Clause 11 - Power to charge for services and licences
Natural Environment and Rural Communities Bill
5:00 pm
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
Clause 11 gives Natural England, with the Secretary of State’s consent, powers to charge for its services. That carries forward similar powers that currently apply to English Nature and to the Countryside Agency in the Environmental Protection Act 1990 and the Countryside Act 1968. Indeed, there are some things that they already charge for. English Nature, for example, might publish a leaflet or pamphlet relating to a reserve that it might charge for. We should bear in mind that we are thinking about that sort of scenario as much as we are thinking about scenarios where neither body currently charges.
The hon. Member for Brecon and Radnorshire is absolutely right to be concerned that before any future charge is levied by Natural England a thorough impact analysis, including not only the appropriateness of a charge but also the level at which it is set, should be carried out. At present, neither of the general charging powers for commercial services that apply to English Nature and the Countryside Agency requires the Secretary of State’s approval before charges are made. The Bill already moves that process forward and contains a more robust safeguard than is currently in place to ensure that any charges will be fair, proportionate and reasonable.
In essence, I say to the hon. Gentleman that we should view this in the following way. The accountability is between Natural England and the Secretary of State and we have put the requirement for the Secretary of State’s approval in the Bill to ensure that that accountability is clear and is maintained. The delivery body, which makes the charge, is Natural England. Therefore, it is appropriate for Natural England to carry out the consultation, rather than the Secretary of State, which is the other way round from the proposal in the amendment. It would be better for Natural England to carry out the consultation and to be accountable to the Secretary of State for that as well as the charge, which is why we have set the process up in that way.
It is not a matter of regulatory burdens but charging for services, and the two bodies already do that. I hope that the hon. Gentleman will rest assured that before the Secretary of State’s approval is given Natural England will need to explain the detailed background to DEFRA in some detail. I hope that he agrees that it is unnecessary for there to be a requirement on the Secretary of State also to consult people—it would create an extra burden for them if they have to be consulted twice—who may wish to benefit from a new commercial service each time before such charges are introduced on a normal cost-recovery basis.