Deregulation Bill

Chi Onwurah Excerpts

Monday 23rd June 2014 Commons Chamber

The Government could provide funding for safe footpaths. The money could come from the rural development programme, funded from pillar two of the common agricultural policy. That option would reduce the burden of disputes involving farmers and councils, but without that assistance, farmers could be forced to copy the image that I am sure we all saw in The Times on 10 May: two long pieces of metal fencing lining a footpath across the centre of a field in Frome. Is that not a terrifying image of the future for rights of way if common sense does not prevail? It is our duty to preserve the Great British countryside for all who are lucky enough to visit it, and to live and work there. Part of that preservation is providing support for those who farm our countryside. Farmers already want the best protection for themselves and those who walk on their land, so I urge the House to support the safety, security and privacy on footpaths that new clause 15 would bring.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I am sure, Madam Deputy Speaker, that you will be pleased to learn that members of my constituency Labour party and I took part yesterday in what we call, in a comradely fashion, a red ramble. We walked from the site of the battle of Newburn Ford to Wylam, the birthplace of the great engineer George Stephenson. We walked most of the way across the land of the Duke of Northumberland. Unfortunately, we did not see any red squirrels, but we enjoyed the unequalled beautiful countryside, and views of the Tyne. As we walked, we discussed the role of the Labour movement over hundreds of years in fighting for the right of public access, sometimes illegally, including in the mass trespass of Kinder Scout. I mention that to set out to the hon. Member for North Herefordshire (Bill Wiggin) the depth of feeling among Labour Members that causes us to oppose new clause 15.

In government, Labour has demonstrated that depth of feeling by long supporting public access to the countryside and the wider natural environment. In 1949, the post-war Labour Government passed into law a requirement to record public rights of way on a legally conclusive document known as the definitive map and statement. Labour’s 1987 manifesto for government outlined commitments not only to offer all people more freedom to explore the open countryside, but to strengthen the protection of our national heritage. The Countryside and Rights of Ways Act 2000 was one of the most successful and supported pieces of legislation in this area, and it strengthened and consolidated the aims of our original National Parks and Access to the Countryside Act 1949.

[Mr Newmark]

I am listening carefully to the hon. Lady, but I do not think that any Government Member disputes the right to go about the open countryside; that argument was won a long time ago—congratulations on winning it. We are concerned about the right of individuals effectively to intrude on people’s private property and to get—

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[Mr Newmark]

Thank you, Madam Deputy Speaker. We are talking about the right of an individual to walk on someone’s property, and how to find a way forward, with local councils, on moving a path slightly, so that people can get to their destination.

[Chi Onwurah]

This is all about individuals’ rights to walk on private property, just as I walked over the Duke of Northumberland’s land yesterday. I do not want to belittle or trivialise cases in which property owners experience significant stress, but there are already powers that permit landowners and land managers to apply to a local authority to make an order to divert or close a public path that crosses their land, so additional legislation is not required.

[Bill Wiggin]

rose—

[Chi Onwurah]

I know that other hon. Members wish to speak, but I give way to the hon. Gentleman.

[Bill Wiggin]

Will the hon. Lady tell us her party’s proposals to ensure that the family of Roger Freeman know that no other family will suffer the pain and misery that they have been through?

[Chi Onwurah]

The Bill’s measures on this subject derive from the Natural England stakeholder working group. I think that the hon. Gentleman would agree that finding a consensus between users, landowners and local authorities, and between Ramblers and the Country Land and Business Association, is such an achievement that it should not be jeopardised. If he wants further proposals to be brought forward, he should work with the stakeholder working group to deliver consensus on them. It is imperative that the measures agreed by the working group are implemented as soon as possible. We do not want them to be jeopardised by the new clauses in the group, especially because those new clauses raise several important questions. For example, who would decide that a public right of way was intrusive? Why are the measures necessary when there are already powers that permit landowners to apply to a local authority, as I set out? Who would define what “limited circumstances” were?

A presumption in favour of a diversion would take powers away from local authorities and reduce the ability of communities to have a say. Is this in accordance with the localism agenda, which I thought all Members on the Government Benches agreed with? Local communities, through their local councils, should have the ability to shape their local area. We should support the rights of all to access the countryside and to maintain existing rights of way, especially as the local countryside offers our citizens benefits in terms of health, exercise and mental well-being.

[Mr Newmark]

I shall speak to new clauses 17, 18 and 19.

Many people up and down the country, especially in rural areas, face the daily personal stress and blight of their properties caused by highly intrusive public rights of way across their land, including the gardens of family homes and working farmyards, as well as commercial premises. The new clauses that I propose set out how local authorities should respond to requests to divert or extinguish rights of way, to applications under the right to apply introduced by the Countryside and Rights of Way Act 2000, or negotiation under the new modification consent order process set out in paragraph 5 of schedule 7 to the Bill. Specifically, my new clauses 17, 18 and 19 address and amend sections 119, 118 and 116 respectively of the Highways Act 1980.

It might be helpful for the Minister to have a little context and background to my new clauses. The existence of public rights of way within private property raises several concerns, many of which have been highlighted to me by my constituents. Most important among them is the security of the family and property of the landowner, in particular the security of young children. Having in their backyard a public footpath that anyone can access is worrying for parents and impacts on the daily life of their families.

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[Chi Onwurah]

I echo the Minister’s thanks to all those involved in bringing the Bill to Third Reading, particularly colleagues involved in trying to give it the proper scrutiny it deserves.

This Bill has given a fascinating insight into the Government’s priorities and how they develop policy. On Second Reading I described it as a Christmas tree Bill, but one without the presents, and indeed, the Minister is an unlikely Santa Claus. By Committee stage, so much had been added to the Bill that a colleague said to me that it was more like the Blackpool illuminations than a Christmas tree, and since then there has been yet another festooning—I believe the Government are trying to go for Las Vegas.

My understanding is that when they were putting this Bill together, Cabinet Office Ministers were hawking themselves around Whitehall for regulations that were supposedly choking the economy. What they came back with, however, was a Bill that deregulated the sale of knitting yarn, but was more about removing burdens from Ministers than from the entrepreneurs and business people we seek to support, and of course it had the customary attacks on working people’s rights that we have come to expect from this Government.

[Kelvin Hopkins]

My hon. Friend has described the Bill kindly as a Christmas tree. I think “a dogma-driven ragbag” would be better. The Minister just suggested that household bleach is not a poisonous substance; I would like to see him convince us of that argument.

[Chi Onwurah]

The Minister shows a lack of understanding of what is considered poisonous by many in households across the country, and that goes with a lack of understanding of what the country actually needs to improve the situation of working people.

When the Bill was introduced to Parliament, Ministers estimated that it would save business £10 million over 10 years—20p for each and every business in the country. As my hon. Friend the Member for Hartlepool (Mr Wright) observed on Second Reading:

“It takes four fifths of a second for the British economy…to generate that potential saving”.—[Official Report, 3 February 2014; Vol. 575, c. 97.]

Over the weekend, the Prime Minister’s enterprise adviser, Lord Young said:

“Of course there’s a cost of living crisis”,

so it has taken him four years to come round from “They’ve never had it so good,” to “Of course there’s a cost of living crisis.” We Opposition Members have been saying it for years, and I hope the Prime Minister will now listen.

We need a Bill to help businesses that cannot get the finance they need and to help people who are struggling with energy bills and the cost of living. Families have lost £1,600 a year since the general election, yet this Bill, by its own estimate, will benefit each person in this country by 18p. I think Britain deserves better. It deserves better than a Bill contrived to meet the Prime Minister’s vainglorious goal to leave government, come what may, with fewer regulations than when he entered government—not fewer zero-hours contracts, not fewer youth unemployed, but simply fewer regulations.

On its way through the House, we have seen various measures tacked on to the Bill. Despite a comprehensive and ongoing process of scrutiny of the area, we had three new clauses rammed into the Bill over a 10-day consultation and far too much that we could not discuss today. We had 49 minutes to debate 43 amendments, as my hon. Friend the Member for Chesterfield (Toby Perkins) put it: there is certainly much that we will need to return to in the other place.

[James Duddridge]

Given the need to return to the subject a number of times, would the hon. Lady support an annual deregulation Bill, perhaps driven off the back of Law Commission work? I know from having served on the Joint Committee over 11 months ago that there seem to be a number of other issues that the Government have not been able to include even at late notice, but that should be included in future.

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[Chi Onwurah]

As the hon. Gentleman well knows, the Law Commission excellently pursues the identification of regulations that are obsolete and need to be removed, but given what the Government have placed in this Bill, I dread to think what sort of a ragbag of unthought-through measures would appear in an annual Bill. It is clear that this Government have run out of ideas. This zombie Parliament is not short of time—in fact, we have so much of it that I hear rumours that the recess may be moved by a week yet again—so it is particularly strange that Ministers are rushing through proposals in this way.

We will continue to oppose several other clauses in the other place. Clauses 1 and 2 are unwarranted attacks on employee rights, and Ministers have been unable to produce any evidence or facts to make an economic case for the provisions. As my hon. Friend the Member for Luton North (Kelvin Hopkins) suggested, it is simple dogma. Also, clause 1, which deals with health and safety regulations, will create unwelcome confusion that may endanger lives. Clause 17, on insolvency practitioners, is another clause that we oppose. My hon. Friend the Member for Chesterfield made many excellent points about it earlier, and I shall not repeat them.

Despite those misgivings, we shall not vote against Third Reading, as we remain hopeful that the problems that I have highlighted will be rectified in the other place. However, it is clear that the electorate will have to wait until 2015 for a Government who will take action to end the cost-of-living crisis, improve child care, build the houses that we need, end the abuse of zero-hours contracts, and give guarantees of work to young people and the long-term unemployed. That is where our policy development has focused: not on ad hoc tinkering with knitting yarn, but on real action that will deliver real prosperity for hard-working people in this country.

[Several hon. Members]

rose—