Memorandum submitted by the Countryside
Agency (Appendix 12)
SUMMARY
1. The Countryside Agency welcomes the Secretary
of State's draft Natural Environment and Rural Communities Bill,
which is a significant step towards implementing the Government's
Rural Strategy published in July 2004. We are committed to continuing
to play a major role in helping to deliver the Rural Strategy
and in implementing the legislation, once approved. In the process
leading up to publication of the draft Bill, we have been pleased
at the willingness of Ministers to involve the Defra-family on
the terms of the legislation and, in particular, the purposes
and provisions relating to the new institutional arrangements
proposed.
THE COMMITTEE'S
QUESTIONS
2. The Countryside Agency's response to
the two areas the Committee intends to consider:
Question 1. Whether the provisions of the
draft Bill differ significantly from the institutional arrangements
proposed in the Government's Rural Strategy.
3. The draft Bill reflects the Rural Strategy's
commitment to establish two new bodies:
— the Commission for Rural Communities
(formerly referred to as the New Countryside Agency)—to
be advocate, expert adviser and independent watchdog on rural
affairs, with a particular focus on rural disadvantage; and
— a new Integrated Agency—to
join up natural heritage and people.
4. Although, of necessity, the draft Bill
deals with those areas requiring legislation, the "package"
(ie Policy Statement, Explanatory Notes and Regulatory Impact
Assessment) also sets out the Government's wider commitment to
devolve delivery closer to the ground and to enhance the role
of regional delivery bodies (eg Regional Development Agencies,
Government Offices, local authorities), which is contained in
the Rural Strategy.
INTEGRATED AGENCY
(IA)
5. The provisions of the draft Bill, as
laid down in Part 1 Chapter 1 in reference to the Integrated Agency,
do not differ significantly from the arrangements proposed in
the Rural Strategy. We welcome the general purpose of the Integrated
Agency and its broad powers, and requirement to contribute to
sustainable development, as set out in Chapter 1 of the draft
Bill.
COMMISSION FOR
RURAL COMMUNITIES
(THE COMMISSION)
6. The draft Bill "package" clearly
outlines the important role the Rural Strategy set out for the
Commission. Part 1 Chapter 2 of the draft Bill sets out the broad
purpose and functions of the Commission. In our view, these are
sufficient to enable the Commission to carry out its remit. The
Policy Statement offers greater clarity and strength to the intentions
of the draft Bill and the Rural Strategy's vision for the Commission.
It will be important to ensure that the Commission has the teeth
to carry out its purpose and functions, as envisaged.
7. The draft Bill and supporting documents
make clear the three main functions of the Commission (Clause
19), as expressed in the Rural Strategy:
— Representation—the Board and
staff will regularly engage with rural people, communities and
businesses;[1]
— Information and advice—evidence-based
and given to government and others on problems and to offer solutions;[2]
— Monitoring—holding government
and others to account at all levels (including Regional Development
Agencies and local authorities).[3]
8. The Explanatory Notes translate these
functions[4]to
mean the Commission is to be advocate, adviser and watchdog on
behalf of rural people, communities and businesses—especially
those suffering disadvantage.
9. The draft Bill makes no specific provision
relating to the role of the Rural Advocate. We recognise that
there are difficulties in setting this role in statute and we
welcome, therefore, the explicit commitment in the Policy Statement
that the Chair of the Commission will be the Rural Advocate.[5]
We also welcome the commitment in the Policy Statement that the
Chair and Board members of the Commission will be in the forefront
of public debate on rural issues and Commission staff will have
a close relationship with rural communities, representing their
view and experiences of life in rural England.[6]
A challenge for the Commission will be how this is to be delivered
imaginatively and effectively within the resources available,
especially Board members' time.
Question 2. Whether the provisions of the
draft Bill, if enacted, would in your opinion allow the Government
to implement its proposals in an effective way.
10. Yes, assuming the other elements of
the Rural Strategy are in place (ie the role of RDAs, GOs and
local authorities in rural delivery). We are also pleased the
draft Bill makes particular reference to the statutory requirement
that the Commission and Integrated Agency should to seek to contribute
to sustainable development through their functions.
11. We have a number of detailed comments.
INTEGRATED AGENCY—CLAUSE
2 (2)
12. Clause 2 (2)[7]
would be strengthened if subsection (c) "securing the provision
and improvement of facilities for the study, understanding and
enjoyment of nature" was broadened by replacing "nature"
with "the natural environment", the phrase used in the
general purpose at clause 2 (1). The Integrated Agency will want
to secure study, understanding and enjoyment across all its purposes,
not just nature.
13. We would also welcome greater breadth
in the interpretation of "facilities" in the Explanatory
Note,[8]
to ensure "provision and improvement" are not limited
to capital expenditure alone.
COMMISSION FOR
RURAL COMMUNITIES—CLAUSE
19
14. We would like to see Clause 19 sub-section
(c)[9]
"monitoring the way in which policies adapted by relevant
person are implemented and the extent to which those policies
are meeting rural needs" strengthened by placing a specific
duty (rather than a permissive power) on the Commission to report
and publish the results of its monitoring of the impact of policies
and delivery. This would strengthen the Commission's watchdog
function.
RURAL PROOFING
15. The draft Bill makes no provision to
embed rural proofing in statute. Since it was formally introduced
almost five years ago in the Rural White Paper (2000), rural proofing[10]has
increasingly become an integral part of the policy-making process,
becoming an important mechanism to ensure that policy takes account
of the rural dimension and that delivery in rural areas is equitable.
We would like to see the role and importance of rural proofing
at all levels of government given additional emphasis. Whilst
it is for Defra to take the lead across government in promoting
rural proofing, the Commission for Rural Communities will have
an important role in helping others to continue to "think
rural" during this period of transition and to monitor and
report on their effectiveness.
POSSIBLE OTHER
PROVISIONS OF
THE BILL
16. The Policy Statement accompanying the
draft Bill invites comments on a number of possible additions
to the Bill.[11]
NATIONAL PARKS
AND AONBS
17. In order to foster a more strategic
and supportive relationship between the Integrated Agency and
the National Park Authorities, we would support the development
of a strategic delivery partnership.
18. In other areas, the Integrated Agency
can clearly add value, particularly with regard to monitoring
their (the NPAs') and others' achievement of National Park purposes
and shared objectives with the Integrated Agency.
19. We support of the possible additions
to the Bill included in Appendix 2[12]for
AONBs and National Parks.
RIGHTS OF
WAY
20. On rights of way, the Government proposes
to use this Bill to remove the right to claim use by mechanically
propelled vehicles where the historic evidence for such use relates
to usage by horse and cart. When the Government consulted over
this proposal, we supported it and do so now, subject to seeing
the detailed drafting of the necessary clauses. It cannot be right
to use historic evidence of non-motorised use as the basis for
claiming use by vehicles of a quite different nature and impact.
However, this may be a contentious issue and we would not wish
it to hold up progress of the Bill in implementing other important
issues. There may be a case, therefore, for the Government to
look for a separate opportunity to legislate on this.
21. We welcome the proposal to extend the
path-creation power, currently held by the Countryside Agency
under the CROW Act, which allows the Agency to provide access
to "open access land". As well as extending this power
to provide "access to any site which the Integrated Agency
recommends", we believe the power should further allow the
Integrated Agency to recommend additional links in the rights
of way network.[13]
We see such a power as being particularly helpful in the creation
of National Trails and improving the alignment of existing Trails.
WILDLIFE PROTECTION
22. Finally, the Government proposes, in
relation to wildlife protection, to amend the definition of nature
reserves, so that their management by the Integrated Agency can
accommodate more explicitly their use for enjoyment of nature
and open air recreation. We welcome this amendment, as an example
of how the new agency will be able to deliver public benefits
across the whole of its remit.
23. We have concerns regarding the possibility
of the Integrated Agency having wider powers to prosecute. We
would envisage the Integrated Agency's role more as assisting
or enabling in this process, rather than one of prosecutor.
The Countryside Agency
February 2005
1 Draft Natural Environment and Rural Communities Bill,
Policy Statement; page 8. Back
2
Draft Natural Environment and Rural Communities Bill, Policy Statement;
page 7. Back
3
Draft Natural Environment and Rural Communities Bill, Policy Statement;
pages 5-6. Back
4
Draft Natural Environment and Rural Communities Bill, Explanatory
Notes; pages 2 and 3. Back
5
Draft Natural Environment and Rural Communities Bill, Policy Statement;
page 7. Back
6
Draft Natural Environment and Rural Communities Bill, Policy Statement;
page 8. Back
7
Draft Natural Environment and Rural Communities Bill, Part 1,
Chapter 1, Clause 2 (2). Back
8
Draft Natural Environment and Rural Communities Bill, Explanatory
Notes; page 8, Subsection (2) (c). Back
9
Draft Natural Environment and Rural Communities Bill, Part 1,
Chapter 2, Clause 19. Back
10
Rural proofing is thinking about whether a policy will have any
significant differential impacts in rural areas. It aims to encourage
government departments and others to "think rural" by
taking account of the characteristics and needs of the countryside
when making and implementing policies, ensuring services are delivered
equitably to rural populations and businesses who have fewer transport
options and where there are fewer outlets or services. Back
11
Draft Natural Environment and Rural Communities Bill, Policy Statement;
page 16. Back
12
Draft Natural Environment and Rural Communities Bill, Policy Statement;
page 22. Back
13
The mapping of access land led to the creation of island sites
with no means of access. This power would provide the relevant
access authority with the ability to create links of access in
the network.
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