unintended gaps in past legislation and I strongly hope that the Minister will give it some consideration.

[Lord Grantchester]

My Lords, the problems arising from recreational motor vehicles—4x4s and motorbikes—using green lanes, unsealed tracks and other classified county roads have become very serious. For today’s Committee I have received a large postbag of submissions highlighting the disruption to quiet enjoyment of the countryside, and indeed the destruction of the pathway that precludes any other use. The Green Lanes Protection Group, made up of some 20 organisations ranging all the way from the Lake District in Yorkshire through North Wales and the Brecon Beacons to Somerset and the South Downs, has provided evidential photographs of the damage, and this is supported by many green lane alliances and concerned individuals.

This is becoming a serious, pressing matter to sort out. We recognise this and, in expressing sympathy, urge the Government to commit to a way forward. However, I hesitate to prescribe how the Minister should approach this, as the amendment does when it says, for example, that within one year of the Bill’s enactment the Secretary of State must lay before Parliament the report that the amendment calls for.

Perhaps the Minister could say which body, and which process, might be the best way to respond. Would it be once again a stakeholder working group or a sub-committee of wider interest groups that could make recommendations? Legal changes introduced by the NERC Act 2006 have improved the situation by limiting claims for the recognition of additional BOATs and by giving traffic regulation order powers to national park authorities. In places, though, particularly in some national parks, the problems remain extensive and further legislation is most likely to be necessary, along with better enforcement. Any debates on this issue that arise in the context of the Deregulation Bill will be important in paving the way for future legislation.