Cities and Local Government Devolution Bill [Lords]

Robert Neill Excerpts

Monday 7th December 2015 Commons Chamber

[Liz McInnes (Heywood and Middleton) (Lab)]

Our national parks are precious national assets. Millions of people use and enjoy them every year. They are areas of protected countryside that everyone can visit, and where people live, work, and shape the landscape. We have 15 national parks: 10 in England, three in Wales and two in Scotland.

In his autumn statement, the Chancellor included devolution to national park authorities in England, allowing them to lend, invest, trade, and set up co-operatives with businesses. That is legally known as the general power of competence. However, we know what is driving this change: cuts made by this Government. Since 2010, national park authorities in England have suffered cuts of up to 40% in their Government funding. Indeed, Northumberland national park is already renting out its spare office space—vacated by staff who have lost their jobs—where an enterprise hub has been set up.

New clause 7 would amend the Environment Act 1995 to provide English national park authorities with general powers to do anything they consider appropriate in carrying out their functional purposes. The new general powers in proposed new section 65A are similar to those conferred on other authorities by chapter 1 of part 1 of the Localism Act 2011. The new clause only applies to English national park authorities.

Proposed new section 65B limits the scope of the general power of competence in several respects. It does not allow English national parks to borrow money or charge a person for anything they do other than for a commercial purpose. That immediately raises concerns. The coalition Government’s attempt to privatise our forests was met with a public outcry. That plan was rightly defeated. This Government have attempted to open up our national parks to fracking, again causing a great deal of concern among the public, who value our precious national assets and have no wish to see them opened up to commercial ventures in that manner. We need strong assurances that the character of our national parks will be protected and that such important national institutions are maintained for the benefit of the public. We need a cast-iron assurance from the Government that fracking is not going to be allowed in our national parks.

We need more details on Government funding of national parks. We need more details on what the national parks are actually planning to do with the new powers. We cannot allow the commercialisation of our national parks by the back door. The future governance and accountability of our English national parks is an absolutely massive issue, which deserves proper debate. It does not belong here, in the Cities and Local Government Devolution Bill, inserted at the eleventh hour with no time for the weighty issues raised to have a proper discussion.

[Robert Neill (Bromley and Chislehurst) (Con)]

Given that national parks are local authorities for these purposes, will the hon. Lady reflect upon the complete and deeply misleading red herring that she raises? After all, the fracking matter has nothing to do with the role of local authorities of any kind—national parks or otherwise —in relation to a general power of competence. Should she not welcome the ability of national parks to enter into joint agreements, for example with their district and county councils, which is precisely what this provision is aimed at? She is actually setting up a complete Aunt Sally in this matter.

[Liz McInnes]

Red herrings, Aunt Sallies: I am merely expressing the unsuitability of the new clause in application to this Bill. It has been brought in at the eleventh hour with the minimum of notice. It raises huge issues. I do not think the general public would agree with the hon. Gentleman that the worry about fracking in our national parks is a red herring. I certainly got a lot of correspondence about it when the Government were talking about it a few weeks ago, and I think we need a proper debate.

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[Liz McInnes]

I will not take any more interventions. I have already given way to hon. Members.

The national park authorities are one part of the equation, and, as I have already said, we have not had time to consult them properly because this proposal was brought in at the eleventh hour. Surely any reasonable person would want—[Interruption.] Conservative Members had prior knowledge of it. I am sure that every reasonable person would agree that we need a proper debate on such an important issue. The national park authorities are not the only stakeholders involved. The public are the real stakeholders. Millions of people use and enjoy our national parks every year, and they should have their say. They would not thank us if we allowed this measure in through the back door.

Neither I nor any of my team are opposing the new clause for opposition’s sake; we are opposing it because we have serious concerns about the way in which it has been introduced. We will not agree to such a huge change in the governance and accountability of our national parks at only a few days’ notice and without a proper debate. If the Minister thinks that we are going to let this go through without a proper discussion, he is very much mistaken.

It is totally inappropriate that the new clause, which could bring about major and irreversible changes to our national parks, should be slipped into the Bill in this manner. The national park authorities are there to protect the environment for the good of the nation and its people. I call on the Secretary of State to withdraw the new clause. It does not belong in the Bill. If a discussion is needed about the future funding of our national park authorities, so be it, but let us have a proper debate. Let us give our stakeholders, the people, a chance to have their say, and let us not try to introduce damaging changes to our national parks by the back door.

[Robert Neill]

rose—

[Peter Heaton-Jones (North Devon) (Con)]

rose—

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[Robert Neill]

Thank you, Mr Speaker.

That was without any doubt the least-informed speech I have heard from a Front Bencher in the whole of my career in the House of Commons. I am sorry to say that to the hon. Member for Heywood and Middleton (Liz McInnes), but she has simply not read the new clause and understood what it is about. It extends the power of general competence that applies to local authorities, which her party supported as a welcome thing when I introduced it as a Minister, along with my colleagues, to local national parks authorities; it does not affect planning in any way whatever. I am horrified that an Opposition Front-Bench spokesman does not understand the difference between the role of a national parks authority qua local authority and its role as a planning authority, which is not changed in the slightest by any of this. The Opposition’s approach is therefore worrying.

[Steve Brine]

As the shadow Minister would not give way to me for a second time, I wish to put on the record the fact, which my hon. Friend will confirm, that we did have advance notice of the new clause. I met the South Downs national park authority on 13 November, when it made clear its support for the provision. It, like me, has had that much time to look at it. The Opposition may have been distracted by other matters, but that is a whole other matter—and, for the record, Aunt Sally was in “Worzel Gummidge”.

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[Robert Neill]

My hon. Friend is absolutely right. The troubling thing is this: applications for fracking, licensing matters and all that regime are not governed by a power of general competence in the slightest. The new clause has no effect on fracking of any kind whatever, and I regret to have to say to the hon. Lady that to suggest otherwise is either wilful ignorance or a serious piece of misleading the public.

The new clause gives local authorities that are national parks the same powers to deal with things as their district councils and county councils have. The point has also been well made that it enables them to enter into devolution deals, which again I believe the Opposition supported. So far, they are against a power of general competence, which they supported when we brought it in, they are against devolution deals in national parks, which they have supported, and they have set up an Aunt Sally that has nothing to do with the case.

I appreciate that the Opposition Front Benchers have been shuffled so many times that they probably do not have time to read an Order Paper nowadays, but the most cursory reading of the amendment might have given them some idea that their approach is totally off the case, it is against the views expressed by the Select Committee rightly and properly and it is against devolution. I am sorry to say that we heard a bizarre speech from the Opposition and they are taking a bizarre approach. If they divide the House on this, they are simply—

[Richard Graham (Gloucester) (Con)]

Is my hon. Friend aware that quite a campaign has been whipped up across the country about the possibility of fracking springing up in national parks as part of some dastardly plot by the Conservative Government to introduce fracking wherever they can find a national park? Does he think that perhaps the response from the Opposition is influenced in some way by that campaign?

[Robert Neill]

I have always taken the view in politics that the further left you go, the greater the conspiracy theories get; I suspect that may have happened, perhaps with one or two honourable exceptions, to the Opposition Front-Bench team. But that has nothing whatever to do with what we are about. It has nothing to do with their ludicrous scare campaign. A simple amendment, whose principle was not objected to when the Localism Bill was brought through, is suddenly being seized upon for the most bizarre bit of political grandstanding by a bankrupt Opposition. The best thing they can do is find something to agree upon. Their approach would prevent a national park authority from entering into a joint venture with its district and county councils, although that is a perfectly sensible and reasonable thing to do. Anyone who speaks to people who have represented areas in national parks will know that one of their concerns was the inability to join up the service delivery between the national parks authority, the district council and the county council. That sort of thing was a regular issue upon the desk of any Minister.

The new clause enables that to be done through a simple, legal structure. It has nothing whatever to do with applications for planning permission for fracking and with the licensing regime for fracking. It is a sad and sorry day when an important and useful technical amendment is hijacked by one of the more bizarre bits of political boulevardiering that I have ever seen in my time in the Commons.