Crown Estate Bill [HL]

Lord Berkeley Excerpts

2nd reading
Monday 2nd September 2024 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I am very grateful to my noble friend for his introduction to this Bill. I congratulate him. He has a challenge. He said that the Bill will bring the Crown Estate into the 21st century; he has some way to go, as many of the speeches that noble Lords have made have shown, but it is a good start. My remarks will include comments about the Duchy of Cornwall and the Duchy of Lancaster, because they all come under the Crown. I have a number of questions which I would be very grateful if my noble friend could answer at some stage, either tonight or later.

I suppose I start with geography. Many noble Lords have talked about the seabed, but where is the boundary between what is sea and what is land? Is it high water or low water? Other noble Lords, including the noble Baroness, Lady Smith, and the noble Lord, Lord Teverson, mentioned what you can do on those bits of water. I have one small example from the Helford river in Cornwall, where the Duchy of Cornwall, which claims to own it, introduced Japanese oysters, which had the rather stupid result not only of those oysters dying but of killing all the other native oysters on the river. One of my neighbours took the Duchy to court and said, “You haven’t done an environmental study on the effect that Japanese oysters might have on the other things in the water and everywhere else”. The secretary of the Duchy of Cornwall, who has now retired, made the classic remark to the tribunal, “To all intents and purposes, we believe that we are above the law”. I call that arrogant, and I shall come back to it later.

We had another problem with what the Crown Estate should, could or could not do in our discussions on the Offshore Petroleum Licensing Bill, on 23 April. A number of noble Lords were not very happy that the Minister tried to allow offshore oil drilling to take place in marine protected areas—that is at col. 496. The noble Lord, Lord Callanan, who is not in his place, basically said that drilling for oil was really much more important than the advice from the JNCC—the statutory committee from Defra—which said that we should not do it. I wonder how the Crown Estate and the Government would look on that in the future: is drilling for oil more important than protecting the marine environment? What criteria should one use?

We have not discussed so much the sideline of how much money the Royal Family gets from the Crown Estate to perform its duties. We have talked about percentages—15% for the King and an extra 10% for doing up Buckingham Palace—but then, of course, the Duchy of Lancaster also gives the Royal Family £20 million and the Duchy of Cornwall £24 million. I compare that—which I think comes to about £132 million and goes to keeping the Royal Family in the state that we presumably think is appropriate—with the equivalent £49 million for the Dutch royal family, and the same for the Norwegian royal family. Figures for other royal families go down from there. Who decides what the percentage should be or how it should be allocated? Should not Parliament decide?

The noble Lord, Lord Young of Cookham, was very kind about a previous speech that I made about the problems of the freehold, which is next on my shopping list and still uncertain, because none of the Crown bodies has yet published how they intend to deal with the freeholds on properties that they own. It makes me wonder why it is that, hundreds of years after George III did a deal with the Treasury where he gave Crown land in return for a yearly stipend, the Duchy of Cornwall was not included in that. It must be the only organisation that receives a blank cheque without doing anything at all. I will not repeat what the noble Lord said, because we will probably have to discuss that on another occasion.

I cannot see how this behaviour justifies the sort of largesse that is given by the state—which is us—to its constitutional monarchy. The Crown is clearly not going to treat its tenants as other landlords have agreed to do by the passing of the Bill. It may publish its own rules on tenancy when it feels like it. It is uncertain whether the other landlords will behave in the same way, but I expect that the Duke of Westminster, the Duke of Northumberland and all the other big landowners will comply, because that is what the law says. But there is no debate with the Duchy of Cornwall or the Crown Estate, and there is no appeal, and Ministers often seem frightened of engaging. On this side of the House, we are members of the Labour Party, and parliamentary democracy should mean that we take this very seriously and try to deal with it in a way that means everybody is treated equally.

I have some suggestions that could simplify things. I suspect they will be rejected by my noble friend, but it is worth outlining them because, at the end of today’s debate, many noble Lords will wonder, with so many things going on, what can be done—especially as we all want the Bill to go through.

One suggestion would be to incorporate the Duchy of Cornwall and the Duchy of Lancaster into the Crown Estate and remove all the exemptions; in other words, everybody would have to behave in the same way, with no special terms. The relationship between the Crown Estate, the Duchies, the Treasury and Parliament needs clarity, and the ability to debate, challenge and reach agreement. We cannot do that at the moment. The system is, frankly, medieval and feudal. Nobody dares to challenge the Duchy of Cornwall or the Crown Estate, but I think that we should.

My last suggestion is probably even more radical. I have listened to some wonderful speeches this afternoon. It would not take much to nationalise the Crown Estate or to include the Duchy of Cornwall and the Duchy of Lancaster in a nationalised body that owns the seabed and a few other things. Noble Lords will find that in many other countries the seabed is owned by the state. There is no reason why ours should not be. Parliament could allocate an annual grant to the King to cover all his royal expenses. It might stop us pussyfooting around. We do not want to upset anybody, but we want answers. I have a horrible feeling that Ministers may shy away from confronting what needs to be confronted. More power to my noble friend’s elbow if he takes this forward.