Infrastructure Bill [HL]

Lord Cameron of Dillington Excerpts

Tuesday 8th July 2014 Grand Committee

[Lord Teverson]

My Lords, I very much support my noble friend’s amendment, to which I have added my name. I was looking through Schedule 9 to the Wildlife and Countryside Act to see what sort of things were in it. There is everything from budgerigars to Egyptian geese, night herons and parakeets, so there is quite a bit there. The thing that struck me about the importance of this issue is that if we look at Cornwall not as a nation—which of course it is—but as a sovereign nation, its national bird, which features on its coat of arms with a fisherman and a miner, is of course a chough. It is widely known in Britain as the Cornish chough. Regrettably, it disappeared from Cornwall in 1947, but I am pleased to say that it reintroduced itself from Ireland in 2001 and since then has been fairly active in reproduction and has succeeded in west Cornwall. If we went back and passed this legislation in 2000 and looked upon Cornwall as an ecological area, we would now see the chough as an alien species, despite the fact that it is our national bird. I use that as a broad illustration of the issue. Having said that, it is an important issue. I absolutely support this part of the Bill and see this as a very important area.

We really should not mention Japanese knotweed, although that is in Schedule 9. If we are not allowed to talk about Japanese knotweed I could call it Polygonum cuspidatum.

This is an important area, but clearly animals and plants that have been part of the British habitat over a long period are native species and can return. We all know of important reintroduction programmes that have taken place. We should welcome them rather than outlaw them.

[Lord Cameron of Dillington]

My Lords, I, too, strongly support this section of the Bill. It was very encouraging this morning at the session that some of us attended at Defra to hear that the UK is ahead of the game vis-à-vis Europe in terms of trying to control and monitor invasive species. The more that we can do it, and the quicker that we can do it, the better. However, I am not certain about Amendment 65A; I am not sure that past claims to being native mean that they would not necessarily be invasive now. I agree about certain species—red kites are one, and perhaps the bustard will be another—but let us take a species that has been in the news recently: beavers. Actually, in spite of the newspapers saying that beavers have recently been discovered in the wild in the south-west, they have been running around in the south-west for some years now, as far as I am aware. They say that it is the first time they have around for 800 years but we do not quite know what effect they will have. Their habit of damming streams and blocking rivers—bear in mind that there have been floods recently in the south-west—might be a problem. I feel that that situation would need to be looked at.

Turning to my native Scotland, there is a suggestion that we might introduce wolves there. I have an interest to declare here: my ancestor Sir Ewen Cameron of Lochiel, who was known as the great Sir Ewen, apart from spending all his life in the latter half of the 1600s killing Englishmen, for which he got knighted by the English king as one tends to do—do not ask me why—also killed the last wolf in Scotland. I have always been led to believe that he swung it round his head and wrapped it around a tree, but that may be a detail too far.

The situation has changed dramatically for wolves in terms of both population density and livestock density in Scotland. So I do not think that you can put a provision like this in the Bill. Every species has to be judged according to its particular habits and interests in relation to the countryside today.

--- Later in debate ---

[Lord Teverson]

If I may interrupt the noble Lord, in Cornwall recently—last year, in fact—a company with which I have familial connections produced grey squirrel pasties, which were extremely successful, and there were no demonstrations whatever outside the shop.

[Lord Cameron of Dillington]

I am sure that the appetites of the Corns are something to be praised in this respect. My point is that I hope that this principle will not be too rigorously followed when dealing with invasive alien species in future.

[Lord Berkeley]

My Lords, I bow to the expertise of previous speakers because I am no great expert in species. The previous three speeches have demonstrated that it will be quite a challenge to decide what is in and what is out. The issue seems to be very subjective and no one is fighting tonight, but I expect that the experts will fight in the future.

I have two examples—and I do not know whether they are in or out; perhaps the noble Baroness can help me. I have a quote from the Western Morning News last week, under the headline:

“UK ladybirds are being eaten by their invading cannibal cousins”.

Ladybirds are now cannibals that are eating either the five-spot or two-spot ones—I could go on—and invade at the speed of 200 kilometres a year. Even though they came in 20 years ago, I do not know whether they have reached Cornwall yet. Maybe the noble Lord, Lord Teverson, will know. Are they included? Have they been here before? Where would it be?

My other example is from three or four years ago when a friend of mine discovered that the Duchy of Cornwall was introducing Japanese oysters into the Helford River in Cornwall—we seem to have been in Cornwall a lot, but I cannot help that—without doing an environmental study or getting permission. Oysters were put in the cages, which all looked very nice, and some people liked them and some did not. However, after a year they all died, which may have served right those who introduced them, but it killed every other oyster in the river—the native oysters. I do not know whether those Japanese oysters would come within the context of this part of the Bill. Those that came from Japan certainly killed all the local ones, and it was of some comfort when my friend took the duchy to court. Its defence was that it believed that, for all practical purposes, it was above the law. I do not know whether that was why the court found against the duchy because the matter is still sub judice. That is an example of someone bringing in a species and perhaps not following it through to see if it was the right one to bring in.

That is why I tabled my Amendment 71. When I was researching it, I thought, “What is a species?”. I looked it up on some web dictionaries, and the best definition seems to be the wording that I have put in the amendment. Does it cover things in the air, be they birds, insects or whatever? Does it cover animals, birds or whatever that walk on the ground? Does it cover things in the water? That is a pretty important place from which we should start. It would be very good if someone could give a definitive answer so that we knew what the context was and where we might go from here.

Infrastructure Bill [HL]

Lord Cameron of Dillington Excerpts

Wednesday 18th June 2014 Lords Chamber

[Lord Cameron of Dillington (CB)]

My Lords, I declare my interests as a farmer and landowner. This is an interesting Bill and it must have been an interesting conversation deciding what to call it, considering the wide variations in its parts. However, the kernel of the Bill is that the continuous modernisation of our national infrastructure is important to our economy and social well-being. It is an unfortunate fact of modern life in the UK that we are overreliant on our ageing roads system and, unless we continue to invest in it, our economy and lifestyle will suffer badly, and in my view is already doing so. In England in particular, we are a very overcrowded nation and without good roads much of our lives can be wasted sitting in jams.

The privatisation of the Highways Agency may result in improved efficiency and better long-term planning, but there is no doubt in my mind that the important bit of Part 1 is the road investment strategy. Without properly planned and increased investment, the rest of Part 1 is a mere shuffling of deck-chairs. We need a constant supply of regular money over many years with the degree of certainty that will encourage constant investment by others: hauliers and other logistic businesses; manufacturers that depend on our roads for the delivery of their goods from regions that desperately need that manufacturing investment; and our tourist industry, which needs the certainty of an easy flow of visitors.

One region which is dear to me, and which desperately needs both manufacturers and tourists but lacks the necessary road links, is the south-west of England. The A303 has for years been stymied by the blockage of Stonehenge, where English Heritage, the National Trust, the Department for Transport and others have been arguing for nearly 30 years as to who has the right to do what and to whom. Meanwhile, the prevailing sentiment seems to have been that it is not worth investing further west until that problem has been solved. I strongly disagree with that sentiment. If you are trying to deal with a blocked drain, which is not a bad metaphor for the A303, then you want to start at the bottom end so that work can be done without being swamped by sewage—or excess traffic in the case of a road. As far as I am aware, all the plans for a continuous dualling of the A303 have already been developed, and now we just need the investment to get on with it. Therefore I hope that the road investment strategy will point us in the right direction in the immediate future. However, of course the Bill makes no commitment as to the availability of funds for the improvement of our road infrastructure.

On Part 2, which deals with the control of invasive non-native species, noble Lords would expect me as a farmer and landowner to be firmly supportive, and I am. For many years I have wished that the UK could take as strong a line on these matters as do the Governments of, say, Australia and New Zealand. Admittedly, their economy is perhaps more dependent on what they grow than ours is. However, they spend a lot of manpower and resources protecting their borders against invasive alien species, and dish out very severe punishments on those who ignore the rules, of course having spent a lot of money in the first place on ensuring that everyone knows them. It would be good to see a few more officious-looking posters at our ports and airports, not to mention sniffer dogs.

Unlike us, Australia and New Zealand also possess what might be described as better natural quarantine borders, but I am pleased to note that the whole issue of invasive alien species has recently had considerable EU interest. It has been calculated that invasive alien species currently cost the EU around €12 billion per annum. The figure for the UK, which the Minister already mentioned, is around £1.7 billion per annum. I therefore urge the Government to continue to work with the prevailing enthusiasm in the EU because undoubtedly, without the co-operation of our neighbours, we cannot hope to win that particular war on our own. There are already some 282 invasive alien species in the UK which we are struggling to control. As we are a seafaring nation, it is important to note that marine ballast water contains some of the greatest dangers to us, and alien marine species such as Japanese wireweed could pose an even greater threat than, say, the land-based Japanese knotweed mentioned by the noble Lord, Lord Teverson. Therefore, my main question to the Government on Part 2 is the same as for Part 1: where will the extra money come from to promote and enforce this new campaign?

In Part 3, the bit that worries me the most is Clause 20. I would love to be told that I am worrying unnecessarily, but rumours abound that the Government intend to discourage the practice of local councils insisting on a percentage of any development being built as affordable housing. When I say “any development”, I refer in particular to the very small developments of the kind you find in rural villages. It is there that affordable housing is most needed to enable local families to stick together and support each other, and where social services find it so difficult to reach. It is there that local families, who have probably been part of the village for generations, find that the ever rising value of freehold houses, combined with new money from the cities, removes their supply of rented accommodation while putting the freehold accommodation way beyond their means. It is there that affordable housing is socially at its most important, and must under no circumstances be lost in the future mix of rural development. I therefore hope that the Government can alleviate my worries concerning the hidden implications of that clause or of the Bill.

In Part 4, the concept of local community involvement in renewable projects is a good idea. I hope that it will discourage knee-jerk local opposition to renewable schemes and encourage communities to be part of the solution to the problems of our energy industry and its huge effect on climate change. It is right to limit the investment to 5%. If locals were allowed to compulsorily purchase a much higher percentage, I can foresee opposition groups using the scheme as a Trojan horse for undermining the projects rather than for supporting or benefiting from them.

However, bearing in mind that many of these renewable projects take place in remote and semi-remote parts of the country, not a great deal of local money is available for investments of this sort—as I have already explained when referring to rural housing issues. Therefore I am not sure that this part is going to be much more than just an idea, unless the Government set up some sort of funding arrangements to assist local groups to achieve the investment they seek. Renewable schemes are by their very nature highly capital-intensive and a £5 million project would not be a very big scheme. However, the quarter-of-a-million-pound investment, which represents 5% of that, would be way beyond the means of most rural communities, which struggle to find even £5,000 to repair their village hall or church. Maybe the Government could help to get the message across to the banks that community loans for these purposes should be relatively risk free and do not necessarily need outside collateral. Maybe the Government could underwrite a percentage of the loan involved.

In Part 5, the great unstated provision, we are led to believe, is that of changing the law of trespass to allow for fracking. On the whole, I would go along with the rumoured proposals. I cannot believe that I, as a landowner, should have rights over my land down to the centre of the earth, where presumably I would meet the rights of some Australian landowner coming the other way. There must be a limit to the depth of my ownership and some 500 metres below sea level would seem amply fair to me.

However, as a supporter of fracking, I just say that surely one of the objectives must be to get the locals on side. Taking Part 4 as a model, would it not be a good idea to offer a 5% share issue in a fracking project to a local community? What is good for the goose might also be good for the gander.

Generally, I welcome the Bill and look forward to discussions on the wide-ranging various bits of it in Committee.

Growth and Infrastructure Bill

Lord Cameron of Dillington Excerpts

Wednesday 30th January 2013 Lords Chamber

[Lord Renton of Mount Harry]

My Lords, I declare an interest in this matter, as I live in the South Downs National Park; indeed, I have lived there for a great many years. I was pleased by and interested in what the noble Baroness, Lady Parminter, said, which I strongly support.

Under subsections (1) and (2) of Clause 8, the Secretary of State can make regulations that will override the duty on the national parks to conserve beauty, from the 1949 Act, in favour of promoting economic growth. The same applies to the duties of the public authorities in the Countryside and Rights of Way Act 2000. What does this mean? It means a tremendous falling off of the power and strength of national parks, to be taken over by the relevant Minister.

In that connection, I cite one instance from my area. A year ago, E.ON submitted a planning application to run a cable from near Worthing—where it will emerge from the sea, connecting 100 wind turbines that are to be built about seven miles offshore from Seaford—to E.ON’s substation in Bolney, some miles from Brighton. This takes away from any real strength on the part of the South Downs National Park. It is proposed that the cable will be laid across the downs; it will be put underground. After some discussion with the national park, the application was called in by the appropriate Minister, as provided in law, on the grounds of its importance in the national interest. Surely that shows, sadly, the way in which we are going.

I remind noble Lords that the South Downs National Park was only a consultee on the application and now has no planning authority on it at all. As a consultee, the park authority pointed out that the cable did not serve the park’s two statutory purposes: first, to conserve and enhance natural beauty, wildlife and cultural heritage; and, secondly, to promote opportunities for the understanding and enjoyment of the park’s special qualities. All of that has gone. Instead, it will be up to the Minister to respond in the way that he thinks appropriate.

It is clear to me that an applicant seeking to run power lines across the South Downs will now have a fair chance of doing so, notwithstanding the level of protection that Parliament gave to the national park in the 1949 Act. If I am right about the Minister being allowed to take the decision away from the park authority, the process will be made so easy for him that I wonder why he needs Clause 8 in the Bill at all. This is therefore a matter for clear, keen thinking. Surely we do not want to remove the power, actions or knowledge from national parks and put them into the hands of Ministers when, frankly, they may not really know very much about the job.

[Lord Cameron of Dillington]

My Lords, I come to this clause and this group of amendments entirely from an economic perspective. I am very much in favour of greater economic growth for our countryside because, frankly, all too often our rural deprivation is ignored, and I am as keen as anyone that entrepreneurs and businesses should be given all the help they need to thrive throughout rural England. It goes without saying that broadband and all the modern means of communication are a crucial godsend to the diversification and profitability of our rural economy. However, I have also always believed that the economy of our protected areas, such as the national parks and AONBs, is very much dependent on their beauty. Not only do these areas attract tourists and other visitors who spend their money there—indeed, because of these protected areas our national economy attracts visitors who spend their money in this country generally while going to or from those areas—but their beauty affects the valuable branding of all the businesses within the designation.

The economic benefit to these businesses depends on the retention of the beauty with which the area is associated. Branding could obviously affect agricultural or food products—South Downs lamb, for instance, and Exmoor ale. It could even affect other products such as dales furniture and so on. Brand names are important in marketing; if they inspire visions of beautiful countryside and fresh air, as cool as a mountain stream or whatever, then they are also very valuable. It seems right that for economic reasons, as well as for social and environmental reasons, we should truly protect our protected areas. We must never allow them to be nibbled away at in the way that this clause seems to be doing.

This is not to say that anyone is trying to prevent modern economic activities in our national parks—indeed, far from it: the national parks authorities have a statutory duty to promote the economy within their territories. In this case, that is exactly what they seem to be doing. As the noble Lord, Lord Adonis, said, 97% of the 392 applications for prior notifications on overhead wires and cabinets have been approved. The current system allows for meaningful discussion about where and how they should be introduced. If in 97% of cases an agreement has been reached, I see absolutely no benefit in changing the current situation. I am quite happy to make the current, meaningful discussions statutory or mandatory, as proposed in some of the amendments in this group, but it seems to me that economic progress is already being accommodated in our national parks. At the same time, the crucial purpose of our protected areas as valuable heritage and economic assets is being protected, so we should leave well alone.

Isles of Scilly: Helicopter Services

Lord Cameron of Dillington Excerpts

Wednesday 24th October 2012 Lords Chamber

[Lord Cameron of Dillington]

My Lords, are the Government aware that the cost of transport to the Isles of Scilly is four times more expensive than that from the mainland to the Scottish islands over an equivalent distance? As a result, businesses and the tourist industry in the Scilly Isles are suffering badly and are in rapid decline when compared with those industries in the Scottish islands. The total absence of a ferry service, as already mentioned, between November and March means that running a business or even leading a normal life is becoming a pretty precarious enterprise in the Scilly Isles.

[Earl Attlee]

My Lords, I have read carefully the report produced by the Council of the Isles of Scilly comparing transport services to the islands with those of Scotland. It is a well written report, but I would point out that the situation in Scotland is different because it involves much more complicated and wide-ranging services that cannot be operated on a commercial basis. At the moment, the service to the Isles of Scilly is operated on a commercial basis.

Localism Bill

Lord Cameron of Dillington Excerpts

Monday 10th October 2011 Lords Chamber

[Lord Cameron of Dillington]

My Lords, I rise to speak to my Amendment 203ZA and to ask one or two questions about the Government’s new amendments and proposals. However, before doing so, I should like to thank the Government for listening to the debate and to the concerns of this House in Committee, and for listing to the numerous comments they have received from outside bodies. In particular, I thank the noble Baroness for her understanding and flexibility throughout all this. While I am not totally satisfied with what we have now, it is fair to say that we can work within the rules that she has set out. I still think that the red tape is a good example of what all Governments do, which is to go over the top. However, the Government having moved so far and the fact that we have had extensive debates, we—or certainly I—will accept where we are now.

My amendment is designed to pre-empt the regulations that, I gather, will give the landowner only 28 days to appeal for a review of the nomination of his or her asset. This is a short period in which to prepare a case and supply the necessary evidence. Such haste is not warranted because such a review will probably take place at a time when the assets are nominated rather than when an asset is about to be sold. Therefore, there is unlikely to be any real urgency at this time.

More importantly, the asset is actually on the list until it is taken off and the community’s interests therefore remain protected during any pause, and thus a delay is to the community’s advantage and not the landowner’s. It is therefore right that the latter should have more time to prepare their case for appeal. In my amendment I have suggested a period of 60 days. I hope that the Government can agree with me.

I have three questions on the proposals put forward by the noble Baroness—actually, my third question relates not to those proposals but to part of this chapter. My first question relates to Amendment 202H on nominations from voluntary or community bodies with a local connection. I am concerned about the use of this provision and the possibility of vexatious claims, nominations and proposals. There need to be firm rules to prevent them. I realise that these rules will, I hope, be forthcoming in the intended regulations, but I was hoping for some indication of the Government’s thinking at this stage. How longstanding does a group have to be before it can put forward a nomination? How many people have to be involved? Is there a percentage of the population of the community who must be involved? Do they have to be registered as charities, or if they are sports organisations or other clubs, do they have to be affiliated to a regional or national body? What is to stop a husband and wife or two neighbours forming the “Ambridge Tiddlywinks Society” today and trying to register a piece of land tomorrow? I hope that the Minister can provide helpful words of wisdom on that.

As to my second question, what is the reason for the Government requiring lists of unsuccessful nominations? I am not complaining about that but I want the reasons to be spelt out for me. Is it to put that land definitively beyond the reach of any community group and to make that knowledge public, or is it to announce to the world that this land nearly made it and maybe next time, with a bit of careful rewording, it will make it? If, as I hope, the latter is not the case, why remove the nomination from the failed list after a period of five years, as opposed to there having to be a change of circumstances involved—which would seem to be a much better way forward?

Finally, I refer to Clause 80(6)(d), which states that regulations will provide for appeals against an adverse review of a decision to nominate an asset. As I understand it—I am not sure that this remains the case, but I have seen it somewhere—the appeal will be judged by the same council that carried out the review in the first place. This must be wrong. Everyone knows that whenever possible a local council, or for that matter any other body, will favour its own team against an outsider. Would the Government be prepared to rethink that proposal? Would they be prepared to consider an independent outside body to look at such further appeals against a decision on review, and to state now clearly on the Floor of the House that the regulations will affirm that?

Transport: Penzance and Isles of Scilly Ferry Service

Lord Cameron of Dillington Excerpts

Tuesday 22nd March 2011 Lords Chamber

[Earl Attlee]

My Lords, the noble Lord will appreciate that the Scottish shipping operations are much more complicated than the service to the Isles of Scilly.

[Lord Cameron of Dillington]

The situation is even worse than the noble Lord thinks. The helicopter company that provides the link between Penzance and the Scilly Isles has just sold its Penzance airport to Sainsbury’s and has yet to find another site.