My Lords, Clause 8 as it stood would have set an extremely damaging precedent, removing key protections from our most cherished landscapes. My Amendment 36 sought to address that issue, enabling changes in secondary legislation to speed up the delivery of broadband in rural areas but not removing key protections against changing the long-standing duties in national parks and areas of outstanding natural beauty.
As I made clear in Committee, I can see the argument for adding a further consideration to the Communications Act 2003 for the Secretary of State to have regard to promoting economic growth at the same time as other existing duties, which is what Clause 8(1) proposes. However, the disapplication of the duty to have regard to conserving beauty in other pieces of legislation would be a very disproportionate approach. Clearly the Government do not feel that my amendment gave quite the certainty that they thought they needed, while not undermining key protections for those landscapes. They have therefore drafted their own amendment, which in this group, and with the leave of the House I should like to make a few comments on it.
The Government’s Amendment 36A equates the “have regard” duty to proposed Section 109(2B) of the Communications Act 2003, so that the Secretary of State will be treated as automatically having complied with the “have regard” duties if they have complied with Section 109(2B). It means that the primary legislation in place since 1949 protecting our iconic landscapes remains unchanged. I am extremely grateful to the Government and in particular to the Minister, who has gone well beyond the bounds of the usual standards to listen to Members of this House and to meet with us and hear the seriously held concerns that we championed in Committee about the wider impacts of the clause as drafted. Their willingness to respond to our concerns sends a powerful signal that while the Government are committed to bringing broadband to the greatest number of people they are not intent on nibbling away at essential protection policies for our most valued landscapes. I beg to move.