Название: Who Owns England?
Автор: Guy Shrubsole
Издательство: HarperCollins
Жанр: Юриспруденция, право
isbn: 9780008321697
isbn:
To everyone’s surprise, Farrant agreed. He revealed that when he had worked previously in local government, he’d been appalled at the poor state of councils’ knowledge about even their own landholdings, and how many cash-strapped local authorities couldn’t afford access to the Land Registry’s data. With the threat of privatisation buried, he now wanted to chart a fresh course for the Land Registry; one that would see it both completed and opened up.
True to Farrant’s word, the 2017 Housing White Paper heralded a breakthrough for uncovering land ownership. It announced that the Land Registry would aim to finally complete its register by 2030; and that it would release free of charge its datasets showing the land owned by UK and overseas companies and corporate bodies – over three million land titles, covering a third of the land area of England and Wales. A source inside Number 10 has hinted that the impetus for this came from Theresa May herself. The Conservative Party manifesto for the snap general election that summer went further, announcing a commitment to merging the Land Registry, Ordnance Survey and Valuation Office to create ‘the largest repository of open land data in the world’. Labour’s manifesto promised for the first time to consider a land value tax, showing that the resurgence of interest in land spanned the political spectrum.
There is still a long way to go. Despite the government’s manifesto commitment, Ordnance Survey’s hold over mapping licences makes it very hard to properly map land ownership in England. To Anna Powell-Smith, my collaborator on whoownsengland.org, OS remains ‘the great vampire squid wrapped around the face of UK public-interest technology’. And although it has now released details of the one-third of land in England and Wales owned by companies and public sector bodies, the Land Registry remains resistant to overcoming the final taboo: publishing the details of the private landowners who own the remaining two-thirds.
In the thousand years that have passed since the Domesday Book, those seeking to uncover who owns this country have faced obstacles at every turn. Physically and legally excluded from large swathes of the countryside, with debate about land airbrushed from mainstream economics and stymied within political circles by the lobbying of landowners, the general public have had to clamour and campaign for access to the land and for information about who controls it. But it’s now possible, at last, to ask questions about who owns England, and credibly hope for an answer.
THE ESTABLISHMENT: CROWN AND CHURCH
Somehow, I had expected the Queen’s private home to be different. Sandringham House was certainly grand: vast rooms, stuccoed ceilings, great expanses of polished hardwood. Gilded Swiss clocks ticked on marble fireplaces. A statue of Kali, the Hindu goddess of destruction, stood in a gloomy corner of the entrance hall, dancing upon a vanquished enemy. Moth-eaten Union Jacks from doomed polar expeditions hung next to crystal chandeliers. And pinned to the walls were a startling arsenal of knives, scimitars and vicious-looking knuckledusters: the gift of fifty long-dead Indian princes from when Queen Victoria had been crowned Empress of India.
But the house was also curiously parochial. A book on gnomes lay on top of an old edition of the Guinness Book of Records. An endless array of mirror-backed cabinets, crammed with onyx carvings and jade elephants and dinner services, gave the place a cluttered feel. Chintz chairs jostled for space with comfy sofas, their padded upholstery perhaps still bearing the imprint of the royal behind. The heavily patterned, Victorian-style carpets looked well worn. This was, after all – as our waistcoated tour guide informed us – the family home of Queen Elizabeth and Prince Philip for many months of the year. It felt like a bizarre mix: at once an old lady’s living room, complete with its collections of china dogs and tea sets, and at the same time a regal residence, filled with the tribute of defeated kingdoms. But then, separating out the personal from the public functions of the Crown is always a tricky exercise, as I was to discover.
I had cycled to Sandringham with my flatmate Roger, after taking the train out to King’s Lynn. This part of Norfolk has royal connections going back centuries: out in the Wash, it’s rumoured, lies King John’s buried treasure, submerged in the mudflats when the royal baggage train was caught by incoming tides. But it wasn’t until 1862 that the royal family decided to make the area their home. Queen Victoria bought the house for her son, the Prince of Wales – and future King Edward VII – along with an estate that then comprised around 7,000 acres. Today, Sandringham has grown to be even larger: some 20,000 acres of Norfolk, taking in prime farmland, oak woods and landscaped parks.
The whole area is dominated by huge aristocratic estates. As we pedalled through the arid countryside, neighbouring landowners staked their territorial claims through KEEP OUT signs and heraldic carvings. The balustrade of a bridge we cycled over was embossed repeatedly with the letter ‘H’, denoting the property of Lord Howard of Rising. To the east of Sandringham lies the Marquess of Cholmondeley’s Houghton Hall, whose land is registered in the tax haven of Jersey, and who holds the hereditary post of Lord Great Chamberlain, an ancient officer of the Crown.
What makes the Sandringham Estate unusual is not just that it’s a royal residence. It’s unusual because it’s owned by the Queen in person, rather than by the institution of the Crown. When Queen Victoria acquired it, she registered it in the name of the Prince of Wales, to avoid it becoming part of the Crown Estate and thereby surrendering its revenues to Parliament. It’s his name that’s recorded as the owner of Sandringham in the 1873 Return of Owners of Land. The current land title for Sandringham states the registered proprietor to be ‘Her most gracious Majesty Queen Elizabeth the Second’. But it omits the crucial line, ‘in right of her Crown’, which would make it Crown property. The only other royal residence to be owned personally by the royal family is Balmoral in Scotland, and that was bought by Queen Victoria’s husband, Prince Albert, before his untimely death. The subsequent Crown Estates Act allowed the royal family to inherit Balmoral and Sandringham as private residences thereafter.
If all that seems oddly arcane and complex, you’re starting to grasp how archaic the British constitution remains. And while this might at first appear an irrelevant quirk of history, the monarchy’s survival continues to shape how power is exercised – and how land is owned. But to understand fully, we need to go further down the rabbit hole.
Our tour of Sandringham passed from the kitsch comfort of the drawing rooms into a darkened corridor, hung with drawings of the royals out hunting and lists of the estate’s gamekeepers. To my surprise, the walls were lined with cabinets stuffed with dozens and dozens of shotguns. ‘This is a .450-bore double-barrelled breach-loading rifle,’ recorded one label, ‘shot by Queen Victoria.’
‘Are any of these used by the Queen currently?’ I asked our tour guide.
‘Aha, no,’ he said. ‘The Queen does occasionally go shooting. But under the Firearms Act, you can’t publicly display weapons which are in current use. Thanks to Magna Carta, not even the Queen is above the law of the land.’
Well, up to a point, Lord Copper, I thought. Sure, the monarchy nowadays is a shadow of what it once was, its powers tightly constrained, its status mostly symbolic. But when it comes to taxation, for instance, the Queen has a very different arrangement to those which bind her subjects. She has only paid income tax voluntarily since 1993. Up to that point, no monarch had paid taxes since the 1930s, a revelation that sparked a public outcry at the time – particularly as ordinary taxpayers had just been asked to foot the bill for repairing Windsor СКАЧАТЬ