The House divided:

Ayes 227, Noes 294.

Division No. 282]

[6.13 pm

AYES

Abbott, Ms Diane

Abrahams, Debbie

Ainsworth, rh Mr Bob

Alexander, Heidi

Ali, Rushanara

Anderson, Mr David

Austin, Ian

Bailey, Mr Adrian

Bain, Mr William

Balls, rh Ed

Banks, Gordon

Beckett, rh Margaret

Begg, Dame Anne

Bell, Sir Stuart

Benn, rh Hilary

Benton, Mr Joe

Berger, Luciana

Betts, Mr Clive

Blackman-Woods, Roberta

Blenkinsop, Tom

Blomfield, Paul

Blunkett, rh Mr David

Bradshaw, rh Mr Ben

Brennan, Kevin

Brown, rh Mr Gordon

Brown, Lyn

Brown, rh Mr Nicholas

Brown, Mr Russell

Bryant, Chris

Buck, Ms Karen

Burnham, rh Andy

Campbell, Mr Alan

Campbell, Mr Ronnie

Caton, Martin

Chapman, Mrs Jenny

Clarke, rh Mr Tom

Clwyd, rh Ann

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Cooper, rh Yvette

Corbyn, Jeremy

Crausby, Mr David

Creagh, Mary

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Tony

Curran, Margaret

Dakin, Nic

David, Mr Wayne

Davidson, Mr Ian

Davies, Geraint

De Piero, Gloria

Denham, rh Mr John

Dobson, rh Frank

Docherty, Thomas

Donaldson, rh Mr Jeffrey M.

Dowd, Jim

Doyle, Gemma

Dromey, Jack

Dugher, Michael

Eagle, Ms Angela

Eagle, Maria

Edwards, Jonathan

Efford, Clive

Elliott, Julie

Esterson, Bill

Evans, Chris

Farrelly, Paul

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Francis, Dr Hywel

Gapes, Mike

Gardiner, Barry

George, Andrew

Gilbert, Stephen

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goggins, rh Paul

Greatrex, Tom

Green, Kate

Greenwood, Lilian

Griffith, Nia

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Harris, Mr Tom

Havard, Mr Dai

Healey, rh John

Hendrick, Mark

Hepburn, Mr Stephen

Heyes, David

Hillier, Meg

Hodgson, Mrs Sharon

Hood, Mr Jim

Hopkins, Kelvin

Howarth, rh Mr George

Hunt, Tristram

Irranca-Davies, Huw

Jackson, Glenda

James, Mrs Siân C.

Jamieson, Cathy

Jarvis, Dan

Johnson, Diana

Jones, Graham

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Joyce, Eric

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Lammy, rh Mr David

Lavery, Ian

Leslie, Chris

Lewis, Mr Ivan

Lloyd, Tony

Llwyd, rh Mr Elfyn

Love, Mr Andrew

Lucas, Ian

MacShane, rh Mr Denis

Mactaggart, Fiona

Mahmood, Mr Khalid

Mahmood, Shabana

Mann, John

Marsden, Mr Gordon

McCabe, Steve

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGovern, Jim

McGuire, rh Mrs Anne

McKechin, Ann

McKinnell, Catherine

Meacher, rh Mr Michael

Meale, Mr Alan

Mearns, Ian

Michael, rh Alun

Mitchell, Austin

Moon, Mrs Madeleine

Morden, Jessica

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Mudie, Mr George

Munn, Meg

Murphy, rh Mr Jim

Murphy, rh Paul

Murray, Ian

Nandy, Lisa

Nash, Pamela

O'Donnell, Fiona

Onwurah, Chi

Osborne, Sandra

Paisley, Ian

Pearce, Teresa

Percy, Andrew

Phillipson, Bridget

Pound, Stephen

Qureshi, Yasmin

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Robertson, John

Robinson, Mr Geoffrey

Rogerson, Dan

Rotheram, Steve

Roy, Mr Frank

Roy, Lindsay

Ruane, Chris

Ruddock, rh Joan

Sarwar, Anas

Seabeck, Alison

Shannon, Jim

Sharma, Mr Virendra

Sheerman, Mr Barry

Sheridan, Jim

Shuker, Gavin

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, rh Mr Andrew

Smith, Angela

Smith, Nick

Smith, Owen

Spellar, rh Mr John

Straw, rh Mr Jack

Stringer, Graham

Stuart, Ms Gisela

Sutcliffe, Mr Gerry

Tami, Mark

Thomas, Mr Gareth

Timms, rh Stephen

Trickett, Jon

Turner, Karl

Twigg, Derek

Umunna, Mr Chuka

Vaz, rh Keith

Vaz, Valerie

Vickers, Martin

Walley, Joan

Watson, Mr Tom

Watts, Mr Dave

Whitehead, Dr Alan

Wicks, rh Malcolm

Williams, Hywel

Williamson, Chris

Winnick, Mr David

Winterton, rh Ms Rosie

Wood, Mike

Woodcock, John

Woodward, rh Mr Shaun

Wright, Mr Iain

Tellers for the Ayes:

Phil Wilson and

David Wright

NOES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Andrew, Stuart

Arbuthnot, rh Mr James

Bacon, Mr Richard

Bagshawe, Ms Louise

Baker, Norman

Baker, Steve

Baldry, Tony

Baldwin, Harriett

Barclay, Stephen

Barker, Gregory

Bebb, Guto

Beith, rh Sir Alan

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Birtwistle, Gordon

Blackman, Bob

Blunt, Mr Crispin

Boles, Nick

Bone, Mr Peter

Bottomley, Sir Peter

Bradley, Karen

Brady, Mr Graham

Brake, Tom

Bray, Angie

Bridgen, Andrew

Brokenshire, James

Brooke, Annette

Bruce, Fiona

Buckland, Mr Robert

Burley, Mr Aidan

Burns, Conor

Burrowes, Mr David

Burstow, Paul

Burt, Lorely

Byles, Dan

Cairns, Alun

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carmichael, Neil

Carswell, Mr Douglas

Cash, Mr William

Chishti, Rehman

Chope, Mr Christopher

Clappison, Mr James

Clark, rh Greg

Clarke, rh Mr Kenneth

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Cox, Mr Geoffrey

Crabb, Stephen

Crockart, Mike

Crouch, Tracey

Davey, Mr Edward

Davies, David T. C.

(Monmouth)

Davies, Glyn

Davies, Philip

Dinenage, Caroline

Djanogly, Mr Jonathan

Dorrell, rh Mr Stephen

Dorries, Nadine

Doyle-Price, Jackie

Drax, Richard

Duddridge, James

Duncan, rh Mr Alan

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Eustice, George

Evans, Graham

Evans, Jonathan

Evennett, Mr David

Fabricant, Michael

Featherstone, Lynne

Field, Mr Mark

Foster, rh Mr Don

Fox, rh Dr Liam

Francois, rh Mr Mark

Freeman, George

Freer, Mike

Fuller, Richard

Gale, Mr Roger

Garnier, Mark

Gauke, Mr David

Gibb, Mr Nick

Gillan, rh Mrs Cheryl

Glen, John

Goldsmith, Zac

Goodwill, Mr Robert

Graham, Richard

Grant, Mrs Helen

Gray, Mr James

Grayling, rh Chris

Green, Damian

Greening, Justine

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Halfon, Robert

Hames, Duncan

Hammond, Stephen

Hancock, Matthew

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Harvey, Nick

Haselhurst, rh Sir Alan

Hayes, Mr John

Heald, Oliver

Heath, Mr David

Heaton-Harris, Chris

Hemming, John

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Hollobone, Mr Philip

Holloway, Mr Adam

Hopkins, Kris

Horwood, Martin

Howarth, Mr Gerald

Howell, John

Huhne, rh Chris

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, Sajid

Jenkin, Mr Bernard

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Kirby, Simon

Knight, rh Mr Greg

Kwarteng, Kwasi

Laing, Mrs Eleanor

Lancaster, Mark

Lansley, rh Mr Andrew

Latham, Pauline

Leadsom, Andrea

Lee, Jessica

Lee, Dr Phillip

Lefroy, Jeremy

Leigh, Mr Edward

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Liddell-Grainger, Mr Ian

Lidington, rh Mr David

Lloyd, Stephen

Lopresti, Jack

Lord, Jonathan

Loughton, Tim

Lumley, Karen

Macleod, Mary

Main, Mrs Anne

Maude, rh Mr Francis

McCartney, Jason

McCartney, Karl

McIntosh, Miss Anne

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, Esther

Menzies, Mark

Mercer, Patrick

Metcalfe, Stephen

Miller, Maria

Mills, Nigel

Mitchell, rh Mr Andrew

Moore, rh Michael

Mordaunt, Penny

Morgan, Nicky

Morris, Anne Marie

Morris, David

Morris, James

Mosley, Stephen

Mowat, David

Mundell, rh David

Munt, Tessa

Murray, Sheryll

Murrison, Dr Andrew

Newmark, Mr Brooks

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

Offord, Mr Matthew

Ollerenshaw, Eric

Ottaway, Richard

Paice, rh Mr James

Parish, Neil

Paterson, rh Mr Owen

Pawsey, Mark

Penrose, John

Perry, Claire

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Pritchard, Mark

Pugh, John

Raab, Mr Dominic

Randall, rh Mr John

Reckless, Mark

Redwood, rh Mr John

Rees-Mogg, Jacob

Reevell, Simon

Reid, Mr Alan

Rifkind, rh Sir Malcolm

Robathan, rh Mr Andrew

Robertson, Hugh

Robertson, Mr Laurence

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Rutley, David

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Shepherd, Mr Richard

Simmonds, Mark

Simpson, Mr Keith

Skidmore, Chris

Smith, Miss Chloe

Smith, Henry

Smith, Julian

Smith, Sir Robert

Soubry, Anna

Stephenson, Andrew

Stevenson, John

Stewart, Bob

Streeter, Mr Gary

Stride, Mel

Stuart, Mr Graham

Stunell, Andrew

Swales, Ian

Swayne, Mr Desmond

Swinson, Jo

Swire, rh Mr Hugo

Syms, Mr Robert

Tapsell, Sir Peter

Teather, Sarah

Thurso, John

Timpson, Mr Edward

Tomlinson, Justin

Tredinnick, David

Truss, Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walter, Mr Robert

Watkinson, Angela

Weatherley, Mike

Webb, Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Willetts, rh Mr David

Williams, Mr Mark

Williams, Roger

Williams, Stephen

Williamson, Gavin

Willott, Jenny

Wilson, Mr Rob

Wollaston, Dr Sarah

Wright, Jeremy

Wright, Simon

Young, rh Sir George

Zahawi, Nadhim

Tellers for the Noes:

Mr Shailesh Vara and

Norman Lamb

Question accordingly negatived.

18 May 2011 : Column 446

18 May 2011 : Column 447

18 May 2011 : Column 448

18 May 2011 : Column 449

Clause 134

Succession to secure tenancies

Amendments made: 191, page 121, line 36, at end insert—

‘(1A) A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a) at the time of the tenant’s death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(b) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(c) P’s succession is in accordance with that term.’.

Amendment 192, page 121, line 37, after ‘(1)’, insert ‘or (1A)’.

Amendment 193, page 121, line 39, leave out ‘(whether or not the tenant’s spouse or civil partner)’.—(Greg Clark.)

Clause 135

Succession to assured tenancies

Amendments made: 194, page 122, line 40, at end insert—

‘(1ZA) Subject to subsection (1B), in any case where—

(a) there is an assured periodic tenancy of a dwelling-house in England under which—

(i) the landlord is a private registered provider of social housing, and

(ii) the tenant is a sole tenant,

(b) the tenant under the tenancy dies,

(c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

18 May 2011 : Column 450

(d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e) there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and, accordingly, does not devolve under the tenant’s will or intestacy).’.

Amendment 195, page 123, line 10, at end insert—

‘(1ZA) Subject to subsection (1B), in any case where—

(a) there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—

(i) the landlord is a private registered provider of social housing, and

(ii) the tenant is a sole tenant,

(b) the tenant under the tenancy dies,

(c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e) there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and accordingly does not devolve under the tenant’s will or intestacy).’.

Amendment 196, page 123, line 11, leave out ‘or’ and insert ‘, (1ZA),’.

Amendment 197, page 123, line 11, after ‘(1A)’, insert ‘or (1AA)’.

Amendment 198, page 123, line 14, leave out

‘(whether or not the tenant’s spouse or civil partner)’ and insert ‘(and, accordingly, does not devolve under the tenant’s will or intestacy)’.

Amendment 199, page 123, line 19, leave out from ‘housing’ to end of line 20.

Amendment 200, page 123, line 23, at end insert—

‘(4A) In subsection (5) after “(1)(b)” insert “or (1A)(c)”.’.

Amendment 201, page 123, line 26, after ‘subsection’, insert ‘(1ZA), (1AA) or’.—(Greg Clark.)

Clause 139

Repairing obligations in leases of seven years or more

Amendments made: 202, page 125, line 11, at end insert ‘that—

(i) is not a shared ownership lease, and

(ii) is’.

Amendment 203, page 125, line 12, at end insert—

“(1B) In subsection (1A)—

“assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

“secure tenancy” has the meaning given by section 79 of the Housing Act 1985; and

“shared ownership lease” means a lease—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or(b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.”’.—

(Greg Clark.)

18 May 2011 : Column 451

Clause 152

Powers of the National Assembly for Wales

Amendment made: 204, page 130, line 4, leave out clause 152.—(Greg Clark.)


New Clause 22

Pre-commencement consultation

‘(1) Subsections (2) and (3) apply for the purpose of determining whether there has been compliance with—

(a) a requirement for consultation imposed by this Act,

(b) a requirement for consultation which applies in relation to things done under an Act amended by this Act, or

(c) a requirement (whether or not imposed by this Act) to do something in connection with a consultation under a requirement within paragraph (a) or (b).

(2) The fact that a provision of this Act was not in force when consultation took place or anything was done in connection with a consultation is to be disregarded in determining whether there has been compliance with the requirement.

(3) The fact that consultation was carried out by a body from whom functions are transferred by this Act, or anything was done by such a body in connection with a consultation, is to be disregarded in determining whether there has been compliance with the requirement by a body to whom those functions are transferred.

(4) Subsection (3) is without prejudice to any other provision of this Act that applies to the transfer.

(5) References in this section to a requirement imposed by this Act include a requirement imposed by another Act as a result of its amendment by this Act.’.—(Greg Clark.)

Brought up, and added to the Bill.

Clause 201

Orders and regulations

Amendments made: 221, page 166, line 4, leave out first ‘or’ and insert ‘, the Treasury or the’.—(Greg Clark.)

Amendment 222, page 166, line 6, leave out first ‘or’ and insert ‘, the Treasury or the’.

Amendment 223, page 167, line 14, at end insert—

‘(10A) A statutory instrument that contains an order or regulations made by the Treasury under Schedule [Transfers and transfer schemes: tax provisions] is subject to annulment in pursuance of a resolution of the House of Commons.’.—(Greg Clark.)

Clause 202

Power to make further consequential amendments

Amendments made: 224, page 167, line 41 , after ‘sections’, insert ‘8,9,’.

Amendment 225, page 167, line 41, after ‘Parts’, insert ‘1A,’.—(Greg Clark.)

Schedule 24

Repeals and revocations

Amendments made: 226, page 381, line 13, at end insert—

18 May 2011 : Column 452

Part 1A

Fire and rescue authorities

Reference Extent of repeal

Fire and Rescue Services Act 2004

Section 5.

 

Section 19.

 

Section 62(3).’.

Amendment 227, page 381, line 30, at end insert—

In section 18—

(a) subsections (4) and (5), and

(b) in subsection (6) the words “in Wales”.’.

Amendment 228, page 382, line 5, at end insert—

(aa) in subsection (2ZA) the words “in Wales”,’.

Amendment 229, page 382, line 6, leave out paragraph (b) and insert—

(b) subsection (2A)(a) and (b),’.

Amendment 230, page 382, line 13, at end insert—

(da) in subsection (10A) the words “in Wales”,’.

Amendment 231, page 382, line 14, leave out from ‘subsection’ to end of line 16 and insert

‘(13)(aa) the words from “by virtue of” to “England) or”,’.

Amendment 232, page 382, line 16, at end insert—

(ea) in subsection (13)(c) the words from the beginning to “in Wales”,’.

Amendment 233, page 382, line 17, leave out paragraph (f).

Amendment 234, page 382, line 25, leave out paragraphs (a) and (b) and insert—

(a) in subsection (3) the words from “(in the case of a local authority in England” to “Wales)”,

(b) in subsection (6)(a) the words from “section 236” to “2007 or”,

(c) subsections (10) and (11), and

(d) in subsection (12) the words “in Wales”.’.

Amendment 235, page 382, leave out line 29.

Amendment 236, page 382, line 31, leave out ‘Section’ and insert ‘In section’.

18 May 2011 : Column 453

Amendment 237, page 382, line 31, at end insert ‘—

 

(a) in subsection (1)(b) sub-paragraph (ii) and the word “or” immediately preceding that sub-paragraph,

(b) in subsection (2) the words “or providing a copy of the document to a relevant partner authority”,

(c) in subsection (6) in the definition of “exempt information” the words “section 246 of the National Health Service Act 2006 or”, and

(d) in that subsection the definition of “relevant partner authority” and the word “and” immediately preceding that definition.’.

Amendment 238, page 382, line 32, at end insert—

In section 21F (as inserted by the Local Government (Wales) Measure 2011), in subsection (1) the words “in Wales”.’.

Amendment 239, page 382, line 33, after ‘21F’, insert

‘(as inserted by the Flood and Water Management Act 2010)’.

Amendment 240, page 382, leave out line 34 and insert ‘In section 22(12A)(a) the words from “, or under” to “section 21B,”.’.

Amendment 241, page 382, leave out line 36.

Amendment 242, page 382, leave out line 37.

Amendment 243, page 382, leave out lines 38 to 42 and insert—

Section 31.’.

Amendment 244, page 382, leave out lines 43 to 48 and insert—

Section 32.’.

Amendment 245, page 382, leave out line 49.

Amendment 246, page 382, line 49, at end insert—

In section 33ZA the words “in Wales,”.’.

Amendment 247, page 382, line 50, leave out from ‘33A’ to end of line 51.

Amendment 248, page 384, leave out line 27.

Amendment 249, page 384, leave out line 29.

Amendment 250, page 384, line 33, after ‘it),’, insert—

(ab) subsection (2),’.

Amendment 251, page 384, line 37, leave out ‘paragraphs 23, 24, 25 and’ and insert ‘paragraph’.

Amendment 252, page 384, line 42, at end insert—

‘Local Government (Wales) Measure 2011 (nawm 00)

Section 36(1)(b) and (c).’.

—(Greg Clark)

Clause 205

Extent

Amendments made: 253, page 168, line 20, at end insert—

‘(aa) section [Tax] and Schedule [Transfers and transfer schemes: tax provisions],’.

Amendment 254, page 168, line 26, after ‘Sections’, insert ‘[Tax],’.

Amendment 255, page 168, line 26, after ‘207’, insert

‘, and Schedule [Transfers and transfer schemes: tax provisions],’.—

(Greg Clark.)

18 May 2011 : Column 454

Clause 206

Commencement

Amendments made: 256, page 168, line 38, leave out paragraph (f).

Amendment 257, page 169, line 2, leave out paragraph (j).

Amendment 258, page 169, line 2, at end insert—

‘(ja) section [Applications for planning permission: local finance considerations],’.

Amendment 259, page 169, line 4, leave out paragraph (l).

Amendment 260, page 169, line 6, after ‘7,’, insert ‘except section168(3)(e) and (f) and (4A),’.

Amendment 261, page 169, line 17, leave out from ‘it’ to end of line 18 and insert ‘is brought into force by subsection (4)(f) and (fa),’.

Amendment 262, page 169, line 21, at end insert—

‘(3A) The following provisions come into force on such day as the Welsh Ministers may by order appoint—

(a) section8(1) so far as it inserts—

(i) new sections 5A and 5B so far as relating to fire and rescue authorities in Wales,

(ii) new sections 5C and 5CA so far as relating to power of the Welsh Ministers to make orders, and

(iii) new sections 5E to 5K,

(b) section8(2) so far as relating to fire and rescue authorities in Wales,

(c) section8(2A), (4A) and (4B)(a) and (c),

(d) section8(4B)(b) so far as it inserts new section 62(1A)(a) and (d),

(e) section8(4B)(b) so far as it inserts new section 62(1A)(b) so far as relating to power of the Welsh Ministers to make orders,

(f) section9(1) to (3) and (4) so far as relating to fire and rescue authorities in Wales,

(g) section9(3A),

(h) the following so far as relating to fire and rescue authorities in Wales—

(i) in Part 1A of Schedule24, the entries for sections 5 and 19 of the Fire and Rescue Services Act 2004, and

(ii) section203 so far as relating to those entries, and

(i) in Part 1A of Schedule24, the entry for section 62(3) of the Fire and Rescue Services Act 2004, and section203 so far as relating to that entry.’.

Amendment 263, page 169, line 30, at end insert—

‘(ea) section [Provision of advice and assistance in relation to community right to challenge],’.

Amendment 264, page 169, line 32, at end insert—

‘(fa) sections [Provision of advice and assistance in relation to land of community value in England] and [Provision of advice and assistance in relation to land of community value in Wales],’.

Amendment 265, page 169, line 42, at end insert—

‘(ma) section [Tax] and Schedule [Transfers and transfer schemes: tax provisions] so far as they confer power on the Treasury to make regulations or orders,’.

Amendment 266, page 169, line 43, after ‘sections’, insert ‘[Pre-commencement consultation],’.

Amendment 267, page 169, line 46, leave out ‘or (3)’ and insert ‘, (3) or (3A)’.

18 May 2011 : Column 455

Amendment 268, page 170, line 12, leave out ‘section 65’ and insert

‘sections 65 and [Provision of advice and assistance in relation to land of community value in Wales], and Chapter 4 of Part 4 so far as it confers power on the Welsh Ministers to make regulations or orders,’.—

(Greg Clark.)

Third Reading

Queen’s and Prince of Wales’s consent signified.

6.28 pm

The Minister of State, Department for Communities and Local Government (Greg Clark): I beg to move, That the Bill be now read the Third time.

I shall keep my remarks brief because many hon. Members are anxious to attend the funeral of our late colleague, David Cairns. It is appropriate that everyone who can attend that funeral does so with the good will of the House.

Let me begin by thanking Members who have taken part in the scrutiny of the Bill on Second Reading, in our 24 Committee sittings and during the past two days on Report. The level of interest in the Bill across the House and during the 80 hours of scrutiny that it has received so far is testament to its importance and significance in the future of our national life. As well as paying tribute to members of the Committee, who laboured long in the Committee Room upstairs, I thank in particular my ministerial colleagues for all their hard work in preparing and speaking to the Bill, as well as the Whips of both parties who kept us in order and made sure that we considered every clause without needing to curtail our deliberations. I thank my parliamentary private secretary, the hon. Member for Henley (John Howell), whose seminal paper, “Open Source Planning”, was the source of inspiration for many of the policies in the Bill. I pay tribute to all my officials and to Officers of the House who have worked hard on what has been a very long and detailed Bill to get us to the state we are in today. I pay tribute to all the efforts that went into that.

I am sure that I speak for everyone who served on the Committee when I pay tribute to the hon. Member for York Central (Hugh Bayley) and my hon. Friend the Member for Southend West (Mr Amess), who chaired the Committee sittings with aplomb and expertise, thereby making for very good-humoured and good-tempered scrutiny. I think that I speak for every member of the Committee when I say that we have enjoyed scrutinising the Bill in Committee and in the House. It is fair to say that there was never a dull moment. The hon. Member for Birmingham, Erdington (Jack Dromey), sadly, is not in his place—perhaps he has gone ahead of us to the funeral I mentioned—[ Interruption. ] He has gone to the Dog and Duck, it is said; I know that is a favourite place of his. He treated the Committee to a tour of British history from the Magna Carta to the Chartists. We enjoyed that and were grateful for his contribution.

The right hon. Member for Greenwich and Woolwich (Mr Raynsford) offered some historical perspectives of his own, some of which were drawn from his experience of introducing the measures we then went on to repeal. The fact that he mostly kept his composure during that time, I think we acknowledged. He had a flair for simile, we noted, comparing Ministers and the Secretary of State to everyone from Draco to Henry VIII to Dr Pangloss

18 May 2011 : Column 456

and everyone in between. A phrase that might have gained his approval is one that we were not able to offer as frequently as he would have wished—“I agree with Nick.” Perhaps, there will be other opportunities for that.

[

Interruption.

]

I am delighted to see that the hon. Member for Birmingham, Erdington is now back in his place.

In Committee, we had contributions of passion and deep experience of local government and community leadership from both sides of the Committee. It would be invidious for me to single out individual members, but the representation on the Committee of people with long experience of local government and civic and community leadership marked the Committee out as having been selected particularly appropriately and well. The Chamber tends to produce more partisanship than is often the case in Committee or below the surface. Of course we have had our disagreements during the past two years, but I do feel that we were able to make substantial progress with the Bill in Committee. It is a landmark Bill.

Jonathan Edwards (Carmarthen East and Dinefwr) (PC): Let me continue in that spirit of partisanship. The Welsh branch of the Minister’s party had a manifesto commitment in the recent National Assembly elections to devolve planning power over energy stations up to 100 MW—up from the current 50 MW level. Will he include that pledge, which was made to the people of Wales only last month, at this late stage of the Bill?

Greg Clark: We have a national system for consenting to major infrastructure projects. I have had meetings with Welsh Assembly Ministers on that and no doubt we will have meetings following the election of the new Assembly. I am very happy to meet the hon. Gentleman and Ministers from the Welsh Assembly Government to discuss that point.

As Members know, the main features of the Bill are to establish a general power of competence for local government, to increase opportunities for members of the public to participate directly in local democracy, especially via referendums, to vest in communities new rights to challenge the way in which services are provided and to own assets of importance to their communities, to reform the planning system to remove the regional tier, to permit neighbourhood planning and to establish a new duty to co-operate at the strategic level. We have clarified the functioning of local democracy in London with a degree of consent, as was pointed out earlier today, and we have introduced new flexibilities into the housing system so as to house people more reliably.

At the beginning of our deliberations, on Second Reading and in Committee, I gave a commitment to respond positively to constructive debate and I hope that the House believes I have done so. An hon. Member was kind enough to mention yesterday that I have taken a listening approach, and I expect that to continue when the Bill goes to another place. I have not regarded my task as being simply to carry the Bill through Committee unamended and without influence from the House, and that continues to be my view as it progresses through Parliament.

Thanks to our proceedings in Committee and in the past couple of days we have introduced safeguards over the use of the general power of competence and we

18 May 2011 : Column 457

have strengthened the duty to co-operate. We have substantially improved the provisions on neighbourhood planning to make them more open and more representative and allow them to cross neighbourhood boundaries. Those are some examples of the progress that we have been able to make.

In a centralised system it is necessary, however paradoxical it may seem, for the centre to lead on localist reform. It does not happen without a positive programme, but the centre should do so in a spirit of co-operation. I will disclose to the shadow Chancellor, who I know is fond of his dividing lines, that the discussions that I have had with the Opposition Front-Bench team have been very constructive. Even where we have not been able to agree totally, we have been able to reach a better understanding of each other’s position and to make improvements as a result.

I had hoped that that might be reflected in both sides being able to support the Bill tonight. We will see in a few minutes, but I am led to believe that that might not be the case, and I regret that. Although we may disagree on some of the particular measures to implement the vision of localism, I think localism is a cause whose time has come. It attracts support from across the political divide. What unites us in this place on localism is greater than our points of difference, which the House of Lords will no doubt continue to pursue.

Andrea Leadsom: Will my right hon. Friend give way?

Greg Clark: I will not, because I made a commitment that Members would be free to go to our late colleague’s funeral.

It is a shame that, although the Opposition say they support localism, they have hit upon an ingenious solution to oppose it in practice, which is to seize on any instance in which central Government intervene to pass down power and to focus on that intervention, rather than on the transfer of power which is its purpose. But the blindingly obvious fact is that the Bill is overwhelmingly decentralising. It favours the local over the central. Like the movement en masse on a Thursday afternoon of Members from this place to their constituencies, so the effect of the Bill is to see power leave Westminster and go where it is better vested, in local communities, and to give them their head.

This is a significant Bill. I hope we will make continued progress in the House of Lords. I believe that we will look back in 10, 20 or 50 years and see today as a turning point. The tide of centralisation has turned, not just because of the Government’s decentralising measures, but because communities across the country are demanding change. That change is already under way. The Bill will speed up the process and establish it in law. For its part in that change, I commend the Bill to the House.

6.37 pm

Barbara Keeley: We have had more than 70 hours of debate and evidence during the Commons stage of the Bill, but I say to Ministers and Government business managers that to have only 90 minutes or so on Report to discuss groups containing 70 new clauses and amendments, as we did yesterday, was not satisfactory.

18 May 2011 : Column 458

The hon. Member for Shipley (Philip Davies) said that the Government had allowed a shameful amount of time for the debate, and for once we agree with him.

I, too, thank all members of the Committee for their work on the Bill, and particularly Opposition members who, I think we agree, carry a heavier work load. I thank my right hon. Friend the Member for Greenwich and Woolwich (Mr Raynsford), and my hon. Friends the Members for Lewisham East (Heidi Alexander), for Mitcham and Morden (Siobhain McDonagh), for Sunderland Central (Julie Elliott), for Gateshead (Ian Mearns), for Scunthorpe (Nic Dakin) and for Stalybridge and Hyde (Jonathan Reynolds). I pay tribute to my hon. Friends the Members for Plymouth, Moor View (Alison Seabeck) and for Birmingham, Erdington (Jack Dromey) for their excellent work and for leading the debates on our amendments.

I should mention the staff of our shadow ministerial team who worked long hours on speaking notes. Our work was supported immensely by the wise counsel of Sarah Davies and her team in the Public Bill Office. I join in the thanks to our two able Committee Chairs, my hon. Friend the Member for York Central (Hugh Bayley) and the hon. Member for Southend West (Mr Amess).

Sadly, we still have concerns about and objections to a number of the Bill’s proposals. We object most strongly to the 142 extra powers that the Secretary of State wants to take to himself, the most toxic of those being the Henry VIII powers in part 5 which we discussed yesterday. Our amendment 37 proposed limits to those powers to amend, repeal, revoke or disapply any statutory provision.

Ministers still do not understand the alarm and consternation they have caused by introducing these powers and the way they are conducting the review of the statutory duties of councils. I hope they will reflect on the debate and do more in the Bill’s later stages to limit those excessive powers. We disagree profoundly with the proposal to impose shadow mayors on 12 of our largest cities, a proposal that Ministers spent months denying they intended to introduce. It enjoys almost unanimous opposition from political leaders in the cities affected, such as Bradford and Leeds. The Institute of Local Government Studies at the university of Birmingham stated in a recent article:

“It takes quite a determined political masochist to design a policy that unites in opposition to it 100% of those most immediately affected, regardless of party. Yet Communities Secretary Eric Pickles would seem to have pulled it off with his Localism Bill’s elected mayoral package”.

I strongly urge Ministers to look again at their proposal to impose shadow mayors when the Bill goes to the other place.

On pay transparency, we welcome Ministers indicating that they will look at expanding their proposals to include low pay, but they have not gone far enough. Fairness and transparency must be applied to the private sector wherever staff are being paid from the public purse. Ministers can be assured, however, that our opposition on a number of other issues not tested in Divisions is as implacable now as it was in Committee.

We reject the Government’s proposal to levy EU fines on local councils, which we think will prove unworkable and hope will be thrown out when the Bill is debated in the other place. Ministers have talked about reducing burdens on local councils, but they are creating new

18 May 2011 : Column 459

duties and financial responsibilities at a time when councils are struggling with the challenge of dealing with the Government’s swingeing, front-loaded cuts. Most importantly, we still have serious concerns and objections to their proposals on planning and on homelessness and social housing tenure. As my hon. Friend the Member for Birmingham, Erdington said, the Government have not moved far enough on the duty to co-operate. Worse than that, the additional changes to planning announced in the Budget and Government new clause 15 have created, as my hon. Friend suggested yesterday,

“confusion, chaos and nothing short of a car crash.”—[Official Report, 17 May 2011; Vol. 528, c. 276.]

I hope that it is clear to Ministers after yesterday’s debate that there are grave concerns about Government new clause 15, which allows financial matters to be a material consideration in planning applications. This effectively means that planning decisions could be for sale. As my right hon. Friend the Member for Greenwich and Woolwich said, the new clause poses a threat to the integrity of the planning system. The national planning policy framework should have been made available so that it could be part of our consideration. The Minister says that it will be launched for consultation later, but that is not good enough in the context of a Bill that makes such radical changes to the planning system.

The Opposition want to give communities a say over the future of their high streets. I hope that our new clause that proposes bringing in a retail diversity scheme will find favour in the other place after Government Members rejected it yesterday.

Ministers did not listen to our concerns or objections on their proposals on homelessness and tenure reform in social housing, and there was no consensus on these proposals. My hon. Friend the Member for Plymouth, Moor View made it clear that there is much in the Bill’s housing proposals with which we cannot agree, from the Government’s plans to weaken the homelessness duty to their plans to remove security of tenure, which would act as a brake on aspiration and a barrier to employment.

On security of tenure, the Bill will cause instability and insecurity for tenants. We are concerned about the Government taking away the rights of existing tenants. Their proposals to put homeless people straight into the private rented sector could lead to a cycle of evictions and further homelessness. We hope that scrutiny of the Bill in the other place will achieve important changes, including an accreditation scheme for the private rented sector.

In more than 70 hours of debate, we have worked hard to improve the Bill, but much more needs to be changed and revised. A Bill should not be rushed on to the statute book when it was not ready to start with, when it was not subject to adequate consultation and when Ministers have rejected many sensible amendments put forward during this and earlier debates. Therefore, we will vote against the Bill, because we want to send the message that much more change and improvement is needed.

6.44 pm

Andrea Leadsom: I wish to speak very briefly on behalf of my constituency of South Northamptonshire. I and my constituents thoroughly welcome the Bill,

18 May 2011 : Column 460

because at last it gives people the chance to allow communities to determine the fate of their own environment. For so long, Northamptonshire has been subject to a regional spatial strategy that has dumped housing all around its green spaces, and people have not been able to have a real say over what happens.

We have the West Northamptonshire Development Corporation, which was given planning powers to see through those developments, yet we have not had the section 106 money, and we do not have the infrastructure, roads or even school places and GP surgeries to cope with the amount of centrally determined housing that has been foisted on Northamptonshire.

On behalf of my constituents, I thoroughly welcome the Bill, but some questions remain, particularly in my area, about how we get from where we are today to where we want to be. Surely bodies such as the West Northamptonshire Development Corporation and the West Northamptonshire joint strategic planning committee, both of which the previous Government foisted on us, have to be removed in a post-Localism Bill world. I hope that my right hon. and hon. Friends on the Front Bench will listen to that very carefully.

Finally, on wind farms, we are desperately keen to see local people able to influence the siting and number of them in their area.

6.45 pm

Stephen Gilbert: Before I move on to my remarks about the Bill, I should like to join colleagues from all parts of the House in paying tribute to David Cairns, the former Member for Inverclyde. I understand that Opposition Members want to finish in order to attend his funeral, and that is perfectly understandable, so I will be as brief as I can.

Overall, this is a landmark Bill that should be welcomed on a cross-party basis. Taking Whitehall out of the town hall has been a key feature of the double devolution that the right hon. Member for South Shields (David Miliband) has spoken and written about. It will help enable the big society, the vision of our country described best by my right hon. Friend the Prime Minister, and it is a huge step in the right direction of the community politics that Liberals and Liberal Democrats have articulated for many a year.

The Bill frees councils, enables councillors and empowers local communities. For the first time, councils get the power of general competence: the ability to act in any area where they think that that is in the best interest of their local communities. They get extra financial freedoms, and the housing revenue account, long hated by councils and councillors, is being reformed. We are seeing increased rights and responsibilities for councillors, and the end of the ridiculous notion that having an opinion on a local issue before going into a meeting to talk about it will predetermine how they act. We are seeing the right of communities to buy assets, which might have been lost to those communities without this Bill. We are seeing local organisations have the right to challenge badly performing local authorities for contracts, and through the ability to hold referendums we are seeing additional democratic checks placed in our community.

For 13 years we have seen that increasing centralisation—an increasing reliance on a top-down approach to our communities—does not work. We know that centralised systems cannot display initiative or

18 May 2011 : Column 461

difference, because they are too big to fail. By dispersing power throughout the country, we are going to have a plethora of different approaches to service delivery, reflecting the particular needs of local communities, and that will be healthy for the communities concerned and for the country as a whole.

Briefly, I should like to turn to my concern, which we were not able to debate yesterday, about the asymmetry of the planning process. Colleagues will be aware that I tabled new clause 4, which would have introduced a limited community right of appeal. I am quite clear, however, that the other 18 Members who signed that new clause are keen to see work proceed to ensure that developers no longer have the whip hand on planning applications, and I know that the Minister of State, Department for Communities and Local Government, my right hon. Friend the Member for Tunbridge Wells (Greg Clark), gave assurances on plans to address that concern in the national planning policy framework. It was, after all, a manifesto commitment of both coalition partners.

I pay tribute to my fellow members of the Bill Committee. It seemed like a marathon session over many months, and indeed it was. I pay tribute to the Clerks who supported us in our deliberations, and to the officials, who are already making an early exit from their Box. I note that we managed to keep them awake for the past two days. I hope that our noble colleagues at the other end of the building are equally able to keep them on their toes. I also pay tribute to the hon. Member for York Central (Hugh Bayley) and my hon. Friend the Member for Southend West (Mr Amess), who so ably chaired our discussions, which were broadly non-partisan—although we saw a little bit of opportunistic opposition from Labour Front Benchers this evening.

Question put, That the Bill be now read the Third time.

The House divided:

Ayes 300, Noes 216.

Division No. 283]

[6.50 pm

AYES

Adams, Nigel

Afriyie, Adam

Aldous, Peter

Andrew, Stuart

Arbuthnot, rh Mr James

Bacon, Mr Richard

Bagshawe, Ms Louise

Baker, Norman

Baker, Steve

Baldry, Tony

Baldwin, Harriett

Barclay, Stephen

Barker, Gregory

Bebb, Guto

Beith, rh Sir Alan

Bellingham, Mr Henry

Benyon, Richard

Beresford, Sir Paul

Berry, Jake

Bingham, Andrew

Binley, Mr Brian

Birtwistle, Gordon

Blackman, Bob

Blunt, Mr Crispin

Boles, Nick

Bone, Mr Peter

Bradley, Karen

Brady, Mr Graham

Brake, Tom

Bray, Angie

Bridgen, Andrew

Brokenshire, James

Brooke, Annette

Bruce, Fiona

Burley, Mr Aidan

Burns, Conor

Burrowes, Mr David

Burstow, Paul

Burt, Lorely

Byles, Dan

Cairns, Alun

Campbell, rh Sir Menzies

Carmichael, rh Mr Alistair

Carmichael, Neil

Carswell, Mr Douglas

Cash, Mr William

Chishti, Rehman

Chope, Mr Christopher

Clappison, Mr James

Clark, rh Greg

Clarke, rh Mr Kenneth

Clifton-Brown, Geoffrey

Coffey, Dr Thérèse

Collins, Damian

Colvile, Oliver

Cox, Mr Geoffrey

Crabb, Stephen

Crockart, Mike

Crouch, Tracey

Davey, Mr Edward

Davies, David T. C.

(Monmouth)

Davies, Glyn

Davies, Philip

Dinenage, Caroline

Djanogly, Mr Jonathan

Dorrell, rh Mr Stephen

Dorries, Nadine

Doyle-Price, Jackie

Drax, Richard

Duddridge, James

Duncan, rh Mr Alan

Duncan Smith, rh Mr Iain

Dunne, Mr Philip

Ellis, Michael

Ellison, Jane

Ellwood, Mr Tobias

Eustice, George

Evans, Graham

Evans, Jonathan

Evennett, Mr David

Fabricant, Michael

Featherstone, Lynne

Field, Mr Mark

Foster, rh Mr Don

Fox, rh Dr Liam

Francois, rh Mr Mark

Freeman, George

Freer, Mike

Fuller, Richard

Gale, Mr Roger

Garnier, Mr Edward

Garnier, Mark

Gibb, Mr Nick

Gilbert, Stephen

Gillan, rh Mrs Cheryl

Glen, John

Goldsmith, Zac

Goodwill, Mr Robert

Graham, Richard

Grant, Mrs Helen

Gray, Mr James

Grayling, rh Chris

Green, Damian

Greening, Justine

Grieve, rh Mr Dominic

Griffiths, Andrew

Gummer, Ben

Gyimah, Mr Sam

Halfon, Robert

Hames, Duncan

Hammond, rh Mr Philip

Hammond, Stephen

Hancock, Matthew

Harper, Mr Mark

Harrington, Richard

Harris, Rebecca

Hart, Simon

Harvey, Nick

Haselhurst, rh Sir Alan

Hayes, Mr John

Heald, Oliver

Heath, Mr David

Heaton-Harris, Chris

Hemming, John

Henderson, Gordon

Hinds, Damian

Hoban, Mr Mark

Hollingbery, George

Hollobone, Mr Philip

Holloway, Mr Adam

Hopkins, Kris

Horwood, Martin

Howell, John

Hughes, rh Simon

Huhne, rh Chris

Hunter, Mark

Huppert, Dr Julian

Hurd, Mr Nick

Jackson, Mr Stewart

James, Margot

Javid, Sajid

Jenkin, Mr Bernard

Johnson, Gareth

Johnson, Joseph

Jones, Andrew

Jones, Mr David

Jones, Mr Marcus

Kawczynski, Daniel

Kelly, Chris

Kirby, Simon

Knight, rh Mr Greg

Kwarteng, Kwasi

Laing, Mrs Eleanor

Lancaster, Mark

Lansley, rh Mr Andrew

Latham, Pauline

Leadsom, Andrea

Lee, Jessica

Lee, Dr Phillip

Lefroy, Jeremy

Leigh, Mr Edward

Leslie, Charlotte

Letwin, rh Mr Oliver

Lewis, Brandon

Liddell-Grainger, Mr Ian

Lidington, rh Mr David

Lloyd, Stephen

Lopresti, Jack

Lord, Jonathan

Loughton, Tim

Lumley, Karen

Main, Mrs Anne

Maude, rh Mr Francis

McCartney, Jason

McCartney, Karl

McIntosh, Miss Anne

McLoughlin, rh Mr Patrick

McPartland, Stephen

McVey, Esther

Menzies, Mark

Mercer, Patrick

Metcalfe, Stephen

Miller, Maria

Mills, Nigel

Moore, rh Michael

Mordaunt, Penny

Morgan, Nicky

Morris, Anne Marie

Morris, David

Morris, James

Mosley, Stephen

Mowat, David

Mulholland, Greg

Mundell, rh David

Munt, Tessa

Murray, Sheryll

Murrison, Dr Andrew

Newmark, Mr Brooks

Newton, Sarah

Nokes, Caroline

Norman, Jesse

Nuttall, Mr David

Offord, Mr Matthew

Ollerenshaw, Eric

Ottaway, Richard

Paice, rh Mr James

Parish, Neil

Paterson, rh Mr Owen

Pawsey, Mark

Penrose, John

Percy, Andrew

Phillips, Stephen

Pickles, rh Mr Eric

Pincher, Christopher

Poulter, Dr Daniel

Prisk, Mr Mark

Pritchard, Mark

Pugh, John

Raab, Mr Dominic

Randall, rh Mr John

Reckless, Mark

Redwood, rh Mr John

Rees-Mogg, Jacob

Reevell, Simon

Reid, Mr Alan

Rifkind, rh Sir Malcolm

Robathan, rh Mr Andrew

Robertson, Hugh

Robertson, Mr Laurence

Rosindell, Andrew

Rudd, Amber

Ruffley, Mr David

Russell, Bob

Rutley, David

Sanders, Mr Adrian

Sandys, Laura

Scott, Mr Lee

Selous, Andrew

Shapps, rh Grant

Sharma, Alok

Shelbrooke, Alec

Shepherd, Mr Richard

Simmonds, Mark

Simpson, Mr Keith

Skidmore, Chris

Smith, Miss Chloe

Smith, Henry

Smith, Julian

Smith, Sir Robert

Soames, Nicholas

Soubry, Anna

Stephenson, Andrew

Stevenson, John

Stewart, Bob

Streeter, Mr Gary

Stride, Mel

Stuart, Mr Graham

Stunell, Andrew

Swales, Ian

Swayne, Mr Desmond

Swinson, Jo

Swire, rh Mr Hugo

Syms, Mr Robert

Tapsell, Sir Peter

Teather, Sarah

Thurso, John

Timpson, Mr Edward

Tomlinson, Justin

Tredinnick, David

Truss, Elizabeth

Turner, Mr Andrew

Tyrie, Mr Andrew

Uppal, Paul

Vaizey, Mr Edward

Vickers, Martin

Villiers, rh Mrs Theresa

Walker, Mr Charles

Walter, Mr Robert

Watkinson, Angela

Weatherley, Mike

Webb, Steve

Wharton, James

Wheeler, Heather

White, Chris

Whittaker, Craig

Whittingdale, Mr John

Wiggin, Bill

Willetts, rh Mr David

Williams, Mr Mark

Williams, Roger

Williams, Stephen

Williamson, Gavin

Willott, Jenny

Wilson, Mr Rob

Wollaston, Dr Sarah

Wright, Jeremy

Wright, Simon

Yeo, Mr Tim

Young, rh Sir George

Zahawi, Nadhim

Tellers for the Ayes:

Mr Shailesh Vara and

Norman Lamb

NOES

Abrahams, Debbie

Ainsworth, rh Mr Bob

Alexander, Heidi

Ali, Rushanara

Anderson, Mr David

Austin, Ian

Bailey, Mr Adrian

Bain, Mr William

Balls, rh Ed

Banks, Gordon

Beckett, rh Margaret

Begg, Dame Anne

Bell, Sir Stuart

Benn, rh Hilary

Benton, Mr Joe

Berger, Luciana

Betts, Mr Clive

Blackman-Woods, Roberta

Blears, rh Hazel

Blenkinsop, Tom

Blomfield, Paul

Blunkett, rh Mr David

Bradshaw, rh Mr Ben

Brennan, Kevin

Brown, Lyn

Brown, rh Mr Nicholas

Bryant, Chris

Buck, Ms Karen

Burnham, rh Andy

Campbell, Mr Alan

Campbell, Mr Ronnie

Caton, Martin

Chapman, Mrs Jenny

Clark, Katy

Clarke, rh Mr Tom

Clwyd, rh Ann

Coaker, Vernon

Coffey, Ann

Connarty, Michael

Cooper, Rosie

Cooper, rh Yvette

Corbyn, Jeremy

Crausby, Mr David

Creagh, Mary

Creasy, Stella

Cruddas, Jon

Cryer, John

Cunningham, Alex

Cunningham, Mr Jim

Cunningham, Tony

Curran, Margaret

Dakin, Nic

David, Mr Wayne

Davidson, Mr Ian

Davies, Geraint

De Piero, Gloria

Denham, rh Mr John

Dobson, rh Frank

Docherty, Thomas

Dowd, Jim

Doyle, Gemma

Dromey, Jack

Dugher, Michael

Eagle, Ms Angela

Eagle, Maria

Edwards, Jonathan

Efford, Clive

Elliott, Julie

Esterson, Bill

Evans, Chris

Farrelly, Paul

Field, rh Mr Frank

Fitzpatrick, Jim

Flello, Robert

Flint, rh Caroline

Francis, Dr Hywel

Gapes, Mike

Gardiner, Barry

Gilmore, Sheila

Glass, Pat

Glindon, Mrs Mary

Godsiff, Mr Roger

Goggins, rh Paul

Greatrex, Tom

Green, Kate

Griffith, Nia

Gwynne, Andrew

Hain, rh Mr Peter

Hamilton, Mr David

Hamilton, Fabian

Hanson, rh Mr David

Harman, rh Ms Harriet

Havard, Mr Dai

Healey, rh John

Hendrick, Mark

Hepburn, Mr Stephen

Heyes, David

Hillier, Meg

Hood, Mr Jim

Hopkins, Kelvin

Howarth, rh Mr George

Hunt, Tristram

Irranca-Davies, Huw

Jackson, Glenda

James, Mrs Siân C.

Jamieson, Cathy

Jarvis, Dan

Johnson, Diana

Jones, Helen

Jones, Mr Kevan

Jones, Susan Elan

Joyce, Eric

Kaufman, rh Sir Gerald

Keeley, Barbara

Kendall, Liz

Khan, rh Sadiq

Lammy, rh Mr David

Lavery, Ian

Lewis, Mr Ivan

Lloyd, Tony

Llwyd, rh Mr Elfyn

Love, Mr Andrew

MacShane, rh Mr Denis

Mactaggart, Fiona

Mahmood, Mr Khalid

Mahmood, Shabana

Mann, John

Marsden, Mr Gordon

McCabe, Steve

McCann, Mr Michael

McCarthy, Kerry

McClymont, Gregg

McDonnell, John

McFadden, rh Mr Pat

McGovern, Alison

McGovern, Jim

McGuire, rh Mrs Anne

McKechin, Ann

McKinnell, Catherine

Meacher, rh Mr Michael

Meale, Mr Alan

Mearns, Ian

Michael, rh Alun

Mitchell, Austin

Moon, Mrs Madeleine

Morden, Jessica

Morrice, Graeme

(Livingston)

Morris, Grahame M.

(Easington)

Mudie, Mr George

Munn, Meg

Murphy, rh Mr Jim

Murphy, rh Paul

Murray, Ian

Nandy, Lisa

Nash, Pamela

O'Donnell, Fiona

Onwurah, Chi

Osborne, Sandra

Pearce, Teresa

Pound, Stephen

Qureshi, Yasmin

Raynsford, rh Mr Nick

Reed, Mr Jamie

Reeves, Rachel

Reynolds, Emma

Reynolds, Jonathan

Robertson, John

Robinson, Mr Geoffrey

Rotheram, Steve

Roy, Mr Frank

Roy, Lindsay

Ruane, Chris

Ruddock, rh Joan

Sarwar, Anas

Seabeck, Alison

Shannon, Jim

Sharma, Mr Virendra

Sheerman, Mr Barry

Sheridan, Jim

Shuker, Gavin

Skinner, Mr Dennis

Slaughter, Mr Andy

Smith, rh Mr Andrew

Smith, Angela

Smith, Nick

Smith, Owen

Spellar, rh Mr John

Straw, rh Mr Jack

Stringer, Graham

Stuart, Ms Gisela

Sutcliffe, Mr Gerry

Tami, Mark

Thomas, Mr Gareth

Timms, rh Stephen

Trickett, Jon

Turner, Karl

Twigg, Derek

Umunna, Mr Chuka

Vaz, rh Keith

Vaz, Valerie

Walley, Joan

Watson, Mr Tom

Watts, Mr Dave

Whitehead, Dr Alan

Wicks, rh Malcolm

Williams, Hywel

Williamson, Chris

Wilson, Phil

Winnick, Mr David

Winterton, rh Ms Rosie

Wood, Mike

Woodcock, John

Woodward, rh Mr Shaun

Wright, David

Wright, Mr Iain

Tellers for the Noes:

Lilian Greenwood and

Graham Jones

Question accordingly agreed to.

Bill accordingly read the Third time and passed.

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Bob Russell (Colchester) (LD): On a point of order, Mr Deputy Speaker. On Friday, a Department for Environment, Food and Rural Affairs written statement said that there would no ban on exotic animals in circuses, as had been expected. On Monday and Tuesday, I sought to ask an urgent question on that, and made a point of order on Monday. It transpires that there is doubt as to the accuracy of Friday’s statement. Is it possible for a Minister to come to the House to clarify that statement, because it is almost certainly wrong?

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Mr Deputy Speaker (Mr Nigel Evans): No Minister has notified me that they wish to make a statement on this matter, or indeed on any other matter, but I am sure that those on the Treasury Bench will have heard exactly what the hon. Gentleman says.

Business without Debate

European Union Documents

Motion made, and Question put forthwith (Standing Order No. 119(11)),

Mechanisms for Control

That this House takes note of European Union Document No. PE-CONS 64/10, relating to a Draft Regulation laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers, which was agreed by the Council and Parliament at First Reading and formally adopted by the European Council on 14 February 2011; and supports the Government’s approach to ensure Member States can examine and scrutinise fully implementing acts before they are adopted by the Commission.—(Miss Chloe Smith.)

Question agreed to.

Petition

Abduction (Devlan and Caelan Spooner)

7.6 pm

Mark Lancaster (Milton Keynes North) (Con): I should like to present the petition of my constituent, Miss Alice Bramall, of Newton Blossomville, which is similar to one signed by 500 of my constituents.

The petition states:

The Petition of residents of Milton Keynes,

Declares that Mr Ken Spooner’s children, Devlan and Caelan, were abducted to Zambia by their mother; notes the existence of a High Court Order requiring Devlan and Caelan to be returned to the UK.

The Petitioners therefore request that the House of Commons urges the Government to take all possible steps to ensure that the High Court Order in the case of Devlan and Caelan Spooner is enforced.

And the Petitioners remain, etc.

[P000922]

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Power Line Technology Devices

Motion made, and Question proposed, That this House do now adjourn.—(Miss Chloe Smith.)

7.7 pm

Mark Lancaster (Milton Keynes North) (Con): It is a pleasure to introduce this timely and important debate in the House. Hon. Members who are intrigued by the title will perhaps read the first paragraph, so I should sum up the debate by highlighting my concern, and that of many organisations: Ofcom, and indeed successive Governments, have adopted a reactive approach to the increasing interference from power line technology devices. We urge the Government to take a more proactive approach.

The area that I represent could be deemed to be the home of radio communication. Milton Keynes, which includes the famous code breakers’ base Bletchley Park, was integral in intercepting enemy messages during the second world war. The city is surrounded by listening stations—one of which, the Foreign and Commonwealth Office’s Hanslope Park, continues to protect our country to this day.

Radio is paramount not just in preserving national security; nor is it merely the preserve of outposts around Milton Keynes. Across the world, such technology remains essential to all communication. The spectrum is invaluable in so many ways: to television, radio, mobile phones, the emergency services, the military and security services, hospital pagers, pilots’ landing systems, and many more.

Shortwave radio has proven time and again to be a vital back-up when other communication systems crash in the aftermath of natural disasters or terrorist attacks. For example, radio was used in the immediate aftermath of the attack on New York on 9/11, and in 2005 radio was used to co-ordinate the relief effort following Hurricane Katrina. However, there are fears that the efficiency of radio communication is being jeopardised by the development of new technologies, specifically those known as power line telecommunication devices. PLTs use a home’s mains electricity wiring to route internet and television around a household without using a data cable. As electricity wiring was not designed to carry radio signals, an unwanted by-product—interference—is emitted. That rasping hiss has the power severely to disrupt radio communication.

GCHQ, the BBC, the Civil Aviation Authority and even NATO are some of the bodies that have spoken out about PLTs’ power to interfere with, and therefore impede, their highly essential work. We and our constituents might never have heard of PLTs or the noise they emit, but every single one of us is affected by, and relies on, radio, so this debate is relevant to us all.

As I said, PLT devices use the radio spectrum to send data signals via mains electricity supplies, and tend to come in the form of large mains plugs that can share the internet between computers or high-definition television between rooms, providing an alternative to lots of cables in the home. Most commonly they are provided by BT Vision packages, and it is estimated by the regulator Ofcom that there are about 1.8 million pairs of the equipment in use. In fact, the UK is one of the biggest users of in-home PLT devices in Europe. As mains wiring was not designed for carrying radio signals, PLTs cause it to leak radio signals into the air. All appliances

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leak interference to some extent, but when electric wiring is used to carry broadband, the levels of interference become a significant problem.

I have met constituents who are experts in the field. They can walk down the street with a radio and pinpoint which households are using PLT devices just from the noise emanating from the buildings. We are talking about the pollution of the 21st century. In previous centuries, we have fought smog with campaigns for clean air, and now we are seeing a battle for clean airwaves. My constituents are not alone in their concerns. As I said, there is a chorus of consensus on this issue. The Civil Aviation Authority has expressed concerns about the threat posed to its instrument landing systems. One briefing note states:

“The CAA is concerned that interference originating from the legitimate operation of PLT could adversely impact aeronautical critical systems. Furthermore, it appears that should this occur, it may not be possible to resolve in a timely and safe manner.”

Even if the effects of the PLT are mitigated—I will come to that later—the probability of interference is reduced to 1%, which might sound low, but in aeronautical terms it is still a significant safety risk. The threat posed to aircraft safety by radio interference has been taken very seriously in the past. For example, in October 2009, in my neighbouring constituency of South West Bedfordshire, Ofcom paid a visit to 12-year-old Nickie Chamberlain in Leighton Buzzard. His TV booster aerial, which was faulty, was emitting interference that caused pilots at nearby Luton airport to complain. Ofcom acted quickly.

Even NATO has investigated the effects of PLTs on its equipment. One report states that the noise coming from PLT devices

“has the potential to cause problems for military HF (high frequency) radio communications and communication intelligence in all NATO countries”.

The Radio Society of Great Britain has been highlighting concerns about PLTs’ unwanted noise for 10 years. It clearly states that

“it will not be possible to recover the damage done to the spectrum unless action is taken very quickly”,

and that this “invaluable natural resource”—the spectrum—

“is being consigned to history”.

The BBC has also commissioned investigations into the effects of PLT devices. The most recent, published in March, described the “tearing” sound of the PLT, which at best was annoying and at worst made a broadcast programme incomprehensible.

However, the most damning indictment so far has come from GCHQ, which deemed PLTs

“likely to cause a detrimental effect to part of the core business of this Department.”

In a statement issued on 10 March, it concurred with others’ view that the interference from these devices

“was likely to pose a safety of life risk”.

It concluded that PLTs

“should not be available for sale/use within the EU”.

However, when I asked, in a written question, for the Minister’s opinion on that statement, I was informed that it had, intriguingly, been withdrawn. Just as PLTs have an odd effect on surrounding radios, the issue has had a curious effect on the associated authorities. GCHQ,

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as I said, expressed an unequivocal stance on the issue, but then withdrew it. Ofcom, too, is behaving rather strangely.

All electronic devices must adhere to the essential requirements—the Electromagnetic Compatibility Regulations 2006—which are based on the European electromagnetic compatibility directive. Ofcom was advised in a report it commissioned by ERA Technology in September 2008 that:

“It is considered that the Ethernet Power Line Adapters do not meet the Essential Requirements of the EMC Directive; emissions could potentially cause interference to communications equipment.”

However, Ofcom maintains that PLTs are not in breach, because it has investigated 227 complaints, and all but one have been resolved by BT engineers. There are, however, many problems with this methodology. First, these are isolated cases and small-scale investigations. However, the report bases findings on results from scientific experiments in the controlled conditions of electromagnetic compatibility test laboratories.

Secondly, as I hope my hon. Friend the Minister will agree, complaints tend to represent the tip of the iceberg. If one receives 10 complaints about an issue, they are likely to be indicative of scores of other qualms. Thirdly, what has happened shows that Ofcom is taking a reactive and not a proactive approach. Rather than heeding its own commission’s report, which says that PLTs do not comply with the directive, and then seeking out breaches, it is relying on people to approach the regulator. Why is Ofcom judging PLTs’ compliance not by the results of scientific experiments, but by the number of complaints that it has received? What other industry would prove the regulatory compliance of its products in that way?

The crucial point for my constituents is that Ofcom says that there are no relevant standards when it comes to PLTs and that it is waiting for the EU to formulate a “harmonised standard”. The Minister recently told me in answer to a parliamentary question:

“The Regulations do not set specific levels of interference”.—[Official Report, 10 March 2011; Vol. 527, c. 1199W.]

However, there is a standard: EN 22022, which is listed under the EU electromagnetic compatibility directive—or EMC directive—for controlling interference from data communication products such as PLTs.

Jim Shannon (Strangford) (DUP): The hon. Gentleman has mentioned health and safety on a number of occasions in his presentation to the House this evening. Does he see local government as having an enforcement role in responding to health and safety issues?

Mark Lancaster: The hon. Gentleman makes a valid point that perhaps the Minister will address when he winds up.

The EN 22022 standard includes a threshold that has been agreed internationally for decades, and the ERA test report said that PLTs exceeded it. In fact, the acceptable level of interference was surpassed by 30 dB. I am told that that equates to 1,000 times the interference power that any other domestic product is permitted. Why are we waiting for a new standard when there is already one in place?

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Another problem is that Ofcom is basing its stance on the current situation, not future projections. However, the interference caused by PLTs is set to get worse, for various reasons. First, more and more people will sign up for television and internet packages that use PLTs, which are set to figure highly in the YouView package due to be launched next year. One report, which I will discuss shortly, estimates that the number of PLT users per square kilometre will increase from 159 in 2010 to a massive 703 in 2020. Secondly, as different PLT manufacturers compete to provide better services the interference will get worse, because they will be using a greater part of the spectrum. They are already veering into the very high frequency range, which has reportedly increased interference. Thirdly, PLT devices are being discussed as a way of communicating information about energy usage as part of smart grid technology, or as a way of providing data-linking between appliances around a house.

Ofcom’s stance on PLT devices is also at variance with the conclusions of a report that it commissioned PA Consulting Group to undertake in June 2010. Ofcom claims that the current situation is acceptable because there are fewer complaints, in spite of a higher uptake of PLT units. Conversely, however, the PA report said:

“there will be a high probability of interference to some existing spectrum users…if PLT device features do not change from those currently implemented”.

PA recommends that in future, inference will be staved off only if devices are manufactured with mitigating features such as power control. I would be grateful if the Minister could say whether that has been put in place. PA also says:

“notches in the VHF aeronautical radio navigation bands should be mandated”.

Does the Minister know whether that has taken place? If mitigation is so essential, what does Ofcom propose to do about devices that are already in use—the ones that are circulated second hand or manufactured abroad, none of which will have mitigating technology? The PA report warns:

“it should not be assumed that the existing installed base is traceable or could be updated to incorporate these features”.

Moreover, what investigations have taken place into the efficacy of notching, considering that it is disputed whether this technique actually works? The Radio Society of Great Britain says that these technologies are “unproven” and that

“in the home their effectiveness in reducing interference to radio services will be much reduced”.

I would like to know whether the Minister has liaised with his colleagues heading up the excellent Digital Britain initiative. The current fibre-to-the-cabinet broadband upgrades that are being rolled out—some in my constituency, which is very welcome—share part of the same spectrum as PLTs. A report by the European Telecommunications Standards Institute showed that PLTs can interfere with this new technology. BT may well be rolling out products that do not work alongside each other.

The problem is not without precedent. Every time a new technology is introduced, it impacts on existing technology, not least in the world of radio communications. In the early 1890s, spark transmitter radios were all the rage, until the cacophony became overpowering and legislation had to be introduced. Fifty years later, when cars and televisions were new and exciting inventions,

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people’s television pictures could be distorted by the spark plugs of a passing car. Soon after, suppressors were introduced for all cars.

In 2011 we are replete with electronic devices. We want to do everything faster, and simultaneously. We want to watch our high-definition televisions while surfing the net and using our smartphones. The radio waves are crowded, competing with one another. We have an electromagnetic compatibility directive that has hitherto kept interference in check. The Department says that the directive does not specify acceptable interference levels, but the standards that it lists do, and experts in the field have been using them for many decades. The aforementioned ERA report shows that PLTs inherently breach that threshold.

Ofcom seems to place great importance on the fact that the complaints have been received from users of shortwave broadcasts and hobby radio users, but the security services can pick up the shortwave broadcasts of terrorists, pilots use shortwave broadcasts to help them to land their aircraft, and ships have sent distress signals half way across the world using these frequencies. We need to clear the way for such essential radio messages to be made or traced, and not allow their paths to be blocked by radio pollution.

Will the Minister acknowledge that this is an issue of great concern? Will he promise to base his stance on PLTs not merely on the number of current complaints, but on the results of scientific experiments, on the conclusions of expert reports based on well-established interference limits, on the strength of feeling from experts in the field, and on the projections for the future number and usage of these devices? Will he also instigate some form of market surveillance? Instead of reacting only to individual complaints, will he initiate a holistic assessment of the proliferation of PLTs? Will he reconsider the fact that there are thresholds in place for interference, and that PLTs currently do not meet those standards? Finally, will he liaise with other Departments to press for category 5 broadband cables to be installed in all new homes as standard? This whole issue strikes me as a result of short-termism, with homes having to be retrofitted with technology. There is no reason why we should not plan ahead and create a suitable data infrastructure, rather than continuing with unsuitable piggybacking on existing technology.


7.22 pm

The Minister of State, Department for Business, Innovation and Skills (Mr Mark Prisk): I congratulate my hon. Friend the Member for Milton Keynes North (Mark Lancaster) not only on securing this important debate but on his highly informed speech. I will try to respond to the specific points that he has raised, but perhaps it might help the House if I first set out some background on power line technology products, the Government’s policy on this matter and the potential impact for the radio spectrum.

The main applications of power line technology are in home networking—we are all familiar with local area networks—as well as smart metering, with which we are becoming increasingly familiar, and home automation. This is a global technology, responding to consumer demand, and we see it being used not only here in the UK but in the rest of Europe, in the United States and in Australia. The use of PLT enables the increased

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delivery of digital services, including broadband access, smart metering, and television services from companies such as BT. One of the practical benefits of PLT is that it frees the user from a fixed location.

It is acknowledged that as PLT moves to higher frequencies, above 30 MHz, there is increased potential for interference, although as my hon. Friend pointed out, this is the case not just with PLT but with a wide variety of new and emerging electronic systems. Experiments by the BBC indicate there is some potential for localised interference. In practice, however, the evidence from people using the devices suggests that this problem is negligible. There are 1.8 million devices in service in the UK, but the number of complaints has been confined to a couple of hundred over the past three years. I shall turn to those in a moment. It is worth bearing in mind that those complaints are centred on a specific group of users, principally hobby radio amateurs, including those using citizens’ band radio. That is not to say that this group is not important, but it suggests that the nature of the problem is confined. The experience in the UK is reflected elsewhere. For example, following complaints in Germany, the authorities investigated the situation, but declined to ban any products. In Austria, following a product challenge brought by the official regulator, the courts rejected the claim of non-conformity.

In common with most electronic products sold in the UK, power line technology equipment is required to comply with the Electromagnetic Compatibility Regulations 2006, which are based on the European electromagnetic compatibility directive of 2004. The essential requirements, which I know the House will want to understand, are that PLT equipment, to quote that regulation,

“shall be designed and manufactured, having regard to the state of the art and good engineering practice, so as to ensure that the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended.”

The current regulations, as we have heard, do not set specific levels of interference; rather, they set objectives to ensure that properly designed radio systems will operate when other electrical equipment, such as PLT apparatus, is in use. The regulations are trying to remain flexible as this technology develops and adapts. Equally, not imposing a mandatory fixed standard allows the regulatory environment to adapt as experience of the use of this new technology emerges.

My hon. Friend referred to EN55022, and I am sure most Members are no more familiar with it than many Ministers have been over the years. Let me explain that, following discussions between the European Commission, member states and the industry, it was agreed that this standard could not apply to PLT equipment for a variety of technical and administrative reasons. The Commission has therefore asked the European standards organisations to adopt an appropriate standard. Until such time as a standard is available—it is logical that it will affect both the UK and the wider markets in which British manufacturers work—manufacturers will need to design products that meet the objective, taking into account key issues such as the extent of knowledge, the requirements of other users of the spectrum—an important principle—good engineering practice and the state of the art. This does mean that, for a period, there will be a lack of absolute certainty as to what is acceptable. Let me be clear, however, that should products be placed on

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the market that do not meet the objectives of the regulations—in other words, they cause unreasonable interference—those manufacturers should expect enforcement action to be taken.

Let me explain how enforcement works before coming on to the specific issues about GCHQ and others. In the United Kingdom, enforcement of protection of the radio spectrum for radio amateurs is now the responsibility of Ofcom, while the BBC is the relevant enforcement authority for interference with commercial broadcasts. Ofcom takes a proactive approach to its enforcement role, but it can take action, like any regulator, only where non-compliance can be shown.

As my hon. Friend has already stated, in June last year Ofcom commissioned an independent study, “The Likelihood and Extent of Radio Frequency Interference from In-Home PLT Devices”, better to understand the technical aspects behind its impacts. The study broadly concluded that, provided that PLT equipment entering the market continues to advance technologically—this is the key point—there will be a “negligible” probability of interference to the majority of spectrum users in the coming 10 years. We all need to bear in mind that these advances in technology are often driven by consumer demand, as my hon. Friend rightly pointed out, and by the desire to produce more energy-efficient and therefore cheaper devices.

Mitigation techniques include fixed notching—limiting transmission to a part of the radio spectrum; smart notching—an automated scanning of the spectrum for free space; and power saving. In response to concerns raised by amateur radio users, including CB users, their bands are subject to fixed notching. As the use of PLTs and higher frequencies becomes more common, this situation might be revised and additional mitigation techniques such as smart notching could well become more prevalent and be applied more widely. This is likely to coincide with the development of a European standard.

Let me deal now with complaints. Between July 2008 and March this year, Ofcom received 228 complaints that were attributed to PLT devices. To be fair, this needs to be seen in the context of about 1.8 million pieces of PLT equipment supplied here. All the complaints about PLT have been referred to the supplier for resolution and all except one have been resolved. Furthermore, I am advised that all the complaints were received from hobby radio amateurs. Ofcom rightly points out that amateur radio licensees do not have an absolute legal right to an absolutely “clean spectrum”. It is also worth noting that the number of complaints received over the last 12 months has been significantly less than during the previous 12 months—from 147 down to 53—even though, as my hon. Friend said, there has been an increasing rate of supply of this equipment.

My hon. Friend mentioned his constituent in the Bedford area. Reference to problems caused by television aerial boosters serves to remind us that many products in common use do cause problems. In this instance Ofcom was able to take prompt action, which I think is a sign that it is not being merely reactive.

Let me now deal with more serious issues relating to GCHQ and the Civil Aviation Authority. The GCHQ statement was issued by a staff member without proper

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authority, and contained inaccuracies. It has therefore subsequently been withdrawn. I am advised that the statement does not reflect the position of GCHQ, which has informed my Department that PLT is not currently affecting its capability.

The CAA has now specifically stated that it does not endorse or support the comments in the withdrawn GCHQ statement to which my hon. Friend referred. I accept that it is important to safety in aerospace, which he rightly mentioned, for all potential risks to be considered carefully, and the Government are clear about that. The CAA tells me that at present it has no evidence that a problem exists, but this is a new technology, and I can tell my hon. Friend that the CAA intends to undertake further testing as the higher-frequency products emerge on the market.

When I looked into the issue in preparation for the debate, I was encouraged to learn that the Ministry of Defence, the police and the fire and rescue, ambulance, coastguard and lifeboat services have all reported no complaints about interference. That breadth of evidence seems to me to support the conclusion that the problem is limited to a particular group of people. It is not a case of complacency; it is, as I know my hon. Friend will understand, a case of trying to judge the proportion of the risk.

My hon. Friend raised the important question of co-ordination in the context of the development of category 5. The Digital Britain team emanated largely from my Department, and we have close links with it as well as the Department for Culture, Media and Sport and the Department for Transport. Ofcom tells me that it regularly consults all the relevant public and private stakeholders, including GCHQ, the CAA and the Radio Society of Great Britain.

My hon. Friend asked whether category 5 broadband cables would be installed as standard practice in all new homes. I am advised that that initiative was part of the programme of the Digital Britain team. It must be said that although dedicated cabling may be the best engineering solution, it is not generally practicable to install it in existing homes without significant cost or disruption. For new build and rewiring it may make sense, but the rising cost of copper may make it prohibitively expensive.

As with all potential sources of interference in the radio spectrum, users, especially those with the potential to affect security and safety-critical systems, we take our responsibilities seriously. The current regulatory regime is more flexible than some users may wish it to be, but that is for a good reason. As I have said, it must be able to adapt to changes in technology and its use. The Government intend to monitor the situation carefully, principally via Ofcom. Ofcom will continue to address any complaints that arise, but so far it has concluded that the technology complies with the requirements of the legislation, and that the few instances of difficulty should be dealt with on a case-by-case basis.

The Government will continue to pay attention to the concerns of complainants, but we believe that a ban on PLT products would be wholly disproportionate. Let me put it simply: our approach is to be vigilant in monitoring the situation and proportionate in enforcement.

Question put and agreed to.

7.35 pm

House adjourned.