Lord De Mauley
Main Page: Lord De Mauley (Conservative - Excepted Hereditary)Legislative Reform (Epping Forest) Order 2011
Lord De Mauley Excerpts
Lord De Mauley
That the Grand Committee do report to the House that it has considered the Legislative Reform (Epping Forest) Order 2011.
Relevant document: 14th Report from the Regulatory Reform Committee.
Lord De Mauley
My Lords, it is now almost exactly one year until the start of the 2012 Olympics, and there is a palpable sense of excitement at the prospect. All of us want the Games to be a huge sporting success. In order for that to happen, there needs to be a well planned and executed security operation. Today, I am asking your Lordships to endorse a legislative reform order that is a crucial element in that.
I acknowledge straightaway that there have been complaints about the way in which this has been handled, not least from your Lordships' Delegated Powers and Regulatory Reform Committee. I apologise on behalf of the Government for the deficiencies and for the error that was made. I will address specific points in a moment, but perhaps noble Lords will allow me briefly to set the context.
A tried and tested approach to ensuring the security of major events is the use of muster, briefing and deployment centres. These are places where large numbers of police officers can be gathered and given a collective briefing before being dispersed for their duties. In London next summer there will be three such muster centres. The most important will be the one in north-east London, which will support the main Olympic park area.
After extensive scrutiny of many possible options, the Metropolitan Police are convinced that the fairground site of Wanstead Flats on Epping Forest is the only real option for this deployment centre. The site in question constitutes just 2 per cent of the total land area of Wanstead Flats. The Metropolitan Police will pay £170,000 in lieu of rent, in addition to all of the costs of making good the site, which will help to create lasting legacy benefits for Epping Forest.
The Government recognise that there will be some disruption for a brief period next summer for those people who use that particular part of Wanstead Flats. However, we believe, and we ask those people to accept, that this is both necessary to the security of the Games and proportionate. I am pleased to say that, despite its criticisms, that view was endorsed by the Delegated Powers and Regulatory Reform Committee.
The City of London, which is the conservator of Epping Forest, is happy to endorse what is proposed, as is the London Borough of Redbridge which granted planning consent earlier this year.
The issue which arises is that the Epping Forest Act 1878 prohibits the enclosure of any part of the forest, even on a temporary basis, hence the need for a legislative reform order to make a temporary amendment to the 1878 Act. The order was recently endorsed in another place without a Division.
The Government have no wish to see any change to the status of Epping Forest nor to the legal protections that ensure that it can be enjoyed in perpetuity. The order is therefore strictly time limited. It disapplies the protections of the 1878 Act only for a specified period of three months next summer. After the Games, the muster, briefing and deployment centre will be removed, the land restored to its former status and the full protections of the 1878 Act will remain intact. No lasting change to the law will be made.
I quote from the Delegated Powers and Regulatory Reform Committee:
“The Olympic and Paralympic Games is a special and unusual event requiring special and unusual policing. We agree with the Government’s view that members of the public cannot reasonably expect to exercise their freedoms over the Centre’s site for the limited period for which the Centre is considered necessary”.
The committee was satisfied that the order meets all the tests in the legislation and is not otherwise inappropriate to proceed.
The order was declared hybrid by the Chairman of Committees the day after being laid. The Hybrid Instruments Committee, having considered eight petitions against the order, concluded:
“Many of the matters complained of in the petitions have been so dealt with, in particular by the normal planning process or in the report to the House by the Delegated Powers and Regulatory Reform Committee … that no further inquiry into them is necessary ... there ought not to be a further inquiry by a select committee into any of the matters complained of”.
Perhaps I may now turn to the criticism of the Government’s consultation process made by the Delegated Powers and Regulatory Reform Committee. The overall proposal has been subject to three separate consultation processes, covering the police proposals to use the site, the specifics of the LRO itself, and the planning permission from Redbridge Council. Every effort was made to involve and consult local people. This included leafleting the streets most directly affected and public meetings in the area.
One of the criticisms of the Government’s consultation is that it did not offer respondents a choice of possible sites, or even details of the sites which had been considered by the police other than Wanstead Flats. The latter was clearly an error, which was remedied during the consultation.
On the former point, let me explain the Government’s stance. The Metropolitan Police considered 29 possible sites for the muster, briefing and deployment centre. Applying objective criteria, they concluded that Wanstead Flats was the only suitable site. That was the clear professional, operational advice from the police. It would have been very difficult and even potentially dangerous for the Government to try to override that advice. The effectiveness and the clarity of the consultation process would not have been enhanced had we sought views on alternative sites which had already been ruled out as unsuitable; indeed, to have done so might have unnecessarily alarmed residents living near those sites.
I absolutely stand by the principle that good consultation requires allowing people to be involved at the earliest possible stage and to be able to influence the eventual outcome. However, I do not believe that it would be practical or desirable to ask people for their views on the details of how something like the Olympics should be policed, so the question of whether or not a muster, briefing and deployment centre is necessary had to be off limits, nor could we reasonably have asked people to substitute their own judgment for that of the police when it came to assessing suitability of the alternative sites.
Another issue raised by the Delegated Powers and Regulatory Reform Committee was the error in the Home Office’s original consultation document, in consulting on removing the burden of Section 34 of the 1878 Act rather than Section 36, as it should have done. The committee said that it was surprised that the Home Office did not engage in further consultation.
If noble Lords look at the responses to the consultation, all of which were placed on the Home Office website, they will see that those who responded were either for or against the principle of what this order seeks to do. I do not believe that the positions which local people took on this issue were affected by the fact that there was an error relating to the 1878 Act in the consultation document. Nor do I believe that the error meant that anyone who feels strongly about the issue was deterred from submitting a response.
I do not believe that had we aborted the consultation at any point and started again or even if we were to rerun the whole thing again today, the results would be any different. The Government are well aware that a small number of people in the immediate area of Wanstead Flats are deeply concerned about what is being proposed and we accept that their concerns are legitimate. They were certainly not prevented from expressing their views by the consultation process and, indeed, were able to petition Parliament direct through the hybridity process.
I am pleased to be able to report that, despite its misgivings, the Delegated Powers and Regulatory Reform Committee concluded on this matter:
“On balance we consider that the information given to those required to be consulted was just about sufficient to enable them to respond coherently to the proposal for the legislative change”.
I confirm for the record that what we are doing does not in any way set a precedent for future development on Wanstead Flats. I hope noble Lords will agree that the Olympics are unique in terms of scale and the policing challenge they present. I can think of nothing else that would require similar arrangements. As we have gone for a time-limited legislative reform order, even if a future Government were minded to put buildings on Wanstead Flats, even temporarily, they would have to replicate these procedures and secure fresh parliamentary approval.
Restoration of the site was, rightly, a point of considerable interest in another place. One of the conditions of planning consent imposed by the London Borough of Redbridge was that the Metropolitan Police should agree a scheme of restoration with both the corporation and Redbridge Council in writing before work begins. I am sure that both those bodies will be vigilant in ensuring that the restoration scheme is comprehensive and that its provisions are properly adhered to. My honourable friend in another place, Lynne Featherstone, is writing to MPs whose constituents will be most directly affected to set out how the restoration scheme will be drawn up.
I respectfully suggest that what we are seeking to do is a sensible, proportionate measure. It will be a vital component in next year’s Olympic and Paralympic safety and security operation while ensuring that those who cherish Epping Forest can have the confidence that the Act that protects it remains fully in force.
I apologise again for the error and deficiencies identified by your Lordships’ Delegated Powers and Regulatory Reform Committee. It concluded:
“The Committee considers that the proposal in the draft Order meets the tests set out for LROs in the Legislative and Regulatory Reform Act 2006; and is not otherwise inappropriate to proceed”.
I ask your Lordships to support this measure.
Lord De Mauley
I thank all noble Lords for their comments and questions today. I shall do my best to address them. First, I thank my noble friend Lady Doocey for her helpful comments on the need for a distinction between consultation and public information; on the complexity of the buildings required, with which I entirely agree; and for her other helpful comments.
My noble friend Lord Brooke of Sutton Mandeville made some helpful comments, expanding upon mine, on the consultation process and on reinstatement. My noble friend Lord Moynihan commented on the importance of security. This order applies to both Games. He asked how long the restoration process will take and what it will cost. It will take several months for the site to return to its original state, and I say in all seriousness that it will depend to some extent on the weather because the grass will grow better if it rains. The cost is not yet known and will not be known until the centre has been removed and the state of the site is known. The £170,000 is above the cost of returning the site. I thank my noble friend Lord Teverson for his support.
Turning to the comments and questions from the noble Lord, Lord Stevenson of Balmacara, I hope that I have addressed most of the issues that he raised, but I am delighted to return to some of them. He particularly commented on the deficiency of the police consultation. I reiterate that the police leafleted local properties and held five public meetings in the area, so they did everything they could to consult local people. I have apologised. We recognise the mistakes. We will certainly do our best to prevent them happening again, and I apologise again.
The noble Lord asked about traffic. I can confirm that traffic issues were considered as part of the planning process and that Transport for London is satisfied that this is manageable, not least because it is during the school summer holidays.
Lord Stevenson of Balmacara
The point I wanted to make about traffic was not so much on the planning application, as that would be about the site-specific activity, but more about the impact that it would have on patterns to and from the Olympic Games themselves and on those who are commuting, so it is wider than planning.
Lord De Mauley
I am satisfied that that has been taken into account in the process. The noble Lord is right that it will be critical. After all, how will the police react to an incident? However, it has been part of a very comprehensive planning process. I think that the noble Lord asked whether this could have been done through by-laws. I confirm that we could not have achieved the result by amending the by-laws. I think that he also asked about the sufficiency of the £170,000 figure, which I hope I have already addressed adequately.
I am grateful to all noble Lords for their supportive comments today. I appreciate that, despite those comments, what is proposed raises strong feelings in the immediate locality. I remind your Lordships that what is being proposed affects only 2 per cent of the total area of the Wanstead Flats and is entirely temporary in nature. After 90 days next summer, the full provisions and protections of the Epping Forest Act 1878 remain in force. I take note of the points that the noble Lord, Lord Stevenson, made about the consultation exercise; and I reiterate that whatever deficiencies there were, I do not believe that those who have strong views about this matter, particularly those opposed to the proposal, felt inhibited or unable to make their views known. We are satisfied that what is being proposed is proportionate and necessary to ensure the safety of the world's greatest sporting event and I commend the order to your Lordships.