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The Forest of Dean District Council - Agenda item - Councillor Andrew Gardiner - Forest Land

Agenda item

Councillor Andrew Gardiner - Forest Land

To avoid repeated attempts to Privatise the Royal Forest of Dean  this council should do everything in its power to consolidate and enhance the exemptions from sale pertaining to the Statutory Forest of Dean and the protected contiguous woodlands (of Highmeadow, Clearwell and Hope).  Furthermore because an enabling bill would empower ministers to act unilaterally and remove effective parliamentary scrutiny ,  this council,  should seek enhanced protective designations along the existing Forestry Commission model and administration.

 

Minutes:

This item was deferred from the adjourned meeting on 2 December 2010.

 

Cllr Gardiner proposed and Cllr Stephens seconded the following motion, amended slightly from the one at the agenda:

 

To avoid attempts which could lead to Privatisation of the Royal Forest of Dean - this Council should do everything in its power to consolidate and enhance the exemption from sale pertaining to the Statutory Forest of Dean and the protected contiguous woodlands of Highmeadow, Clearwell and Hope.  Furthermore, because an enabling bill would empower ministers to act unilaterally and remove effective parliamentary scrutiny, this Council should seek to extend and consolidate the protective designation of the Forest, afforded by Section 39 (2A) of the Forestry Act 1967.

 Therefore this Council to;

  1. Write to Mark Harper MP and Prime Minister David Cameron MP, and electronically copy; the Secretary of State, Baroness Royall of Blaisdon; Members of Parliament; Member of the House of Lords and all local authorities, requesting their urgent action and support to exempt the Royal Forest of Dean from Clause 17 of the Public Bodies Bill, and, 
  2. For a deputation of Member’s representatives from All Groups and Officer/s and co-opted expert/s to visit and meet with those engaged in the Public Bodies Bill passing through the Lords and Commons, namely to include Lord Taylor and the Secretary of State, Caroline Spelman before the Bill is introduced in the House of Commons.
  3. For the Solicitor of the Council to coordinate matters included in bullet point 2 and the Head of Paid Services to co-ordinate matters included in bullet point 1.

 

 

Cllr Gardiner asked that councillors redeem themselves by showing unity to avoid the chaos of the previous week’s meeting. He pointed to the considerable debate in parliament relating to the 1981 bill. The rights and privileges had been earned in blood, sweat and toil by the people of the Forest of Dean. Councillors owed it to the electorate to preserve those rights.

 

Cllr Martin believed that the motion was straightforward and eloquent and hoped that it would be passed without the need for protracted debate.

 

Cllr Stephens agreed, adding that it was essential to act quickly, as there was no time to lose with the Christmas break looming.

 

Cllr Dalziel referred to an email she had sent all members containing links to Hansards and the strength of the 1981 amendment debate. The matter should not be party political.

 

Cllr Shenoi sympathised with members’ concerns, but asked what the motion would actually achieve. He suggested that planning policy was the most powerful weapon.

 

Cllr Morgan fully supported the views of the people of the district and believed that the motion was sincere.

 

In support Cllr East reminded members that they were there to be the voice of the people.

 

Cllr Amos said that he believed all councillors held dear the historical rights of the people of the district. He was satisfied with the action achieved by passing the motion at item 11.3 of the agenda. The council should now wait until the detail of the government white paper was known. He had spoken to the local MP, who had confirmed that the government was committed to take into account concerns of the people. The MP had pledged to protect the Forest of Dean. The council had time for further action, as the bill would take time to progress. He reminded the meeting that both houses of parliament had to agree the bill and that the House of Lords had no overall majority. He added that whatever the outcome any proposed changes to the Forest would entail receiving planning permission and felling licences.

 

Cllr Edwards quoted from a letter written by Jim Paice MP, which stressed the protection of the valuable bio diverse forest and public rights of way.

 

Cllr Hogan responded that parts of the letter referred to were lifted to formulate the motion resolved at item 11.3. He reminded the meeting that normally a green paper preceded a white paper, but not in this case. The white paper reflected government policy, which would not change. The danger lay in the Public Bodies Bill, which would allow ministers to act independently. Unless there was a rebellion in the houses of parliament the passing of the bill would be a rubber-stamping exercise. The council must not sit back, but make sure it understood what the people of the district wanted. He added that the right to roam did not extend to bicycles or horses. The Forest would only be protected if it remained in public ownership. The time to act was the present, as any changes to the Forest would be permanent.

 

Cllr Meredith Edwards commented that the best form of defence was attack. The council should not wait and see, as time was short, but should stand up and be clear in expressing the feelings of the people that the government do nothing to change the Forest. 

 

Cllr Sterry said that the coalition government had done nothing to gain the trust or respect of the people of the Forest.

 

Cllr Lawton was concerned that the meeting was going over the same ground as at the previous meeting. Not one member would support a sell-off of the Forest. However until the white paper was published, the government’s intentions were not known. He was surprised that some members could not support the amended motion in item 11.3, which had been resolved. He proposed that the motion be put.

 

However the chairman ruled to hear the remaining speakers.

 

Cllr Goodlad believed that from press articles the view of the majority of residents was clear and commented that councillors had been elected to reflect the interests of their electorate. If the people had simply waited for previous health proposals and not backed the SOS campaign the district would have lost its two hospitals. She added that the louder the voice the more likely it was to be heard.

 

Cllr Robinson noted that almost all the speakers supporting this motion had voted against the motion resolved at the previous meeting, suggesting that it was hypocritical of them to now insist how urgent it was to act. That resolved motion sent a clear message to central government. The Public Bodies Bill would take many months to be passed into law and give time for issues to be resolved. It had been right for the council to put down its marker and the task now was to put together a plan. This motion seemed to advocate charging off in all directions at once.

 

Cllr Hogan challenged Cllr Robinson’s comments, citing the member code of conduct in the constitution, but the chairman informed him it was a standards matter and not for her to rule on.

 

Cllr Henchley said that she could not understand the ruling group’s opposition to the motion. She too was disappointed with the use of inflammatory language. The motion passed under item 11.3 had been weak and did not put forward the unique position of the Forest. It was important for a deputation to explain to ministers that unique position and to write to others before the white paper were published.

 

Cllr Preest thought that members were close to a consensus view, but believed that group leaders should do what had been done in relation to the SOS campaign, namely to sit down together and work out a common approach with the same kind of concise, precise unified messages.

 

Cllr Lawton proposed and Cllr Edwards seconded that the motion be put.

 

The voting was as follows.

 

For (24) – Marrilyn Smart, Venk Shenoi, Carol Allaway Martin, Roger Yeates, Keith Aburrow, David Easton, Georgina Bensted, Grace Bensted, Len Lawton, Peter Ede, Alastair Fraser, James Bevan, Derek Biddle, Alan Preest, Sue Henchley, Terry Hale, Terry Glastonbury, Denis Riley, Patrick Molyneux, Brian Robinson, Peter Amos, Diana Edwards, Martin Quaile, Richard Long,

 

Against (17) – Marion Winship, Nikki Goodlad, Philip Burford, Mike Meredith Edwards, Norman Stephens, Arthur Thomas, Maria Edey, Dave East, Andrew Gardiner, Heather Dalziel, Paul Hiett, David Thomson, Bruce Hogan, Lynn Sterry, Max Coborn, Graham Morgan, Di Martin,

 

Abstained (0) –

 

Summing up for his motion Cllr Gardiner said that he resented the attitude and inflammatory comments of some of the councillors He had made an appeal for common sense on this motion and had worked hard to involve others in its formulation. All parliamentary debates indicated that a deputation was needed to put forward the Forest people’s views. He reminded the meeting that it was a white paper not a green paper being prepared, so its course through parliament would be rubber-stamping. He hoped councillors would vote according to their conscience and not be whipped. He referred back to the debates in 1981 when Paul Marland, the local Conservative MP had been so much involved and he only wished the current MP would send the same signals. He asked members to read the Hansards transcripts to understand that rights and privileges would be lost in any transfer to private ownership. He resented the comment that his motion advocated charging around. If the council did not act as a united group, the HOOF campaign would do it for them and shame all councillors.

 

The motion was put to the vote.

 

RESOLVED -

 

To avoid attempts which could lead to Privatisation of the Royal Forest of Dean - this Council should do everything in its power to consolidate and enhance the exemption from sale pertaining to the Statutory Forest of Dean and the protected contiguous woodlands of Highmeadow, Clearwell and Hope.  Furthermore, because an enabling bill would empower ministers to act unilaterally and remove effective parliamentary scrutiny, this Council should seek to extend and consolidate the protective designation of the Forest, afforded by Section 39 (2A) of the Forestry Act 1967.

 Therefore this Council to;

  1. Write to Mark Harper MP and Prime Minister David Cameron MP, and electronically copy; the Secretary of State, Baroness Royall of Blaisdon; Members of Parliament; Member of the House of Lords and all local authorities, requesting their urgent action and support to exempt the Royal Forest of Dean from Clause 17 of the Public Bodies Bill, and, 
  2. For a deputation of Member’s representatives from All Groups and Officer/s and co-opted expert/s to visit and meet with those engaged in the Public Bodies Bill passing through the Lords and Commons, namely to include Lord Taylor and the Secretary of State, Caroline Spelman before the Bill is introduced in the House of Commons.
  3. For the Solicitor of the Council to coordinate matters included in bullet point 2 and the Head of Paid Services to co-ordinate matters included in bullet point 1.

Voting was as follows.

 

For (21) –Marion Winship, Nikki Goodlad, Philip Burford, Derek Biddle, Mike Meredith Edwards, Norman Stephens, Arthur Thomas, Maria Edey, Dave East, Andrew Gardiner, Alan Preest, Heather Dalziel, Sue Henchley, Paul Hiett, David Thomson, Bruce Hogan, Lynn Sterry, Max Coborn, Graham Morgan, Di Martin, Terry Hale

 

Against (20) – Marrilyn Smart, Venk Shenoi, Carol Allaway Martin, Roger Yeates, Keith Aburrow, David Easton, Georgina Bensted, Grace Bensted, Len Lawton, Peter Ede, Alastair Fraser, James Bevan, Terry Glastonbury, Denis Riley, Patrick Molyneux, Brian Robinson, Peter Amos, Diana Edwards, Martin Quaile, Richard Long

 

Abstained (0) -