Planning Bill

This is a good point at which to finish our deliberations today. I am grateful for the support of the whole Committee in helping us to reach this point. The group contains important government amendments. I will speak to government Amendments Nos. 333, 335 and 452 and the opposition amendments at the same time. In the Bill, the Government have made every effort to listen to concerns that have been put to us and to accommodate other views where we can. Throughout this process, there has been strong public engagement. I am sure that noble Lords know that the Bill has been substantially changed since it was introduced into the other place in November. There are strong concerns in both Houses about the fact that decisions about nationally significant infrastructure projects should be taken by an independent body—the IPC. The Government held extensive discussions on these concerns and took various steps to address them. One of the main concerns was that the Bill did not provide for a safety valve if the system was not working. As such, my right honourable friend the Secretary of State made a commitment at Report stage in the other place that the Government would carry out a review of how the IPC was working two years after it accepted its first application. That is a sensible benchmark. The Government also agreed to table amendments to the Bill in this House so that, if the review revealed problems, the grounds on which Ministers can intervene in applications made to the IPC and take the decisions themselves could be extended. My Amendments Nos. 333, 335 and 452 meet that commitment. Noble Lords will know from our debates that the Bill already provides Ministers with a power of intervention at Clause 108. As set out in detail at Clause 106, the Secretary of State may intervene to decide an application in place of the commission if she considers that there has been a ““significant change”” in the circumstances on the basis of which the policy in a relevant national policy statement was decided. There follows in that clause a logical sequence of tests to be met in determining whether something constitutes a ““significant change””. The change must not have been anticipated at that time; it must be such that, had it been anticipated it would have meant that the policy would have been materially different and therefore the difference would have been likely to have a material effect on the commission’s decision on the application. In addition, there must be an urgent need, in the national interest, for the application to be decided before the national policy statement can be reviewed. Clause 107 also allows Ministers to use the power of intervention where they consider that it would be in the interests of the defence of national security; for example, where the siting of a project could compromise a military installation. Where the tests are met, Ministers can intervene in cases and take decisions themselves. That means that there is already limited provision for a safety valve in the Bill, allowing Ministers to intervene in applications made to the IPC to take decisions themselves. Our Amendment No. 333 provides the Secretary of State with a power to prescribe further grounds on which the Secretary of State can intervene under Clause 108. Amendment No. 335 is consequential on this, to ensure that the link between the new clause and Clause 108 is more explicit, and Amendment No. 452 provides that the use of that power must be subject to the affirmative resolution procedure. I am sure that the Committee will welcome that. The use of this power will be considered only if, after the two-year review has been completed, there is evidence that the IPC is not working as intended. We believe that, because of the robust framework provided by the Bill and the policy framework, the IPC will work well. However, if the review were to reveal problems and the Government decided that it was necessary to prescribe further grounds on which the Secretary of State could intervene under Clause 108, this power would enable us to act. Were the Government to prescribe further grounds on which the Secretary of State could intervene, the effect of an intervention would be the same as for interventions made pursuant to Clauses 106 or 107. The Secretary of State would be able to direct that the application in question is referred to them. Under Clause 109, the Secretary of State would have the function of examining and deciding the application and would have the ability to direct the IPC to examine specified matters. It would also continue to be subject to the same requirements as interventions made on the basis of Clauses 106 or 107. It will need to be made within four weeks from the date of the preliminary meeting, unless there are exceptional circumstances justifying a later intervention. Should the proposed review of the IPC reveal problems with the way it is working, these amendments will provide the safety valve sought by some noble Lords and others; I therefore commend them to the House. The noble Earl, Lord Cathcart, asked whether all work on related policy would stop because the review was carrying on. The answer is no. I am limited in what I can say because, by definition, it is a hypothetical situation. A review would take as long as it does now, but obviously we would try to do it as expeditiously as possible. If I can backtrack, was the noble Earl asking me about the review of a national policy statement?