Levelling-up and Regeneration Bill

Baroness Scott of Needham Market Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Baroness Scott of Needham Market (LD)]

My Lords, I wish to focus my remarks on what I regard as the crucial role played by parish and town councils throughout England—one which, I suggest, is essential if the aspirations of the White Paper and this Bill are to be met. I declare my interest as president of the National Association of Local Councils, which supports England’s 10,000 local councils, covering everything from my own tiny parish and its precept of a few thousand pounds to some of our largest towns with budgets of many millions.

Local councils represent an existing, sustainable and accountable model of community leadership and service delivery. Crucially, they help to create that spirit of place which is so essential in building well-being and a strong civic society. They provide parks and open spaces, facilitate street markets, support high streets and organise community events. Part of their strength is that they are close to the people, but they are also part of the important fabric of the local area, alongside community groups, faith groups and voluntary organisations. Working alongside those partners, they are increasingly innovating in areas such as local climate change action, tackling loneliness and dealing with the cost-of-living crisis.

It is in the area of housing—neighbourhood plans led by local councils, with the full involvement of residents—that local councils have proved themselves more than capable of adding to the stock, rather than diminishing it. I pay tribute to my noble friend Lord Stunell for introducing this. There were people who said, “Well, they’ll all just say no to everything”, but they do not. When local people have buy-in, we end up with more housing rather than less. In the last decade, 3,000 neighbourhood plans have been made; 1,300 referenda came about as part of that, and 88% of people voted yes. However, neighbourhood plans are not available in unparished areas, and it is fair to say that the attitude of the principal authorities is not always supportive. This Bill could contain measures to help deal with some of that, but it also contains some measures—we will return to this in Committee—which could adversely impact on the way neighbourhood plans are currently running.

True devolution is not just about passing a bit of power down one level. The framework set out in the Bill says nothing about onward devolution; therefore, there is very little in it about devolution to local and community councils. The White Paper contained a commitment to carry out a review of neighbourhood governance. It is a shame that we have not yet had that, because the measures needed could have been part of this Bill. Can the Minister say when this review might take place? I ask her, please, not to say, “in due course”, because I have been told that about four times in Written Questions. The UK Social Fabric Index shows that areas with full coverage of local councils score higher in measures of community strength than those without.

There are significant and sometimes ridiculous limitations on the financial powers of local councils, which are excluded from a whole raft of government funding streams. The result is either that a local area does not bid at all, or that it has to set up a whole new organisation and paraphernalia in order to bid and then run it. Reform is needed on this and in other areas, including extending the power of general competence, rights over community assets, clarity on funding for church halls, and parity with the rest of local government in order to be able to pay a carer’s allowance.

The sector made good use of remote meetings, which were forced on all of us during the pandemic. There is lots of evidence to show how engagement—both people joining the council and people joining in with council meetings—increased during that time, so we would like to see that brought back.

The Bill provides a really good opportunity for local councils to build on what is already an impressive record and to play their part in rebuilding and regenerating the social, as well as the economic, fabric of their areas. They do so with very little support and training. They do the best they can with what they have, but it would be good to see local councils have parity with principal councils when it comes to government funding. I know that the Minister has a good track record of working with the town and parish council sector, so I hope she will use the passage of the Bill to make some improvements and enable it to motor.

Levelling-up and Regeneration Bill

Baroness Scott of Needham Market Excerpts

Committee stage
Monday 13th March 2023 Lords Chamber

[Lord Foster of Bath (LD)]

My Lords, in moving Amendment 70 I am extremely conscious that it is a probing amendment to look at one aspect of the Government’s thinking on the creation and operation of CCAs. However, in many ways it is also a paving amendment for many of the other amendments in this group. Clause 8 confers on the Secretary of State, subject to the consent of the constituent parts of the proposed CCA, numerous powers in relation to it, ranging from membership and voting powers to the appointment and function of an executive of the CCA. It also covers the overview and scrutiny arrangements as well as the appointment of a mayor, where relevant, and of non-constituent and associate members. So it is very wide-ranging and to some extent, the amendments in this group touch on many of those issues.

It is important to begin by making it clear that, for we on these Benches, at least one issue is really important. Given their crucial role, not least in planning and economic development, we believe that district councils should be full members of any CCA. We have already moved amendments to that effect, as have other noble Lords, and we will continue to do so at later stages of the Bill. I note that, in Amendment 81 in this group, my noble friend Lady Scott of Needham Market and the noble Earl, Lord Lytton, are also proposing a role for parish councils.

We have also been clear that the voting membership of a decision-making body such as a CCA should comprise only those who have been elected to it or one of the constituent organisations that makes it up. In simple terms, we believe that those who have to abide by a law or decision should have some say in deciding who makes those decisions; I certainly believe that that should be true of a second Chamber of this Parliament. For those reasons and many others, as my noble friend Lady Scott will no doubt discuss in a few minutes, we oppose the appointment of non-constituent and associate members to a CCA. We certainly feel, as expressed in Amendments 155 and 156 from my noble friend Lord Shipley, that if they are put in place, these unelected CCA members should not have a vote.

Even if we reach agreement on who should be constituent members of a CCA, there remains the crucial question of what the voting arrangements should be. As I mentioned in an earlier debate, I appreciate the concern that if, for example, district councils are allowed to become constituent members of a CCA, they could, because of their number, always outvote the other constituent members and, in effect, have a veto. It is therefore important that we are clear about how the voting arrangements will be made. Incidentally, I entirely accept that my probing Amendment 70 could lead to that very problem of district councils having a veto.

The Minister has already made it clear that the Government intend to allow CCAs to determine their own arrangements where possible. We broadly agree with this approach, but surely we need to be clear whether that freedom will extend totally to, for example, voting arrangements, without any restrictions on local decision-making. After all, subsection (2)(b) of Clause 8, which refers to the Secretary of State’s power to make regulations, states that regulations may—so it is possible for the Secretary of State to do this—cover

“the voting powers of members of the CCA (including provision for different weight to be given to the vote of different descriptions of member)”.

Like my noble friend Lord Stunell, who will go into more detail on this at a later stage, we are concerned that, for example, setting aside a requirement that the CCA need not be constructed in accordance with the balance of political representation among the constituent members could lead to serious problems with its voting on the issues on which it makes decisions. Not limiting the number of associate members—who could, as we have heard, be given a vote—as per the current arrangement could also have a significant impact on the voting decisions of the CCA.

I am absolutely clear that while we support the Government’s principal intention of ensuring that decisions on these matters are made by the CCA itself, we need to be very clear what freedoms it will really have and what the implications of Clause 8(2)(b) really mean. No doubt, that clarity will come when the Minister winds up. I beg to move.

[Baroness Scott of Needham Market (LD)]

My Lords, I wish to speak to Amendment 81, which is the first of a number of amendments I have tabled that relate to the powers and duties of town and parish councils. In doing so, I declare an interest as the president of the National Association of Local Councils. These councils are well understood, well established and are a serious part of the fabric of local government. In some cases that is by virtue of size—they spend significant amounts of money—but in others it is about the role they play as, if you like, a convener of local interests, creating that sense of place which we know is so important in any venture that we might call levelling up.

When you talk to Governments of any persuasion and their Ministers, they always say nice things about this sector. They always say that it is very important and does great work, but when the legislation is drafted and the cheques are written, it always feels as though it is at the back of the queue. This is an example of new structures being created that, arguably, are to some extent devolutionary, but there is no mechanism for onward devolution to the town and parish council sector. So, this amendment simply argues that when it comes to the overview and scrutiny arrangements for the combined county authorities, there ought, as of right, to be a requirement for some involvement of this sector, perhaps through the county associations. Having this tier of local government represented would actually strengthen the overview and scrutiny function overall, and it would certainly strengthen the sector.

Levelling-up and Regeneration Bill

Baroness Scott of Needham Market Excerpts

Committee stage
Wednesday 15th March 2023 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendments 158 and 310. Obviously Amendment 310 is more limited so I see it as a fallback, but I honestly cannot see any reason for the Government not to accept Amendment 158.

Covid obviously provided us with a lot of challenges, one of which was how to keep things going and how society and, for example, your Lordships’ House could still function. At the time, I thought that your Lordships’ House managed better than the other place. We were quicker to put in remote systems for voting and participating, which I thought was a huge advance in the methods that we used for debates and to create legislation.

I actually did not know that councils cannot meet virtually any more and think it is a terrible shame. I have been a councillor and it is really hard work. Going to council meetings on a cold wet night in November, December, January or February can be an extra challenge. Quite honestly, why on earth would we not do this? Virtual council meetings—and virtual meetings of your Lordships’ House—worked extremely well. We all found that we could work the mute button, although some have gone backwards on that. We still allow noble Lords to engage virtually, so it is logical for councillors.

Work has changed because of Covid. More people are working remotely and not going into the office as much. One of my daughters, although she has a full-time job, goes into the office only two days a week now. My partner goes into his office one day a month and my other daughter goes into her office once every two months. Even so, they all work extremely well and efficiently. I do not understand this regressive move.

There have been other regressive moves here. I loathe how we still start in the afternoons, even though we started earlier during Covid. It is easy to slip back into bad, old habits instead of taking new ideas forward and engaging in the best way possible. I hope that the Government see sense on this and, as is suggested, bring their own amendment forward. We would all support it.

[Baroness Scott of Needham Market (LD)]

My Lords, I declare an interest as the president of the National Association of Local Councils. I added my name to this because NALC is very firmly of the view that there were huge benefits, which I will talk about in a moment, to virtual meetings during the pandemic. Councils were very sorry to lose them when the regulations expired in May 2021. As the noble Lord, Lord Lansley, mentioned, there is evidence of more participation by council members in virtual meetings but, for me and members of NALC, the really telling thing was the increased participation of members of the public. At the end of the day, that must be the most important thing; there was more engagement and transparency because people could more easily engage.

There were other benefits as well. One that I feel particularly strongly about—I have heard some powerful testimony from parish and town council members on this—was to those who have now had to give up because they cannot find childcare or because their partners need care and they simply cannot get out. It cannot be right that this whole group of people are being excluded from an activity that they love to do and at which they are probably very good. Virtual meetings could really help them.

I will make two other brief points. First, when I was a county councillor, I tried to get around my parishes but I had 12 of them—I had colleagues who had 23 or 26. It is not just county councillors; there are the district councils and people from the police and from health. They want to get around and meet town and parish councils, but it is very difficult. Virtual meetings provide a great way for people like that to engage with their local councils. It really makes it more straightforward.

Secondly, I return to the point from the noble Lord, Lord Lansley, about this call for evidence. It took place between March and June 2021, when the regulations expired. In February, Lawyers in Local Government and the Association of Democratic Services Officers submitted a freedom of information request to ask exactly what had happened to the consultation responses. I will read the reply:

“We believe that releasing this information at this stage serves no particular public interest and is outweighed by the level of burden imposed on the Department in processing your request. The Government does intend to respond to the call for evidence, and when we do, that response will include a summary of the responses received. We are therefore not obliged to consider your request any further.”


Can the noble Baroness say—oh, it is the noble Earl; bad luck—why, after two years, this has still not been done? Does the Minister believe that this is a fair way to treat the 4,370 people and organisations that submitted evidence in good faith only to find that it has in effect been shelved?

Given that legislation is required to make this change—what lunacy that we live in a country where you need legislation to allow councils to choose how they should meet—this Bill would have been perfect for it, yet the consultation responses are still gathering dust on a shelf somewhere. Can the Minister say when he believes these will be dealt with? Can we have this in time for Report, given that we will have Easter in the middle, and some movement on it when we come to Report?

Levelling-up and Regeneration Bill

Baroness Scott of Needham Market Excerpts

Committee stage
Wednesday 15th March 2023 Lords Chamber

Moved by

[Baroness Scott of Needham Market]

159: After Clause 70, insert the following new Clause—
“Councillor conduct: suspension of a parish councillor(1) The monitoring officer of a local authority in England may suspend a parish councillor where that monitoring officer has determined through an investigation that the parish councillor has breached the parish council’s code of conduct.(2) In subsection (1) a “local authority” is defined as being a—(a) district council;(b) unitary council;(c) London borough council;(d) metropolitan borough council.”Member's explanatory statement
This new Clause would introduce a new sanction of suspension to the ethical standards regime which applies to parish councils in England.

[Baroness Scott of Needham Market (LD)]

My Lords, I have six amendments in the group that we have reached and they are each different in nature. While I will be as economical with my words as possible, I need to make a brief case for each of them. Collectively, they are to do with strengthening the position of town and parish councils which, we have all agreed, play an important part in our local government system. I again put on the record my interest as president of the National Association of Local Councils.

First, Amendment 159 deals with councillor conduct and the suspension of a councillor. At this level, it is true that most parish councils are very well run. The clerks, council staff and councillors all work together very well and maintain high standards of conduct. But, sometimes, the impact of poor and disruptive behaviour by councillors, clerks and, occasionally, residents can overshadow proceedings and communities and make civic life very difficult indeed. We are concerned here with a small minority of councillors who engage in unacceptable behaviour such as harassment and bullying, including racist, sexist and ableist abuse. Such activities would be grounds for suspension and dismissal if they were in an employment setting, which is why NALC is arguing for stronger sanctions than the current ones.

The Committee on Standards in Public Life published a review in 2019 which made a number of recommendations to strengthen the current standards and conduct frame- work and the safeguards that apply to it. It argued that the sanctions currently available to local authorities are insufficient and that this lack of robust sanctions damages public confidence in the standards system and leaves local authorities with no means of enforcing lower-level sanctions or addressing serious or repeated misconduct.

Amendment 160 is on the position of those with caring responsibilities. Again, we can agree that it is essential that councils of all levels contain representatives from a wide range of circumstances and backgrounds. Underrepresentation of certain groups is very bad for democracy. NALC has carried out research that identified that an important barrier to achieving this wider representation is lack of help with the costs of dependant care. Unlike every other councillor in England and Wales, members of a parish council are specifically precluded from being able to access help with dependant care. I hope that, if the Government are setting their face against virtual meetings, they will consider the impact on this group and perhaps agree to changing the allowances situation.

Amendment 161 is around the governance review, which was a commitment in the White Paper to launch a review of neighbourhood governance in England to look at how it could be made easier for local people and community groups to come together to set local priorities and shape the future of their neighbourhoods. The review would also look at the role and functions of parish councils and, crucially, at how to make parish councils quicker and easier to establish.

Communities covering two-thirds of England’s population are being left behind in taking this community- led action because they do not have a parish council. Onward’s social fabric index shows that areas with full coverage of local councils score significantly higher than those without local councils in all the key measures of community strength. We heard earlier this evening about the considerable success of neighbourhood plans in delivering more houses rather than fewer. Partly as a result of that, in the past decade more than 300 places have created new councils in response to community demand, yet barriers still exist, which are partly lack of awareness by communities that they could have a local council, lack of support, a process which is very complicated and the attitude of some principal councils, which can be quite resistant. The Government are yet to publish any further details or timescales for taking the White Paper forward. It is a real pity that this Bill is again missing that opportunity.

Amendment 162 relates to the power to pay grants. Neither the levelling-up White Paper nor the Bill includes any reference to funding for the 10,000 parish councils in England. These councils do not currently receive government funding. Their services and activities are almost entirely funded by their small share of council tax. They do not receive revenue support grant or a share of the business rate and, despite the growing role of parish councillors in responding to the social, economic and environmental needs of their communities, they are not eligible in their own right for any of the government growth funds, such as community renewal, levelling-up, the towns fund or the UK shared prosperity fund. They are also excluded from the community ownership fund.

I agree with my colleagues, and I share the distaste for this handing out of money through central pots but, if that is the way it is going to be done, then it seems very unfair and counterproductive to exclude parish councils. They are not going to be able to play the full role they can in levelling up if they are simply funded by local residents. There are other opportunities coming up in which parish and town councils would like to participate, for example, a net-zero trail-blazer or—heaven forefend—any more national emergencies or the delivery of government priorities. This amendment would level up the list of local authorities in England to which Ministers of the Crown could pay a grant. It would provide Ministers with an additional power and flexibility and not be a requirement.

My penultimate amendment, Amendment 163, is around clarification of the legal power of parish councils to fund repairs to local churches. I will not dwell too long on this because there is Amendment 485 later in the Bill, tabled by the noble Lord, Lord Cormack, and others. The fundamental problem is that parishes which wish to fund local churches now find themselves with a grey area of the law. Section 8 of the Local Government Act 1894 says that parish councils cannot give funding to ecclesiastical charities, but Section 137 of the Local Government Act 1972 says that they can. This amendment is not saying that they should be giving grants—it is neutral on that—it is simply that parishes which might want to give a grant are deterred because the law is unclear. I should make it clear that it is not always a church building. In my parish, for example, we have no community room. The only building we have is the church room, and that is really our community centre, but the parish council does not feel it can give a grant. The advice that NALC gives to its members is that the accepted legal principle is that, when interpreting an Act of Parliament, a specific provision overrides a general one. I have a lot of detail about the legal provisions—which noble Lords will be pleased to hear I will not go into—but they certainly need to be clarified. That was held out in 2017 by The Taylor Review: Sustainability of English Churches and Cathedrals, which confirmed this confusion needs to be cleared up.

The Minister wrote to us a few weeks ago on this matter, and her letter essentially said that this would need to be taken up with the courts. I respectfully suggest that if Parliament has legislated in ways that are contradictory, it really should be for Parliament to sort it out, not the courts. In practical terms, it is absurd to think that parish councils will voluntarily take themselves to court. This is an appeal for clarity.

--- Later in debate ---

[Baroness Scott of Needham Market (LD)]

My Lords, I thank everyone who has spoken in the debate today, and I am particularly grateful to both Front Benches on this side for their support—and particular thanks go to the noble Lord, Lord Blunkett, for having the courage to stand up and admit that he was wrong. For a brief moment, when the Minister started to say such warm and wonderful things about the town and parish council sector, my hopes started to rise—but they were sadly and very quickly dashed.

I am bitterly disappointed about the carer’s allowance. Having set their face against allowing virtual meetings, it feels particularly cruel for the Government not to allow town and parish councils to make a decision for themselves as to whether they would like to pay a dependant carer’s allowance. That feels to me quite petty and rather indicative of a mindset that says, “We want to try and devolve, but actually not really if you’re going to do something we don’t like”.

The governance review will be welcome if it takes place in the next year, but we have been waiting a long time for this. It was promised in the White Paper, and it is again disappointing that we will have to go through this process—and then, if there is legislation, they will have to find time for another Bill. It is such a pity that this opportunity was lost.

Finally, on being able to bid for grants, I gently remind the Minister that there are many large town councils that are significantly bigger than district councils, and they are getting grants while the towns are not. So the idea that there are too many of them and they are all too small really does not hold. With that, I beg leave to withdraw the amendment.

Amendment 159 withdrawn.

Levelling-up and Regeneration Bill

Baroness Scott of Needham Market Excerpts

Committee stage
Thursday 18th May 2023 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Hodgson of Astley Abbotts, and to continue the trend of the afternoon of unusual coalitions across your Lordships’ House after my noble friend Lady Jones agreed fervently with the noble Viscount, Lord Trenchard, on the last group. I entirely agree with everything that the noble Lord just said. I also very much agree with the two initial speeches in this group on Amendment 387, to which the Green group would have added our backing if there had been space. In the interests of clarity and making progress, I will constrain myself to speaking to four amendments: Amendments 467H to 467J in the name of my noble friend Lady Jones of Moulsecoomb —she unfortunately cannot be in your Lordships’ House because she has had to dash off to an emergency dental appointment; I think that we all feel her pain—and my own Amendment 480.

I have a slight structural problem in that those first three are amendments to government Amendment 467G, so I shall try to explain the situation—I hope the Minister will forgive me if I cross over some ground on the government amendment as well—and then briefly set out the details. The background is that maps of access land show people where they are allowed to exercise their current very limited right to roam in England. Public access to these areas of mountain, moor, heath and downland are mapped according to criteria drawn up by Natural England. These maps were published in 2004. The Countryside and Rights of Way Act requires them to be reviewed every 10 years, so this review should have happened in 2014. Then—we are back to the issue of deadlines—the Government extended that deadline by another 10 years and are now seeking to extend it to a full 25 years after the maps were first produced. The first maps took only four years to produce, so why is there this delay in updating them, especially in the light of the Government’s commitment to ensure that everyone lives within 15 minutes walking distance of a green or blue space?

The Government admitted in the other place that

“not all downland was mapped satisfactorily”.

This concession proves what organisations such as the Ramblers have said for a long time: there are areas of the countryside where people should and do have the legal right to roam but are wrongly prohibited from exercising that right because of the failure of the maps. The organisations that have been working on this issue have extensive lists of mapping errors and omissions, many of which have been recognised by Natural England but cannot be corrected until the mapping review takes place. Examples of this span from Cumbria to Northumberland, Somerset to Sussex.

Another failure in the current maps is that there are access islands, where the public have a legal right to roam but no legal means to access the land. Unless you can parasail yourself down into it, there is no way of getting there. These valuable recreation spaces could be opened up and connected to the access network. One example is Letcombe Bassett in Oxfordshire. The mapping review could also open up more downland, particularly in southern and eastern England, which has much less right to roam than upland areas. For example, only 0.6% of land in Kent has a right to roam, compared to 72% of the Peak District.

This mapping review might also open up access to waterways and woodlands, such as the majority of Forestry Commission land that has been voluntarily dedicated as open access land. This could open up access for a good half of the population who do not have it now. The need for a mapping review is clear, as it will give more people rights to access incredible nature sites. Given that it took only four years to do the original mapping, it is nonsense that it should take almost eight more years for the first review to be completed.

The government amendment seeks to remove the duty to conduct further reviews after this one—it will set things in stone when this final review is done and that is it. This looks like an exercise in the Government removing a statutory duty that they have continually failed to deliver, rather than having any real justification. These reviews should be regular and seek continual improvement, because there will of course be mistakes that are not recovered until after the next review. Noble Lords can read the details for themselves but, very briefly, Amendment 467H would allow five years instead of seven to complete the mapping review, Amendment 467J would allow extra rights for appeals and Amendment 467I would allow for a continuous review process. Those are the amendments in the name of my noble friend.

I come now to Amendment 480 in my name. It is interesting that it is very rare that the two Houses are talking about the same issue at the same time: my honourable friend Caroline Lucas had a debate today in the other place on the right of access to nature, which is fitting for these issues that people are very concerned about and which are very much at the forefront of the public’s mind. This Bill gives us the opportunity to address them.

My amendment is a “Let’s have a review” amendment. Noble Lords may say that this is a sign of your Lordships’ House modifying my instincts and making me look for a middle way, which goes entirely against my instincts. In September 2021, when we were debating what is now the Environment Act, I put down an amendment that said: “Let’s have a right to roam in England”. That is still where I want to go, but I am looking for others to back me and ways in which we might make progress in your Lordships’ House, so all this amendment does is say: “Let’s have a review in England about people’s right of access to nature”. Let us not forget that in Scotland, people have the right to roam over most of the countryside: not in front gardens or gardens, not in places growing crops or where you will do damage, but otherwise you can go where you will. By contrast, in England 1% of the population owns half the land—quite a few of them are very familiar to your Lordships’ House—and the other 99% have the right to roam on just 8% of the remainder. My noble friend’s earlier amendments would marginally improve that situation; this is looking for a really big improvement.

I will not talk at length, as I am aware of the time, but I have three quick points on the benefits we could all see from a right to roam. I was at an event this morning where the Rural Policy Group released its annual Sustainable Food report, and we were talking about citizen science, which the Minister was just praising in wrapping up the previous group. We were also talking about the internet of things; someone said how brilliant it would be if we could plant electronic sensors all over the countryside. Someone pointed out that we would have to really fix rural connectivity to the internet before this would go very far, but we could use those electronic sensors to map the numbers of dragonflies, certain birds or butterflies. Of course, if we had a right to roam, we could also have groups of citizen scientists roaming around the countryside doing that mapping for you at considerably lower cost and without all the issues around electronic technology.

Also on the Environment Act there was a great deal of discussion about litter. Much of the litter in the countryside is blown or washed there, and people exercising their right to roam can clean some of it up. Undoubtedly, the biggest argument of all is the issue of public well-being and public health. We know so much now about the need for public health to improve, and we know that the right of access to nature gives that improvement.

[Baroness Scott of Needham Market (LD)]

My Lords, I support and shall speak very briefly to Amendment 471 in the name of the noble Lord, Lord Hodgson. It is really important to recognise at the outset that his amendment is about one specific thing. It is not about the merits or otherwise of public access; it is about the future of the estimated 40,000 miles of historic public rights of way that were omitted from the definitive map in 1949 because the mapping was done in a great hurry. It is not about creating rights that have not previously existed; it is really important to recognise that.

I have form when it comes to public rights of way. For a decade, I chaired Suffolk County Council’s rights of way committee and have spent many happy hours looking at public map modifications and all the things that go along with that. These things are very time consuming, and there are a number of reasons why. One is the complexity of rights of way law. I do not think we are ever going to tackle that, because it would be really difficult to know where to begin; it has been built up over so many decades and centuries and it is a very complex area of law.

There is also the matter of the historical record and the time that needs to be spent going to the Public Record Office, looking at tithe maps and other documents and so on to get an understanding of whether something is or is not an historic public right of way. That is important because, in highway law, when something has once been a highway, it will always be a highway until there is a legal Act to stop it. There are some very lengthy statutory processes. All these add up to a huge demand on local authorities, which have less capacity than they did back in my day. Finally, there is the capacity of the Secretary of State and the appeals process. All these mean that every claim takes a long time to process.