Lord Greenhalgh

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That the Bill be now read a second time.

The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)

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My Lords, on behalf of my noble friend Lord Howe, I beg to move that the Bill be read a second time.

It is a great privilege to open Second Reading on the Bill in your Lordships’ House. This is my first Second Reading speech since I took my seat in this House in April, and I am honoured to speak on this Bill, which is so critical for our economic recovery.

Noble Lords may have seen the Prime Minister’s speech of 30 June, when the Government announced that we would launch a planning policy paper this month setting out our plan for comprehensive reform of the planning system. I make clear that the Bill is not part of those ambitions for planning reform and should not be taken as a signal for what that will entail. This Bill is about implementing urgent and mostly temporary measures to provide much-needed support to businesses across our economy. We have within this House some of the country’s finest experts on planning and local government, so I look forward to constructive and positive discussions on planning reform once the paper has been launched.

For now, I beg noble Lords to focus on the merits of this urgent Bill, which will provide a much-needed boost to key sectors of our economy at this extraordinary time. The measures in the Bill have been developed in collaboration with industry and key stakeholders. The Bill directly responds to asks from businesses to help them to overcome the challenges that they face. It is right and important that we now support businesses in overcoming the disruption that has resulted from the pandemic and to implement new, safer ways of working. The Bill will support businesses in four key areas of the economy: hospitality, SMEs, transport, and construction. I will take each in turn.

First, the Bill will provide critical support for the hospitality sector. Food and beverage service activity has fallen by nearly 90% in the last quarter. From last Saturday, pubs, restaurants and cafes were able to reopen while following Covid-secure guidelines. The Government want to support those businesses to make the most of summer trade and to operate in a safe way. The Bill will therefore make it easier for businesses that sell or serve food or drink to obtain a licence on a temporary basis to set up outdoor seating and stalls. It will do this by introducing a temporary fast-track process for obtaining a licence from the local council to place tables and chairs on the pavement outside their premises. This new process will cut the time to receive approval for a licence and will cap the application fee at £100.

We recognise that public safety and access for disabled people using pavements is of unquestionably great importance. That is why the Government have published a national condition. When that condition applies, licence holders will be required to take into account recommended minimum requirements for footway widths and distances required for access by disabled people. In addition, local authorities will be able to refuse or revoke licences where they assess that it is necessary.

The Bill also makes it easier for licensed premises to sell alcohol to customers for consumption off the premises. It temporarily and automatically extends the terms of on-sales alcohol licences to allow the sale of alcohol for consumption off the premises as well. It also suspends any relevant conditions on existing off-sales licences, including conditions that require off-sales of alcohol in sealed containers and restrictions on sales for delivery.

We recognise the need to strike a balance between supporting businesses and ensuring safety and amenity for our communities. If in a particular location these alcohol licensing arrangements were to cause problems then any responsible authority, including the police or an environmental health officer, could apply for a new off-sales expedited review. This expedited review process will allow responsible authorities to quickly alter the alcohol licensing conditions, suspend it for up to three months or remove the permission for sales of alcohol for consumption off the premises. On receipt of an application, the licensing authority must consider whether it is necessary to take interim steps to the permission granted by the Bill within 48 hours of receiving that application, and must hold a hearing within 28 days of receipt. These temporary measures to support the hospitality sector will be in force only until the end of September 2021. This will enable businesses to make the most of outdoor seating opportunities in the summer months this year and next.

Secondly, to support small businesses, the Bill introduces measures to enable lenders to continue to issue bounce-back loans quickly and at scale. The Bounce Back Loan Scheme is designed to provide loans at speed to small businesses adversely affected by the Covid-19 pandemic. So far £29 billion has been lent to small businesses under the scheme, providing a vital lifeline to many.

The effect of the Bill is to retrospectively disapply the “unfair relationships” provisions in the Consumer Credit Act 1974 for lending made under the scheme. This is necessary to remove some of the checks and processes that lenders would otherwise need to run, and which would prevent them from providing loans to small businesses at the scale and speed necessary in this crisis.

Thirdly, to support our transport sector, this Bill makes changes to driver licensing and enables changes to roadworthiness testing for commercial vehicles. It will reduce the backlog of checks and tests that grew over the lockdown. It will help us to get goods, and indeed people, moving across the country.

The Bill introduces a temporary—and, in Great Britain, retrospective—power to issue one-year lorry or bus driving licences, rather than the standard five-year licences. This flexibility will allow a licence to be extended for a year if an applicant is unable to obtain the medical report required for a full five-year licence. This helps to alleviate pressures on doctors and the NHS.

The Bill also reforms the powers to temporarily exempt goods vehicles, buses and coaches from roadworthiness-testing requirements. This will be a permanent change but our intention is to use the reformed power only temporarily in response to the Covid-19 outbreak. This will allow for the high demand for heavy vehicle testing, which was reintroduced after lockdown only on 4 July, to be managed so that the most important vehicles are tested first.

Fourthly, the Bill will support our construction sector to get building again. It will introduce a fast-track route through the planning system to apply for a temporary extension of construction hours so that firms can plan for the safe reopening of sites. Temporarily allowing longer working hours—for example, during the evening and at weekends—will help to facilitate safe working by spreading out the working day. Importantly, local councils will have discretion to refuse requests where they consider that longer hours would have an unacceptable impact. I make it clear that this measure will not apply to construction works to an existing house, which affords a measure of protection to neighbours from disturbance. This measure will expire on 1 April 2021.

In addition, the Bill responds to calls from both the development industry and local authorities to extend planning permissions and listed building consents that lapsed during lockdown or will lapse before the end of this year. As a result of the pandemic, almost 1,200 unimplemented planning permissions for major residential development have lapsed or are at an increased risk of lapsing by the end of this year. These account for 60,000 new homes. The Bill enables the extension of these planning permissions and listed building consents to 1 April 2021, subject to any necessary environmental approvals.

There are two further planning measures included in this Bill. The first supports the Planning Inspectorate to conduct hearings and inquiries while adhering to social distancing. It enables the inspectorate to combine written representation, hearing and inquiry procedures when dealing with town and country planning appeals. This change was recommended by the independent Rosewell review, following which a pilot reduced average decision-making time from 47 weeks to 23 weeks. This measure will apply permanently to support the improved efficiency of the Planning Inspectorate.

The second responds to a request from the Mayor of London. It temporarily removes the requirement for the Mayor’s spatial development strategy to be available for public inspection and for hard copies to be available on request. In a time of social distancing, that is not practical. This requirement is replaced with a duty to make the current version of the strategy available for inspection free of charge by appropriate electronic means. Nevertheless, the Government appreciate that not everybody will have electronic access. As a result, the Bill also requires the Mayor to take into account any guidance the Government publish on appropriate mitigation measures. This measure will expire on 31 December this year. Taken together, all these planning measures will support the recovery of our construction sector and help to get Britain building again.

Finally, the Bill contains a provision to enable the time-limited powers to be extended by secondary legislation, subject to Parliament’s approval. This provides necessary flexibility, given the uncertainties around the duration of the Covid-19 pandemic and the nature of future social distancing requirements.

The package of measures in this Bill has been widely welcomed by businesses and local government at this critical and extraordinary time. The Local Government Association is supportive of the Bill, which it says will help ensure that a consistent approach can be taken so businesses can reopen as soon as possible. The Federation of Small Businesses also welcomes the Bill, which it says will help small businesses in the hospitality sector to resume trading with confidence.

These measures are necessary to alleviate some of the current challenges that businesses face and help the economy bounce back as we emerge from this pandemic. I look forward to our debate today and I commend the Bill to the House.

Earl Howe (Con)

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My Lords, this has been a constructive debate and I am grateful, as ever, for your Lordships’ detailed engagement with the measures in the Bill. I congratulate my noble friend Lord Greenhalgh on making his first speech in this House in physical form. He set out succinctly the measures that the Bill seeks to introduce. I therefore intend to focus mainly on responding to questions and comments posed in the debate. Those that I do not have time to cover today—and there will be several, for which I apologise in advance—I will answer in writing.

Before I turn to those matters, it might help if I addressed some of the cross-cutting issues that your Lordships have highlighted. The first is the wider context. This is an important Bill, but I am the first to acknowledge that its scope is deliberately focused. It does not pretend to cover the whole waterfront of the UK economy. That is why my right honourable friend the Chancellor will make a summer economic update to the House of Commons on 8 July, outlining the next stage in our plan to secure Britain’s recovery, building on the Prime Minister’s speech. It is clear that the long-term plans and big decisions are for the Autumn Budget and spending review, but there are things we can and should do now to give the country the boost it needs.

The first phase has seen us help families and businesses through the crisis. As the economy opens up, we will move into a new phase. I cannot confirm the details in advance, but we have done the right thing by helping people through the crisis and we will do the same as we come out of it. The noble Baroness, Lady Wilcox, indicated her view that support for the economy has been insufficient. I remind her that the Government have provided unprecedented support to help businesses through the lockdown. Over £350 billion of government-backed and guaranteed loans have been made available to businesses and individuals, as well as a range of support schemes, including business rate holidays, tax deferrals and the job retention scheme. Of course, we will continue to keep under review what further support should be provided to businesses.

I can say, particularly in answer to the noble Lord, Lord Stevenson, that our recovery from Covid-19 should be clean and resilient, making our economy match fit for tomorrow’s challenges and not yesterday’s. This means reducing risk and increasing our resilience to the threat that climate change poses to the UK’s prosperity and security, as well as the linked challenges of biodiversity and public health. Action to support net zero can deliver jobs and opportunities across the country, as demonstrated by our success to date—with growth up by 75% and emissions down by 43% over the last three decades and more than 460,000 people employed in low-carbon businesses and their supply chains. This is a win-win area.

A number of noble Lords, including the noble Lords, Lord Stevenson and Lord Kennedy of Southwark, the noble Baronesses, Lady Wilcox and Lady Andrews, the noble Earl, Lord Clancarty, and my noble friend Lord Sheikh, raised concerns about the impact of these measures on local authorities, taken in the round. First, I note that the Local Government Association has been consulted and has welcomed the proposals on pavement licensing and planning extensions. Licensing proposals have also been discussed with local government and the police. Secondly, I remind the House that the Government have provided £3.7 billion to local authorities through un-ring-fenced grants to address pressures they face in response to the Covid-19 pandemic. This includes the extra £500 million announced on 2 July. This further funding provision demonstrates the Government’s continued commitment to making sure that councils have the resources they need to continue to support their communities through this challenging time.

On pavement licences in particular, our measures will create a more streamlined process and may take away some of the current administrative costs associated with processing applications. For example—and in answer to the noble Baroness, Lady Randerson—we have taken steps to ensure that local authorities can impose their own conditions up front across all licences, which should help mitigate concerns about automatic deeming of licences. However, we recognise that elements of the new fast-track process may have resourcing implications. We are undertaking a new burdens assessment to assess what support local authorities need to implement this new temporary process and whether any additional funding will be necessary.

As regards planning consents, let us bear in mind that the measures in the Bill are temporary and together do not amount to a significant new financial burden on local authorities this financial year.

The noble Baroness, Lady Thornhill, expressed concern about the unclear situation, as she sees it, of councils returning to open public meetings. During the pandemic the Government have temporarily removed the legal requirement for local authorities to hold public meetings in person. While social distancing restrictions remain in place, we have provided councils with flexibility to hold meetings in a manner that ensures the decision-making process remains accessible to their residents. The local authority remote meetings regulations enable all meetings to be held remotely. They do not preclude either physical meetings or a hybrid form of meeting, where these can be held in accordance with public health regulations and guidance. The Government have amended the health protection regulations to allow indoor gatherings of more than 30 persons; these apply to meetings taking place in council buildings from 4 July.

The noble Baroness, Lady Randerson, expressed concerns about the shortness of consultation, there being no legal requirement to post applications online and having only lamp-post notifications. She felt that was discriminatory against those with visual impairments. Local authorities are required to publish, in such a manner as they consider appropriate, applications, material accompanying them and the fact that representations may be made. The draft guidance makes it clear that authorities might consider using digital means of publicity, such as on their website or via an online portal, and that in deciding what action to take to publish, they should consider the needs of those who might find it more difficult to access online publications.

The noble Lord, Lord Shipley, called for a quarterly review, rather as is built into the Coronavirus Act. We recognise the importance of keeping the measures under review and will closely monitor their effects. However, we think that a rolling parliamentary review would compromise the stability we seek to provide to businesses and local authorities in the recovery stage of the pandemic. Almost all the measures in the Bill are temporary; they have temporary effect or apply to temporary schemes. The end dates we have set out in the Bill are designed to be restricted to what is proportionate and necessary, while giving businesses, local authorities and government agencies the certainty they need to plan their activities over the coming months. We think that subjecting the measures to an unpredictable cliff edge through parliamentary review will undermine this certainty.

On the Bill’s specific provisions, we are all aware of the serious effect coronavirus has had on the hospitality sector. Even as restaurants, bars, pubs and cafés open up again, social distancing requirements will significantly reduce their capacity, and we want to help these businesses recover quickly. Measures in the Bill will help by allowing easier use of outdoor space to accommodate more customers safely while summer weather allows. I am grateful for the comments of the noble Baroness, Lady Kennedy of Cradley, the noble Lords, Lord Bhatia and Lord Campbell-Savours, and my noble friends Lord Inglewood, Lord Bourne and Lady Noakes in this context.

The Local Government Association and several individual councils have been consulted on pavement licence proposals, as have the Disabled Persons Transport Advisory Committee and the Cycling and Walking Infrastructure Group, which—my noble friend Lord Sheikh in particular will be pleased to hear—recognised the importance of allowing businesses to open safely while ensuring highway accessibility. The proposals have been welcomed by the LGA, UKHospitality and the British Beer and Pub Association. In addition, measures on alcohol licensing have been discussed with local government, trade, police and licensing experts.

Noble Lords, including my noble friends Lord Holmes, Lord Blencathra and Lord Balfe, the noble Lords, Lord Blunkett, Lord Low and Lord Addington, and the noble Baronesses, Lady Randerson and Lady Pinnock, were understandably keen to know how our pavement licensing provisions might affect pedestrians and those with mobility impairments and visual impairments. I agree that this is an important point and that we should never lose sight of the inclusion agenda.

We are publishing a national condition which requires licence holders to maintain clear routes of access. This includes taking account of the needs of disabled people and, in particular, section 3.1 of the Department for Transport’s Inclusive Mobility guidance. This sets out the recommended minimum footway widths and distances required for access by mobility-impaired and visually impaired people. I say to my noble friends Lady Eaton and Lord Lucas, and the noble Baroness, Lady Randerson, that any licences granted will be subject to local and national conditions, and the legislation contains robust enforcement procedures. Local authorities can revoke licences where they give rise to matters of public safety, highways obstruction, anti-social behaviour and public nuisance, as well as on a number of other grounds.

A number of noble Lords, including the noble Lords, Lord Stevenson, Lord Blunkett, Lord Carlile, Lord St John, Lord Paddick and Lord Kennedy, the noble Baroness, Lady Wilcox, and my noble friend Lord Balfe, understandably raised concerns about possible unwanted effects of the alcohol licensing provisions in terms of anti-social behaviour and disorder. We have established two main safeguards in designing these provisions, to ensure that any issues that arise can be dealt with swiftly and robustly. First, it is worth reiterating that the measures in the legislation will not apply to premises whose off-sales permissions have been removed, either voluntarily on a variation or on review, within the last three years.

Secondly, the Bill will introduce an expedited review process for automatically granted permissions. This can be used where there are problems of crime and disorder, public nuisance or public safety arising from how premises use the new permission. In this case, any responsible authority, including the police or environmental health, can apply for an off-sales expedited review. On receipt of this application, the relevant licensing authority must consider whether it is necessary to take interim steps within 48 hours, and must determine the review within 28 days. Interim steps can include: changing the hours in which off-sales are permitted; adding new conditions in relation to public nuisance, such as to prevent noise nuisance; and suspending the off-sales permission. As I have said, a review can result in the automatically granted off-sales permission being removed.

Beyond the provisions in the Bill, my noble friend Lord Balfe in particular may wish to note that the police also have the power, under Section 76 of the Anti-social Behaviour, Crime and Policing Act 2014, to issue a closure notice if there are reasonable grounds to believe that the use of a premises has resulted, or is likely to result, in nuisance to members of the public or that there has been, or is likely to be, disorder near the premises that is associated with the use of the premises. Having mentioned that, I am sure we can all identify with the very good points made by my noble friend Lady Stowell of Beeston regarding the relationship between the police and the public.

I shall sum up these protections with an example. If local residents complain to the police about disorder relating to a particular bar or restaurant, the police might first consider taking immediate steps to close the premises using their anti-social behaviour powers, but they could also request an expedited review, which could result in steps to prevent ongoing issues at the premises by toughening the terms of the premises licence.

My noble friend Lord Sheikh, the noble Lords, Lord Stevenson and Lord Kennedy, and the noble Baroness, Lady Wilcox, all referred to the importance of keeping hospitality workers safe. The Government are clear that workers should not be forced into an unsafe workplace and that the health and safety of workers should not be put at risk. To this end, we have published Covid-19 secure guidance for keeping workers and customers safe in restaurants, pubs, bars and takeaway services. The guidance sets out how to open workplaces safely while minimising the risk of spreading Covid-19 and gives practical considerations for how that can be applied to hospitality businesses. The guidance is non-statutory and does not change legal obligations relating to health and safety, employment or equalities, but it will help businesses to manage the risks for their employees through social distancing, hygiene and fixed teams or partnering.

Businesses must also carry out an appropriate Covid-19 risk assessment in consultation with unions or employees. Employers should share the results of their risk assessment with their workforce and are encouraged to display a notification that they have complied with the Government’s guidance on managing the risks of Covid-19. Employees can raise any concerns by contacting their employer representative or trade union or by contacting the Health and Safety Executive by phone or online form.

I appreciate that noble Lords may be interested to know the specifics of the guidance and therefore encourage them to read the guidance in full on the GOV.UK website. Due to the comprehensive nature of the publication, I cannot relay all its recommendations to the House. However, I reassure noble Lords that a considerable range of practical steps are provided to help to keep workers safe. The noble Baroness, Lady Jones, will be pleased to hear that that includes setting clear use and cleaning guidance for toilets to ensure that they are kept clean and social distancing is achieved as much as possible. I should add that the Health and Safety Executive has been given an extra budget of £14 million for extra call centre employees, inspectors and equipment to help businesses to manage the necessary changes.

The noble Baroness, Lady Northover, raised some very interesting points about second-hand smoke on pavements. With regard to pavement licensing, the local authority can impose locally-set conditions on licences. The draft guidance provides that, when authorities are determining applications and setting conditions, issues that they will want to consider include public health and safety, while the conditions can include restricting smoking in areas not designated for smokers.

The noble Lord, Lord Hain, called for new ways of working following Covid-19 that are arrived at through robust dialogue with unions and employees. The Government have worked constructively with the unions throughout the pandemic. We recognise that responsible trade unions can play a constructive role in maintaining positive industrial relations and that collective bargaining remains an important form of negotiation in the workplace. However, we believe that where possible industrial relations should be undertaken on a voluntary basis, not mandated by the state. Collective bargaining is largely a matter for individual employers, their employees and their trade unions. If workers want a union to represent them, they have the means to secure that through the CAC statutory recognition procedure.

The noble Baroness, Lady Doocey, called for a revival of holidaymaking and tourism. I am sure she will agree that supporting hospitality is a key part of supporting tourism. The pavement and alcohol licensing measures in the Bill will help restaurants, bars and pubs to get ready for the summer. The more places where people can eat and drink, the better the local tourism offer and the more likely people are to take the brilliant staycations our tourism industry offers. She and other noble Lords, especially my noble friend Lord Hunt of Wirral, will have seen yesterday’s announcement of more than £1.5 billion to support cultural assets of international, national and regional importance, and that money will directly help the tourism industry. The announcement has been widely welcomed, as I am sure noble Lords are aware, by the arts sector.

More widely, we announced the cultural renewal task force on 20 May. We have since published guidance on reopening holiday accommodation and the visitor economy to give businesses the ability to plan with confidence to reopen. On 3 June, we announced a £10 million kick-starting tourism package. This will give small businesses in tourist destinations grants of up to £5,000 to help them adapt their businesses following the pandemic. That is only one of a number of measures that we have taken.

The noble Lord, Lord Addington, and my noble friend Lord Moynihan asked about the status of sports clubs and whether they can benefit from the alcohol licensing measure. The Licensing Act 2003 provides for club premises to sell alcohol by retail to club guests, but only for consumption on the premises. I am afraid that this is not changed by the Bill. The Bill is focused on the wider hospitality sector. However, all clubs can apply for a variation of their licence to serve alcohol off the premises if they wish. Sports and physical activity facilities play a crucial role in supporting adults and children to be active. The Government are in discussions with representatives from the sport and physical activities sector about the steps required to reopen sports venues and facilities, including swimming pools, as soon as it is safe to do so, and we will update the public when possible. As with all aspects of the Government’s response to Covid-19, we will be guided by the science to ensure that, as restrictions are eased, people can return to activity safely.

The noble Lord, Lord Berkeley, and others, including the noble Lord, Lord Stevenson, asked whether temporary licences could be issued for small breweries to sell to the public. The provisions in the Bill do not grant any new licences. The proposal that a brewery should be given a premises licence without any scrutiny by the local licensing authority, the police or the public goes too far, I am afraid. It is vital that the conditions on which a permanent premises licence is granted receive careful consideration from agencies with a knowledge of local issues and the licensee. The suggestion that a premises licence could be granted through a purely administrative procedure or a minor variation would deprive the responsible authorities and the public of a voice.

My noble friend Lady Neville-Rolfe asked about age verification. I will write to her on that topic.

The noble Lord, Lord Adonis, made some very powerful points, one of which was to question why schools should not be more fully open than they are when we are taking these measures in relation to pubs. While pubs reopened this weekend, he will know that schools are already open and more than 1.5 million pupils have been welcomed back. Since 1 June, primary schools have been welcoming back children in nursery, reception, year 1 and year 6, alongside priority groups. Since 15 June, secondary schools and colleges have been offering some face-to-face support for pupils in year 10 and year 12, who will sit key exams next year.

I will write to noble Lords who raised the issue of hospitality businesses that do not have premises and on any other topics in relation to that part of the Bill that I have not covered.

The Bounce Back Loan Scheme has, by common consent, been a lifeline to small businesses during the crisis. Over 900,000 have benefited to date, and I am grateful for the comments of the noble Lord, Lord Bilimoria, and others on this measure. The provisions in this Bill allow for the majority of bounce-back loans to be issued within just 24 hours, rather than the usual five to 10 days. They also help lenders to process applications at a much greater scale, and the measures have been welcomed by UK Finance.

The noble Lord, Lord Stevenson, asked why the Government do not publish data on the number of applications to and rejections from the Bounce Back Loan Scheme. We have in fact been publishing relevant data on the Covid business lending schemes on a weekly basis since 12 May. This includes data on the number of applications received and the number and value of facilities approved to date for the Bounce Back Loan Scheme, CBILS and CLBILS. In publishing this data, we aim to support the information needs of society in general and of course the stakeholders. The Government are considering what further data may be available in the future while balancing the sensitive commercial nature of this information for lenders.

The noble Baroness, Lady Bowles of Berkhamsted, raised her concerns about protections for business. We need to remember that these are unprecedented times, which is reflected in the 100% guarantee that we are providing to lenders. Under the scheme, businesses cannot borrow more than 25% of their turnover, which should help to ensure that the loan is sustainable. In addition, to enable firms to get back on their feet, borrowers are not required to make any repayments for the first 12 months, and the Government will cover the first 12 months of interest payable. The scheme also has an affordable flat rate of interest and borrowers have six years to repay the loan.

However, businesses do need to take responsibility for what is in their interests. The terms of the loan are very clear in the application that businesses will fill in as part of securing a loan. Any business taking on a loan such as this should think carefully about whether debt is the right answer for them and about their ability over the long term to pay it back.

The noble Baronesses, Lady Falkner of Margravine and Lady Bowles, spoke about the prospect of defaults. The scheme supports the smallest businesses, which are the backbone of our economy, as rightly emphasised by my noble friend Lord Inglewood. The Government said from the start that they would do “whatever it takes” to support business; this scheme delivers on that promise and is in addition to the support the Government offers through business grants, the corona- virus job retention scheme and tax deferrals.

However, we have also made clear that bounce-back loans are loans and not grants. Borrowers must make every reasonable effort to repay these on time. The scheme being 100% government-guaranteed means that, should some borrowers default, lenders will not be burdened with debts. However, the Government expect lenders to seek to recover the loans where feasible and we are convening workshops in the coming weeks to discuss this in more detail with the accredited lenders.

I will write to the noble Lord, Lord Berkeley, on the issues he raised on HGV licensing and move to another topic raised by noble Lords, which is construction working hours and planning. I am grateful to those noble Lords, and especially my noble friend Lady Noakes, who expressed support for the measures designed to assist the construction industry. Like the hospitality industry, the construction sector has been hit hard by coronavirus: over 40% of the workforce has been furloughed. The Bill helps them to get back to work safely, and the measures have been extensively discussed with representatives of the development industry.

To the noble Lord, Lord Whitty, who expressed concerns, I stress the point that these measures are temporary. The Bill will make it quicker to extend site opening hours, allowing for better social distancing and catching up on lost work time, and there is strong support across industry and local planning authorities for the provisions.

Having said that, I of course take on board the points powerfully made by the noble Baroness, Lady Andrews, on the wider context, especially the future of the high street. I agree that there is a balance to be struck between using up spare capacity for housing on the high street and motivating the retail sector, but I say to her and to my noble friend Lord Wei that we strongly support the revival of the high street so that it becomes a place where people want to go. We need to look constructively at flexibilities to further that aim.

The noble Lord, Lord Campbell of Pittenweem, said that, in his view, the 14-day timescale was too short for consultation. He will recognise that, as so often, this measure has to strike a balance. We consider the timescale to strike a fair balance between allowing time for necessary engagement, for example with local councillors, and enabling developers to obtain a fast-tracked decision, particularly so that they can make use of the additional daylight hours available in the summer months. Local authorities know their areas well. We are confident that they will be able to judge the impact on local businesses and residents in the majority of cases, particularly since we have prepared guidance to support this decision. They retain the discretion to refuse where there would be an unacceptable impact.

A number of noble Lords, including my noble friend Lord Randall, expressed concerns about noise and nuisance during extended construction hours. I understand that concern. First, authorities will have discretion to refuse extensions to working hours where they consider that longer hours would have an unacceptable impact. They also have a range of enforcement powers available to them. Secondly, many sites will already have construction management plans, which will include mitigation measures against dust, vibration, noise and so forth. Thirdly, my noble friend Lady McIntosh will note that developers are, as ever, encouraged to work closely with the local community and their local authority and to undertake works which may be noisy and affect residents during normal working hours.

I will write to the noble Lord, Lord Best, on his proposal that the presumption in favour of sanctions in relation to the five-year housing land supply and the housing delivery test be suspended. I have an extensive note, but, unfortunately, there is not time for me to put it into Hansard. Equally, I will write to my noble friend Lord Blencathra on the potential for 24-hour construction and the need, as he saw it, to limit that facility.

I will cover a point raised by my noble friend Lord Randall, who was concerned about the environmental impact of extended construction hours. Local authorities will need to carefully consider applications where, for example, the development is subject to an environmental impact assessment or there are habitats issues. They will have discretion to refuse applications for extended construction hours where they believe that a development would have a significant environmental impact that has not previously been assessed.

I will write to my noble friend Lord Naseby on new towns and garden towns. I will also write to my noble friend Lord Young of Cookham, who raised two very important points about local plans and hybrid appeals. I apologise that there is no time to cover the note I have now.

Equally, I shall write to my noble friend Lord Lansley on the point he made about a three-month extension to planning consents not being enough, and to the noble Lord, Lord Adonis, on cycle lanes and parking bays. I shall also write to the noble Baroness, Lady Doocey, about caravan and self-catering accommodation being open for the winter, and to the noble Baroness, Lady Kramer, about the bodies with planning powers which are not covered in the Bill, such as mayoral development corporations, Transport for London and the London legacy corporations.

Once again, I am grateful for the excellent and constructive contributions from noble Lords who have spoken. In summary, the Government believe that this Bill is urgent and necessary. It will help businesses in hard-hit sectors get back to work safely and without delay. Almost all its provisions are temporary. They have been developed in consultation with businesses, local government and other interested parties. It is very important that these provisions come into force as soon as possible. If we are not able to make the changes before the summer, benefits for the hospitality sector will be greatly reduced and approval backlogs may again become an issue in construction and in vehicle licensing and testing.

We are entering a new phase in the response to coronavirus. The immediate crisis is abating; now we need to help businesses and the economy to rebound. This Bill will play an important role in achieving that aim. I beg to move.

The Minister of State, Home Office (Baroness Williams of Trafford) (Con)

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My Lords, I am grateful to all noble Lords who have spoken in this debate and particularly to the noble Baroness, Lady Meacher, who manages to get cannabis into every debate—I admire her tenacity. If she is agreeable, I will respond to some of her comments in group six.

The general tenor of this debate is that people support the context in which this Bill is proposed, to get the economy moving and, crucially, the fact that it is sunsetted to next September. As my noble friend Lady Noakes clearly articulated, this is not about the norm but about emergency measures to get the economy moving again. As this mistake has been made a couple of times, it is important to distinguish between pavement licences and off-sales licences, which of course supermarkets have got anyway.

Amendment 1 in the name of my noble friend Lord Balfe seeks to prevent the granting of pavement licences to businesses in cumulative impact zones. It is right that cumulative impact and potential for nuisance and disorder be considered when granting these pavement licences. That is why the Bill gives local authorities the ability to effectively manage risks in their local area. If a local authority thinks problems related to alcohol or anything else could occur, they can refuse an application for a pavement licence. In granting these licences, they may also impose conditions and if these conditions are breached, the local authority may issue a notice requiring the breach to be remedied. Local authorities can also revoke pavement licences in several situations including when the licence is causing risk to public health or safety or causing anti-social behaviour and nuisance. I hope my noble friend will agree it is important to retain local authority discretion in this area and he will feel able to withdraw his amendment.

Amendment 3 is also in the name of my noble friend, and I appreciate the points he has made. We expect the pavement and alcohol licencing measures to benefit cafes, restaurants and pubs primarily. However, it is important that the Government support economic recovery whenever they can, which is why this fast-track route is available to all businesses selling and serving food and drink. It will mean that a range of businesses, including some shops, theatres, and galleries, will be able to apply for pavement licences and off-sale licences, maximising the economic impact of these temporary measures. For the reasons I have set out I am not able to accept this amendment and I hope that my noble friend will not press it to a vote.

Amendment 11 is the last of the amendments tabled by my noble friend Lord Balfe. I assure noble Lords that the Bill requires local authorities to consult such persons as the local authority considers appropriate before determining an application for a pavement licence.

To answer my noble friend Lord Sheikh and the noble Lord, Lord Harris of Haringey, the Government expect that this would include the local police force, but believe that the local authority can and should use its discretion and local knowledge to decide who to consult. To answer the question from the noble Lord, Lord Harris of Haringey, directly: yes, we have spoken to the police. We have engaged with them throughout. The most recent time that I spoke directly to Martin Hewitt was last Friday, just before we went into super Saturday. We will continue to engage with them throughout.

The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)

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My Lords, I thank my noble friends Lady McIntosh of Pickering and Lady Neville-Rolfe for the important measures proposed to support the hospitality sector. It employs some 2 million people. However, this group of amendments relates to the need to maintain access on the highway for all users, especially those with a disability. The Government strongly agree that this is an issue of great importance. As the noble Lord, Lord McConnell of Glenscorrodale, put it, no one should be left behind and we need to proceed with appropriate caution.

My noble friend Lord Blencathra has done extensive research into the guidance on the different standards, which was noted by the noble Lord, Lord Carlile of Berriew, and the noble Lord, Lord Adonis, mentioned the Inclusive Mobility guidance of 2005 and the different standards included in that guidance. It is very important to retain local flexibilities so that local authorities can assess the distance needed for the location of the premises and the type of street involved. There needs to be that flexibility rather than having uniform guidance.

Amendment 21, tabled by my noble friend Lord Blencathra, would require pavement licence guidance requiring minimum distances as part of a national condition to be subject to the affirmative resolution procedure. My noble friend also raised concerns about inclusive mobility. I am happy to tell the Committee that we have accepted the recommendation of the Delegated Powers and Regulatory Reform Committee that national conditions should be contained in regulations subject to the negative resolution procedure. I hope that my noble friend is comforted that this will help address parliamentary scrutiny. Clause 5(6) gives the Secretary of State power to publish conditions for pavement licences. This is to be replaced with a power for the Secretary of State to make provision about national conditions by regulations subject to the negative resolution procedure. We will also accept the Delegated Powers and Regulatory Reform Committee’s recommendation in relation to the powers to extend measures in the Bill to ensure that the effects of coronavirus form part of that consideration.

We have listened to the concerns raised at Second Reading and today in Committee and have noted the strength of feeling in this Chamber that more must be done to address accessibility issues. We intend to table an amendment on Report to address those concerns. We believe that putting this into the legislation will provide an important safeguard to ensure that authorities act in accordance with their legal obligations to protect the interests of disabled people.

Amendments 2, 12 and 25 were tabled by the noble Lord, Lord Holmes, and the noble Baroness, Lady Pinnock, and were spoken to by the noble Baroness, Lady Grey-Thompson, and my noble friend Lord Naseby. Amendment 2 would require the inclusion of a barrier to separate furniture from the pavement to allow the safe passage of pedestrians. Introducing barriers to separate furniture may improve navigation for the visually impaired, but it can also cause further obstructions on the pavement which would inhibit others, including the mobility impaired. The Government are clear that access must be maintained for all users of the highway, including the visually impaired and the mobility impaired. All pavement licences will have an express or, in default, deemed no obstruction condition, along with a condition explicitly requiring clear routes of access, taking into account the needs of disabled persons.

Amendment 12 requires that where possible the minimum pavement width required must be increased to allow two pedestrians to pass each other while socially distancing. We fully support the intention, which is why the pavement licence guidance refers to the government guidance on Covid-19 safe public places. The measures for social distancing set out in the guidance will have to change over time depending on the circumstances. It is important that the legislation does not restrict businesses’ ability to align with it and therefore it is more appropriate to address this through guidance.

For reasons that I have set out, I am not able to accept Amendments 2, 12 and 25. I hope that my noble friend Lord Holmes will withdraw Amendment 2 and that he and the noble Baroness, Lady Pinnock, will chose not to move their amendments when they are called.

Amendment 20, tabled by the noble Lord, Lord Cormack, seeks to establish a specific requirement that the Secretary of State should have to take into account the needs of the disabled, including the blind and the partially sighted, when setting any national conditions. Related to this, my noble friend Lord Holmes, supported by the noble Baroness, Lady Grey-Thompson, has tabled Amendment 5. The intention of this amendment is to require that when applying for a pavement licence, applicants must ensure that the application is compliant with the provisions of the Equality Act 2010 and any relevant regulations or guidance under that Act.

My noble friend Lord Holmes also tabled Amendment 17, supported by the noble Lord, Lord Harris of Haringey, to place duties on the authority to investigate concerns over accessibility where a licence is granted, revoking the licence if necessary. I assure noble Lords that businesses that provide services to the public must comply with their duties under the Equality Act 2010, as must local authorities because they are public authorities. As these parties are already under specific legal duties, it is not necessary to include a specific reference to the Equality Act in the Bill or specifically reference taking into account the needs of disabled people in the setting of any national condition. A local authority will need to have regard to these duties if concerns are raised over the accessibility of a pavement. The legislation already includes powers for local authorities to revoke if a licence holder has breached any conditions of the licence. This includes no-obstruction and clear-access conditions. For the reasons I have set out, I am not able to accept these amendments, and I hope that noble Lords will therefore choose not to move them when they are called.

Lord Greenhalgh

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I thank my noble friend for his comments. Of course, I noted the points about the need for a minimum access requirement.

Lord Greenhalgh

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First, I thank my noble friends Lady Noakes and Lord Hayward for asking us to get a move on—or, as my noble friend Lord Naseby put it, “Get on with it”—and my noble friend Lady Stowell for her vociferous eating out to help out over the weekend; it is much appreciated.

The noble Lord, Lord Harris, made several points concerning the importance of listening to residents; as a fellow former council leader, I know that that is of course absolutely critical and key to any consultation. I should point out that any additional costs and burdens which fall upon local authorities are covered by the new burdens doctrine as they arise. As someone who has more recently been a council leader, I know that these days, almost all applications are sent electronically, so the dates sent and received are identical in almost all cases. I also highlight that the Local Government Association is fully supportive of the measures proposed for the issuing of pavement licences.

Let me turn to the amendments in the names of the noble Baroness, Lady Wilcox, and the noble Lord, Lord Harris. This group of amendments addresses a range of issues relating to pavement licences. Amendment 19 seeks to ensure that the Secretary of State consults authorities if he chooses to publish a national condition. As I said to the House when discussing the previous group of amendments, we have already accepted the recommendation of the Delegated Powers and Regulatory Reform Committee that national conditions should be contained within regulations subject to the negative resolution procedure. I hope this addresses the issues raised by both the noble Lord and the noble Baroness.

I now turn Amendments 9 and 10, in the name of the noble Lord, Lord Low, which deal with the consultation process. They would extend the public consultation period to 14 days rather than seven and provide that the period starts after the application has been published by the authority. The Government welcome the intent behind the amendments, which is that local communities have appropriate opportunity to comment on applications, and this is an important part of the process. Under the Bill, the seven-day consultation period starts the day after the application is made. The Bill requires the applicant, by posting a notice on the premises, and the authority, in such a manner as it deems appropriate, to publicise the fact that representations can be made during that period.

Authorities can choose to publish the application electronically, and this should make it easier to publish the application speedily. Extending the consultation period for more than seven days, however, would undermine a key benefit of this process, which is its speed. This temporary fast-track process strikes a balance between supporting businesses and responding to community interests by equipping authorities with local conditions and robust enforcement powers. For the reasons I have set out, I am not able to accept these amendments, and I hope that the noble Lord, Lord Low, will withdraw Amendment 9 and choose not to move Amendment 10 when it is called.

Continuing the theme of consultation, Amendment 16 —in the names of my noble friends Lord Holmes and Lady McIntosh, the noble Lord, Lord Harris, and the noble Baroness, Lady Grey-Thompson—would allow local authorities to include conditions which incorporate concerns expressed in the consultation. As I have previously said, the ability to respond to local issues is important, which is why the Bill allows pavement licences to be granted by a local authority, subject to such conditions as it considers reasonable. Local authorities can already do what the amendment is seeking, and for this reason I cannot accept it.

I turn to Amendment 13, tabled by my noble friend Lord Holmes, which seeks to implement a right of appeal. It is right that authorities have the ability to control the effects of licences, whether deemed or granted. That is why deemed licences are subject to conditions published by authorities. Authorities can require licence holders to immediately remedy breaches of conditions and have the power to revoke licences where needed. For these reasons, I cannot accept this amendment.

Amendment 14, in the names of the noble Lord, Lord Low, and the noble Baroness, Lady Pinnock, seeks to reduce the duration of deemed licences to three months. I believe the intent is to allow greater flexibility to local authorities to manage public spaces and review the suitability of these licences. It is important to allow for local authority discretion, while providing certainty for businesses. This is why the Bill provides that a deemed licence has a duration of a year and robust enforcement powers where there are breaches. Licences can also be revoked if all or any part of the area of the relevant highway has become unsuitable for any purpose for which the licence was granted. We need to provide certainty to businesses, which is why three months is not long enough as a default position. For the reasons I have set out, I cannot accept the amendment.

The same is pertinent to Amendment 15—tabled by my noble friend Lord Holmes and the noble Lord, Lord Harris—to change the expiry date of these licences to the end of September 2020. For the same reason I gave for Amendment 14, I cannot accept this amendment.

I respond finally to Amendments 22 and 23, tabled by my noble friend Lord Lucas and the noble Lord, Lord Harris. These would provide authorities with duties and powers to make pavement trading safer, and the authority to facilitate successful implementation of a pavement licence. The Government take public safety seriously, which is why there is a range of provisions in the Bill to ensure highways safety. By virtue of the conditions imposed on all licences, licence holders must not do anything that prevents pedestrians passing along the highway. If conditions are breached or public safety risks arise, authorities can revoke licences.

The Government have published guidance on reallocating road space in response to Covid-19, which points to measures that can be taken to reduce speed limits and create pedestrianised zones. The pavement licence guidance makes it clear that, when determining applications, authorities will want to consider whether any such temporary measures are in place. There is already a requirement for the local authority to consult the highways authority. In combination, the requirements I have outlined clearly tackle the issues of road safety. For these reasons, I cannot accept this amendment.

Lord Greenhalgh

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There is nothing specific in the Bill on communication between lower-tier authorities and county councils, other than that the intention of it is to move speedily to support the hospitality industry. That is the underlying purpose of the measures we propose.

Lord Greenhalgh

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For clarification, the definition of adjacent does not necessarily refer to premises. We will write to the noble Lord on his second specific point.

Lord Greenhalgh

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My Lords, the amendment tabled by the noble Baroness, Lady Northover, and supported by the noble Baroness, Lady Finlay of Llandaff, my noble friend Lord Young of Cookham and the noble Lord, Lord Faulkner of Worcester, seeks to ensure that pavement licences may only be granted by local authorities subject to the condition that smoking is prohibited. The Government recognise the vital importance of health and safety concerns but we do not believe that imposing a condition to prohibit outdoor smoking would be proportionate. I shall explain why.

We are helping our pubs, cafes and restaurants to safely reopen, and we are securing jobs by making it quicker, easier and cheaper to operate outside. The Government’s priority is protecting public health against the transmission of the coronavirus while ensuring that venues can remain open and economically sustainable. The Government have no plan to ban outdoor smoking. Excessive regulation would lead to pub closures and job losses. Smokers should exercise social responsibility and be considerate, and premises are able to set their own rules to reflect customer wishes.

The Bill allows local authorities to set their own conditions on licences and makes it clear that those authorities will want to consider public health and public safety in doing so. Therefore, local authorities can exercise their condition-making powers to impose no-smoking conditions. Where there is a breach of the condition, the local authority can serve a notice to remedy the breach and even remove the licence, so local authorities have the power to revoke licences where they give rise to genuine health and safety concerns.

Businesses can make their own non-smoking policies for outside space, which can include restrictions on smoking near food. There is a need for social responsibility, as I have already said, and smokers should be considerate to others. The amendment would have unintended consequences, pushing drinkers on to pavements and roads away from licensed trading areas. It would also cause confusion with existing outdoor areas that would still permit smoking.

I have to say that it is great to see the reformation of the dream team of my noble friend Lord Lansley and the noble Baroness, Lady Northover, given what they have achieved in public health terms—the display ban, the ban on vending machines—and to hear of the work between my noble friends Lord Lansley and Lord Young in cooking up a free vote on banning smoking in public places. However, I reiterate that this is a temporary emergency form of legislation and it should not be a backdoor route to try to ban smoking in public places, as pointed out by my noble friends Lady Neville-Rolfe, Lady Noakes and Lord Naseby.

As the son of a surgeon, I appreciate the contribution of my noble friend Lord Ribeiro and the points made by the noble Lords, Lord German and Lord Carlile of Berriew, and my noble friends Lord Shrewsbury and Lord Sheikh. The case is now incontrovertible that there are dangers from second-hand and passive smoking. I can say that as the son of a vascular surgeon who has published extensively on the impact of smoking on arterial disease. The Government are committed, as has already been stated, to achieving a smoke-free England by 2030. We are already taking steps to get there, as was referenced by the noble Lord, Lord Rennard. England’s smoking levels continue to fall and are currently at 13.9%, the lowest rate on record. We will publish the prevention Green Paper consultation response in due course and set out our plans at a later date to achieve a smoke-free England. So we support the implementation and evaluation of smoke-free policies in line with the evidence as it emerges.

The noble Baroness, Lady Wilcox, made the important point that any changes of this nature should be made in consultation with the hospitality industry, so amending this Bill is not the way to implement such changes. I note her points about specific places and I will write to her on those matters. For the reasons that I have set out I am not able to accept the amendment, and I hope the noble Baroness will therefore withdraw it.

Lord Greenhalgh

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I am delighted that my noble friend Lord Robathan has a smoke-free family and to hear about his ill-spent youth as an 11 year-old smoker. But as I said previously, this is emergency and temporary legislation and should not be a backdoor route to ban smoking in public places.

Lord Greenhalgh

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My Lords, the new clause proposed by the noble Baroness, Lady Bowles of Berkhamsted, would introduce a fast-track procedure to provide outdoor space licences for areas within the curtilage of premises not already covered by the existing licence—for example, car parks or courtyards. Given that indoor space will be limited while social distancing measures apply, we want to provide a temporary process that helps us support as many businesses to reopen as possible by allowing them to use outdoor space to serve customers, which I believe is the intention of the noble Baroness’s amendment.

Baroness Williams of Trafford

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Do not worry, my Lords, this is not going to be a long statement. I thought it might assist noble Lords to know that I intend to table an amendment on Report to introduce a standard cessation time of 11 pm for operators to trade under the new off-sales permissions.

Baroness Williams of Trafford

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I thank all noble Lords for their comments, and their discipline in not repeating the same remarks over and over again.

The noble Lord, Lord Blunkett, made a very good point about how local areas and local partners will cope with all this and their capacity to cope if things go wrong. We have been very clear from the outset that, if things do go wrong, if licensees do not enforce their obligations and the public start to behave in a reckless manner, these places will be closed. The licensing authorities are quite clear about that and have already started to close premises when things have gotten out of hand. Over lockdown, I have spent a lot of time talking to the police on their operational calls. They are very clear that this is a multi-stakeholder approach and that everyone—not only the police, not only the local authorities, but the public and the licensees themselves—has a responsibility to make this work well.

On how this will help the economy, the night-time economy is a very vibrant one, and footfall in town centres can only enhance it. The Government have, however, listened to and sympathised with the concerns around the possibility of associated noise, nuisance, and anti-social behaviour that might occur when a late licence is in existence.

The noble Lord, Lord Blunkett, asked about off-sales. The noble Lord, Lord Hogan-Howe, tells me that in the olden days off-sales were a common occurrence at pubs and are nothing new, but with the advent of off-licences and supermarkets selling alcohol they are not so common anymore.

The noble Baroness, Lady Thornhill, asked about cumulative impact areas. I covered that in my earlier comments.

To recap, the alcohol licensing provisions will allow all licensed premises with an on-sales licence to sell alcohol for consumption off the premises, provided they have not previously been refused permission for off-sales. In the draft of the Bill before the House, licensed premises which are eligible will be bound by a temporary licence condition which limits the hours of trade to the existing hours of operation as the premises’ on-sales licence permits, which can include late licences beyond 11 pm.

However, we recognise the concerns of noble Lords who have spoken to these amendments, and obviously local authorities have had concerns too. That is why we intend to a table an amendment on Report to introduce a standard cessation time of 11 pm for operators to trade under new off-sales permissions.

Both my noble friends Lord Balfe and Lady Stowell of Beeston asked about earlier finish times. If that is the wish then those earlier finish times will certainly be permitted.

The noble Lord, Lord Paddick, asked me why tonight and why at the last minute. I say to the noble Lord that I have worked really hard to make this statement tonight, so to have had it done ahead of Report is an achievement.

The new provisions defined in the amendment that the Government will bring forward will not affect the underlying licences of premises or their conditions. It will provide for new permissions that will apply to the holders of only on-sales licences, as well as to holders of more restrictive dual licences that allow for off-sales for a more restrictive period. The effect of the amendment will be that new permissions will apply only up to 11 pm or when the current licensing hours for that premises end. I reiterate for the benefit of my noble friend Lord Cormack that if it is wished that that will finish earlier—say, 10 pm—that is up to the individual premises concerned.

Crucially, the forthcoming amendment will build on the current set of safeguards previously heard by the House, which can be used to address concerns about crime, disorder and disruption caused by premises operating irresponsibly—to go to the point of the noble Lord, Lord Blunkett. That includes the new expedited review process that I have talked about previously, which allows a local authority to suspend or modify the new off-sales permission within 48 hours and then hold a hearing to decide whether to revoke, suspend or modify the permission within 28 days.

In addition, the police are already empowered under Section 76 of the Anti-social Behaviour, Crime and Policing Act 2014 to issue immediate closure notices to premises if there are reasonable grounds to believe that the use of a particular premises has resulted or is likely to result in nuisance to members of the public or that there has been or is likely to be disorder near the premises which is associated with the use of those premises. I spoke to the Metropolitan Police the other day and they stand ready to use Section 34 and 35 dispersal notices if necessary.

We also intend to publish guidance alongside the Bill that will set out the details of how the new provisions, including the details of the amendment, will apply to premises and local authorities. I hope that addresses the concerns raised by the noble Lords who tabled the amendments and that the noble Lord, Lord Paddick, will be content to withdraw his amendment.

I turn to Amendments 32 and 35, tabled by the noble Lord, Lord Paddick, and the noble Baroness, Lady Pinnock. They relate to the sale of alcohol for consumption in open and glass containers. The Government agree that premises must be responsible for the manner in which they serve alcohol in all circumstances, and that includes minimising the risk of any associated disorder. We will therefore be including recommendations to address issues regarding glassware in the guidance for local authorities and premises that will accompany these provisions. The guidance will encourage the use of closed or non-glass containers such as reusable plastic cups. However, we also recognise that restaurants in particular will benefit from being able to serve alcohol in open containers in outdoor areas that they may use under the provisions in the Bill relating to pavement licences. Premises may have different serving equipment and preferences, and the provisions need to remain flexible to meet business and customer needs. Requiring that alcohol sold in these circumstances must be in a closed container could hinder premises that might want to take advantage of the aims of the Bill. I therefore determine that it would be too prescriptive to specify in the Bill restrictions on the type of containers that can be used for the off-trade permission, and I hope the noble Lord will be content not to move his amendment.

Lastly, the Government are sympathetic to the concerns behind Amendment 45, tabled by the noble Lord, Lord Shipley, and the noble Baroness, Lady Thornhill, regarding the late-night levy. That is why, in April, the Minister for Crime and Policing wrote to the chairs of the licensing committees to ask them to take a more flexible and pragmatic approach during the coronavirus outbreak, while ensuring that the licensing objectives are safeguarded. I am grateful to the licensing authorities for ensuring that the system has continued to operate during this trying time.

Local authorities of course have discretion when considering non-payment or late payment of an annual premises licence fee or a late-night levy charge. While the Licensing Act 2003 requires that the licence be suspended, it is possible to delay when that suspension takes effect. I hope and expect that businesses experiencing difficulties will make the licensing authority aware and that the licensing authority will treat such businesses sympathetically. In his letter, the Minister for Crime further advised authorities to consider delaying any suspension of the licence where the delay in payment or non-payment was related to Covid-19. I hope that that is a reasonable explanation and that the noble Lord will be content not to move his amendment.

Baroness Williams of Trafford

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My Lords, the off-sale of cheap alcohol is not a novel concept in terms of the Bill. I totally concur with the noble Baroness’s concerns about the harms of alcohol and about the accessibility of cheap alcohol attracting people who might not have enough money to go to the pub. Ironically, that is why I support pubs: because drinking is done in a much more controlled way. Licensees have an obligation to chuck people out of the pub if they are behaving irresponsibly. Therefore, landlords are prohibited from selling off-sales as well as on-sales to someone who is clearly drunk. It is a good safeguard.

The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)

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My Lords, this group concerns Clauses 13 and 14, which seek to manage road safety risks as we move into recovery from the pandemic. I am very grateful for the discussions that I have had with the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Randerson, who is unable to be in her place. I will put on record further details to address the concerns that have been raised.

First, noble Lords will be aware that draft regulations referred to in Clause 13 are now available, but the essence of this clause is as follows: at this time, the Driver & Vehicle Standards Agency can issue certificates of temporary exemption from roadworthiness testing on a blanket basis for vehicles during exceptional circumstances. It has issued such exemptions to all heavy vehicles that are due a test in the period from March to August 2020. Clause 13 allows the DVSA to exempt vehicles from testing based on road safety risk factors rather than on a blanket basis. These powers are not intended to manage business as usual and will not be used to manage normal test demand unconnected to exceptional circumstances.

When determining whether a CTE should be issued for a particular vehicle, the new regulations will allow the following relevant safety factors to be considered: the age of the vehicle and its technical characteristics; the findings of any examination or inspection of a vehicle; enforcement action against the vehicle’s operator or against the driver of a vehicle used under that operator’s licence; the operator’s membership of the DVSA’s earned recognition scheme; and any action, direction or order in relation to an operator’s licence, held by the operator, taken or made by a traffic commissioner within the previous five years under specific relevant provisions.

Where exceptional circumstances necessitate, the new power will be used to prioritise older vehicles for testing—most likely those over two years old—and take into consideration membership of the DVSA-run earned recognition scheme and operator compliance risk scores calculated by the DVSA, based on historic evidence of compliance. The regulations will permit the issue of CTEs during, prior to, or subsequent to disruption attributable in whole or in part to an exceptional event which falls within the existing definition. This is in recognition of the fact that disruption to test availability may extend beyond the boundaries of an event. An exceptional event such as accident, fire or epidemic is included in this definition. The regulations will also set out the duration for which these CTEs can be issued. Given that these revisions reduce the road safety risk inherent in the existing powers and are to be used only infrequently and in exceptional circumstances, we do not propose to add a sunset clause.

I turn now to Amendment 49, tabled by my noble friend Lord Attlee, which seeks to permit the Secretary of State to qualify any individual to undertake road-worthiness tests of heavy goods vehicles. At present, heavy vehicle testing is undertaken by the DVSA, typically with staff working from a third-party site. This amendment would open the door to the private sector undertaking such testing; this is often referred to as delegated testing. I understand my noble friend’s views on this point and recognise his expertise in the area, as so ably demonstrated in his contribution. I express my gratitude to him for his constructive approach, particularly in discussions with departmental officials.

However, allowing delegated testing of heavy goods vehicles would represent a fundamental change in our long-standing approach. This amendment would require us to conduct that change during a time of immense pressure on the testing system, on stakeholders and on the DVSA. Establishing a new system of testing without carrying out careful consideration and extensive consultation would be unwise and would create risks to all road users. However, I am extremely willing to continue constructive discussions with the noble Earl, and indeed with industry, particularly as to how we can improve the current system. For these reasons, I hope that my noble friend will feel able to support the Government’s approach.

I turn finally to Clause 14. I am grateful to the noble Lord, Lord Tunnicliffe, for giving me an opportunity to provide further details. Lorry and bus drivers must apply to renew their driving licence every five years and annually from the age of 65. From the age of 45, a medical report signed by a doctor must be provided with the renewal application. Under an existing power in secondary legislation, the Secretary of State for Transport can waive the requirement for a medical report. However, the Secretary of State for Transport currently cannot mitigate the associated risk by issuing shorter licences.

As a result of the pandemic, NHS GPs have not been available to meet the demand for medical reports. To help keep drivers on the road, we announced a temporary scheme to waive the medical report requirement and issue one-year licences back in April 2020. The provision in this Bill is retrospective. It limits to one year the duration of licences already issued under that scheme without a medical report, as well as those that will be issued in the future. Even though the medical report will not be required at renewal, the driver must still fill out the standard DVLA medical questionnaire, and confirm whether or not they suffer from one of the medical conditions relevant to fitness to drive. If a medical condition is declared, the DVLA will investigate the condition, and decide whether it is appropriate to issue a licence. The provision for one-year licences to be issued where there is no medical report will last for the duration of the Bill. However, this scheme does not have to be used. The DVLA is keeping the scheme under review, and in consultation with NHS authorities will reinstate the requirement for a medical report, and return to issuing five-year licences, as soon as medical resources are available to meet demand.

I thank the noble Baroness, Lady Kramer, for her questions on the issuance of other licences and their renewal, and I will write to her. On the basis of these explanations and clarifications, I hope that the noble Lord, Lord Tunnicliffe, will feel able to withdraw his intention to oppose the Motion that the clause stand part.

The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)

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I am grateful to the noble Baroness, Lady Doocey, for raising this important issue. Campsites, caravan parks and holiday cottages are places we all value. They are a mainstay of their local economies in many parts of the country, providing employment and supporting local services and businesses. I share her concern about the considerable impact that the coronavirus has had on the sector. In particular, we recognise that many campsite, caravan and holiday park owners now want to extend their season opening times, but planning conditions can limit this. I recognise the important role these businesses play in their local communities and economies.

On Amendments 74 and 75 proposed by the noble Baroness, Lady Doocey, and the noble Lord, Lord Redesdale, I am pleased to announce that my department will lay a Written Ministerial Statement that will encourage local planning authorities to take a sympathetic approach to applications to change the opening times on a temporary basis, allowing campsites and caravan and other holiday parks to open beyond the summer season. The Statement encourages them to use their discretion not to take enforcement action where this could lead to a breach of a planning condition.

I am less convinced that there should be any changes to provide flexibility for the owners of holiday cottages who want to let them out for wider uses on a temporary basis. As tourist accommodation could be lost, it may deprive areas reliant on tourism of visitors over the winter as we recover from the coronavirus. Individual owners can still apply for a variation of condition in the normal way if they wish. I hope that my response provides sufficient encouragement for the noble Baroness and that she will not move her amendments when they are reached.

Amendment 50, also tabled by the noble Baroness, Lady Doocey, seeks to amend the package travel regulations with the admirable aim of boosting local tourism. The package travel rules are designed to be light touch where possible and provide protection and clarity for consumers. In her speech at Second Reading, she used the example of a bed and breakfast adding an evening meal at a local pub or restaurant to its customer offer. It is unlikely that this would invoke the package travel rules. For such an addition to come within the parameters of the package travel rules, the extra meal would need to be an essential feature of the trip, accounting for a significant proportion of the value of the package. That is normally taken as a cost in the order of 25% of the total package.

None the less, I am grateful to the noble Baroness for raising the issue. The Government indicated last year that they would undertake a review of the package travel rules in future, but believe this is better conducted when the UK has left the EU and has the full freedoms to act independently. For the reasons I have set out, I am not able to accept this amendment; I hope that she will therefore withdraw it.

I will write separately to the noble Baroness, Lady Wilcox, on the points she raised about disputes and the steps taken by government.

Lord Greenhalgh

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I thank the noble Lord; he got a second chance to speak but had very little to say. The coronavirus pandemic has caused a lot of firsts; it is good to share in that endeavour. I am pleased we were able to assuage a lot of his concerns.

Lord Greenhalgh

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For the convenience of the Committee, and perhaps to save some time, I intervene to notify the Committee that, with regard to Amendment 73, we will bring forward a government amendment on Report that seeks to include mayoral development corporations, Transport for London and parish meetings within the Coronavirus Act 2020.

Clause 16: Modification of conditions relating to construction working hours

Amendment 52

Lord Greenhalgh

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My Lords, these amendments relate to construction site hours and virtual committees. We welcome the intention behind Amendment 73 on virtual committees, tabled by the noble Lord, Lord Kennedy of Southwark, and the noble Baronesses, Lady Kramer and Lady Valentine. It would amend Section 78 of the Coronavirus Act 2020. The Act was drafted at pace and the omission of the bodies listed was an accidental oversight, so I am pleased to tell the Committee that, as announced earlier, we are bringing forward an amendment on Report to deal with the matter. With regard to the length of construction hours— a point raised repeatedly by the noble Baronesses, Lady Jones and Lady Pinnock, and the noble Lord, Lord Campbell of Pittenweem—this is all about the balance between getting Britain building safely again and amenity.

I thank the noble Baroness, Lady Pinnock, the noble Lord, Lord Shipley, and my noble friends Lady McIntosh, Lord Blencathra and Lord Randall for amendments to Clause 16. My noble friend Lord Blencathra’s Amendment 53 deals with works in proximity to residential dwellings. I assure him that the planning authority will still have discretion to refuse applications that it considers would have an unacceptable impact. The draft guidance published alongside the Bill highlights that careful consideration will need to be given to whether to refuse applications made in relation to developments that are in close proximity to residential areas where the request is likely to have a significant impact on health. The guidance also flags up the need for the local planning authority to take into account its other legal duties to protect people in the locality from the effects of noise.

I will take Amendments 54, 55 and 57 tabled by the noble Baroness, Lady Pinnock, in order. First, in response to Amendment 54, I say that there should be no fee in the current circumstances. This is a temporary measure that deals with a specific issue and is accompanied by clear guidance. We do not believe that the average planning department is likely to receive a great number of applications through this route such that it would create a significant new burden.

On Amendment 55, the draft guidance encourages developers to work closely with their local community and the local planning authority to undertake any noisy works that may affect residents during normal working hours and to implement mitigation measures. The local authority has the option to enforce against any breach of such approved plans and can enforce against other unacceptable impacts through the statutory nuisance framework.

Lord Greenhalgh

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I am grateful to my noble friend Lord Lansley for speaking to this group of amendments which relate to the extension of planning permissions and listed building consents. These amendments have been supported by my noble friend Lord Balfe. Let me begin by saying that this is a very unusual and challenging time for the development industry, and we recognise that many developers of residential and commercial buildings have had to pause projects.

First, I recognise my noble friend’s comment that the proposed extension for those permissions and consents due to lapse close to 31 December 2020 will represent an extension of only three months, and I take his point about the quality of those three months. However, where a planning permission is due to lapse earlier in the year, for example in September, it would benefit from an automatic extension of closer to seven months. This, we believe, is proportionate.

Secondly, we should be clear that these measures to extend planning permissions and listed building consents are intended to support developers to implement their permissions—that is, to make a start on site—as we know that many of them will have experienced disruptions or delays due to the pandemic. However, it need not take very extensive works to implement a planning permission, and we think it is reasonable to expect starts on site to take place by 1 April 2021. I note my noble friend’s points about the community infrastructure levy, but we have made provisions so that the payment can be deferred and I am sure we will see improvements with regard to the current delays in the discharge of pre-commencement planning conditions.

Finally, my noble friend will be aware that we have included powers to extend, by regulations, both the 31 December 2020 date and the 1 April 2021 date to allow more or longer extensions, should that become appropriate. I am happy once again to commit to my noble friend on the Floor of your Lordships’ House that I would be pleased to engage with him on this matter in the coming months as we better understand how the industry is recovering from the impacts of the pandemic.

My noble friend also spoke to Amendments 59, 62, 66 and 68 to Clauses 17 and 18 in relation to the scope of the additional environmental approval process. These amendments would shift the cut-off date for those permissions which require additional environmental approval in order to be extended to April 2021. This date is currently set at the date these provisions take effect, which is four weeks after Royal Assent. My noble friend’s amendment would shift this to 25 June 2020 to cover just planning permissions that have expired. He will understand that where planning permission has lapsed, an extension effectively reinstates the permission, thereby permitting something that otherwise would not be allowed to go ahead. So it is right in those circumstances, having regard to our environmental commitments and obligations, to check whether the existing environmental assessments are still up to date. However, it is important that these provisions capture not only permissions which have actually lapsed, but those which, while technically still extant as of now, in practice could not be implemented within their original time limit. That is why it is right that there is a short delay between this Bill achieving Royal Assent and the cut-off date when these provisions take effect.

Developers with a permission that has not yet expired, but which is due to do so before these provisions take effect, still have the option to implement their planning permissions now, if they can. This would avoid any need to apply for additional environmental approval. If they cannot, it is right that before an extension is granted, there should be a check on whether the requisite environmental assessments remain up to date. The process for doing so is not burdensome, is focused and would be free of charge for applicants.

I hope that with this assurance my noble friend will feel able to withdraw Amendment 59 and will not press the others in this group.

Earl Howe (Con)

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My Lords, I am grateful to the noble Lord, Lord Kennedy, for his amendment.

First, I recognise that this legislation is passing through Parliament at considerable speed. Your Lordships rightly stress the importance of scrutiny. However, any review of the kind proposed by the noble Lord should be proportionate to the issue in question. The measures in this Bill respond to the specific conditions created by the Covid-19 pandemic. We have already ensured that the vast majority of those measures are explicitly temporary or relate to temporary schemes.

Amendment 76 would create a potential cut-off to the Bill’s provisions every quarter. The Government believe that that would be very unhelpful and undermine the purpose of the Bill. Surely we need to give the economy and businesses stability and reassurance. Bringing these measures back to Parliament every three months for positive reapproval would create the very thing that businesses want to see the back of—uncertainty—and would severely dilute the benefits intended in the Bill. We cannot expect businesses and local authorities to operate not knowing whether these measures will be turned on or off every quarter. Construction work may be delayed or cancelled, vital freight vehicles may lie dormant, and businesses may find it difficult to operate.

Indeed, different sectors will need their provisions for different amounts of time. The different end dates of the temporary provisions in the Bill reflect the different effects of Covid-19 according to sector. For example, the challenges facing restaurants, bars and pubs are not the same as those facing HGV drivers, developers or construction firms.

I am not dismissing the case for scrutiny. Parliament will still be able to monitor and scrutinise the Government’s actions in all the usual ways. Let us bear in mind that, as the noble Lord reminded us, the powers to extend the duration of the temporary measures are subject to the affirmative procedure to provide opportunity for thorough scrutiny of the use of these provisions. As my noble friend Lord Greenhalgh outlined yesterday, we will also accept the Delegated Powers and Regulatory Reform Committee’s recommendation in relation to the powers to extend measures in this Bill, to ensure that the effects of coronavirus are part of that consideration.

The noble Lord, Lord Shipley, asked how we as a Parliament will monitor mistakes and how those mistakes will be corrected. The answer is that built into these provisions are flexibilities that lie largely in the hands of local authorities, which can, taking pavement licences as an example, amend conditions or remove the licence altogether. In so far as we have devolved powers to local authorities, they have the ability to correct mistakes, if one can put it that way.

My final point, which I invite the noble Lord, Lord Kennedy, to reflect on, is that a rolling review would mean that we could not implement the two permanent measures in the Bill. We would not be able to reform the Planning Inspectorate appeals system, as was recommended by the Rosewell review and has already been implemented in Wales, and we would not be able to future-proof rules for temporary exemptions from heavy vehicle testing. The existing rules allow for exemptions to be issued on a blanket basis during exceptional circumstances. The measures in this Bill will allow the Government to issue exemptions on the basis of road safety risk, while still being constrained through regulations to issue these exemptions in relation to exceptional circumstances. This corrects a deficiency in existing emergency powers.

For these reasons, I cannot accept this amendment and I hope that the noble Lord will feel able to withdraw it.

Earl Howe

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My Lords, with the leave of the Committee, I will reply very briefly to the noble Baroness. I was sorry to hear her questions because it appeared from what she said that she is fundamentally against the purposes—or most of the provisions—of the Bill. I hope that is not the case and will of course consider the questions she has asked. I simply remind her that extensive consultation has taken place with the Local Government Association, voluntary bodies and local associations of various kinds, and we have not encountered hostility to the purposes of the Bill, which are of course to enable the economy—and businesses in the economy —to get going again after the dreadful pandemic that we have all endured.

We have, in fact, been over most of the points raised by the noble Baroness at some length already, whether at Second Reading or in these Committee proceedings. I also remind her that these are, with two exceptions, temporary provisions. The noble Baroness made as if to say that we were setting in stone forever provisions that she had considerable concerns about. This is not the case and I hope that, on reflection, she will feel that this is a Bill that the country wants and needs. I will look at her questions and respond in writing as appropriate.

Earl Howe

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My Lords, the noble Lord, Lord Hain, made some powerful and extremely significant points on co-operation between employers and employees, and putting that important principle into the context of the current crisis. I thank him for the way he did so. I also thank the noble Lord, Lord Hendy, and the noble Baroness, Lady Ritchie, who joined him in putting forward this amendment, and I thank the noble Baroness, Lady Pinnock, and the noble Lord, Lord Kennedy, for their contributions.

As has been explained, this amendment would require the Secretary of State to produce a strategy for employer-employee co-operation in regard to businesses implementing the provisions of the Bill, which should be done within six months of the Act coming into force. In producing the strategy, the Secretary of State would be required to consult trade unions, other employee representatives, relevant businesses and other appropriate parties. I hope that the noble Lord, Lord Hain, will take it from me that we recognise the importance of effective employer-employee relationships, particularly in the current context. We encourage a constructive approach from both sides.

The noble Lord, Lord Hendy, asked me to say why we would object to an amendment of this kind. We do not think that a ministerially led strategy for employee-employer co-operation is necessary in the context of the Bill. The simple reason for that is that decisions on how to implement the provisions of the Bill rest best with individual businesses, their employees and their representatives, who know far more about their specific circumstances than any government Minister. We do not need to involve the Government in those processes.

I agree that workers’ voices should be easily heard, so it is worth my adding that the Information and Consultation of Employees Regulations 2004 provide another important avenue for the worker’s voice in the workplace. We have recently lowered the request threshold from 10% to 2%, which we believe will encourage employers to be more open with staff about what is happening in their workplace. This has made it easier for employees to secure information and consultation arrangements with their employer on key matters relating to the employer’s strategic direction. That is another reason why we believe that this amendment is not necessary.

The Government recognise that trade unions can play a constructive role in maintaining positive industrial relations. Indeed, to answer the point made by the noble Lord, Lord Kennedy, we have worked with unions, employers and other parties throughout this pandemic to ensure that workplaces remain safe; we will continue to do so as the UK looks towards economic recovery. This is an important subject, not least because so many people owe their lives and their well-being to a great many trade union members. However, for the reasons I have given, and much as I am with the noble Lord, Lord Hain, in spirit, I am not able to accept this amendment. I hope that the Committee will agree and that, for now at least, the noble Lord will feel able to withdraw his amendment.

The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)

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My Lords, the pavement licensing clauses in the Bill will provide vital temporary flexibility to aid the recovery of the 158,000 hospitality businesses that employ almost 2 million people over the summer months. That is the importance of this legislation, as raised by my noble friends Lord Naseby and Lord Sheikh, and the noble Baroness, Lady Pinnock.

Noble Lords have voiced concerns over accessibility, which the Government agree is paramount. While the Government have sought to address accessibility from the outset, through robust conditions such as the no-obstruction condition, guidance and enforcement procedures, we have reflected on the strong feeling in this House and recognise that more needs to be done.

In response—and what has been described by “a huge step forward” by my noble friend Lord Holmes—the Government have tabled Amendments 6, 16, 21 and 87, in the name of my noble friend Lord Howe. First, the Government have tabled Amendment 6 to Clause 3, which would insert a new subsection after subsection (6). New subsection (6A) provides that, when local authorities are determining whether furniture put on the highway would be, or already is, an unacceptable obstruction, they must have specific regard to the needs of disabled people and to any recommended distances required for access by disabled people, as set out in guidance issued by the Secretary of State. This puts in the Bill a requirement that a local authority, when deciding whether to grant an application and to exercise its enforcement powers, must have in mind the needs of disabled people and for clear access, as set out in the Government’s guidance.

Secondly, as well as the amendment to the Bill, I appreciate that there has been some confusion over the application of inclusive mobility guidance, so we are going to sharpen the focus. Inclusive mobility draws on a wide range of stakeholder inputs and remains the key piece of design guidance for the pedestrian environment. In response to the noble Lord, Lord Low, work led by DfT is under way that will update inclusive mobility next year. However, we recognise that businesses applying for licences may need clearer direction.

That is why our guidance will make clear that, in most circumstances, 1,500 millimetres or 1.5 metres of clear space should be regarded as the minimum acceptable distance between the obstacle and the edge of the footway. We will also address other concerns raised—specifically, provision of clear barriers to demarcate seating, explicit reference to duties on local authorities under the Equality Act and style of furniture. In response to the noble Baroness, Lady Bowles, that is the framework within which we are asking local authorities to operate.

We have also set out, in the House, the circumstances when local authorities can use their power to revoke, including where there is a breach of condition or there are risks to health and public safety, as well as highways obstruction. In response to the noble Lord, Lord Addington, there are robust enforcement procedures and local authorities can revoke licences when they give rise to these risks. They will need to have regard to the public sector equality duty under the Equality Act, when devising and implementing the new licensing regime, to eliminate discrimination and harassment. In response to the noble Baroness, Lady Grey-Thompson, disabled people can complain to the local authority, so authorities can act and revoke the licence for breach of a condition, which would be taken immediately. The idea of using markers, as raised by the noble Earl, Lord Clancarty, will also be considered in the guidance. That was a good point.

In drafting the guidance, we have consulted key stakeholders, including the RNIB and the Guide Dogs for the Blind Association, as well as the Local Government Association. These are the relevant stakeholders requested by the noble Baroness, Lady Kennedy. Since these measures will come into effect immediately on Royal Assent, it is important that we publish final guidance now, so that local authorities and businesses have regard to these vital considerations of accessibility without delay, as soon as these measures are implemented. However, we have made clear that any new national conditions will be subject to the negative procedure, as I will turn to shortly.

Finally, as a third step, we will be communicating the publication of the guidance to local authorities to make sure that they have sight of it as soon as possible. In so doing, we will point to existing examples of best practice on accessibility, as suggested by the RNIB.

With these steps, the Bill now makes clear that authorities must take the needs of disabled people and recommended distances into account, while guidance will set out further detail on what this entails. This provides very clear direction to local authorities and leaves scope for them to respond to their own local circumstances, while complying with their existing duties under equalities legislation. That delivers the certainty referred to by the noble Lord, Lord Shipley, with a degree of local discretion. I have to say, I note that my noble friend Lord Blencathra reserves the right to bulldoze through any obstruction in his armoured wheelchair.

I hope, therefore, that my noble friends Lord Blencathra, Lord Holmes and Lord Cormack, the noble Baronesses, Lady Pinnock and Lady Thomas, and the noble Lord, Lord Shipley, will accept government Amendment 6, and not press their amendments on this matter.

As I set out at Second Reading, the Government have accepted the recommendation of the Delegated Powers and Regulatory Reform Committee and tabled an amendment to replace the Secretary of State’s power to publish national conditions on pavement licences with a power to specify any national conditions for pavement licences in regulations, subject to the negative resolution procedure. This should provide a robust level of scrutiny of any national conditions. I hope that noble Lords will accept government Amendments 16 and 87.

Lord Greenhalgh

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My Lords, we would do well to remember that the pavement licensing clauses in the Bill provide vital temporary flexibility to aid the recovery of hospitality businesses over the summer months, and that we need to proceed quickly to achieve that. Noble Lords have voiced some concerns and requested clarity in relation to the position on outdoor smoking under these temporary fast-track licences. I am not going to go into the respective roles of the hard cop and the soft cop in achieving the Government’s amendments, as my noble friend Lord Young put it. However, in recognition of the mood across the House the Government have tabled Amendments 13, 14 and 25 to provide the clarity that local authorities, businesses and customers need.

It is important to recognise that we are winning the battle against smoking: Great Britain has one of the lowest rates of smoking in Europe, at 13.9% of adults. Fewer than one in six adults smoke today and, as we heard from the noble Lord, Lord Rennard, over 1 million people have given up during the lockdown, as was mentioned by my noble friend Lord Bethell earlier today.

This Government have taken great strides in reducing the harms caused by smoking. We committed to doing so in the prevention Green Paper. We will publish the prevention guidance response in due course and set out our plans to achieve a smoke-free England by 2030 at a later date. I am delighted that the noble Baroness, Lady Wilcox, supports that mission. I emphasise to her that there has been no stop in providing smoking cessation support. The Government continue to provide those programmes of work, which address smoking harms nationally and are delivered locally through the tobacco control plan for England and the NHS long-term plan’s commitment to provide smoking cessation support in hospital settings.

In the debate noble Lords expressed their support for the temporary, urgent and necessary reforms brought forward in the Bill to support the businesses hardest hit by this pandemic—our pubs, cafés and restaurants—and to protect jobs in those sectors. We recognise that the Covid restrictions mean that customers are encouraged or required to eat and drink outside, and that clarity is critical as we support businesses to recover. That is why the Government have tabled an amendment requiring proper provision for non-smoking seating via a smoke-free seating condition. This amendment does not prevent the portion of businesses which wish to cater for smokers from doing so. It requires proper provision for non-smoking seating. This means that customers who want to choose to sit in smoking or non-smoking al fresco dining areas will be able to do so.

The Government’s position means that all businesses eligible for pavement licences can share the benefits of this new fast-track licence, while ensuring provision for non-smoking seating. Of course, businesses can already make their own non-smoking policies for outside spaces to reflect customer wishes without the need for regulations, and the Government support that. I say to my noble friend Lord Balfe that a blanket ban can be imposed by businesses themselves. Our guidance will further reinforce this point, making it clear that the licence holder has to make reasonable provision for seating free of smoking.

The guidance is available on the GOV.UK website and was circulated to noble Lords and noble Baronesses before this debate. It includes clear no-smoking signage, displayed in accordance with the Smoke-free (Signs) Regulations 2012. No ashtrays or similar receptacles are to be provided or left on furniture where smoke-free seating is identified. Licence holders should aim for a minimum two-metre distance between non-smoking and smoking areas, wherever possible. That is the framework, so I do not see the confusion raised by the noble Lord, Lord Carlile.

It is also worth reiterating that businesses must continue to have regard to smoke-free legislation under the Health Act 2006, and the subsequent Smoke-free (Premises and Enforcement) Regulations 2006. This is restated in our guidance, as it is absolutely right to stress it, and the Government are committed to working towards a smoke-free society by 2030, as I have said.

Now is not the time to prevent businesses catering to their customers, or to use a temporary provision on pavement licences to ban smoking outdoors. Now is the time to support our hospitality industry and ensure that all businesses eligible for pavement licences can share the benefits of this new fast-track licence. This point was made by my noble friend Lord Blencathra. The noble Baroness, Lady Wilcox, is to withdraw her Amendment 11 and I thank her for her support for our amendment, which seeks to achieve what she set out in her amendment.

However, I fear that Amendment 15 in the name of the noble Baroness, Lady Northover, is not the way to proceed and would be unfair to businesses. While undoubtedly not its intention, it would create confusion. The effect is to create an unfair playing field between businesses applying for these new licences, which need to abide by the condition, and those with existing licences, which do not. This point was made by several of my colleagues. Her amendment also cuts across the ability of business owners to make their own non-smoking policies for outside space, without the need for regulations. Of course, there are cases where the regulations are already clear. The existing power, set out in the Health Act 2006 and subsequent Smoke-free (Premises and Enforcement) Regulations 2006, made it illegal to smoke in public in enclosed, or substantially enclosed, areas and workplaces. The Bill changes none of this.

On the other hand, the Government’s amendment has the proportionate approach advocated by the noble Lord, Lord Clement-Jones. He said that we needed proportionality and this is what we deliver with this amendment. It rightly requires proper, fair provision for non-smoking seating, while not undermining business owners whose customers include smokers. It supports our hospitality sector in continuing to operate, while following the Covid restrictions necessary to protect public health. I thank my noble friends Lady Neville-Rolfe, Lord Sheikh, Lady McIntosh, Lord Lansley and Lord Young for supporting the government amendment, as well as the noble Baroness, Lady Falkner. I therefore urge noble Lords to support government Amendments 13, 14 and 25, which will ensure that consumer choice remains. The noble Baroness, Lady Wilcox, has already indicated that she will withdraw her Amendment 11, but I ask that the noble Baroness, Lady Northover, does not move her Amendment 15 when called.

On a couple of points of clarification, the guidance being issued is joint guidance from the MHCLG and DHSC. It will not be subject to parliamentary scrutiny, in response to the noble Lord, Lord Faulkner. In response to the noble Lord, Lord German, there will be no physical barrier between non-smokers and smoking areas but a two-metre gap. I hope that answers the questions raised in the debate.

Earl Howe (Con)

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My Lords, I begin by speaking to the government amendments in my name—Amendments 26, 28, 47, 49, 58, 60, 65, 67, 73, 75, 78, 80, 81 and 83—which are grouped with Amendment 19 and the others in this group tabled by the noble Lord, Lord Stevenson.

I am grateful to the noble Lord, Lord Stevenson, for tabling his Amendments 19, 22, 57, 63 and 71, which would require any statutory guidance issued by the Secretary of State in relation to pavement licences, extended planning permissions, construction hours or electronic inspection of the Mayor of London’s spatial development strategy to be subject to negative parliamentary procedures. As he indicated, these amendments reflect recommendations made by the Delegated Powers and Regulatory Reform Committee of your Lordships’ House in its report on the Bill. I welcome the opportunity to discuss them.

The committee’s views are always important, and we have responded positively elsewhere in the Bill to its recommendations, as I shall explain in a moment. However, in relation to this matter, I am afraid we cannot accept its recommendations or, by extension, these amendments. This reflects partly a general principle but also the practical realities. First, the statutory guidance under Clauses 5, 8, 16, 17, 18 and 21 is planning guidance. Guidance by the Secretary of State to local planning authorities has been a key feature of the planning system ever since its creation over 70 years ago—whether that guidance has been through circulars, planning policy guidance or, more recently, the National Planning Policy Framework and its associated practical guidance.

The issuing of this guidance, as a general principle, has never required statutory instruments. For instance, there is no parliamentary procedure requirement in relation to guidance to local planning authorities about the preparation and content of local plans, a key planning function under Section 34 of the Planning and Compulsory Purchase Act 2004. Similarly, and to give an example directly relevant to this Bill, our construction working hours provisions and the extension of planning permission provisions modify the Town and Country Planning Act 1990. The various powers of the Secretary of State to issue guidance under that Act are not subject to parliamentary procedure. These documents will form part of the full suite of planning practice guidance and, in practice, it would be peculiar to have different parallel procedures for publication.

Our pavement licence clauses are linked to Part 7A of the Highways Act 1980. That Act contains four powers for the Secretary of State to issue guidance, none of which are subject to parliamentary procedure. Two of these powers were inserted by amending Acts in 2000 and 2015. The situation is similar for other statutory guidance required by this Bill. So, prescribing a parliamentary procedure for guidance in relation to the temporary planning measures in the Bill would be out of kilter with our well-established approach.

Furthermore, requiring guidance to be subject to parliamentary procedure does not reflect the practical realities of planning guidance. The draft guidance we have published is, like our other planning guidance, technical and practical and expressed in the form of questions and answers to help local planning authorities, and applicants, and has been formulated taking account of the view of sector specialists. For instance, the guidance on additional environmental approval for extending planning permissions has had input from the Environment Agency and Natural England. I hope that many noble Lords will have had the opportunity to review this guidance during the course of the Bill’s passage.

This guidance is designed to evolve over time in response to local planning authorities’ practical experience of these temporary measures. While we have obviously sought to ensure that guidance is as comprehensive as possible from the outset, we know that, in time, additional questions or clarifications may be required. We want to be able to make these updates in a flexible and timely way. We should not forget that local planning authorities are best placed to understand the specific needs, requirements and arrangements of their local areas. Providing helpful and up-to-date guidance is essential in allowing them to exercise their judgment on the ground. Requiring each change of guidance to be subject to the negative parliamentary procedure makes it more difficult in practice to make incremental changes to help them. I therefore regret that we cannot support these amendments, and I humbly beg the noble Lord, after reflecting on our arguments, to withdraw or not move them.

Turning to the other amendments in this group, I am pleased to say that the noble Lord, Lord Stevenson, and I find ourselves in broad agreement. The Government’s Amendments 26, 28, 47, 49, 58, 60, 65, 67, 73, 75, 78, 80, 81 and 83 implement another of the recommendations of the Delegated Powers and Regulatory Reform Committee, which the Government are pleased to accept. As noble Lords will be aware—I emphasise this to my noble friend Lord Balfe and the noble Lord, Lord Blunkett—the vast majority of the measures in the Bill are temporary. In several cases, clauses provide for expiry dates to be extended by regulations, subject to the affirmative or “made affirmative” procedure.

We thank the committee for its careful consideration of the Bill. Our amendments in this group would implement its recommendation to clarify that the provisions will only be extended for a purpose linked to the coronavirus pandemic. I was grateful to the noble Lord, Lord Beith, for his supportive comments on this issue. I join other noble Lords in extending my sympathy to him on the loss of his wife, the noble Baroness, Lady Maddock.

The Government’s intention has always been for the powers to extend the temporary provisions to be used, if necessary, in response to emerging information about the duration of the pandemic, the nature of social distancing requirements and the impact of coronavirus on relevant sectors. We want to provide absolute clarity that the powers to extend will be exercised only where this is necessary and appropriate, and only to mitigate an effect of coronavirus. Therefore, these amendments make this clear on the face of the Bill. The wording we have used is consistent with other legislation. I also remind noble Lords that the requirement for any extensions to be by regulations, subject to the affirmative or “made affirmative” procedure, will provide opportunity for further parliamentary scrutiny.

I am sure that noble Lords will welcome this clarity, and I hope that the noble Lord, Lord Stevenson, will agree to withdraw Amendment 19 and to not move Amendments 27, 48, 59, 66, 74, 79 and 82, which are intended to achieve the same purpose.

The Minister of State, Home Office (Baroness Williams of Trafford) (Con)

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My Lords, in moving Amendment 29, I will also speak to the other government amendments grouped with it and to which it relates. I thank noble Lords who have scrutinised the alcohol licensing measures in this Bill and, in particular, those who have made points regarding late opening hours. The Government have listened to and understood the concerns around the possibility of associated noise nuisance and anti-social behaviour occurring when a late licence is in existence.

Taken together, Amendments 29, 31, 32, 33, 34, 36, 38 and 44 introduce a standard cessation time of 11 pm to operators trading under the new off-sales permissions. They also limit the ability of those premises which are licensed after midnight to resume off-sales at that time, restricting their ability to do so until they open for business the following day. With these amendments, new permissions will apply only until 11 pm or until the current licensing hours for that premises end, whichever is earlier.

We have also tabled Amendment 45, which addresses those premises that may have restrictions on their licences that do not permit the use of a beer garden or other outdoor space beyond a certain hour. Amendment 45 will limit the ability of a premises to carry out off-sales under the new permissions where they are already limited from selling alcohol for consumption in an outdoor area of the premises. That is, if a premises cannot use its outdoor area beyond a particular time, it will not be permitted to carry out off-sales beyond that time under the new permission either. This amendment is a further safeguard to help to ensure that this measure works for local communities and not against them.

I thank again the noble Lords with whom I have engaged inside and outside of this Chamber, who have helped to bring forward these constructive amendments that the Government have tabled today. I look forward to further debate. I beg to move Amendment 29 and look forward to responding to the other amendments in this group.

Baroness Williams of Trafford

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My Lords, I am grateful to all those who have spoken on this group of amendments and to those who have welcomed the government amendments. I take the opportunity to reiterate to the House that the government amendments in this group will introduce a standard cessation time of 11 pm for operators to trade under the new off-sales permissions or—I reiterate to my noble friend Lord Balfe —until the current licensing hours for that premises end, whichever is earlier. If that is 10 pm in Cambridge, that is the time it will be. As has always been the case with this measure, the new provisions will not affect premises’ underlying licences. They provide for new permissions that will apply to the holders of on-sales-only licences, and more restrictive dual licences that allow for off-sales under more restrictive conditions than are provided for under the new permission.

Amendment 45 will further help to ensure that the new permissions work for and not against local communities, as I said. It will do this by limiting the ability of premises to carry out off-sales under the new permissions where they are already limited from selling alcohol for consumption in an outdoor area of the premises. That is, if a premises cannot use its outdoor area beyond a particular time, it will not be permitted to carry out off-sales beyond that time under the new permission either. Where such restrictions apply, it is likely that a licensing authority has imposed the conditions to reduce the risk of noise nuisance or anti-social behaviour to local residents. These conditions should therefore remain in place. I hope that noble Lords will welcome these amendments, and again I thank those who led to their tabling today.

Amendments 30, 35 and 37 from the noble Lord, Lord Kennedy, seek similarly to restrict the hours when the new off-sales permissions apply. I thank the noble Lord for his constructive engagement as the Bill has moved through the House and hope that, given my explanation of our amendments, he will feel that he does not need to move his amendments when they are called.

Briefly, I know that my noble friend Lady Stowell did not move her amendment, but I will relay some of the points that we have discussed. For the sale of alcohol for consumption in outside areas already part of the licensed premises, such as a beer garden, those sales are defined as on-sales and premises will therefore not require a new permission to carry out this function. However, if premises wish to sell alcohol for consumption in bordering outside areas that are not on the premises plan as part of the existing licensed premises, they will still require an off-sales permission in order to do so. That might include an area they seek to occupy following the successful application of a pavement licence.

Baroness Williams of Trafford

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My Lords, I thank all noble Lords who have spoken in this debate, particularly for the interest in Amendment 52, tabled by my noble friends Lady Neville-Rolfe and Lord Bourne and the noble Lords, Lord Stevenson and Lord Clement-Jones, on digital age verification. I could agree with virtually everything said in the debate on this amendment. I am very keen to progress this agenda, and it was in discussing this that my noble friend and I realised that we had a mutual interest in moving this agenda forward—she as a former Digital Minister and me dealing with data and identity in the Home Office.

The Government have carefully considered the concerns raised by this amendment. We support its aims, and we believe that a more holistic approach is needed to enable the use of digital identity in compliance with age-verification requirements in the Licensing Act for the sale of alcohol. As I explained in Committee, the protection of children from harm is an objective that all licensed premises should promote. Age verification plays a critical role in this and it is essential that we have confidence in the forms of identification presented as proof of age to promote this licensing objective. As my noble friend Lady McIntosh of Pickering said, the PASS accredits a number of national and local suppliers of ID cards, offering retailers flexibility to choose an appropriate card to fit their needs and fulfil their licence condition.

At present it is not possible to use a digital ID as proof of age for the purchase of alcohol in the UK due to the lack of an agreed industry standard for digital ID. Without trusted digital identity standards in place, licence holders cannot know that market solutions are fit for purpose. This would make it very difficult for them to meet the reasonable precautions and due diligence requirements described in Amendment 52. The lack of an equivalent national standard for digital ID would lead to uncertainty.

The noble Lord, Lord Harris of Haringey, was correct in saying that movement on this is slow. I share his frustration and I know that my noble friend, a former Digital Minister, does too, but we do not think it is right to place licence holders in a position in which they are being asked to accept proof of ID without a set of agreed standards, even on temporarily. To do so may place them at risk of committing a criminal offence.

Although the Government are resisting this amendment, we do not disagree with—in fact we are very supportive of—the principle of digital ID. I set out in Committee some of the steps we are taking to progress work in this area. A call for evidence was launched last summer and the responses overwhelmingly agreed that the Government have a role in developing a framework for digital ID use in the UK. Respondents stressed the need for legal certainty on how to use digital identity. The Government will consult on developing legislation to set provisions for consumer protection relating to digital ID, specific rights for individuals, an ability to seek redress if something goes wrong and where responsibility for oversight should lie. The Government will also consult on the appropriate privacy and technical standards for secure digital identity. Sufficient oversight of these standards needs to be established to build trust and to facilitate innovation, which will provide organisations with a handrail to develop new, future-facing products, which I know is exactly what my noble friend seeks.

The Government plan to update existing laws on identity checking to enable digital ID to be used in the greatest number of circumstances. However, it is only when the framework and, most importantly, the standards are in place that we can expect industry and citizens to trust and have confidence in using and accepting digital IDs. Now, knowing our mutual interest in this subject, I hope that the Government and I will be able to draw on my noble friend’s considerable experience in this area as plans develop. I invite her to engage with Ministers and officials on this work as it develops. I am happy to give a commitment, on behalf of my noble friend Lady Barran, that we will work together with my noble friend towards our shared aspiration. To be honest, after four years in the Home Office I am glad that I have found someone interested in my policy area of digital ID and data. I hope that, with that commitment, my noble friend will support me in my longer-term vision for digital identities and will not move her amendment when it is reached.

I now turn to the amendments tabled by the noble Lord, Lord Addington, and my noble friend Lord Holmes. As noble Lords will be aware, the provisions in the Bill add permission for off-sales to most premises with an existing on-sales premises licence. It is not a mechanism to amend the process by which premises licences are granted.

I shall deal with Amendments 42, 43 and 50, tabled by my noble friend Lord Holmes, first. My noble friend has spoken passionately in support of small breweries. He is right to say that they have thrived over the past few years and we do not want to lose that. They are important. I note his point that his amendments could help breweries to sell alcohol to the public. However, as I said in Committee, we feel that any proposal that a business should be given a full premises licence without proper scrutiny by the local licensing authority, the police or the public is a step too far.

Similarly, with regard to Amendment 51, we are not currently seeking to make changes to the number of temporary event notices available for application in one year. Temporary licences granted for a limited period should not be used as a route to a permanent licence. As I have set out, there are crucial scrutiny mechanisms in place for granting them to ensure that all premises are selling alcohol responsibly.

Baroness Williams of Trafford

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My Lords, I would be delighted to meet my noble friend to discuss making progress on this. As I say, I am very glad to have a friend in digital identity.

Baroness Williams of Trafford

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I can tell my noble friend that I would love to come with him to a brewery.

Earl Howe

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My Lords, Amendment 55 tabled by the noble Baroness, Lady Doocey, and the noble Lord, Lord Redesdale, seeks to alter the package travel regulations in a manner similar to the amendment tabled in Committee. The noble Baroness is right to identify the difficulties facing the UK tourism sector, in particular the many SMEs in the sector. It is therefore right that we do all we can to support this sector through the crisis.

On 3 June, we announced a £10 million kick-starting tourism package, which will give small businesses in tourist destinations grants of up to £5,000 to help them adapt following the pandemic. As of last week, the VAT rate applied to most tourism and hospitality-related activities has been cut from 20% to 5% for six months to help the sector get back on its feet. We have launched the “enjoy summer safely” national marketing campaign to encourage British people to enjoy UK tourism. Ministers and officials have been meeting representatives from the tourism sector regularly via the Tourism Industry Emergency Response Group. We are actively considering all the recovery ideas suggested to us by stakeholders, including schemes to promote domestic tourism.

In that spirit, I would like to follow this up by arranging a meeting with the sector representatives that the noble Baroness, Lady Doocey, has met to explore the points she has made about domestic tourism and package travel. I hope that offer is welcome. As confirmed in Committee, the Government have indicated that we will undertake a further review of the package travel recommendations. As these are EU laws, this review is better conducted when the transition period with the EU is over. I say that with some emphasis, as the EU Commission has recently commenced infraction proceedings against several member states that have amended laws in contravention of the package travel directive.

It is also important to reflect, as the noble Baroness recognised, on the balance to strike between business flexibility and consumer protection, so it is important to consult a wider range of interests. For the reasons I have given, I am not able to accept this amendment, and I hope the noble Baroness feels able to withdraw it.

Lord Greenhalgh

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My Lords, I rise to speak to government Amendments 84, 88 and 89—tabled by my noble friend Lord Howe—which are grouped with Amendments 85 and 86, tabled by the noble Lord, Lord Stevenson, Amendment 56, tabled by the noble Baroness, Lady Pinnock, and the noble Lords, Lord Campbell and Lord Shipley, and Amendments 61, 62, 64, 68, 69, 70, 72, 76 and 77, tabled by my noble friend Lord Lansley.

I turn to Amendments 84, 88 and 89, government amendments tabled by my noble friend Lord Howe, and Amendments 85 and 86, tabled by the noble Lord, Lord Stevenson. The purpose of these amendments is to secure that mayoral development corporations, Transport for London, urban development corporations and parish meetings are subject to the power in Section 78 of the Coronavirus Act 2020, which enables the making of regulations to allow these bodies to meet remotely until 7 May 2021.

They correct the omission of these bodies from the Coronavirus Act, which was an accidental oversight due to the pace at which the Act was drafted. It is wholly consistent with the current policy of the Government that bodies such as local authorities—in the broadest sense—should be able to meet remotely, carrying on their business while protecting the health and safety of members, officers and the public. The Government have received representation on this matter from, among others, the Mayor of London—particularly on behalf of the London Legacy Development Corporation—Transport for London and the National Association of Local Councils with regard to the inclusion of parish meetings.

I will answer both the noble Lord, Lord Kennedy, and the noble Baroness, Lady Kramer, by saying that the Government’s intention is to make the amended regulations with urgency following Royal Assent. In fact, Amendment 89 specifically allows early commencement of Amendment 84 and, in addition, we will move at pace to ensure that the regulations are in place in a matter of days, as opposed to the typical 21 days. This is a similar pace to the laying of regulations following the passing of the Coronavirus Act.

I note Amendment 85 in the name of the noble Lord, Lord Kennedy, which would have put the change to Section 78 of the Coronavirus Act in the Bill in respect of mayoral development corporations, and Amendment 86, which seeks to include a specific reference to the highway authority for the Greater London Authority in the local authority remote meetings regulations. We support the spirit of these amendments but, in the light of the government amendments, we hope that noble Lords will not move those amendments. I hope that will also be the case for the amendments in the name of the noble Lord, Lord Stevenson.

I thank the noble Baroness, Lady Pinnock, and the noble Lords, Lord Campbell and Lord Shipley, for Amendment 56. We agree that local planning authorities should have sufficient information about the impact of extended construction hours on the community and environment to enable them to make a timely decision. We believe that the most appropriate way of ensuring that this happens is through guidance. There is likely to be a range of possible responses from the construction industry to this measure and variation in what will be requested—from an additional hour or so on some sites, so that workers can have staggered start and finish times, to longer evening extensions on others. Therefore, we need a flexible and proportionate approach that can be tailored to the circumstances.

However, we listened to noble Lords’ views during Committee and we hear their concerns. We recognise the need for balance and to ensure that safeguards are in place to protect amenity, as the noble Baroness, Lady Pinnock, and the noble Lords, Lord Campbell and Lord Shipley, have asked for. We have strengthened the draft guidance so that it also lists an assessment of impacts of noise on sensitive uses nearby as something that local planning authorities may wish to encourage an applicant to provide to aid swift decision-making. This is in addition to providing a justification for extended hours and mitigations to aid swift decision-making, which were already covered in the guidance.

We have also taken the advice of the Institute of Acoustics, the Association of Noise Consultants and the Chartered Institute of Environmental Health, and gone further still to make other changes to strengthen the guidance, including that applicants provide information on the primary construction activities expected to take place during the extended hours, including the plant and equipment expected to be used. Taking into account these changes, I beg noble Lords not to press their amendment. I also assure my noble friend Lord Balfe that the legislation is temporary and we will not see any diminution to the environmental gains that have been achieved by the planning system.

I turn to the nine amendments tabled by my noble friend Lord Lansley, which relate to Clauses 17, 18 and 19, and the extension of planning permissions and listed building consents. These amendments would extend the time limit for relevant planning permissions and listed building consents to 1 May 2021, instead of 1 April as currently drafted. I note that he has tabled these amendments as a compromise given my concerns about accepting his amendments in Committee, which would have introduced an extension to 1 June 2021.

I agree with my noble friend that any extension of unimplemented planning permissions or listed building consents needs to be of sufficient length to aid the development industry, given the impact that Covid-19 has had on development. We certainly think that it will take time for many developers to commence new residential and commercial development. I thank him in particular for his insightful points during the debates on these measures, particularly on the potential impacts of the winter months on the productivity of the development industry.

I am pleased to say that the Government will accept my noble friend’s nine amendments. They will provide a modest extension into the more accommodating spring months. I also recognise that this additional time would be welcomed by developers and local planning authorities, given that the development industry is experiencing a slow and cautious return to full operating capacity. We accept that this is appropriate in the circumstances.

The amendments would, in effect, give any eligible planning permissions and listed building consents nine months, or three-quarters of a year, from now to take steps to implement the permission. We will, as previously mentioned, keep the use of powers to extend certain dates in the legislation under review if the impact of the coronavirus continues.

These are modest amendments, but I agree that they will give additional certainty to developers in these exceptional times. I trust that they will be well received by your Lordships’ House, as well as by the industry. On this basis, I am happy to accept my noble friend’s amendments.

Earl Howe

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That the Bill do now pass.

Earl Howe (Con)

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My Lords, this Bill has passed through your Lordships’ House at greater than usual speed, and all noble Lords understand the reasons for treating it with such urgency. I am grateful to all noble Lords for their constructive engagement with the Bill and for raising many important topics. I hope that your Lordships will agree that the Government have considered and responded to the concerns of noble Lords and have made suitable changes to provisions where appropriate. We have had good debates and the Bill is now in a much better form than it was when it entered your Lordships’ House.

I thank the other members of the ministerial team: my noble friends Lady Penn, Lord Greenhalgh, Lady Williams and Lady Vere. I congratulate especially my noble friend Lord Greenhalgh, who made his first Second Reading speech when introducing the Bill to the House. As my noble friend said in that speech, the Bill supports businesses in four key areas of the economy. It has been a pleasure to work with this team on such a wide-ranging set of measures.

I also extend my appreciation to the Front-Bench spokesmen and spokeswomen on the Benches opposite —for the Liberal Democrats, the noble Baronesses, Lady Pinnock, Lady Doocey, Lady Northover and Lady Kramer, and the noble Lords, Lord Shipley, Lord Addington and Lord Paddick; and for the Official Opposition, the noble Lords, Lord Tunnicliffe, Lord Stevenson and Lord Kennedy, and the noble Baroness, Lady Wilcox—whose constructive and consensual approach has ensured that the Bill is fit for its intended purpose.

Once again, I extend my thanks to all noble Lords throughout the House for scrutinising the Bill with such care, and for their constructive engagement. The Bill is needed urgently, before the summer, so that its provisions can reach their full potential. I hope, therefore, that the other place will promptly accept the amendments we have passed so that the Bill can come into force without delay. I beg to move.