Natural Environment and Rural Communities Bill. Lords Committee stage third day. Clauses 2-13 agreed to.
Natural Environment and Rural Communities Bill
Committee of the Whole House (HL)
and
Debate on bills on Wednesday, 1 February 2006,
in the House of Lords.
Type
Parliamentary proceeding
Reference
678 c243-94 
Session
2005-06
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Natural Environment and Rural Communities Bill. Brought from the Commons. Explanatory notes HL Bill 23-EN also published.
Wednesday, 12 October 2005
Bills
House of Lords
Wednesday, 12 October 2005
Bills
House of Lords
Proceeding contributions
Lord Renton of Mount Harry | 678 c289 (Link to this contribution)
Perhaps I may develop briefly the wider concern about finance mentioned just now by my noble friend ...
Baroness Byford | 678 c287 (Link to this contribution)
I am grateful to the Minister, especially as he was not expecting to respond to this debate, for whi...
Show all contributions (98)
Lord Jopling | 678 c288-9 (Link to this contribution)
When I read Clause 13, my mind goes back—probably a good deal further than that of many noble Lords ...
Baroness Byford | 678 c285 (Link to this contribution)
I am debating whether Clause 12 should stand part.
Baroness Miller of Chilthorne Domer | 678 c285 (Link to this contribution)
I too was confused, partly because my list of groupings does not have clause stand part, but my far ...
Lord Geddes | 678 c285 (Link to this contribution)
The noble Baroness has not indicated her intention to oppose Clause 12 stand part.
Baroness Farrington of Ribbleton | 678 c294 (Link to this contribution)
I beg to move that the House do now resume.
Moved accordingly, and, on Question, Motion agreed to.
...
Baroness Byford | 678 c292-4 (Link to this contribution)
The noble Lord has indeed gone part way to answering my questions, but has left some questions in th...
Lord Bach | 678 c291-2 (Link to this contribution)
So we believe that Clause 13 strikes the right balance and will enable Natural England to carry out ...
Lord Renton | 678 c291 (Link to this contribution)
I would appreciate that.
Lord Bach | 678 c291 (Link to this contribution)
I have said that these are the equivalent powers that are given to other NDPBs. They are therefore n...
Lord Renton of Mount Harry | 678 c291 (Link to this contribution)
What is the definition of ““incidental or conducive”” in this context?
Lord Bach | 678 c290-1 (Link to this contribution)
There are two issues here: one arises out of the amendment which deals with the incidental powers in...
Baroness Miller of Chilthorne Domer | 678 c289-90 (Link to this contribution)
I rise to raise some questions. I too was reading the two clauses together, but a different question...
Earl Peel | 678 c281 (Link to this contribution)
Well, I did not actually move it. I beg to move.
Baroness Byford | 678 c280 (Link to this contribution)
You need to beg leave to withdraw the amendment.
Lord Geddes | 678 c281 (Link to this contribution)
Things have got slightly inside out and back to front. Does the noble Earl want to reply?
Earl of Erroll | 678 c281 (Link to this contribution)
I have two points. First, if compulsory purchase is to remain in the Bill, the landowner or whoever ...
Baroness Byford | 678 c281-2 (Link to this contribution)
moved Amendment No. 189:"Page 5, line 11, leave out ““provide”” and insert ““commission””"
The nobl...
Earl Peel | 678 c281 (Link to this contribution)
I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No. 172 not move...
Lord Judd | 678 c282 (Link to this contribution)
I urge the noble Baroness to consider that she may be over-prescriptive—almost ideological— on this ...
Earl Peel | 678 c280 (Link to this contribution)
From the very enthusiastic way in which the Minister leapt to his feet I assumed that it would be ga...
Lord Carter | 678 c280 (Link to this contribution)
I only wish that I had moved the amendment—I would have obtained the concession from the Government....
Baroness Farrington of Ribbleton | 678 c284 (Link to this contribution)
We are all at cross-purposes, because Clause 11 gives Natural England powers to charge for its servi...
Baroness Byford | 678 c284 (Link to this contribution)
If that is the case, I apologise to the Minister. If not, it was:"““Page 5, line 23, leave out subse...
Lord Bach | 678 c284 (Link to this contribution)
With the greatest respect to the noble Baroness, I am not sure that her remarks were addressed to Am...
Baroness Byford | 678 c284 (Link to this contribution)
moved Amendment No. 192:"Page 5, line 23, leave out subsection (4)."
The noble Baroness said: This ...
Baroness Byford | 678 c285 (Link to this contribution)
I hope that I am at the right place at the right moment. I still think that I was on the last one, b...
Baroness Byford | 678 c284-5 (Link to this contribution)
I suggest at this late hour, as there is obviously some misunderstanding, that I just withdraw the a...
Baroness Byford | 678 c283-4 (Link to this contribution)
I am grateful for the support that I received from the noble Baroness, Lady Miller of Chilthorne Dom...
Baroness Farrington of Ribbleton | 678 c282-3 (Link to this contribution)
I am in the happy position of being able to agree with virtually everything every noble Lord has sai...
Earl Peel | 678 c282 (Link to this contribution)
It seems to me that Natural England would need the maximum degree of flexibility in these issues. My...
Baroness Miller of Chilthorne Domer | 678 c282 (Link to this contribution)
I must come to the noble Baroness’s defence on tabling this amendment, because it goes back to some ...
Lord Bach | 678 c274 (Link to this contribution)
As is currently the case with English Nature, the Countryside Agency and the Rural Development Servi...
Baroness Miller of Chilthorne Domer | 678 c274-5 (Link to this contribution)
I thank the noble Duke for his support. I am slightly surprised at the Minister’s reply. While I acc...
Duke of Montrose | 678 c275-6 (Link to this contribution)
moved Amendment No. 159:"Page 3, line 24, leave out ““appears to it to”” and insert ““would””"
The ...
Baroness Miller of Chilthorne Domer | 678 c276 (Link to this contribution)
We have similar suspicions to those mentioned by the noble Duke, the Duke of Montrose. Management ag...
Lord Bach | 678 c276-9 (Link to this contribution)
The aim of Clause 7 is to enable Natural England to enter into a management agreement,"““with any pe...
Duke of Montrose | 678 c279-80 (Link to this contribution)
My Lords, I thank the Minister for going into that detail, as we raised a number of issues, and he h...
Lord Geddes | 678 c280 (Link to this contribution)
I must advise the Committee before calling Amendment No. 171 that if it or Amendment No. 172 is agre...
Earl Peel | 678 c280 (Link to this contribution)
moved Amendment No. 171:"Page 4, line 25, leave out subsection (4)."
The noble Earl said: Clause 8(...
Lord Bach | 678 c280 (Link to this contribution)
I apologise for interrupting the noble Earl so early in his speech. He thinks that it must be good n...
Baroness Byford | 678 c280 (Link to this contribution)
I am grateful for that, as my noble friend will be. Does that also apply to the other amendments in ...
Duke of Montrose | 678 c274 (Link to this contribution)
The amendment has slight echoes of our request to have a review. As it might fulfil some of the role...
Viscount Eccles | 678 c268 (Link to this contribution)
I thank the noble Baroness for that clarification and I shall read carefully what she has said. I al...
Duke of Montrose | 678 c271 (Link to this contribution)
As we seem to be addressing ““advice””, two of our amendments are grouped with Amendment No. 135. My...
Baroness Farrington of Ribbleton | 678 c271-2 (Link to this contribution)
Before I address these three amendments to Clause 4, it would be useful briefly to set out what Clau...
Baroness Byford | 678 c268 (Link to this contribution)
I thank the Minister for her courteous response. I have listened carefully to what she has said. She...
Baroness Miller of Chilthorne Domer | 678 c269-71 (Link to this contribution)
moved Amendment No. 135:"Page 2, line 29, at end insert—"
““( ) Natural England shall advise t...
Baroness Miller of Chilthorne Domer | 678 c273 (Link to this contribution)
I thank the Minister for her very helpful reply. I beg leave to withdraw the amendment.
Amendment, ...
Baroness Miller of Chilthorne Domer | 678 c273-4 (Link to this contribution)
moved Amendment No. 156:"Page 3, line 20, at end insert—"
““( ) Natural England shall publish ...
Duke of Montrose | 678 c272 (Link to this contribution)
I thank the noble Baroness for giving way. The distinction we have put between ““give”” and ““provid...
Baroness Farrington of Ribbleton | 678 c272-3 (Link to this contribution)
I am not sure the noble Duke is not reading more into the giving of advice. We do not envisage in an...
Lord Bach | 678 c255 (Link to this contribution)
I echo the comments that this has been a fascinating debate with a huge amount of expertise from nob...
Lord Chorley | 678 c254-5 (Link to this contribution)
There has been a fascinating interchange of views and I am swaying in various directions. It is clea...
Lord Rotherwick | 678 c254 (Link to this contribution)
I have great sympathy with my noble friend Lady Byford’s amendment. Whether correctly drafted or not...
Lord Dixon-Smith | 678 c253-4 (Link to this contribution)
I want to speak as a farmer for a moment. In a sense, the words of the noble Baroness, Lady Miller o...
Baroness Miller of Chilthorne Domer | 678 c252-3 (Link to this contribution)
Before the noble Baroness’s remarks are too distant, perhaps I may say that she has drawn out some e...
Baroness Young of Old Scone | 678 c252 (Link to this contribution)
I thank the noble Lord, but that really inclines me to believe that there is a need for a conflict r...
Lord Judd | 678 c251-2 (Link to this contribution)
Perhaps I may clarify one point. We are obviously agreed that there is great purpose behind the amen...
Baroness Young of Old Scone | 678 c249-51 (Link to this contribution)
I support the sentiment of the amendment if not its exact terms; it could do with a little additiona...
Baroness Miller of Chilthorne Domer | 678 c248-9 (Link to this contribution)
I am grateful to the noble Baroness for tabling the amendment and enabling the debate, because this ...
Lord Renton of Mount Harry | 678 c248 (Link to this contribution)
I declare an interest as chairman of the South Downs Joint Committee, which is a getting-together of...
Lord Tyler | 678 c245-6 (Link to this contribution)
I take the noble Lord’s point, but there is an important principle at stake, which I think that he, ...
Lord Carter | 678 c245 (Link to this contribution)
The semantics here are the words that actually appear in the Bill.
Bishop of Peterborough | 678 c247 (Link to this contribution)
I very much support the principle behind the amendment. I was not intending to speak, but I have bee...
Lord Judd | 678 c246-7 (Link to this contribution)
I support the intervention made by my noble friend Lord Carter. I have a great deal of sympathy with...
Baroness Byford | 678 c243-5 (Link to this contribution)
moved Amendment No. 122:"Page 2, line 15, at end insert—"
““( ) In the event of a conflict ari...
Lord Bach | 678 c243 (Link to this contribution)
My Lords, I beg to move that the House do now again resolve itself into Committee on this Bill.
Mov...
Lord Tyler | 678 c245 (Link to this contribution)
I listened with great interest to the noble Baroness, Lady Byford. I have great sympathy with the in...
Viscount Eccles | 678 c262-3 (Link to this contribution)
I shall speak briefly to Amendment No. 125. On page 47 there is a great list of things which Natural...
Lord Cameron of Dillington | 678 c263-4 (Link to this contribution)
In speaking to my Amendment No. 132, I should first like to apologise to the House because, in my en...
Baroness Miller of Chilthorne Domer | 678 c263 (Link to this contribution)
I shall speak to Amendment No. 131. Clause 3(3)(b) states that Natural England may,"““commission or ...
Earl Peel | 678 c264-5 (Link to this contribution)
I am grateful to the noble Lord, Lord Cameron, for having introduced Amendment No. 132. I appreciate...
Earl of Erroll | 678 c265 (Link to this contribution)
Amendment No. 128 is important. It should not just be up to what the people operating internally in ...
Earl Peel | 678 c267 (Link to this contribution)
The amendment is clearly probing, and the noble Baroness has listened very carefully to what the nob...
Baroness Farrington of Ribbleton | 678 c267 (Link to this contribution)
I thank the noble Earl. On Amendment No. 128 in the name of the noble Viscount, Lord Eccles, if a bo...
Viscount Eccles | 678 c267 (Link to this contribution)
I am grateful to the noble Baroness. However, I still have some reservations about this. It is a dif...
Baroness Farrington of Ribbleton | 678 c267-8 (Link to this contribution)
I am sorry, but the amendment has not been moved because it is not the first in the group. I hope th...
Lord Bach | 678 c255-7 (Link to this contribution)
As I understand it, no conflict resolution clause applies to RDAs; they make up their own minds. It ...
Baroness Miller of Chilthorne Domer | 678 c255 (Link to this contribution)
For the record, it would be interesting to have an example of where an RDA had, to date, made a deci...
Earl Peel | 678 c259 (Link to this contribution)
I thank the Minister for giving way. I think what he says is largely right but, certainly in the Pea...
Lord Bach | 678 c259 (Link to this contribution)
I am probably rightly corrected by the noble Earl, Lord Peel. I am not saying that there have not be...
Baroness Young of Old Scone | 678 c257 (Link to this contribution)
I wonder whether we might tempt the noble Lord to take the view that the two circumstances he has ju...
Lord Bach | 678 c257-9 (Link to this contribution)
I am sure that the noble Baroness is right: it is a question of degree, but who is to decide if it i...
Baroness Byford | 678 c260-1 (Link to this contribution)
I am extremely grateful to all noble Lords who have taken part in this debate—I was going to say ““s...
Baroness Byford | 678 c261-2 (Link to this contribution)
moved Amendment No. 125:"Page 2, line 18, leave out ““keep under review”” and insert ““review at lea...
Baroness Miller of Chilthorne Domer | 678 c259 (Link to this contribution)
I am puzzled by the remarks of Mr Jim Knight in the other place, who implied that there would be suc...
Lord Bach | 678 c259-60 (Link to this contribution)
I do not think that there is any disagreement between what the Minister said in another place and wh...
Lord Bach | 678 c285-7 (Link to this contribution)
If we were wrong about Amendment No. 192 I apologise to the noble Baroness. Certainly, I am slightly...
Lord Carter | 678 c285 (Link to this contribution)
There is no indication of that on the Marshalled List. It is normal to give an indication that you i...
Baroness Byford | 678 c285 (Link to this contribution)
It is not our fault. We have tried three times to get it put on. The Deputy Chairman was quite right...
Lord Carter | 678 c252 (Link to this contribution)
If this were to be adopted, would there be a conflict not in the general purposes of the Bill but be...
Lord Carter | 678 c245 (Link to this contribution)
I did not intend to speak to this amendment but I believe that the noble Baroness, Lady Byford, said...
Earl of Erroll | 678 c247-8 (Link to this contribution)
I think that the amendment is essential. A good civil servant is good at weighing up all the alterna...
Baroness Byford | 678 c287-8 (Link to this contribution)
moved Amendment No. 203:"Page 6, line 3, leave out paragraphs (b) and (c)."
The noble Baroness said...
Baroness Farrington of Ribbleton | 678 c265-7 (Link to this contribution)
It may be helpful if I briefly set out the rationale behind Clause 3. Natural England will be a key ...
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