HL Deb 18 February 1985 vol 460 cc432-4

5.42 p.m.

Lord Wallace of Coslany

My Lords, I beg to move that the Bill be now read a third time. I hope that the noble Lord, Lord Skelmersdale, will have a more relaxing time than he has had dealing with ironstone and other matters. We are getting back to the soil. In moving that this Bill be now read a third time I should like to say that I hope that one day in the distant future a government will consolidate and update the allotment legislation which exists. There is a need for that which successive governments have so far failed to meet.

The Bill before the House is a modest measure but it effects a number of important reforms. Subsection (1) of Clause 1 provides the means of closer contact between the local authority and allotment tenants. I should like to quote from an article in Garden News, dated 16th February, to show the sort of thing that could arise as a result of this contact. The article is written by a character called Jack the Carrot. He says: I think we are very fortunate in Islwyn Borough, where I live, to have a good working relationship with the council. Our allotment site is council owned, like many others in the area. And every three months of the year, we as an allotment group meet the council sub-committee to discuss our problems and needs regarding allotment activities". I hope that the new Clause 1 will achieve something on those lines in many other areas.

In paragraph 2 of Schedule 1, devolved management of allotment gardens is brought into the legislation. Here, considerable savings of manpower and cash could be effected by the local authorities making agreements with the allotment tenants' associations. In Clause 2, allotment gardening is given recreational status in legislation. Although this is generally accepted by the Government and some local authorities, it is necessary that it be given legislative effect and be confirmed by a decision in the High Court.

In paragraph 4 of Schedule 1, a standard for allotment gardens is set to be achieved in order to meet modern reasonable requirements. In paragraph 5 of Schedule 1, protection is given to land acquired by deed of gift of legacy. In Clause 1(2) the expression, "statutory allotment gardens", is defined in legislation for the first time; hitherto there has been no legal definition.

Those are some of the important provisions of this Bill. Other necessary provisions are made. During the various stages of the Bill I have made—I think the Government will concede this—maximum efforts to meet Government criticisms. I am not ungrateful for the comments by the noble Lord, Lord Skelmersdale, because, although he pulled my leg at times, I have given his comments very serious consideration. This Bill is supported by allotment organisations, national and regional, and there are now no objections from local authority associations as all their points have been met.

In conclusion, I should like to say that I am grateful to noble Lords in all parts of the House for their interest and support. I have found many keen gardeners in your Lordships' House, and, as the Bill passes to the dangerous waters of another place, I am not alone in asking the Government for at least a fair wind and some degree of patient tolerance. I beg to move.

Moved, That the Bill be now read a third time—(Lord Wallace of Coslany.)

5.46 p.m.

Lord Skelmersdale

My Lords, we live in hard times, both in the weather and in the economy. As your Lordships will know, it has been my constant theme, throughout the debates on this Bill and its predecessor, not to do anything that might foster among local authorities a feeling of being got at by Parliament. I accept that during the passage of this Bill the noble Lord, Lord Wallace, has fallen over backwards to lighten this burden. However, as he well knows, there are up and down the land councils which are unlikely to have the records in a form which the Allotments Society would be able to use under the proposals contained in this Bill. Nonetheless, I am most grateful to the noble Lord for his co-operative attitude throughout our debates.

Lord Graham of Edmonton

My Lords, first I should like to thank my noble friend for his persistence. I think that the Minister will agree that at each stage of the Bill my noble friend has listened very carefully to the legitimate queries that the Minister has advanced. The queries have been largely on the grounds of practicality. Each time the Minister has made a point my noble friend has sought to come back with an improvement or something to take it into account. Although the Minister is right to say that there will always be some authorities which legitimately will say it is difficult, I am heartened by the remarks of my noble friend, who indicates that at this stage it appears that the local authority associations, which of course cannot speak wholly for every single one of their members, are saying that what we are seeking to achieve is achievable.

At the end of the day, as with all legislation, there is an onus upon the local council to actually decide it is going to do something about a duty which is laid upon it; and that is where I think there is going to be some difficulty. I hope very much that the Minister will seek not to impede the Bill. As my noble friend has said, all he wants is the assurance that in another place it will be treated with the seriousness and, I believe, the good will that has been seen from your Lordships on all sides of this House. My noble friend has made it crystal clear that there is a need for this legislation. I believe that the benefits are real. I congratulate my noble friend on the valuable contribution that he has made for millions of people who rely upon some improved framework for their allotment work in the future.

On Question, Bill read a third time, and passed, and sent to the Commons.