Kew Gardens (Leases) (No. 3) Bill [Lords]

David Rutley Excerpts

3rd reading: House of Commons & Legislative Grand Committee: House of Commons
Wednesday 24th July 2019 Commons Chamber

[The Chairman]

With this it will be convenient to consider clause 2 stand part.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

Kew is a scientific institution of huge importance. As the global resource for knowledge of plant and fungal diversity, it plays a critical role in addressing the unprecedented scale and pace of threats facing the natural world, and indeed humanity, including the threat of climate change. It is fitting that our Secretary of State delivered his flagship environment speech last week at Kew. The fundamental purpose of the Bill is to help Kew to invest and support its vital mission in a way that also maintains and enhances this outstanding world heritage site.

The Bill amends restrictions on leases on the Crown land on Kew Gardens estate. Currently the Crown Lands Act 1702 limits leases at Kew to just 31 years; the clause amends those provisions, allowing leases up to 150 years, in line with provisions made for the Crown Estate in 1961. Clause 1(2) disapplies the 1702 Act in relation to leases granted under this Bill. The change will allow Kew to generate revenue to improve the quality of its estate and thereby to support its vital scientific mission and retain UNESCO world heritage site status. All proposals for granting long leases will be in line with Kew’s world heritage site management plan, and Clause 1(3) goes further on this point.

Clause 1(3), as amended in the other place, requires that before granting any lease the Secretary of State must be satisfied that the lease, and anything that the leaseholder is permitted to do with the property under the terms of the lease, would not have any adverse impact on the functions of the board of trustees, as set out under the National Heritage Act 1983. The Secretary of State must also be satisfied that the lease would have no adverse impact on the world heritage site status. The changes do not allow the sale of the freehold of Kew land. Furthermore, the Bill will not change the freehold position of the land, which remains with the Crown; it simply provides the ability to grant longer leases on the land.

Proposals for leases will be subject to scrutiny by Kew trustees and finally signed off by the Secretary of State. Proposals for the development of existing properties and new developments will require permission from the local planning authority advised by Historic England in consultation with local residents and other stakeholders, as well as the Kew trustees. That is unchanged from the existing governance processes.

Clause 2 is a standard provision. Subsection (1) sets out that the Bill extends to England and Wales only, this being the legal jurisdiction for property in Kew. However, the Bill applies only to Crown land at the Royal Botanic Gardens, Kew. Subsection (2) sets out the arrangements for the commencement of the Bill, two months following the day on which it is granted Royal Assent. Subsection (3) sets out the Bill’s short title once it has become an Act on Royal Assent. This provides the abridged title as opposed to the long title found in the preamble. The short title of this legislation will be the Kew Gardens (Leases) Act 2019. For the reasons I have set out, I urge that these clauses stand part of the Bill.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I am pleased to speak in support of this Bill. I will start by restating what my hon. Friend the Member for Stroud (Dr Drew) said on Second Reading—that Ministers can rest at ease, because the Opposition have no intention of dividing the House on this issue. Indeed, this is a Bill that we support and encourage the Government to get on with as fast as they can.

The Bill has been a long time in the making, with previous Bills started by the hon. Members for Richmond Park (Zac Goldsmith), the hon. Member for Bridgwater and West Somerset (Mr Liddell-Grainger) and Lord True. We are pleased that we have managed to come so far on this occasion, and we hope the Bill will pass all its remaining stages in the Commons today.

It is important to remember that the Bill goes back to the difficulties that Kew Gardens faced in 2014, when there was a potential funding crisis. The then director saw that Kew could lose up to 150 research staff, which would have been a tragedy given its international importance—not just for public access, but as the world’s most important research institution in the areas that Kew covers. The Select Committee on Science and Technology noted at the time that Kew had difficulties transitioning away from its pure state funding model to one where it is more self-sufficient.

Kew Gardens is not only an incredible tourist attraction but an international centre of expertise and something that this country should be very proud of. I remember my last visit to Kew Gardens; I was in awe of the natural diversity that thrives in that corner of green in this metropolis of hustle, bustle, concrete and steel. The seeds and samples at Kew are unique and preserve for the future a vital resource for scientists working on tracking biodiversity. The world’s largest herbaceous borders at Kew are also pretty incredible. I can only imagine the weeding and pruning that is required to keep Kew looking so inspirational and attractive. I sometimes struggle with my little garden in Plymouth, but this is on a very different scale indeed.

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[The Chairman]

The hon. Gentleman is now stretching things, so I am going to call the Minister to speak.

[David Rutley]

Thank you, Sir Lindsay. I have an important announcement to make to the Committee, on the back of the significant points that have just been made by the hon. Member for Glasgow North (Patrick Grady). I can confirm that, as he will see when he next visits Kew Gardens, there are goldfish there. I am glad that I can answer these important questions of the day that he raises.

I am grateful for the sincere co-operation of Members across the Committee, including the Opposition Front Benchers. The hon. Members for Stroud (Dr Drew) and for Plymouth, Sutton and Devonport (Luke Pollard) have asked some important questions, and I am grateful to them for their support. I will respond briefly to their points. The hon. Member for Plymouth, Sutton and Devonport mentioned the concerns that the Select Committee raised back in 2014-15. In 2015 Kew published its science strategy, “A Global Resource for Plant and Fungal Knowledge”, which set out clear research priorities, including research programmes. The delivery of those programmes was all subject to funding and progress has been made on many of those priorities. Kew will be refreshing its corporate strategy and its science strategy in 2020, and that work is well under way.

The hon. Gentleman asked where the extra funding would go. I can assure him that it will go to help underpin Kew’s core priorities and what it is seeking to accomplish, in England and more widely, not least in Scotland and the wider world. I can assure the hon. Member for Stroud that the funding does incorporate significant investment in digitising Kew’s herbarium collection, which is important to him and to all of us, because we want to ensure that it is conserved securely and made globally available. Importantly, it will be available online.

The funding will help Kew in its ambition to increase further its self-generated revenue and become more financially self-sufficient. I understand that it will not be used directly to reduce funding; this is to help it achieve its ambitions to grow its funding further. What is reassuring to hon. Members is that since 2009-10 we have seen the grant in aid funding from DEFRA increase from £28.6 million to £40.8 million, and at the same time—this is credit to the team at Kew—Kew’s self-generated income has increased from £20 million to £70 million. This is therefore part of an ambitious and much wider scheme to help move things forward.

The hon. Member for Plymouth, Sutton and Devonport was absolutely right to mention green spaces. Yes, they will be protected. The leases are around peripheral buildings at this stage and will not affect the core purpose. As I have said already, the funding will be used for the core purposes that are so vitally important for all that goes on at Kew.

The hon. Gentleman raised the issue of the entrance fee. The Natural History Museum and others are designated as national museums and are sponsored directly by the Department for Digital, Culture, Media and Sport, although they do get funding from special exhibitions. Kew is different, and the admission and membership fees there help to raise much-needed funds of £18 million. The broader discussion about how that would shape things is for some point in the future and is certainly not for this Bill. It is good to know that the board is making significant steps forward.

The other point the hon. Gentleman raised was about extra funding from DCMS and elsewhere. He may be aware that it already receives £3 million of official development assistance funding administered from the Department for Environment, Food and Rural Affairs. Those are important issues, and it is worth noting that there will be a visit in due course so that Members from Scotland and elsewhere can come and see all that Kew has to offer. We will talk more about that later on.

The Bill is not large, but its impact is significant. It will enable the release of value from land and property at Kew Gardens through a variety of commercial options, such as long leases for residential or office use. It will also reduce maintenance liabilities and running costs and enhance the site through restoration and ongoing maintenance. It will help Kew in its ambition to further increase its self-generated revenue and become more financially self-sufficient. For those reasons, I hope that the Committee will approve the Bill.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Consideration of Bill, not amended in the Legislative Grand Committee (England)

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[Patrick Grady]

The hon. Lady raises an important point. I do not intend to detain the House desperately long. I want to ensure that that debate can be had. It is particularly relevant, of course, to Members from England and Wales. We just had a procedure of the so-called English Parliament. This was what was supposed to happen as a result of the independence referendum and the reform of devolution, but it is patently failing, as she demonstrates. There are only two amendments, however, and I am speaking about the second, so her patience should not be tested for too much longer.

One of the key points is that the leases will raise money. That money will generate tax take, that tax take will go to the Treasury, and that money will eventually work its way into public expenditure, first through the UK consolidated fund, and then, presumably, some of it will end up in the Scottish consolidated fund through the Barnett formula. This has been the crux of our problem with the EVEL procedure from the very start—We do not see the full consequences and knock-on effects. That is why the amendment suggests that the Minister make an estimate or report on the sums expected to accrue to the Treasury as a result of any lease granted.

We were told when the EVEL procedure was introduced that we would be able to scrutinise all these things through the estimates process, but this is not the only time my hon. Friend the Member for Perth and North Perthshire has been called out of order and required by the Chair to resume his seat, because previously when he tried to talk about estimates, he was also ruled out of order and was unable to speak. There has been a small reform to the estimates process, which we have welcomed, but it is still not sufficient for us to have the kind of say we want. We cannot table meaningful amendments and the subjects and time available for debate are still limited.

We are demonstrating, even in the frustration of the hon. Member for High Peak (Ruth George) about the squeeze on the important debate to follow on youth services in England, the fundamental failures, first of the EVEL system, and secondly of the overall impact of the attempt at reform and the potential silencing of voices from England and Wales. The EVEL procedure, sadly, is becoming a laughing stock. There is a risk of Parliament falling into the same trap. Certainly, laughing stocks will not be in short supply outside our doors and down Whitehall.

Politics is a bit chaotic at the moment, and these kinds of procedural shenanigans do not enhance that, but they serve to prove the point. In the interests of consensus and not delaying the Bill any further by sending it to ping-pong with the Lords, I do not intend to press my amendments, but I hope the point has been made, and I look forward to the Minister’s response.

[David Rutley]

I will be brief, because I am aware that the hon. Member for High Peak (Ruth George) and others want to get on to the next debate. I fully understand that.

I am grateful for the support we have received from the Opposition Front Benchers. In these situations, it is important to learn lessons from other hon. Members, such as the hon. Member for Ealing North (Stephen Pound), who, I always find, uses good humour, a probing wit and maximum respect for the subject and the people involved. I was getting a little bit nervous at the tone of an hon. Member whom I like, the hon. Member for Perth and North Perthshire (Pete Wishart). I was concerned that some of his understandable comments about the process were beginning to reflect on to Kew itself, so I am pleased that the hon. Member for Glasgow North (Patrick Grady) clarified that that was certainly not the case. One thing’s for sure—Kew is certainly not a laughing stock. It is a much valued asset, and I am pleased he reinforced that.

Amendment 1 is not necessary and is not clearly drafted. Should information on the granting of a specific lease be required by anyone, including the Scottish Government Cabinet Secretary for Environment, Climate Change and Land Reform, in line with the Land Registry publication requirements, the price paid for the lease and the relevant details of the leaseholder and the lease document itself will be available from the Land Registry when the lease is registered. I think the hon. Gentleman is aware of that. It is unclear what information the amendment would require to be in any report, but information on a lease, including price and lease conditions, will be available to the public and any Government Minister.

On amendment 2, under the National Heritage Act 1983 a statement of accounts for Kew is prepared, examined and certified in respect of each financial year. This annual report and accounts is reviewed by the Comptroller and Auditor General—the head of the National Audit Office—and laid before each House. Details of Kew’s income, including Government, commercial and charitable donations, are set out in the report, which is a public document. As already stated in the other place, income received by Kew in respect of those leases will be reflected in the report.

I hope that assures the hon. Gentleman that the issue has been taken care of. He was probably already aware of the points I have made, and he has had an opportunity to make his wider points, so, for the benefit of this particular Bill and the impact it will have on the Royal Botanic Gardens, Kew, I ask him to withdraw his amendment.

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[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Consideration completed. Does the Minister intend to move the consent motion for the Legislative Grand Committee?

[David Rutley]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(3)).

[Sir Lindsay Hoyle in the Chair]

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[David Rutley]

I beg to move, That the Bill be now read the Third time.

I am pleased to move the motion for the Third Reading of the Bill, which will provide the ability to grant leases of up to 150 years on Crown land at Kew Gardens, opening up new streams of revenue that will support this great British institution and world heritage site to flourish.

Kew is a scientific institution of towering importance, not only for the UK but as a global resource for authoritative specialist knowledge on plant and fungal diversity and its role in supporting essential ecosystems, which play a critical role in addressing the unprecedented scale and pace of the threats facing the natural world and indeed humanity. Kew is custodian of one of the largest and most diverse collections of plant and fungal specimens, living and preserved, collected from around the world over 170 years, with 25,000 specimens added each year from the Millennium Seed Bank at Wakehurst to the herbarium at Kew itself.

These collections are of immense use and fundamental importance to science in determining how species differ and develop, and which ones are threatened by extinction—an issue of grave international concern. To restore and digitise this incredible collection to make it accessible across the world requires considerable investment, as has been set out. This Bill will enhance Kew’s ability to attract non-governmental funding, providing further income for these and other important investments.

Kew is home to more scientists than ever before, working in partnership with scientists, educators and communities to promote research, education and conservation. And Kew does much to involve the public too: we make more than 2 million visits a year to Kew and Wakehurst, and around 100,000 pupils learn from its many wonders on school trips. Across the spectrum of public engagement, Kew is fostering a wider understanding of plants and fungi and why they matter to us.

I am delighted by the support from parliamentarians in the Second Reading debate, and an invitation has been extended for interested parliamentarians across the board to visit Kew on the morning of 9 October from 8.45 to 10.45; hopefully they will have received the invitation already. I am still more delighted that the Government have had the opportunity to bring this Bill forward, building on the efforts of those who have promoted similar Bills on Kew through the private Member’s Bill route: my hon. Friends the Members for Bridgwater and West Somerset (Mr Liddell-Grainger) and for Richmond Park (Zac Goldsmith) and Lord True in the other place. In the other place the Bill was amended by Lord Whitty to ensure robust protection for Kew’s core functions and the world heritage site. I am grateful to Members in this House and noble Lords in the other place for their contributions.

I extend my thanks to the team at Kew, including the trustees, for all they do, as well as the officials on the Bill team, my private office, the Parliamentary Private Secretaries, the Whips on both sides and of course the Clerks for their work and support on this issue.

As the Minister in the Commons with responsibility for the Royal Botanic Gardens, Kew, it has been an honour to lead on this Bill. Our debate in this House has enabled me to underline the global importance of Kew and the Government’s commitment to its future. I believe that the Bill’s progress through both Houses has been a model of Parliamentary process, working together effectively to ensure that the Bill is fit for purpose. I look forward to the Bill’s speedy progress towards Royal Assent.