Levelling-up and Regeneration Bill

Baroness Hayman of Ullock Excerpts

Committee stage
Wednesday 22nd March 2023 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I am grateful. The problem has a wider resonance than the Malvern Hills Trust, although that is important. Coterminosity of local government and parliamentary boundaries is important, as is coterminosity of local government and National Health Service boundaries and, in this case, of the integrated care boards. If the Minister has any influence in other government departments, I ask her to impress on them the significance of residents who may be split between integrated care boards, like residents where I live in the Kirklees district of West Yorkshire, who are now being moved into a new Wakefield parliamentary constituency. This creates more problems than we sometimes recognise. Coterminosity and looking at the local implications of the lines we draw on a map are important and ought to be done only following detailed consultation with local people.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Baroness for bringing this to our attention. As she knows, I know the Malvern Hills area very well; it is beautiful. It is important that the Boundary Commission respects local boundaries and allows organisations such as the Malvern Hills Trust to operate as they are intended.

Does the Minister agree that one problem we have at the moment is that the Boundary Commission cannot carry out interim or minor reviews, as it simply does not have the resources to do so? That means that any kind of review could take up to 20 years to look at a problem or something that is not ideal, which is clearly not an ideal situation. Perhaps the department could look into this.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, Amendments 178C and 509ZA, tabled by the noble Baroness, Lady Stuart of Edgbaston, seek to enable any statutory body to amend by order its constitutional arrangements consequential on an electoral changes order made under Part 3 of the Local Democracy, Economic Development and Construction Act 2009. That legislation enables the Local Government Boundary Commission for England to implement by order recommendations for changes to an area’s electoral arrangements.

I am aware of the specific case at the moment where such a statutory body, the Malvern Hills Trust, considers that the new warding arrangements established by an electoral review order in respect of Malvern Hills District Council is incompatible with its constitutional and governance arrangements as provided for in several private Acts dating back to 1884. It is understandably concerned that such changes might raise questions about the ongoing legality of its constitutional and governance arrangements, and it wishes for something that it can address itself in a timely way.

I fully understand why the Malvern Hills Trust might wish to be granted powers to alter the constitutional or governance arrangements to ensure that they remain lawful and relevant to changing circumstances. However, I regret that we cannot support the amendments to the Bill. While they have the intention to resolve a specific local constitutional issue, the amendments are of general application to any statutory body affected by an electoral review carried out under Part 3 of the 2009 Act. In a practical sense, it is difficult for us to estimate how many bodies may be affected and wish to pass orders of this sort, or the impact on parliamentary time in dealing with them.

As drafted, the amendments would allow for secondary legislation to make amendments to primary legislation using the negative resolution procedure—the lower level of parliamentary scrutiny—and we do not think that this is appropriate. If the amendments were redrafted so that the orders were subject to the affirmative procedure, the potential would remain for significant impact on parliamentary business and on getting vital government business done.

More fundamentally, we cannot accept that it is right or prudent for the Bill to contain provision to allow for non-governmental bodies to be able to make orders that would amend primary legislation, as is the intention of the amendments. That must rightly be the role of government Ministers, except in exceptional circumstances, as with the Local Government Boundary Commission for England.

The commission is a parliamentary body accountable to the Speaker’s Committee. Such powers are appropriate in the case of the commission, given its status and vital independent role in ensuring fairness and confidence in the local government electoral system. Even if the scope of the amendment were narrowed so that any order could be made only by the Secretary of State, I am afraid that we could not accept it. While I understand that the purpose is to have a provision of general application, the concept used of the statutory body seems to be unclear. For example, does the definition of a statutory body include a local authority? On the face of it, this seems to be the case. If this is so, introducing this new provision would potentially create—

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Debate on whether Clause 79 should stand part of the Bill.

[Baroness Hayman of Ullock (Lab)]

My Lords, my amendment would remove Clause 79 from the Bill, and my noble friend Lady Taylor of Stevenage has given notice of her intention to oppose Clause 81 standing part of the Bill. We have also a further amendment in this group. Clause 79 concerns the power in relation to the provision of planning data, while Clause 81 concerns the power to require the use of approved planning data software in England. After Clause 83, my noble friend Lady Taylor of Stevenage’s Amendment 182 would insert the following:

“The Secretary of State may only make planning data regulations which contain provision relating to local authorities after consulting with local authorities.”

We oppose these clauses standing part of the Bill and have laid an amendment to Clause 83 because local authorities should be able to decide what planning data software they use. Also, local planning authorities that have already purchased software and tools may well find in future that what they have purchased is no longer approved for use, meaning that their investment has been made redundant and they have spent money they can probably ill afford to spend again. Will the Minister ask the department to look at this again in the light of local authorities’ concerns, particularly from that financial perspective?

Clause 81 permits the use of regulations to restrict or prohibit relevant planning authorities using software not approved by the Secretary of State, as I just talked about. The other concern is the unnecessary level of bureaucracy. This also risks reducing competition in the market, and I would be surprised if that is the Government’s intention. What is the Government’s intention behind this clause?

The Local Government Association supports our position and has confirmed that local authorities would of course need to ensure that their planning data software allows them to meet any new data standard requirements. It is also right that, where new regulations relating to local authorities are introduced, it should be done only following proper consultation with local authorities that will clearly be affected by this clause. This will help to ensure that the regulations are fit for purpose and that any new burdens are identified and properly addressed, and to avoid any unintended consequences during implementation. Do the Government intend to carry out any consultation before implementation? Have they already spoken to local authorities about this? If so, what was the response?

We appreciate that the Government are bound by public procurement rules. I spent much time on the then Procurement Bill as it went through this House, so I am aware that within the general procurement framework there is a specific set of rules and handbooks for technology procurement.

However, we believe that the powers in Clause 81 are just too expansive. They enable Ministers by regulation to restrict or prevent the use or creation of software that is used by planning authorities to process the planning data. Further checks should be put in place on their usage, and I will be interested to hear the Minister’s response in that regard.

The noble Duke, the Duke of Montrose, has an amendment to Clause 23 which would require the Secretary of State to publish the results of a consultation and give reasons for any decision reached. We strongly support that amendment. It is an important consideration and consultation should be part of any decision-making in this area. I beg to move.

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[Earl Howe (Con)]

We believe the problem to be quite considerable. I do not have statistics in front of me, but I will undertake to consult the department and see whether I can put some flesh on these bones, if the noble Baroness and others would find that helpful.

[Baroness Hayman of Ullock (Lab)]

On that point, it would be incredibly useful to have some sort of evidence base for us to consider. Can the Minister ask the department for that?

[Earl Howe (Con)]

Yes. These clauses have not just been dreamed up out of the blue.

[Baroness Hayman of Ullock (Lab)]

I am sure that they have not.

[Earl Howe (Con)]

We have received representations from a number of local authorities on the difficulties that they encounter and the sheer time that it takes to process information that does not conform to their systems.

As I was about to say, where the provider of information has a reasonable excuse, information cannot be refused. Planning authorities will be under a duty to accept and fully consider this information, so those with a reasonable excuse are not disadvantaged. Where information is initially refused by a planning authority, the clause provides the discretion to accept a compliant resubmission.

In summary, this clause will ensure that, by default, information received will be usable for all of the purposes to which planning authorities need it to be put. This will make the system more efficient, enabling planning authorities to work faster and focus on planning rather than data entry. That is the main point.

I turn next to Clause 81. Outdated and expensive software is one of the barriers that local authorities face to achieving more efficient ways of working in the planning process. Systems do not work with one another, forcing manual re-entry of information while locking that information away in formats that are not reusable. Clause 81 is essential for ensuring that planning authorities can benefit from the changes in this chapter through being supported by the right software, which can process standardised data.

The intent behind Clause 81 is to ensure the provision of software that is compatible with planning data requirements, so software approval requirements will follow on from the development of data standards set under Clause 78.

Our intention is to focus on exploring software that enables better availability of information and unlocks the ability to produce better tools for planning authorities. It is therefore not our intention to require the approval of all planning data software. We will continue working with planning authorities and the technology sector to determine when and where the use of this power will most benefit the planning system. In summary, this clause is essential for delivering effective, high-quality systems which the public rightly expect of government at all levels. I commend it to the Committee.

Amendment 181, in the name of my noble friend the Duke of Montrose, relates to Clause 83, as he explained, and aims to make public the result of engagement between the UK Government and devolved Administrations. I need first to explain how this amendment impacts on the planning data section of the Bill. It is important to understand what is in scope of Clause 83 in relation to the devolved Administrations.

As it stands, the only matters within devolved competence that planning data regulations could apply to would be Part 6 of the Bill, on environmental outcomes reports, or EORs. As such, provisions relating to consultation with the devolved Administrations must be read alongside the wider EOR clauses.

As set out in Committee in the other place, the Government are continuing to work with the devolved Administrations to understand whether there is scope to extend the EOR powers to provide a shared framework of powers across the UK. Once those discussions have concluded, the Government will bring forward any necessary amendments to both Part 6 and Part 3 to reflect the agreed position between the UK Government and the devolved Administrations. I reassure my noble friend and noble Lords that, in bringing forward the new system of environmental outcomes reports, the Government are committed to respecting the devolution settlements.

In answer to my noble friend Lady McIntosh of Pickering, our discussions at this stage are with the devolved Administrations rather than with, for example, the Scottish Parliament. I hope noble Lords will agree that we should not be required to make public the results of confidential policy discussions between the UK Government and the devolved Administrations. For all these reasons, I hope that my noble friend will accept that his amendment is unnecessary.

Amendment 182, in the name of the noble Baroness, Lady Taylor of Stevenage, seeks to ensure that the Secretary of State has consulted local authorities before establishing planning data regulations. Local authorities’ input on the new data requirements is of course important as we look to transition from a largely document-based planning system to one that is data-driven.

However, I reassure noble Lords that the intention of this amendment has already been built into the approach that the department has taken to design and test the new planning data requirements. As I have emphasised, the Government’s policy aim through planning data regulations is to create consistency on a national level. This includes the way local authorities process and publish planning data and will ensure that they are supported by suitable software to meet the new requirements.

Since 2019, we have been working with local authorities to test potential new requirements, such as data standards. This has provided valuable insights on the views of local authorities and the support that they will require to implement the new data requirements. We will continue this collaborative approach to establish planning data regulations.

Local authorities are the experts in the needs of their local areas, and these local views will form the basis of our national strategy around planning data, which these regulations will establish. We will continue to work collaboratively with local authorities, through running pilots and pathfinder projects, to gather our insights and design the new requirements.

I will bring another point to noble Lords’ attention. Planning data regulations under Clauses 78 and 80 will concern the form of planning data to be processed and published by local authorities. The planning information that these regulations will address will already be part of the planning system.

Given the collaborative approach that we are already taking to design the new requirements that will inform planning data regulations, I hope that I have been able to reassure the noble Baroness that local authorities’ views have been, and will continue to be, central to any planning data regulations that will be brought forward.

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[Earl Howe (Con)]

I can only supplement what the Bill says by saying that we do not intend to introduce any requirement for approval without the appropriate exploratory work and engagement with local authorities.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank everyone who has taken part in the debate. I thank the Minister for his customarily very detailed and helpful response. We talked briefly about the evidence base behind these clauses. It would be helpful, as he suggested, to have that provided. It would also be useful to know how up to date the information in that evidence base is.

Regarding Clause 81, will the Government support the changes they are proposing to local authorities to update their software with the resources to enable them to do so? It is pretty expensive, and we know that local authorities are not exactly flush at the moment. It will be important for there to be proper funding and resources for local authorities that need to change their software.

It was good to have the further clarification that the Minister gave to the noble Lord, Lord Scriven, just now that the Secretary of State would not have to approve all software. The Minister said that this is the intention. Unfortunately, as has just been said, that intention is not clear at all in the wording. I suggest that he mentions to his department and to officials that the wording, both in the Bill and in the Explanatory Notes, could perhaps be revisited to make that really clear, because many local authorities are worrying a lot about the implications of that wording. Perhaps a slight change might resolve some of the concerns.

Finally, my noble friend Lady Wilcox has now left, but she asked me to point out very politely to noble Lords that, in May 2020, the Welsh Assembly became the Senedd and they are now the Welsh Government.

[Earl Howe (Con)]

Through the noble Baroness, Lady Hayman, I apologise for any misspeak that I may have committed. I also take on board the points she just made about costs in particular.