Deregulation Bill

Lord Gardiner of Kimble Excerpts

Tuesday 28th October 2014 Grand Committee

[Lord Jopling (Con)]

My Lords, I declare four different interests as regards this matter. First, I have farming and landowning interests, although, whereas there are public rights of way over my land, I do not think that the matters to which the noble Lord refers affect my interests in any way. Secondly, for a great deal of my life I have been an active motorcyclist. Looking back, apart from riding a motor cycle over my own land, I do not think that I have ever gone a yard off the main highway. Certainly, I am not involved in any of these activities. Thirdly, in this aspect, for 14 years, I was president of the Auto-Cycle Union, which is the governing body of motorcycle sport. The ACU issues licences for events and competitors. Official events cannot take place without its licences. It has a very strict form of discipline for those organisers or competitors who break the rules. Finally as an interest, I was a Member of Parliament for 33 years for the southern part of the Lake District, which covered parts of the Lake District National Park and the Yorkshire Dales National Park.

I have always been very concerned about the way in which these unsealed roads and byways get absolutely wrecked by totally irresponsible people who use them as race tracks. For many years, I have taken a view that we should try to do something to stop these people who chew up the byway and behave in a totally irresponsible manner. Therefore, I have a great deal of sympathy for what goes behind this proposed new clause. We need to keep it in perspective because, as I understand it, there are 6,000 miles of unsealed roads in the country compared with 115,000 footpaths, bridleways and restricted byways. We are not talking about byways which are the dominant part of those ones where the public should have every opportunity to enjoy the tranquillity of the countryside.

Trying to come to a formula to deal with this, as the noble Lord said, is fiendishly difficult. We have to ensure that some of the vital interests continue to be able to go about their business. The day has gone when the shepherd plodded the moors with his dogs. Nowadays, they use 4x4s, which means that they must continue where it is essential to be able to use these unsealed roads. Shooting interests also often use them, as they should. In particular, I was rather apprehensive when I heard the noble Lord propose this new clause that he was trying to get at properly organised sporting events.

With my former ACU hat on, I was delighted to hear that he is not proposing to get at those organised events, which are done under very strict rules. I remember that years ago when I was in the Commons there was a great problem with unauthorised car rallies that raced through villages in the middle of the night—cars with open exhausts making a perfect nuisance of themselves. Things were changed so that only car rallies organised by the official motor sport organisations were supposed to take place. Nowadays one never hears of this problem. I hope, therefore, that we can get something done. How do we do that? I dislike this new clause for one particular reason: that it is done by statutory instrument. That means that Parliament would have no chance to amend it, and because this is such a contentious issue Parliament should have a way of amending proposals to do with it. This is the aspect of the new clause I am most critical about—it ought to be done by primary legislation, not in this way.

As I understand it, Mr Rogerson proposed—in another place—to set up a group. I do not see terribly much difference, with great respect to the noble Lord who proposed it, between a group being set up and the Minister himself having to lay proposals, which is what the new clause proposes. We know that it is going to be difficult but let us have a group and let them have a go at trying to find agreement about these things. It is essential that we deter the abuses that currently take place and the best way forward would be to follow Mr Rogerson’s proposals. I hope the Minister, in his reply, will stick to that.

I end, perhaps in a rather cynical way, by saying that the last thing this proposal is, is deregulation. It is not deregulation at all. I wonder if it is in order in regard to the Long Title of the Bill. However, I am not going to make an issue of that. I welcome efforts to try to do something about this menace but this is the wrong way to go about it. A year is too short a time. I hope the Minister will proceed in the way that Mr Rogerson suggested.

[Lord Gardiner of Kimble (Con)]

My Lords, I am conscious that this is a very interesting debate, but I am also conscious that by agreement the Moses Room tends to finish soon after 7.30 pm, with a little leeway to go on longer. It would be very helpful, since we wish to finish this clause, if contributions were as brief as is seemly.

[Lord Walker of Gestingthorpe (CB)]

My Lords, I speak briefly in support of this amendment. Like many noble Lords, I must declare an interest: I am a shareholder in a family company that owns and farms arable land in north-west Essex. I am, and have been for 60 years, a user of footpaths, bridleways and, from time to time, byways open to all traffic, on other people’s land in Essex and in many other parts of England. This is a point on which there is no real difference of interest between reasonable landowners and walkers and riders. All of us can coexist; what none of us can easily coexist with are those who use byways open to all traffic for four-wheeled vehicles, sometimes caravans of them, with their main object, it seems, being to make as much noise and mess as possible.

I have received many letters on this subject—they all seem genuine letters, written by the person who signed them and not copying something out—all in favour of this amendment. I had one yesterday, as it happens, from my brother-in-law, who is over 80 now. He wrote to me that, from his earliest years, he was a regular user of the Long Causeway that starts in Sheffield and goes to the heart of the Peak District National Park and described how that beautiful old path has been repeatedly and seriously damaged by four-wheel drive vehicles. He cited the fact—and I have no reason to doubt it—that the Peak District National Park Authority recently incurred expense of no less than £250,000 in trying to repair the Long Causeway. I therefore support the amendment.