Public Bodies Bill [HL]

Lord Maclennan of Rogart Excerpts

Monday 7th March 2011 Lords Chamber

[Lord Judd]

In the noble Lord’s absence, I beg leave to move this amendment and to speak to its group. I should perhaps remind the Committee of my interests: I am a vice-president of Campaign for National Parks and president of the Friends of the Lake District, an area that includes a very fine national park. At the outset, I shall say a word on why the parks matter, because this amendment is not free-standing but relates to their purpose. In our stressed society, many would argue that the parks have become more important than ever as a place for spiritual and physical renewal. They also have a tremendous contribution to make in the sphere of biodiversity and, potentially, a significant part to play in combating carbon pollution and all the rest.

We have yet to hear why the inclusion of national parks authorities and the Broads Authority in this Bill is either appropriate or necessary. The suggestion that their inclusion is to give them more flexibility in operating does not, frankly, sit comfortably with the extent of ministerial diktat that the Bill will provide. Most of the provisions are, in any case, unnecessary given the flexibility that already exists within the Local Government Acts and Part 8 of the Natural Environment and Rural Communities Act 2006—or NERC, as it is known—on administrative arrangements. National parks authorities and the Broads Authority are, as they were originally described, special-purpose local authorities, but this level of intrusion by the national Government of the day threatens to undermine their independence. This group of amendments would remove national parks authorities and the Broads Authority from the Bill and, I assure the Committee, therefore have widespread support.

Clause 3 appears to give Ministers the power to change many aspects of how national parks authorities work, including their name, their accountability to Ministers, their powers to employ staff, the number of members, the procedures for member appointment and, indeed, the appointment of the chair. The concern reflected in these amendments is about the extent of the power that would be given to Ministers to alter the composition of those authorities and the Broads Authority. Defra has linked this clause to the current consultation on the governance of national parks authorities, which aims to improve their local accountability. However, the consultation is based on six simple, open questions and, until we have a clear picture of the response to them, it is surely not possible to propose what, if any, constitutional changes might be right. Indeed, including such far-reaching provisions in the Bill to deliver outcomes that have not yet been established is, I suggest, obviously premature.

Schedule 3 does not seem necessary given the flexibility that already exists in Part 8 of the NERC Act 2006. If, as I gather Defra has suggested, the intention is to provide greater flexibility for amending the membership of the Broads Authority, only that authority should be mentioned and only in relation to the specific issue of membership, not the wide range of constitutional issues listed in Clause 3.

Clause 5 gives the Minister the power to transfer the national parks authorities’ functions to an eligible person or to modify those functions by order. In practice, that would mean that, if a national park authority or the Broads Authority upset the Minister of the day through its planning decisions, the Minister could order that authority to transfer its land-use planning functions to the department, to another local authority or to a company limited by guarantee and so on. This would mean that the authorities would be constantly living with the potential threat of having powers taken away in the event of an unpopular decision, but one that would be right in terms of the purposes of the parks. That would inevitably have consequences for their freedom to operate, their willingness to innovate and, potentially, the robustness of their decision-making.

At this point I should put a question to the Minister: how do the Government value the three provisions in relation to the functions of the national parks authorities and the Broads Authority—statutory functions, such as the land-use planning functions and other detailed matters such as the making of tree preservation orders, and any function, statutory or discretionary, that the authority might undertake to deliver its statutory purposes? Those purposes are set out in Section 5 of the National Parks and Access to the Countryside Act 1949. They are,

“conserving and enhancing the natural beauty, wildlife and cultural heritage”,

and,

“promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public”.

There is of course an additional purpose where the Broads are concerned, relating to navigation. I suggest that it is highly disturbing that under the terms of the Bill Ministers could change the purposes for which national parks and the Broads have been designated by order rather than through primary legislation. That is a significant and sweeping proposal.

Clause 6 gives the Minister the power to make provision by order to authorise the national park authority or the Broads Authority to delegate some or all of its functions to an eligible person, including another local authority, a company limited by guarantee or the Minister himself. While this does not explicitly relate to an authority’s planning function, it is rather hard to imagine what else it could be about. National parks authorities and the Broads Authority can currently choose to enter into agency agreements with other authorities on the delivery of their development control function, as is happening in the newly established South Downs National Park. This arrangement ensures that the authority remains ultimately responsible for the delivery of the development control function and that it is able to monitor and, where necessary, amend arrangements so that they do not prejudice the delivery of park purposes. Full delegation would not give it the same ability to monitor arrangements, as it would be delegating responsibility for them to another body. Significantly, the transfer parts of Schedule 5 and all of Schedule 6 can already be achieved using Part 8 of the NERC Act. Unlike under Clause 5(1)(b), a transfer could be done then only with the agreement of the authority.

Clause 8 requires Ministers to have regard to various objectives in considering whether to make an order under Sections 1 to 6. Surely, if we ever have this clause, it ought to require Ministers to be able to demonstrate that these objectives will be met, rather than merely having regard to them.

I have had all sorts of reassurances from Ministers about their intentions and their commitment to the parks and I genuinely believe that what they are saying is what they believe. I respect them for that, but I suggest that it is unfortunate that the parks and the Broads Authority were brought within the Bill, as they have an immensely important role to fulfil. I see some noble Lords present who from time to time have had quite acute criticisms of the parks, but those criticisms can be taken up with the park authorities as they stand and are established. I ask the Minister to consider seriously the intention of these amendments and I hope that what he says tonight will meet some of the concerns that I have expressed. I beg to move.

[Lord Maclennan of Rogart]

My Lords, my noble friend Lord Greaves, from his bed of sickness, asked me to intervene in this debate to make a few points. The noble Lord, Lord Judd, has made many of those points, which will inevitably shorten the remarks that I feel obliged to make. In a sense, I will underline the principles that he raised.

The first question that I put to the Minister is: how are we and those who care about the national parks to divine what the coalition Government seek to achieve by the inclusion of the national parks authorities in Schedules 3, 5 and 6? The coalition agreement indicated:

“We will review the governance arrangements of National Parks in order to increase local accountability”.

At the time, that was taken to mean considering the possibility of the direct election of the indirectly appointed council members of the national parks authorities, although that was not made explicit. However, that is what the authorities considered that it indicated.

The second issue, which was referred to by the noble Lord, Lord Judd, is about the Defra consultation. The consultation asked six questions, but those questions did not bring great clarity to what the Government had in mind by including them in the consultation. They were very open questions about whether the membership of the authorities should be changed and whether the process for selection could be improved. There was certainly no reference to direct election in place of indirect election from the local authorities. I understand that the consultation is now complete and the answers were submitted to the Government on 1 February. It would be of interest to know what the Government’s response to that process is and what conclusions they have drawn from the submissions that have been made.

The third issue is to discover which powers and functions of the national parks authorities the Government have in mind to alter and in what way. The national parks authorities are essentially hybrids: they are partly quangos but they have local authority functions, including particularly powerful functions in respect of planning and development, which could be and are exercised by local authorities in other parts of the country. This raises the question of how any change would have the effect of devolving more powers to the localities if what the Government seek is more influence over the direction of decision-making.

It may be thought that the powers already exist to provide for greater flexibility through the Natural Environment and Rural Communities Act 2006, which the noble Lord, Lord Judd, also referred to. The Act specifically provides for flexible administrative arrangements for designated bodies, including the national parks authorities. Consequently, it appears that the only reason why this measure might be considered necessary, and for including these authorities in the Bill, is that the approval of the Secretary of State is not sufficient under the 2006 Act. The proposals must be approved by the national parks authorities. On the face if it, this looks as though it is a direct transfer of authority to the Secretary of State. That may not be the intention, but we need to hear what the Government have in mind.

It is clear that there is already grave disquiet among the national parks authorities about the inclusion of this provision in the Bill. Many of the friends organisations, those who live in the national parks and some who are employed by the authorities are considerably concerned about it. If the Government are not able to give a precise indication of the purposes of this inclusion in terms of restructuring, I predict that there could be a considerable backlash from the public. I do not say that it will necessarily be on the scale of that aroused by the forestry provisions, but no one should underestimate the regard and affection felt by many people for the national parks, not only by those living in and depending on the organisation and management of the national parks but by those who see them as an important escape from the pressures of life. Those people are deeply concerned that the 9.3 per cent of our country that is included in the 10 national parks in England should be maintained with its heritage, beauty, natural conservation and many of the other fortunate happenings in these areas. I hope that the Minister will reply to these questions, which certainly exercise many people around the country.

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Moved by

[Lord Maclennan of Rogart]

72: Schedule 3, page 18, line 24, leave out “Internal drainage boards.”

[Lord Maclennan of Rogart]

I beg to move the amendment standing in the name of my noble friend Lord Greaves, who for reasons of health is unable to move it himself and has asked me to do so. Amendment 72 and others related are concerned with the internal drainage boards, which operate principally under the Land Drainage Act 1991 and are independent operating authorities. They form a specialist but important part of the systems of local governance in their areas. There are 154 of these bodies in England and they have an important role in managing water level and flood risk. Their activities include action in emergencies, maintenance of pumping stations where necessary and providing planning advice to local authorities.

The Association of Drainage Authorities, which is the national body that represents the IDBs, is unhappy about the inclusion of these bodies in the Bill and has suggested that primary legislation would be more appropriate. There are at least two opportunities for considering this matter in this parliamentary Session. The first is through the Localism Bill, which it has been suggested by the association would be a better way in which to make specific modifications to the legislation, including amalgamation of the boards. The association has also drawn attention to the fact that the Government are proposing to produce a water White Paper in June and believes that that would be likely to be followed by a water Bill, which would provide another appropriate route through primary legislation, allowing full scrutiny to take place and extensive parliamentary debate if necessary. I rise simply to ask the Government why they feel it appropriate to include the IDBs in this Bill and why they have not preferred to wait for the primary legislation intended to be produced relatively soon.

Some concern has been expressed by these bodies—particularly by the chief executive of the ADA—that local people, including volunteers, with considerable local knowledge, freely offer advice to help to reduce the risk of flooding to people, property and land. These concerns are worthy of being addressed in the debate. I have no doubt that the Minister will be able to explain the Government’s position. I beg to move.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester)]

I must advise the Committee that if this amendment is agreed to, I shall not be able to call Amendment 72A for reasons of pre-emption.

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[Lord Henley]

I am very grateful for that “Hear, hear” from the Cross Benches. For the reasons I have explained, I hope that the Committee will agree to the Government’s amendments and that my noble friend will feel able to withdraw the amendment.

[Lord Maclennan of Rogart]

My Lords, I am extremely grateful to my noble friend for his full response to the debate which has given us the information that we sought. Therefore, I beg leave to withdraw the amendment.

Amendment 72 withdrawn.