Business and Planning Bill

(Limited Text - Ministerial Extracts only)

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 21st July 2020 Commons Chamber

[The Minister for Housing (Christopher Pincher)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this we may take Lords amendments 2 to 42.

[Christopher Pincher]

This Bill is an essential part of the Government’s response to the effects of covid-19 and the restrictions that have been keeping people safe. We know that these restrictions have come at a considerable cost to our economy and to people’s lives. We all have constituents who are desperate to get back to work— desperate to get back to their normal lives. This Bill will help to make that happen. This Bill will help the country get back on its feet.

The amendments that we are considering this evening do not disrupt the thrust of the Bill as it left this House. In fact, they improve it. It is worth remembering that when this Bill was last in this House we debated it over one afternoon—unusually fast, as several hon. and right hon. Members have said—to ensure that it would come into force before the summer recess and give the greatest possible benefit to the country.  The Bill has received more extensive consideration in the other place, and I hope that we can agree the amendments.

I am grateful to hon. and right hon. Members for their constructive engagement with the Bill. I am particularly grateful to the right hon. Member for Doncaster North (Edward Miliband) and his colleagues in the Opposition for their collaboration. Members’ thoughtfulness and involvement have been a great help in improving this legislation, and I am pleased with the result of our deliberations. I should also like to recognise parliamentary counsel, the legal advisers and staff of the other place and of this House for marshalling this Bill through all its stages.

I shall briefly summarise the amendments that have been made in the other place. First, we have improved the pavement licensing measures in several ways. We have ensured that authorities must have regard to the needs of disabled people when considering whether to grant a pavement licence, and we have ensured that non-smoking areas will be provided by businesses that are granted pavement licences. We have also ensured that local authorities can delegate decisions about pavement licences to sub-committees or to officials, and that regulations issued by Government will be laid before Parliament. Those amendments are in keeping with the policy intention of the pavement licence provisions and improve them. I therefore hope that the House will support the amendments.

Secondly, we have amended the provisions about off-sales of alcohol to combat antisocial behaviour. I am especially grateful to hon. Members for their involvement in this issue—especially my hon. Friend the Member for Kensington (Felicity Buchan); my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), who brought to bear her considerable experience as the leader of a London council; and the hon. Member for Hackney South and Shoreditch (Meg Hillier), who spoke eloquently when we last debated the matter in this House. I believe that collectively, they have improved the Bill. The Bill now limits off-sales to 11 pm at the latest, and any new permissions will not allow the sale of alcohol for consumption in outdoor areas of the premises that are already restricted by the premises licence. Making off-sales of alcohol easier will help the hospitality industry to recover more quickly, but in a way that does not encourage antisocial behaviour.

Thirdly, we have increased the extension of planning permission by one month. This is a modest extension, but it will provide further certainty and reassurance to developers and local authorities that planning permissions will not lapse unnecessarily as a result of the pandemic. Fourthly, in response to the report by the Delegated Powers and Regulatory Reform Committee, any extension to the provisions can be made only when it is

“necessary or appropriate for a purpose linked to the coronavirus pandemic.”

That is an important clarification.

Finally, the Bill now amends section 78 of the Coronavirus Act 2020 so that the Government can make regulations to enable specific authorities to conduct their meetings remotely. These authorities were omitted from the Coronavirus Act because of the speed with which that legislation was passed, and now is the appropriate time to include them. I hope the House will agree these Lords amendments.

I am sure that hon. and right hon. Members agree that businesses throughout our country need the benefit of these provisions this summer. As someone once put it, we need to help to fix the economy while the sun is shining. If we do not pass this Bill today, it will not take effect until the autumn, and the country will lose out on the valuable provisions over the summer months. The Bill has been much improved and scrutinised in the other place, and it is an example of how Parliament can work quickly and effectively in the national interest and set the United Kingdom on a path to recovery. I therefore trust that the House will support all the Lords amendments.

[Edward Miliband (Doncaster North) (Lab)]

I rise to support Lords amendment 1 and the other Lords amendments that have been sent back to us from the other place. This is an important Bill, as the Minister said—particularly so for the hospitality industry. The Minister made reference to the speed with which it went through this place, and I agree that it has benefited from consideration in the Lords. I join him in thanking all the people who have worked on the Bill, including the civil servants who worked on it at speed to ensure that it can help the hospitality industry and other industries in this time of crisis.

I will briefly refer to some of the changes made by their lordships. I agree with the Minister that limiting off-sales to 11 pm is an important change. I pay tribute to Government Members for their work on this issue, and I pay particular tribute to the campaign by my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier). It is hard to say no to her, but she made a very important and correct case. Although it applies particularly to her constituency, it also applies elsewhere, and I understand why she made that case. Their lordships accepted it, and we should too.

The Minister is right to draw attention to the important issue of pavement licences and disability, which needs to be taken into consideration when local councils make decisions. The needs of the hospitality industry are clearly very important, but we cannot ignore the needs of disabled people in our country.

The other notable innovation of the Bill relates to smoke-free areas outside when additional licences are granted. That important change will enable people to enjoy the outside space—obviously, they are not able to take advantage of inside space in the old way—with the guarantee of a smoke-free environment. The Minister made reference to a number of other changes, which we support.

The one other point that I will make—I think the Minister and his colleagues will agree with this—is that although this is a necessary set of changes for the hospitality industry, it is not sufficient. We continue to have deep concerns about what we see as the premature ending of the furlough for that industry and other sectors that are in difficulty. With that said, I urge the House to support these Lords amendments.

--- Later in debate ---

[Christopher Pincher]

I do not propose to detain the House any longer than simply to say thank you to you, Madam Deputy Speaker, and to right hon. and hon. Members across the House for their commitment to the Bill and their contributions to it. I wish it safe and swift passage to Royal Assent.

Lords amendment 1 agreed to.

Lords amendments 2 to 42 agreed to.

Deferred Divisions

Motion made, and Question put forthwith (Standing Order No. 41A(3)),

That, at this day’s sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the Motions in the name of Secretary Matt Hancock relating to Public Health; the Motion in the name of Secretary Dominic Raab relating to Sanctions; and the Motion in the name of Christopher Pincher relating to Town and Country Planning.—(David Duguid.)