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I return to the principal point: the provision is on a financial issue that should rightly be a matter for this elected House of Commons. Since the Bill’s publication, the provision has been that there would be an affirmative
procedure for the CIL regulations. That provision was not subject to any proposed amendment in any of its stages in this House. It is not appropriate to make the change now, and therefore if Opposition Members press Lords amendment No. 160 to a Division, I encourage my hon. Friends to reject it.
Question put, That this House disagrees with the Lords in the said amendment:—
The House divided: Ayes 275, Noes 204.
AYES
Ainger, Nick
Ainsworth, rh Mr. Bob
Alexander, rh Mr. Douglas
Allen, Mr. Graham
Anderson, Mr. David
Anderson, Janet
Armstrong, rh Hilary
Atkins, Charlotte
Austin, Mr. Ian
Austin, John
Bailey, Mr. Adrian
Baird, Vera
Balls, rh Ed
Barlow, Ms Celia
Barron, rh Mr. Kevin
Battle, rh John
Bayley, Hugh
Beckett, rh Margaret
Begg, Miss Anne
Benn, rh Hilary
Betts, Mr. Clive
Blackman, Liz
Blackman-Woods, Dr. Roberta
Blears, rh Hazel
Blizzard, Mr. Bob
Borrow, Mr. David S.
Bradshaw, Mr. Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr. Nicholas
Brown, Mr. Russell
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burgon, Colin
Burnham, rh Andy
Butler, Ms Dawn
Byrne, rh Mr. Liam
Caborn, rh Mr. Richard
Campbell, Mr. Alan
Campbell, Mr. Ronnie
Caton, Mr. Martin
Cawsey, Mr. Ian
Challen, Colin
Chapman, Ben
Chaytor, Mr. David
Clark, Ms Katy
Clark, Paul
Clarke, rh Mr. Charles
Clarke, rh Mr. Tom
Clelland, Mr. David
Clwyd, rh Ann
Coaker, Mr. Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Corbyn, Jeremy
Cousins, Jim
Crausby, Mr. David
Creagh, Mary
Cruddas, Jon
Cummings, John
Cunningham, Mr. Jim
Cunningham, Tony
David, Mr. Wayne
Davidson, Mr. Ian
Davies, Mr. Dai
Davies, Mr. Quentin
Dean, Mrs. Janet
Denham, rh Mr. John
Devine, Mr. Jim
Dismore, Mr. Andrew
Dobbin, Jim
Donohoe, Mr. Brian H.
Doran, Mr. Frank
Dowd, Jim
Drew, Mr. David
Eagle, Angela
Eagle, Maria
Efford, Clive
Ellman, Mrs. Louise
Engel, Natascha
Ennis, Jeff
Farrelly, Paul
Fitzpatrick, Jim
Flello, Mr. Robert
Flint, rh Caroline
Follett, Barbara
Francis, Dr. Hywel
Gapes, Mike
George, rh Mr. Bruce
Gerrard, Mr. Neil
Gibson, Dr. Ian
Godsiff, Mr. Roger
Goodman, Helen
Griffith, Nia
Griffiths, Nigel
Gwynne, Andrew
Hain, rh Mr. Peter
Hall, Mr. Mike
Hall, Patrick
Hamilton, Mr. David
Hanson, rh Mr. David
Harman, rh Ms Harriet
Harris, Mr. Tom
Havard, Mr. Dai
Healey, rh John
Hendrick, Mr. Mark
Hepburn, Mr. Stephen
Heppell, Mr. John
Hesford, Stephen
Hewitt, rh Ms Patricia
Heyes, David
Hill, rh Keith
Hillier, Meg
Hodgson, Mrs. Sharon
Hood, Mr. Jim
Hoon, rh Mr. Geoffrey
Hope, Phil
Hopkins, Kelvin
Howarth, rh Mr. George
Howells, Dr. Kim
Hoyle, Mr. Lindsay
Hughes, rh Beverley
Humble, Mrs. Joan
Hutton, rh Mr. John
Iddon, Dr. Brian
Irranca-Davies, Huw
James, Mrs. Siân C.
Jenkins, Mr. Brian
Johnson, rh Alan
Johnson, Ms Diana R.
Jones, Helen
Jones, Mr. Kevan
Jones, Lynne
Jones, Mr. Martyn
Jowell, rh Tessa
Joyce, Mr. Eric
Kaufman, rh Sir Gerald
Keeley, Barbara
Keen, Alan
Keen, Ann
Kemp, Mr. Fraser
Khan, Mr. Sadiq
Kidney, Mr. David
Kilfoyle, Mr. Peter
Knight, rh Jim
Kumar, Dr. Ashok
Ladyman, Dr. Stephen
Lammy, rh Mr. David
Laxton, Mr. Bob
Lazarowicz, Mark
Lepper, David
Levitt, Tom
Lewis, Mr. Ivan
Linton, Martin
Lloyd, Tony
Love, Mr. Andrew
Lucas, Ian
MacShane, rh Mr. Denis
Mactaggart, Fiona
Malik, Mr. Shahid
Mallaber, Judy
Mann, John
Marris, Rob
Marsden, Mr. Gordon
Martlew, Mr. Eric
McAvoy, rh Mr. Thomas
McCarthy, Kerry
McCarthy-Fry, Sarah
McCartney, rh Mr. Ian
McDonnell, John
McFadden, rh Mr. Pat
McFall, rh John
McGovern, Mr. Jim
McGuire, rh Mrs. Anne
McIsaac, Shona
McKechin, Ann
McKenna, Rosemary
McNulty, rh Mr. Tony
Meale, Mr. Alan
Merron, Gillian
Michael, rh Alun
Miliband, rh Edward
Miller, Andrew
Mitchell, Mr. Austin
Moffatt, Laura
Mole, Chris
Moon, Mrs. Madeleine
Moran, Margaret
Mudie, Mr. George
Mullin, Mr. Chris
Murphy, rh Mr. Jim
Naysmith, Dr. Doug
Norris, Dan
O'Brien, Mr. Mike
Olner, Mr. Bill
Osborne, Sandra
Owen, Albert
Palmer, Dr. Nick
Pearson, Ian
Plaskitt, Mr. James
Pope, Mr. Greg
Pound, Stephen
Prentice, Bridget
Prentice, Mr. Gordon
Prescott, rh Mr. John
Prosser, Gwyn
Purchase, Mr. Ken
Purnell, rh James
Raynsford, rh Mr. Nick
Reed, Mr. Andy
Riordan, Mrs. Linda
Robertson, John
Robinson, Mr. Geoffrey
Rooney, Mr. Terry
Roy, Mr. Frank
Roy, Lindsay
Ruane, Chris
Ruddock, Joan
Russell, Christine
Salter, Martin
Sarwar, Mr. Mohammad
Sharma, Mr. Virendra
Shaw, Jonathan
Sheridan, Jim
Simon, Mr. Siôn
Skinner, Mr. Dennis
Slaughter, Mr. Andy
Smith, rh Mr. Andrew
Smith, Ms Angela C. (Sheffield, Hillsborough)
Smith, Angela E. (Basildon)
Smith, Geraldine
Smith, rh Jacqui
Snelgrove, Anne
Soulsby, Sir Peter
Southworth, Helen
Spellar, rh Mr. John
Starkey, Dr. Phyllis
Stewart, Ian
Strang, rh Dr. Gavin
Straw, rh Mr. Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr. Gerry
Tami, Mark
Taylor, Ms Dari
Taylor, David
Thomas, Mr. Gareth
Thornberry, Emily
Timms, rh Mr. Stephen
Tipping, Paddy
Todd, Mr. Mark
Truswell, Mr. Paul
Twigg, Derek
Ussher, Kitty
Vaz, rh Keith
Vis, Dr. Rudi
Walley, Joan
Waltho, Lynda
Watson, Mr. Tom
Watts, Mr. Dave
Whitehead, Dr. Alan
Wicks, rh Malcolm
Williams, rh Mr. Alan
Wills, rh Mr. Michael
Wilson, Phil
Winnick, Mr. David
Winterton, rh Ms Rosie
Wood, Mike
Woolas, Mr. Phil
Wright, David
Wright, Mr. Iain
Wright, Dr. Tony
Wyatt, Derek
Tellers for the Ayes:
Claire Ward and
Steve McCabe
NOES
Afriyie, Adam
Ainsworth, Mr. Peter
Alexander, Danny
Amess, Mr. David
Ancram, rh Mr. Michael
Arbuthnot, rh Mr. James
Atkinson, Mr. Peter
Bacon, Mr. Richard
Barker, Gregory
Barrett, John
Beith, rh Sir Alan
Bellingham, Mr. Henry
Benyon, Mr. Richard
Bercow, John
Beresford, Sir Paul
Binley, Mr. Brian
Blunt, Mr. Crispin
Bone, Mr. Peter
Boswell, Mr. Tim
Brazier, Mr. Julian
Breed, Mr. Colin
Brokenshire, James
Brooke, Annette
Browne, Mr. Jeremy
Browning, Angela
Bruce, rh Malcolm
Burns, Mr. Simon
Burrowes, Mr. David
Burt, Alistair
Burt, Lorely
Campbell, rh Sir Menzies
Carmichael, Mr. Alistair
Carswell, Mr. Douglas
Cash, Mr. William
Clappison, Mr. James
Clark, Greg
Clegg, rh Mr. Nick
Cormack, Sir Patrick
Cox, Mr. Geoffrey
Curry, rh Mr. David
Davey, Mr. Edward
Davies, David T.C. (Monmouth)
Djanogly, Mr. Jonathan
Dorrell, rh Mr. Stephen
Dorries, Mrs. Nadine
Duddridge, James
Duncan Smith, rh Mr. Iain
Ellwood, Mr. Tobias
Evennett, Mr. David
Fabricant, Michael
Farron, Tim
Featherstone, Lynne
Foster, Mr. Don
Francois, Mr. Mark
Fraser, Christopher
Gale, Mr. Roger
Garnier, Mr. Edward
Gauke, Mr. David
Gibb, Mr. Nick
Gidley, Sandra
Gillan, Mrs. Cheryl
Goldsworthy, Julia
Goodman, Mr. Paul
Goodwill, Mr. Robert
Gray, Mr. James
Grayling, Chris
Green, Damian
Greening, Justine
Grieve, Mr. Dominic
Gummer, rh Mr. John
Hammond, Stephen
Hands, Mr. Greg
Harper, Mr. Mark
Harris, Dr. Evan
Harvey, Nick
Hayes, Mr. John
Heald, Mr. Oliver
Heath, Mr. David
Heathcoat-Amory, rh Mr. David
Hemming, John
Hendry, Charles
Herbert, Nick
Hoban, Mr. Mark
Hogg, rh Mr. Douglas
Holloway, Mr. Adam
Holmes, Paul
Horam, Mr. John
Horwood, Martin
Howard, rh Mr. Michael
Howarth, David
Howell, John
Hughes, Simon
Huhne, Chris
Hunt, Mr. Jeremy
Hunter, Mark
Jack, rh Mr. Michael
Jackson, Mr. Stewart
Jenkin, Mr. Bernard
Jones, Mr. David
Kawczynski, Daniel
Keetch, Mr. Paul
Kirkbride, Miss Julie
Kramer, Susan
Laing, Mrs. Eleanor
Lait, Mrs. Jacqui
Lamb, Norman
Lansley, Mr. Andrew
Laws, Mr. David
Leech, Mr. John
Leigh, Mr. Edward
Letwin, rh Mr. Oliver
Lidington, Mr. David
Lilley, rh Mr. Peter
Luff, Peter
Mackay, rh Mr. Andrew
Maclean, rh David
Main, Anne
Malins, Mr. Humfrey
Maples, Mr. John
Mates, rh Mr. Michael
Maude, rh Mr. Francis
May, rh Mrs. Theresa
McCrea, Dr. William
McIntosh, Miss Anne
McLoughlin, rh Mr. Patrick
Mercer, Patrick
Miller, Mrs. Maria
Milton, Anne
Mitchell, Mr. Andrew
Moore, Mr. Michael
Moss, Mr. Malcolm
Mulholland, Greg
Mundell, David
Murrison, Dr. Andrew
Neill, Robert
Newmark, Mr. Brooks
Osborne, Mr. George
Ottaway, Richard
Paterson, Mr. Owen
Penrose, John
Pickles, Mr. Eric
Price, Adam
Prisk, Mr. Mark
Pritchard, Mark
Pugh, Dr. John
Randall, Mr. John
Redwood, rh Mr. John
Reid, Mr. Alan
Rennie, Willie
Robathan, Mr. Andrew
Robertson, Hugh
Robertson, Mr. Laurence
Rosindell, Andrew
Rowen, Paul
Ruffley, Mr. David
Russell, Bob
Sanders, Mr. Adrian
Selous, Andrew
Shapps, Grant
Shepherd, Mr. Richard
Simmonds, Mark
Simpson, Mr. Keith
Soames, Mr. Nicholas
Spelman, Mrs. Caroline
Spicer, Sir Michael
Spink, Bob
Spring, Mr. Richard
Streeter, Mr. Gary
Stuart, Mr. Graham
Stunell, Andrew
Swayne, Mr. Desmond
Swinson, Jo
Swire, Mr. Hugo
Syms, Mr. Robert
Taylor, Mr. Ian
Taylor, Dr. Richard
Teather, Sarah
Timpson, Mr. Edward
Tredinnick, David
Turner, Mr. Andrew
Tyrie, Mr. Andrew
Vaizey, Mr. Edward
Viggers, Sir Peter
Villiers, Mrs. Theresa
Walker, Mr. Charles
Wallace, Mr. Ben
Waterson, Mr. Nigel
Watkinson, Angela
Webb, Steve
Whittingdale, Mr. John
Wiggin, Bill
Williams, Hywel
Williams, Mark
Williams, Mr. Roger
Williams, Stephen
Willott, Jenny
Wilshire, Mr. David
Wilson, Mr. Rob
Winterton, Ann
Winterton, Sir Nicholas
Wright, Jeremy
Yeo, Mr. Tim
Young, rh Sir George
Younger-Ross, Richard
Tellers for the Noes:
Mr. John Baron and
Mr. Philip Dunne
Question accordingly agreed to.
John Healey: I beg to move, That this House agrees with the Lords in the said amendment.
Mr. Deputy Speaker: With this it will be convenient to consider Lords amendments Nos. 2 to 7, Lords amendment No. 8 and amendment (a) thereto, Lords amendments Nos. 9 to 64, Lords amendment No. 65 and amendments (a) to (c) thereto, Lords amendments Nos. 66 to 100, 164 to 170, 173 to 182, 184, 185, 187, 189, 191 to 212 and 214 to 217.
John Healey:
This large group of amendments relates to parts 1 to 8 and part 12, which are concerned with the creation of a new single consent regime for nationally significant infrastructure projects. At each stage of the Bill in both Houses, that issue has been subject to
detailed parliamentary debate and scrutiny. However, even in the months since we first published the Bill, we have seen economic circumstances change dramatically. We have seen the effect of instability in the world energy markets, and it has never been so evident. That has concentrated minds still further on our national need for new investment in energy generation, and in particular on our need to replace one third of our electricity generation within the next 20 years or so.
In the nine months since we first debated the Bill, the world has become even more conscious of the threat of climate change. We have now pledged to move towards a carbon reduction of not 60 per cent. but 80 per cent. in this country by 2050. Doing that will require a tenfold increase in renewable generation over the next 12 years. Finally, the issues of pressure and competitiveness in the world economy, and competition for much needed investment in this country, are now even clearer.
Let us take, for example, Shell Haven port. That new development represents a £1.5 billion investment and will create in Britain the largest new logistics centre in Europe. The promoters estimate that it will generate 12,000 jobs, raise skills and bring huge regeneration benefits to the Thames Gateway. It will also reduce by 40 million km a year the distance travelled by heavy goods vehicles on UK roads. The UK needs such investment, but we must also create the right sort of environment for it, including a better planning system. That means implementing the reforms set out in the Bill.
There have been excellent debates throughout the Commons stages—not least in Committee—on the role of the infrastructure planning commission, its powers and accountability, the role of the national policy statements in providing a clear policy framework for IPC decisions, the type and size of projects that should be captured in the new regime and the accessibility of the new regime to the public. Those debates continued in the other place and the Bill has been much strengthened by amendments, many of them set out in this group.
Many of the amendments to these parts of the Bill are minor and technical. I shall concentrate on the most important amendments, which significantly strengthen the Bill.
Joan Walley (Stoke-on-Trent, North) (Lab): Will my right hon. Friend put on the record the concerns that have been raised about clause 157? I speak as an honorary vice-president of the Chartered Institute of Environmental Health. Will he confirm that he will consult that body, and that what is being proposed will not undermine the whole issue in respect of statutory nuisance and the preventive measures that can be taken?
7.45 pm
John Healey: My hon. Friend has a long-standing interest in these questions and good working links with environmental health officers. I think that I can give her those reassurances, although she would probably find it more useful if I set them out in detail, to respond to her concern in the light of amendments that have been made. I undertake to do so.
I turn to the most significant issues, particularly in respect of the strengthening of the Bill in the other place. I shall start with parliamentary scrutiny. Through parliamentary scrutiny and especially through national
policy statements, Ministers will continue to take the big decisions. Those will be visible and at the front of the process rather than at the back end, as is the case under the current system. Once the national policy statement is in place, it will set the principal framework for any IPC decisions on particular applications.
If the national policy statements are to function effectively, they must be authoritative and strong. That is why we are committed to ensuring that they are thoroughly tested through public consultation and through a new system of parliamentary scrutiny that we have developed in discussion with the Chairs of the relevant Select Committees. Lords amendment No. 7 will strengthen the role of the other place in the scrutiny of national policy statements. The amendment extends the requirement that the Secretary of State is required to lay before Parliament a statement setting out her response to a Committee of this House or of either House.
I turn now to climate change, a subject of strong debate throughout this House’s scrutiny of the Bill. A number of my hon. Friends have strongly championed a strengthening of the provisions—not least my hon. Friends the Members for Pudsey (Mr. Truswell) and for Stroud (Mr. Drew), who are the principal advocates of an amendment to Lords amendment No. 8. If I explain to my hon. Friends how we have strengthened the Bill through amendments in the Lords, perhaps that will give the proper context and explain some of the problems that I envisage with their amendment (a).
Lords amendment No. 8 looks to alter the current duty in relation to sustainable development which requires the Secretary of State to draw up or review national policy statements with the objective of contributing to the achievement of sustainable development. Let me explain what is meant by that. The concept of sustainable development sits at the heart of planning. It catches the range of our economic, social and environment objectives and ensures that we focus on developing our country in a way that is sustainable in the long term and protects the needs of future generations as well as the current one.
Achieving such sustainable development will require Ministers to address climate change. We must also address issues such as landscape, biodiversity and natural resources and integrate them in a sensible and balanced way that allows at the same time consideration of certain social and economic concerns. In that way, the policy will bring those elements together. We have debated the concept of sustainable development a number of times during the passage of the Bill and we believe that it should be the guiding principle for Ministers as they prepare the national policy statements. That is why clause 10 attaches such importance to it.
We recognise, however, that as we have debated the various stages of the Bill, Members of this House and the other place have expressed a strong desire to put something more explicit in the Bill to reflect the importance of climate change. That argument has been strongly led by my hon. Friends the Members for Pudsey and for Stroud, as well as by my hon. Friend the Member for Sherwood (Paddy Tipping), who is not in his place at the moment. We therefore made amendments to the Bill in the other place. However, we have been conscious of the need not to unbalance the principle of sustainable development by elevating the consideration of climate
change and design to such a degree that other considerations would be relatively marginalised—such as jobs and investment, health, a just society and other environmental factors such as the protection of biodiversity or the natural environment.
The formulation that we have set out in Lords amendment No. 8 requires the Secretary of State to have regard in particular to the desirability of adapting to and mitigating climate change. Making it a statutory requirement to have regard to something that is desirable is a recognised concept in planning, and it is an approach that has been the subject of several cases. It clarifies—I hope that this will give my hon. Friends some reassurance—the fact that requiring decision makers to have particular regard to the desirability of an objective works as a way of putting something first and foremost in the decision maker’s mind, while not preventing them from considering other important matters. Where a desirable objective is met by a particular proposal, that must be a major point in its favour, but it does not necessarily rule out having regard to other factors.
We now have in the Bill a clear three-stage process. First, Ministers must, as part of drawing up the national policy statements with the objective of contributing to the achievement of sustainable development, have particular regard to the desirability of mitigating and adapting to climate change. That is a strengthening of the Bill since this House last debated it. Secondly, Ministers will thoroughly assess what the impact of the policy is on carbon emissions and other factors affecting climate change and, where necessary, adjust the policy in light of this. Thirdly, Ministers must report on what they have done and why, in the context of wider climate change policy, including the Climate Change Bill.
My concerns about my hon. Friends’ proposition are twofold. First, particularly as we strengthen the Bill in the ways that I have described, their amendment could in practice elevate climate change and design considerations over all other considerations of sustainable development, and in doing so might pre-empt a decision about what in any particular case amounts to sustainable development. Secondly, the introduction of the phrase “due regard to the need to” raises a problem, because it is untested and it is not exactly clear what it means or what effect it would have in practice. That differs from the approach that we have taken in Lords amendment No. 8.
Let me turn to the issue of design. In the other place, there was a strong mood and move towards making amendments to ensure that the new regime gave sufficient weight to the need for infrastructure to be well designed. Lords amendment No. 1 therefore requires that every national policy statement will set out criteria for design that must be taken into account in the development to which the policy statement relates. That means that in every national policy statement Ministers should set out clear expectations that infrastructure projects would be well designed and provide a framework against which proposals could be assessed.
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