Deregulation Bill

Lord Bradshaw Excerpts

Tuesday 3rd February 2015 Lords Chamber

[Lord De Mauley]

My Lords, government Amendments 8, 9, 10, 11, 13, 14 and 15 in this group are minor and technical in nature and do not make any substantive change to the policy of Clause 25 or Schedule 7. They make in fact the following changes.

One is a correction to new Section 54C(3) of the Wildlife and Countryside Act 1981, which is concerned with modification consent orders, to make any path or way resulting from such an order “maintainable at public expense” instead of making the surveying authority responsible for its maintenance. This small change in terminology makes the provision consistent with existing rights of way provisions and avoids creating any uncertainty among practitioners. There are extant provisions that enable diversion and extinguishment orders to be severed, where only part of an order is subject to a valid objection. Another change in terminology substitutes “parts” for “modifications” in these provisions. That is because “modifications” has a very particular meaning in relation to definitive map modification orders and is best confined to that context.

The final change is to enable the Secretary of State to decide which procedure to use in deciding appeals and objections on rights of way diversion and extinguishment orders. This will make the procedure consistent with that for recording rights of way. It will enable the Secretary of State to opt for the exchange of written representations rather than a hearing or public inquiry and avoid unnecessary and costly public inquiries where there is no justification for them.

My noble friends Lord Greaves and Lord Bradshaw have amendments in this group, but it is appropriate that they introduce them before I respond. I beg to move.

[Lord Bradshaw (LD)]

My Lords, the problem we are trying to deal with is the unauthorised use of green lanes by 4x4 vehicles and trail motorbikes. This problem is getting worse, making many rights of way impassable and creating an intrusive noise nuisance. Present legislation is entirely inadequate for dealing with this problem. Local authorities which are short of resources are unable or unwilling to commit to dealing with an outdated and burdensome situation.

When the Peak District National Park and other national parks were formed, the use of rights of way by 4x4 vehicles and trail motorbikes for recreational purposes was not foreseen. At present there is no simple way of dealing with this obstructive and noisy nuisance and some fresh way must be found to deal with a problem that prevents walkers and riders enjoying the countryside. The purpose of any new legislation would be to create a right of appeal where a highway authority fails to make a traffic regulation order that excludes motor vehicles from a byway open to all traffic, and other green lanes, where there is evidence that such an action is necessary. At present, local communities have no redress if their highway authority refuses to act.

--- Later in debate ---

[Lord De Mauley]

My Lords, in what is an understandably contentious debate about the recreational use of motor vehicles on unsurfaced routes in the countryside, and particularly inside national parks, we are addressing similar issues to a debate we had in Committee. We sympathise with genuine concerns about the problems that can arise from the recreational use of motor vehicles on unsealed roads, encapsulated in Amendment 17 by my noble friend Lord Bradshaw. I have seen some of the pictures that the noble Lord, Lord Cameron, referred to. We agree that this is an issue which needs to be tackled and some means of resolution found. The Government’s published response to the Joint Committee’s report of pre-legislative scrutiny on the Deregulation Bill said as much, but also recognised that this Bill is not the right mechanism for doing so. The issue of recreational off-road motor vehicle use is an emotive and contentious one, where one person’s pleasurable pastime is anathema to another. The noble Lord, Lord Grantchester, said that by no means all damage to unsealed roads and tracks is by the recreational use of motor vehicles, and I broadly confirm the figures that he mentioned.

We believe that the best way to review policy on the recreational off-road use of motor vehicles is for it to be based on the stakeholder working group model. I am grateful to noble Lords who echoed those sentiments. That approach has proved to be successful, as demonstrated by the stakeholder consensus on the rights of way reforms package, of which the clauses in this Bill form the major part. This has resulted in mutually beneficial solutions being arrived at through dialogue and negotiation.

The Government plan to set up such a motor vehicle working group, with an independent chairman, as soon as possible after the Deregulation Bill has completed its passage. My department will work with Natural England to organise a secretariat, and it will invite stakeholders with the relevant experience and expertise to join the group. We propose to invite interested organisations to put forward their suggestions for suitable members. In response to my noble friend Lord Bradshaw’s specific question, I say that a key principle is that the group should contain a balance of interests across all sectors. We plan to have members who can represent the interests of national parks, areas of outstanding natural beauty, national trails as well as all the different types of users of rights of way.

Within such a group, recognised professionals can explore all the viable possibilities and their likely consequences. Resolutions arrived at in this way, based on agreement and mutual interest, are likely to result in less conflict and reduce the need for enforcement. Solutions will work best if based on compromise, and I have been assured by those representing the anti-vehicle groups that it is not their intention to change the legislation in relation to allowing motor vehicle trials and competitions. I welcome this approach, as I do the points made by my noble friend Lord Skelmersdale and the noble Lord, Lord Judd.

My noble friend Lord Skelmersdale raised a point about access for disabled people to the countryside. This is a complex issue with many different aspects, which is why it needs to be considered carefully by a working group and fully consulted on.

My noble friend Lord Bradshaw asked about timing. I have said that the stakeholder working group will start its work upon completion of the passage of the Bill. We will set a target time for the group to report. The original stakeholder working group took 18 months to report and I believe that a similar timeframe is realistic for this group to work to. I can confirm that a public consultation will follow the report.

While the group needs to have a clear remit, it will be invited to come up with its own terms of reference. I expect that it will look at all the issues in the round and include assessments of any economic and social benefits of the current recreational use of unsealed roads as well as an assessment of the costs and burdens. On that basis, I hope that my noble friend Lord Bradshaw will be prepared not to press his amendment.

[Lord Bradshaw]

I thank the Minister for what he has said, but what was missing was the question of what happens—

[Lord Gardiner of Kimble (Con)]

My Lords, it is my noble friend Lord De Mauley’s amendment that leads this group, so I rather think that my noble friend Lord Bradshaw is not in a position to make the speech that he is proposing to make.