The right hon. Gentleman tries the same old trick as the shadow Secretary of State. Importantly, my right hon. Friend the Secretary of State made it clear that there will be criteria, and my hon. Friend the Under-Secretary has said there will be criteria and an objective test. I am not foolish enough to go down the route the right hon. Gentleman suggests, because I am not privy to the work that we did to develop the objective test, but I have complete confidence that the test will be a sensible one. The point he attempts to make is a bogus one, as he well knows. With every respect to him, I ought to be used to that by now.
The second point to remember about clause 1 is that, although it has been suggested there is no right of appeal, the clause shows common sense. If in a rare number of cases a decision is taken by the Secretary of State, he can hardly appeal against it—that would be nonsense. However, the option of judicial review on that decision remains. As all hon. Members know, recent experience indicates that developers and other groups have not been slow to exercise the right of judicial appeal when they think there are grounds. The safeguard that remains is therefore a significant one.