Deregulation Bill

Debate between Bill Wiggin and Baroness Primarolo

Monday 23rd June 2014 Commons Chamber

[Bill Wiggin (North Herefordshire) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Dawn Primarolo)]

With this it will be convenient to discuss the following:

New clause 17—Presumed diversion of intrusive public rights of way in limited circumstances—

‘In section 119 of the Highways Act 1980, after subsection (6A), insert—

“(6B) Where a path or way passes through the curtilage of a residential dwelling including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises—

(a) subsections (6) and (6A) above shall not apply; and

(b) the Secretary of State or council shall confirm a public path diversion order unless he, or as the case may be, they are satisfied that the privacy, safety or security of the premises are not adversely affected by the existence or use of the path.

(6C) Where the premises have been unlawfully extended to encompass the path or way subsection (6B) above do not apply.

(6D) In exercising the powers under this section, the Secretary of State and the council shall have particular regard to the presumption that public rights of way or highways should not pass through the curtilage of residential premises including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises.”’

This new Clause will facilitate statutory guidance to allow for the diversion of rights of way that pass through domestic or business premises on the grounds of privacy, safety or security.

New clause 18—Presumed extinguishment of intrusive public rights of way in limited circumstances—

‘In section 118 of the Highways Act 1980, after subsection (6), insert—

“(6A) Where a path or way passes through the curtilage of a residential dwelling including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises a council shall make and the Secretary of State or the council shall confirm an order stopping up a path or way unless he, or as the case may be, they are satisfied that—

(a) the privacy, safety or security of the premises are not adversely affected by the existence or use of the path; or

(b) it is possible to divert the path or way such that the privacy, safety or security of the premises are not adversely affected by the existence or use of the path; or

(c) the path or way provides access to a vital local service or amenity not otherwise reasonably accessible.

(6B) In exercising the powers under this section, the Secretary of State and the council shall have particular regard to the presumption that public rights of way or highways should not pass through the curtilage of residential premises including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises.”’

This new Clause will facilitate statutory guidance to allow for the extinguishment of rights of way that pass through domestic or business premises on the grounds of privacy, safety or security if a diversion is not possible and the right of way does not provide access to a vital local service or amenity not otherwise accessible.

New clause 19—Presumed extinguishment of intrusive byways open to all traffic in limited circumstances—

‘In section 116 of the Highways Act 1980, after subsection (1), insert—

“(1A) Where a byway open to all traffic passes through the curtilage of a residential dwelling including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises it is presumed that diversion of the highway so that it does not so pass will make the path more commodious and that the highway is unnecessary unless the court is satisfied that—

(a) the privacy, safety or security of the premises are not adversely affected by the existence or use of the path; or

(b) the path or way provides access to a vital local service or amenity not otherwise reasonably accessible.

(1B) In exercising the powers under this section, the authority and the court shall have particular regard to the presumption that a byway open to all traffic should not pass through the curtilage of residential premises including the gardens and driveways of the premises, a working farmyard or forestry yard or other operational business or working industrial premises.

(1C) A “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used mainly for the purposes for which footpaths and bridleways are so used.”.’

This new Clause would create a presumption that byways open to all traffic should be diverted so as to not pass through residential or business premises unless the byway does not impact on the privacy, safety or security of the premises, or provides access to a vital local service or amenity not otherwise accessible.

[Bill Wiggin]

I draw the House’s attention to my entry in the Register of Members’ Financial Interests.

New clause 15 is all about safety. I want to see a fall in the number of deaths that take place every year as a result of rural accidents, as I am sure does every Member. I am passionate about the safety of those who use the countryside. My recent ten-minute rule Bill proposed greater detail in the recording of agricultural accidents. After discussions with the Health and Safety Executive, I am delighted that my proposals have been accepted. I must thank the Minister of State, Department for Work and Pensions, my right hon. Friend the Member for Hemel Hempstead (Mike Penning) for his support in discussions with the HSE.

I believe, however, that further measures are necessary. As a farmer, I am alarmed at the risks created by footpaths passing through fields or farmyards. A 21st-century farm is dangerous. Equipment is often operated at higher speeds, is incredibly heavy and has risky blind spots. Livestock can be unpredictable, territorial and easily provoked, for instance by a dog. The death of Roger Freeman, caused—or not—by a Brown Swiss bull in 2010, and the subsequent negligence trial, has brought the issue back into the public eye. To quote a letter from the Ramblers to me,

“The case has really highlighted the necessity to re-examine legislation around bulls being kept in fields with footpaths.”

Recently, I have been contacted by two constituents who have been unable to fulfil their role as parish footpath officers, for fear of their safety on local footpaths. My constituents report being chased from routes by dairy cows. They were particularly harassed when accompanied by a dog and describe the cattle as “extremely persistent and worrying.” Nobody—neither walkers nor farmers—should be placed in a position where their safety is at risk.

Equally, farmers cannot be placed in a position of responsibility for the safety of walkers among livestock. No farmer can say with complete confidence that their cattle would always be 100% safe, including if, for example, they had been stung by a wasp. Farmers are therefore incredibly vulnerable to claims of negligence in accidents where the only evidence is from the victim or hearsay. This pressure can foster resentment against those who use footpaths, creating an atmosphere of walkers versus farmers. Such a division can only be unhelpful. The priority for all must be safety.

Traditional rights of way cannot be held to be a greater priority than the safety of those using them. The risks are very real: 24 people have been killed by cattle in the past four years. We cannot continue to turn a blind eye to the issue. The right to walk in the countryside does not mean the right to die walking. We must therefore be flexible and allow alterations of rights of way to favour safer routes. Common sense on this issue must prevail.

I must also raise deep concerns about privacy and security in the countryside. One of the great pleasures of the British countryside is that it is free to be enjoyed by all. In this day and age, however, the access provided by footpaths is at odds with society’s fear of strangers. The privacy and security of a family home is something we treasure, yet both of those values must be sacrificed by those who have a footpath running through their home or garden. A footpath allows strangers to come on to their property and close to their family at any hour of the day or night. The feeling of security in one’s home is a luxury that most people take for granted. An Englishman’s home may be his castle, but for those with a footpath through their property, there is no security behind their walls.

The desire to protect one’s privacy and security is entirely legitimate and rational. It is natural to be wary of strangers. In January, the Intrusive Footpaths campaign undertook a survey of home owners’ experiences of footpaths. The results present a shocking picture. The IFC found that footpaths through private property have been the cause of two suicides, 12 nervous breakdowns and numerous cases of financially crippling disputes. Families affected in this way should be supported by appropriate legislation, not abandoned to cope with the consequences.

Badger Cull

Debate between Bill Wiggin and Baroness Primarolo

Thursday 13th March 2014 Commons Chamber

[Huw Irranca-Davies]

On a point of order, Madam Deputy Speaker. The hon. Gentleman has mentioned once again the IEP report and it might help the House to know that we now know, as I have had a response today, that the report is available and on the desk of the Secretary of State. May I ask through you whether the Minister and officials, through their good offices, could produce that immediately and put it in the Library? We still have time to look at it and consider it in the debate. That would help all Members.

[Madam Deputy Speaker (Dawn Primarolo)]

That is clearly not a matter for the Chair, but the Minister will have heard the hon. Gentleman’s point and, as he has said, there is plenty of time left in the debate at the moment.

[Bill Wiggin]

I am grateful to you for your judgment, Madam Deputy Speaker. Unlike the shadow Minister, I do not have access to the Secretary of State’s desk. Even if he has the report, I have not seen it and neither have my hon. Friends. Even if it is available today, we should have read it before we had the debate.

Let me return to the core of the debate, which is science and whether the Government have paid sufficient attention to the scientific detail and acted accordingly. It is wrong in every way to base an argument on a leaked report before its conclusions are in the public domain. Whatever our view, particularly if we are unsure about badger culling, we should take some comfort in knowing that before the Government roll out the policy across the country they test it with pilot schemes. Further comfort should be taken from the fact that they ensure that effectiveness and humaneness are the key factors that are tested.

We might find it hard to know without references from scientists whether a badger dies quickly or slowly when hit by a bullet. We might want to know whether the number of badgers culled is sufficient to prevent the spread of bovine TB. We cannot know these things unless the experts have published their reports, yet we are discussing the issue without the report. I can see the shadow Minister, the hon. Member for Ogmore (Huw Irranca-Davies), waving bits of paper at me, but I want the constituents we all represent to have the same information as everybody in this House when we comment on this.

Interest Rate Swap Derivatives

Debate between Bill Wiggin and Baroness Primarolo

Thursday 24th October 2013 Commons Chamber

[Bill Wiggin (North Herefordshire) (Con)]

I draw the attention of the House to my declaration in the Register of Members’ Financial Interests.

We have a problem at the moment with the Financial Conduct Authority. It has been given the remit to act and the banks have set aside the money, but not enough has been done, or is being done, to ease the burden on British business. I have been contacted by many of my constituents about the FCA, the banks and the progress being made. Last night, that progress was slammed by none other than the chief executive of the FCA. Giving a speech at the Mansion House, Martin Wheatley said that

“the industry is deceiving itself if it imagines that a total of 32 offers accepted, totalling £2 million, is adequate progress.”

That is an admission, by the head of the FCA, that progress has been pathetic. With that quote, Mr Wheatley appears to be passing the burden squarely on to the shoulders of the banks. It is as if the FCA, and its predecessor the Financial Services Authority, had not been involved in the delays that have led to such inadequate progress. The FCA has the remit and the authority to speed up that progress. It is inextricably linked to that progress and the entire situation. As one of my constituents put it to me, it appears from the outside as if the

“FCA is unwilling to discuss anything with a bank customer, the British Bankers Association represents only the bankers, and the Financial Ombudsman Service remains buried in PPI cases.”

One mis-selling case in my constituency concerns a residential home. Thankfully, the business is still operating, but two of its owner’s other businesses have not been so lucky. The owner was mis-sold an interest rate swap agreement—in this case a “vanilla swap”—but the FCA scheme has been too slow in offering redress. Another constituent came to me today because he felt he was targeted by HSBC and sold an interest rate product that was wholly wrong for him and his business, but very profitable for HSBC.

The campaign group Bully-Banks, which I am sure has contacted many Members here today, highlights the precarious financial situation of the many businesses affected. People are up at night worrying about their bank and whether they will receive redress. As Mr Wheatley admitted, only 32 businesses have agreed redress out of the many thousands of businesses affected. That is not good enough. The country and the Government are focused on business for our economic recovery. We all know that more businesses mean more people in work, but with the FCA redress scheme operating at a snail’s pace, there are many thousands of businesses that will not be making those investments that we want them to; they will not be expanding or hiring more staff, until they receive redress and these matters are finally concluded.

The FCA’s chief executive contends that the banks are to blame for the speed at which redress is being offered to affected companies. According to several ongoing cases in my constituency, the banks are also to blame for a lot more. One business run by a constituent has already ended up in administration. It changed banks from HSBC to Lloyds TSB and was then badly advised. It seems that these two banks feature in practically all of my casework. My constituent was advised to set up a factoring account, which then disrupted his business, drove away his customers and caused problems with his cash flow. This was a high street bank once again showing a serious error of judgment. It poorly advised a business owner in my constituency, which led to that business being driven into administration. In this case, the Financial Ombudsman Service protected the bank after an investigation owing to a lack of documentation.

In yet another case of a bank not operating as it should, constituents of mine, attempting to grow their free-range egg and cider business, in the face of weak product prices and rising expenditure, received a support loan from their bank, Lloyds. Despite my constituents’ winning several high-profile contracts, however, Lloyds started to put what has been labelled as “unrelenting pressure” on the business. The bank gave my constituents a deadline to repay their loan and advised them to find an alternative bank. It then refused to release the ownership documents that would have allowed my constituents to sell a parcel of land, which would have repaid their debt to Lloyds and allowed them to move banks.

The Connaught Income Fund might be familiar to the House. I know that a number of parliamentary colleagues are involved in this matter. It is yet another case where the FCA and its predecessor, the FSA, have failed to take appropriate action. The fund was originally promoted, based on an information memorandum, as being of low risk. That memorandum now appears fraudulent, but was the FSA negligent to allow the fund to continue to operate, particularly when it became apparent that the memorandum was fraudulent? Several investors in the fund have gone even further, claiming that the FSA deliberately withheld information from the police and downplayed the serious nature of the fraud.

I am sure that the Minister will want to send a clear message from the Government to the FCA. We need the FCA actively to work to sort out these messes and to speed up its efforts. We need it to listen to the complaints and take serious action backed by meaningful compensation or fines. If this is not possible, perhaps he will confirm what changes in the law are needed to make it so. Finance is complicated, but the FCA is supposed to be sufficiently expert to appreciate what is going on and then have the teeth and nerve to act. Any bank must prefer to follow the FCA instructions—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I apologise to the hon. Gentleman. I am listening so intently to every Member’s contribution that I forgot to look at the clock.

Summer Adjournment

Debate between Bill Wiggin and Baroness Primarolo

Tuesday 19th July 2011 Commons Chamber

[Bill Wiggin (North Herefordshire) (Con)]

I was privileged to be here earlier, and I congratulate the hon. Member for Inverclyde (Mr McKenzie) on his maiden speech.

I am sorry that the hon. Member for North West Durham (Pat Glass), who was due to speak, has not managed to get here, which is a great shame.

I shall deal with the speeches in the order in which they appear on the Order Paper—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I should inform the hon. Gentleman that the hon. Member for North West Durham (Pat Glass) withdrew and is not required to explain why.