Amendment 12

Part of Crown Estate Bill [HL] - Committee (1st Day) – in the House of Lords at 5:30 pm on 14 October 2024.

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Photo of Lord Berkeley Lord Berkeley Labour 5:30, 14 October 2024

My Lords, I rise to add a little extra interest to the statements made by the noble Lord, Lord Young of Cookham. We discussed this at Second Reading and my Amendment 42, which will come at the end of tomorrow night if we ever get that far, is about the same issue. I go back to the statement made by the Chief Whip of the previous Government, who basically said that the Crown will comply with the legislation if it chooses to; that is a summary. The way it chooses to do it will be published at some time, which is relevant to my amendment.

The reason I am speaking now is because the comments made by the noble Lord, Lord Young, beg the question: who is in charge? Is it the Government or the Crown Estate or, in my case, the Duchy of Cornwall? Each one blames the other and says that they are not in charge, but they actually probably are. They then refuse to have correspondence. I am pleased that the noble Lord, Lord Young, got a letter.

I have a good friend, Dr John Kirkhope, who advises on many issues around the Duchy of Cornwall, which is not much different to the Crown Estate. He tried to get a freedom of information decision on whether he could seek copies of correspondence between the Duchy and the Government—I think that includes the Crown Estate, the Duchy and the Government—on matters of policy. The answer was no. He went back and said, “Here you have an unelected body apparently advising government on matters of policy and that does not seem very right to me”.

Paragraph 16 of the eight-page response from the Information Commissioner’s Office on whether any information should be disclosed says:

The Commissioner considers that the following factors will be key indicators of the formulation or the development of government policy”.

There are then three bullet points.

“the final decision will be made either by the Cabinet or the relevant minister; … the government intends to achieve a particular outcome or change in the real world; and … the consequences of the decision will be wide-ranging”.

The Crown Estate therefore

“advised that it considered direct correspondence as well as correspondence where the Crown Estate and the Duchy of Cornwall had been copied into” and decided that it is reasonable to withhold information.

It looks as if the Crown Estate and the Duchy of Cornwall—we never mention the Duchy of Lancaster, but I think it is rather less difficult—seem to be a Government of their own. This is back to the feudal system, where Ministers, whom we elect and appoint, are unable to effect any legislation regarding the Crown Estate or the Duchy because they are not so important. It is back to the feudal system, and I shall come back to this on Amendment 42.

I hope my noble friend will give the noble Lord, Lord Young, a pretty strong response, because this is something that will go on and on—whether it is escheat or something else. The people affected are getting pretty fed up with the Duchy and Crown Estate playing them and not coming back with a decent response.