Cities and Local Government Devolution Bill [Lords] — House of Commons, 2015-12-07
Topic: Public Lands
James Wharton (Conservative, Centre-right): Devolution is a bottom-up process; it is done by consensus. I know that the hon. Gentleman will have a significant opportunity further to discuss some of the relevant provisions today, but where we see bodies that have the capacity to co-operate, we want to empower them to do so. We want to give them the levers they need to deliver such things as better public services and economic development. The first step towards that is to confer the powers that the bodies will need to achieve it. What the amendments do is to start the process of empowering our national parks authorities so that they can not only contribute on flooding and resilience, but better the offer that they can make to the public to improve the work they already do so well New clause 7 confers new general powers on national park authorities in England, along similar lines to those conferred on, among others, fire and rescue authorities and integrated transport authorities in chapters 2 and 3 of part 1 of the Localism Act 2011. I should make it clear to Opposition Front Benchers that those general powers are intended to enable a national park to do more and to do it better; they are not a back door to fracking or shale gas development, and will not affect the approach that we intend to take in that regard In England, our nine national parks include some of the country’s finest landscapes, beautiful vistas and exciting wildlife. They are part of our national identity. National parks protect those landscapes for future generations so that we can all enjoy them. They are the cornerstone of many rural businesses. The new powers for national park authorities will allow an authority to act as an individual could—with certain limitations—in relation to its functions. For example, a functionally specific power of competence will allow a national park authority to act through a company, and will allow authorities to trade in a broader way than they currently can National park authorities have themselves asked for that power, because they consider that it will enable them to act in a more entrepreneurial and innovative way. For example, they consider that they will be in a better position to enter into partnerships to support growth across our rural economy. Jim Bailey, the chair of National Parks England, has said: "We are pleased to see the Government introduce this amendment. This will help National Park authorities to maximise opportunities to fulfil our statutory purposes" The measure will allow national park authorities to participate fully in devolution deals—an example is Northumberland national park authority's request as part of the north-east devolution deal—and to seek additional sources of funding to assist further their work in supporting rural economies It is important to note that a power of competence does not override existing legislation. National park authorities will therefore be bound by their statutory purposes: conserving and enhancing the natural beauty, wildlife and cultural heritage of an area, and promoting opportunities for the understanding and enjoyment of the special qualities of the area. It is also important to note that the power will not be used by national park authorities as an opportunity to start charging for entry. As all but a very small percentage of land in national parks is owned privately rather than by the national park authorities, they could have no legal basis for charging Let me also make it clear that the new powers will not be used to encourage or permit too much, or inappropriate, development. National parks are designated under the National Parks and Access to the Countryside Act 1949 for their natural beauty and opportunities for open-air recreation. Under the Act, they have the two statutory purposes to which I have just referred. The statutory framework of protection and consents will remain unchanged, and, in using their new powers, the park authorities will not be able to promote or permit activities that are incompatible with those statutory purposes The powers given to the Secretary of State, by regulation, to restrict the use of powers by national park authorities in a particular way relate solely to the new clause, and not to their existing powers. Other than those concerning the furtherance of national park purposes, which are retained, the new powers replace the existing general powers of national park authorities under the Environment Act 1995. The new powers are considered more extensive, but the old ones are being repealed to avoid overlap Amendment 51 is a minor and technical amendment to schedule 5. It contains consequential amendments to section 65 of the Environment Act We are making these changes in response to effective representations that we have received from a number of Members, and from National Parks England and national park authorities. I hope that they will be broadly supported by Members on both sides of the House.