Norfolk and Suffolk Broads

Norman Lamb Excerpts

Wednesday 8th July 2015 Westminster Hall

[Mr Simpson]

My hon. Friend raises a good point. The planning department in the Broads Authority has considerable powers, and I would like the Department to examine that. That leads me on to my second point, which is the governance of the broads.

[Norman Lamb (North Norfolk) (LD)]

I congratulate the right hon. Gentleman on securing the debate. I completely share his view that it is important to maintain the current balance of interests and that any rebranding must not disturb that in law. I want to raise with him the question of the draft Bill from the previous Parliament, because I am concerned about the legitimacy of organisations that have no directly elected people on their board. There was overwhelming support in the broads, and certainly in my constituency, for the idea that the local community should have a say through a directly elected person, or preferably persons, on the board of the Broads Authority. That has been the case in similar authorities in Scotland for some years, and the world has not caved in. Does he share my view that it is important for the draft Bill to become law, so that we have directly elected people on the board?

[Mr Simpson]

That is the second main purpose of this debate. Indeed, the right hon. Gentleman’s colleague, the hon. Member for Westmorland and Lonsdale (Tim Farron), was enthusiastic about the draft Bill a year ago, and my hon. Friend the Member for South Norfolk and I raised the issue back in 2007. The issue goes back some time. Basically, since 1988 there has been considerable local pressure for direct elections, and there is no doubt that the case was strengthened by the passage of the Broads Authority Act 2009 and the rebranding of the broads as a national park.

Last year’s draft Bill would have resulted in direct elections to the Broads Authority, amended the political balance requirement on local authority appointees and allowed for a wider range of parish representation. As the right hon. Member for North Norfolk suggests, the draft Bill’s aim was to improve local accountability without necessarily increasing the number of representatives. If I were being harsh, which I am not, I might argue that the Broads Authority is a quango, because nominees are nominated either by local councils or by the Secretary of State for Environment, Food and Rural Affairs, with the noble objective of having a cross-section of interest groups represented on the Broads Authority. Ultimately, those representatives are all nominated, and now is the time to consider how we could have a truly elected part—although not necessarily a truly elected whole—of the Broads Authority. The arguments against will be that party politics could come into it and that there would be questions about how to define the electorate, and so on. Those issues could be resolved, and it would be a cross-cutting exercise as much as anything else.

Importantly, the navigation element makes the broads different from other national parks, which means the broads might be better represented if there were local representatives with an interest in navigation. When we talk about navigation, we are talking about a wide remit. We are talking about tourism and the boating companies of one kind or another, and we are talking about people who sail. A lot of material is still shifted by boat on the broads. All those factors come together, making the broads different from, and unique among, other national parks.

I hope the Minister will be able to address those two specific questions. He will have a speech drafted for him by his DEFRA officials and by the Broads Authority, but he should work on the assumption—I am not being patronising—that my colleagues here know all the background detail. First, does his Department have a definitive answer to the business of the broads being a national park as a brand but quite different from the rest of the national park family?

--- Later in debate ---

[Rory Stewart]

I am so sorry, Mr Turner; I apologise. I will stand back and face you when speaking. In fact, I will move my microphone to ensure that I am audible while doing so.

The central question that my right hon. Friend the Member for Broadland raises is about the status of the park. Underlying the slightly technical response from the Department is a fundamental distinction between the broad philosophical arrangements of the Broads Authority, which are to protect the landscape, and the exact legal status. National parks were set up under separate legislation, and, because of the issues raised by the Sandford principle and navigation, the Department does not wish to imply that the specific legislation relating to national parks should control the Broads Authority.

Governance was the second issue raised; the right hon. Member for North Norfolk (Norman Lamb) particularly focused on it. It was addressed in a statement made by Lord Gardiner of Kimble in the other place. Lord Gardiner made explicit that the Government do not intend to bring forward the legislation necessary to enable elections to be held. I will explain, from the point of view of the Department, why that is our determination.

The determination was made for various specific reasons relating directly to the interests of the broads. One is that the number of people living within the Broads Authority area itself is relatively limited. When the Broads Authority was set up, a relatively narrow line was drawn around the edge of the authority. It crosses some population-dense areas, but the number of people who live within the authority and own boats for example—to address the question raised by my right hon. Friend the Member for Broadland—is relatively limited. Approximately 10,000 people currently have licences to operate boats within the Broads Authority, but only a minority of those live within the Broads Authority area itself.

[Norman Lamb]

I have two questions. First, for the avoidance of doubt, is the Minister saying that the proposed rebranding of the broads will have no impact at all on the current legal status, which excludes the Sandford principle from the Broads Authority? I would like confirmation of that. Secondly, is he saying that the Government intend not to proceed with any legislation in respect of any of the national parks in England, thereby not following the route taken in Scotland where they have introduced direct elections?

[Rory Stewart]

I am saying both those things. Just to reinforce that absolutely clearly for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they. We are very comfortable with the broads describing themselves as a national park, but that is essentially to express in common-sense terms to the public that it is a protected landscape with many of the qualities of other national parks.

We are certainly proud of the Broads Authority. We do not expect it to be a second-class authority or its specific legal status to undermine the respect and the honour that we have towards it. It is not governed under the national parks legislation; it is governed under separate legislation, and that will remain the case.

The Government do not intend to bring forward the legislation that the right hon. Member for North Norfolk mentioned, and I shall explain why. It would not achieve the intention, which is to get more people involved in boats and navigation on to the board. We are achieving that at the moment. The two most recent Secretary of State appointments to the Broads Authority are of people who have licences. More than one third of people on the board are active users of boats and licence holders, and that is important. In so far as I am involved in Secretary of State appointments, I will endeavour to ensure that they include people who have an active interest in navigation as well as the environment.

--- Later in debate ---

[Norman Lamb]

Can the Minister explain two things? First, one year ago, under a coalition Government in which Conservatives were in the majority, the draft legislation was brought forward by his Department. His Department therefore must have regarded its merits and been prepared to take it through. It would be fascinating to get through a freedom of information request the advice that Ministers received at the time in favour of bringing the legislation forward.

Secondly, I know all the arguments against elections, but there still seems to be the prospect of some form of election, not only for local communities, but for other interest groups—wildlife, environment or anything else. That, I think, is the view of most MPs in the area.

[Rory Stewart]

I take that point strongly on board. The advice that I have received is that the democratic element on the Broads Authority is represented by the fact that the majority of people serving on the board are elected. Nine people have been elected as councillors. The two people who have been elected by the people with navigation interests are themselves elected.

The majority of the people on the Broads Authority are currently elected and they are balanced by a minority of Secretary of State appointees, which allows us to achieve exactly the right hon. Gentleman’s point; that would be more difficult to achieve simply though elections. It ensures that we have a broad range of people with both environmental and navigation interests.