Proceeding contribution from Lord Cryer (Labour) in the House of Commons on Thursday, 30 June 2011. It occurred during Debates on delegated legislation on Legislative Reform Order (Epping Forest).
Legislative Reform Order (Epping Forest)
I thank my hon. Friend for making that very good point. I will touch on that further in a minute. Three consultations have taken place, as has been mentioned. One was a straightforward planning consultation conducted by Redbridge council, the local planning authority. The Metropolitan police consultation was one of the most bizarre that I have ever come across. It could be accessed only online, so none of my constituents could write a letter to the Metropolitan police. They had to make their submissions to the consultation online and it dealt only with specific questions. I believe that those factors alone should render that consultation null and void, because it was not a proper consultation. It was conducted entirely on the Metropolitan police's terms, and it excluded an awful lot of people in my constituency who do not have access to the internet. The Home Office consultation focused on section 34 of the Epping Forest Act 1878, which was a bizarre way to go about it, given that that section ceased to be in force in about 1882. I would have thought that someone might spot that. The section of the Act that the consultation should have dealt with is section 7, which I want to quote in full. It states:"““Subject to the provisions of this Act, the Conservators shall at all times keep Epping Forest uninclosed and unbuilt on, as an open space for the recreation and enjoyment of the public; and they shall by all lawful means prevent, resist and abate all future inclosures, encroachments, and buildings, and all attempts to inclose, encroach or build on any part thereof, or to appropriate or use the same, or the soil, timber, or road thereof, or any part thereof, for any purpose inconsistent with the objects of this Act.””" It is difficult to argue that that is in any way ambivalent. It is absolutely crystal clear: that building on Wanstead Flats or in Epping forest—the Act covers the whole of Epping forest—was intolerable to Parliament at the time. The Legislative and Regulatory Reform Act 2006 is being used for the first time to attack the central purpose of legislation from a past era. The 2006 Act has been used in the past to make what can now be seen as relatively minor amendments to legislation, but here it attacks the central thrust of the 1878 Act because it undermines section 7—the whole basis of the legislation. The purpose of the 2006 Act was to remove regulatory burdens, but in this case, it is about removing protection—protection afforded to the people of east London since 1878. This should never have gone ahead and it has probably happened because of all the mistakes made during the consultations. It is almost certainly vulnerable to judicial review if anyone wanted to take up that case. There are, however, one or two guarantees that we need to secure from the Minister at the end of this debate. For a start, we need a guarantee that the muster centre will be gone after 90 days. The original plan was for 120 days; it was then cut to 90 days, so we need an absolute guarantee that the police's muster centre will last for no more than 90 days. Secondly, the Minister has already touched on this matter, but it needs to be made absolutely clear that this will not set any precedent. We are potentially amending primary legislation, which could be used in future court cases to set a precedent that might allow developers to build on Wanstead Flats. That needs to be dismissed absolutely so that in future court cases, today's proceedings can be cited and developers told clearly that the Government had no intention of creating a precedent. We also need guarantees that the order will be complied with to the letter and we need to know how the consultation on the disposal of the £170,000 will be conducted. Who will be consulted, who will run the consultation, and who will make the judgment that the land has been returned to its original use and its original state? I can feel an Adjournment debate coming on at some point in the future if we are not satisfied that all the criteria are being met. In the meantime, I leave it to the Minister to answer these questions.
Secondary information
- Type
- Proceeding contribution
- Reference
- 530 c1189-90
- Session
- 2010-12
- Chamber / Committee
- House of Commons chamber
- Subjects
- Conservation Buildings Finance Environment protection Police Olympic Games Public consultation Recreation spaces Metropolitan Police Redbridge Repairs and maintenance Rents Epping Forest Olympic Games 2012
- Legislation
- Epping Forest Act 1878
- Legislative Reform (Epping Forest) Order 2011
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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