Mr Paul Kohler

I wish to speak to Lords amendment 42. Where a local authority provides land for public recreation, it can be held on the basis of a statutory trust that protects it. Parliament has set out a process that must be followed if that trust is to be ended. It is not a brilliant process by any means, but at least it gives a central role to local authorities. In Day v. Shropshire, the Supreme Court recently held that where those requirements are not followed, the trust—quite reasonably—remains in place. However, amendment 42, first tabled in the other place by the Conservative peer Lord Banner, cuts across that principle. It would allow the Secretary of State to set aside those protections where the proper process has not been followed, even where the current local authority might not now support terminating the trust. It replaces localism with centralism. Lord Banner sought to justify his amendment on a number of questionable grounds, including the assertion that the Supreme Court decision is “causing considerable uncertainty in relation to land purchased in good faith from local authorities”.—[Official Report, House of Lords, 5 March 2026; Vol. 863, c. GC527.] The only example I am aware of is a controversial issue in my constituency of Wimbledon. In that case, the All England Lawn Tennis Club bought the freehold to a portion of Wimbledon Park in 1993 at an appropriately reduced price, having expressly agreed both to never build on the land and to restore full rights of public recreation after the expiry of a pre-existing leasehold interest. There seems little doubt that the primary motivation behind the tabling of Lord Banner’s amendment relates to the Wimbledon Park controversy. Unfortunately, despite previous assurances that they would leave the law unchanged until a proper consultation could take place, the Government rowed in behind the Banner amendment. That amendment would, however, still have been defeated had the Tories joined my Lib Dem colleagues in the No Lobby. Sadly, despite many assurances to the people of Wimbledon, every Tory peer either abstained or voted for the amendment tabled by their Conservative colleague, Lord Banner. As we have heard, the Tories tabled an amendment—now re-tabled by the hon. Member for Ruislip, Northwood and Pinner (David Simmonds)—that would require the Secretary of State to write a report, lay it before Parliament and consider it. That is simply a tick-box exercise that would do nothing to stop Lord Banner’s amendment from coming into force. It is a parliamentary sleight of hand to pretend to the people of Wimbledon that the Tories have not abandoned them—and the shadow Minister, the right hon. Member for Braintree (Sir James Cleverly), has the cheek to ask me why the Lib Dems refuse to join the Tories in this deception. My constituents in Wimbledon expect the legal protections of land to be upheld in practice, not set aside for ministerial discretion and Tory cons. I tabled a motion to disagree with the Banner amendment but under the arcane procedures of this place, I understand that my motion will not be voted on, while the Banner amendment will remain. That marks a sad day for Wimbledon specifically, public trust land generally and the credibility of the Conservative party across Merton, where the overreach of the AELTC is an important local election issue.