Business and Planning Bill

Baroness McIntosh of Pickering Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[The Earl of Clancarty (CB) [V]]

My Lords, at this stage, I would like to suggest something which the Government might include in the guidance. I do not fully support Amendment 1, as is not about access but about erecting barriers, which is often unnecessary and counterproductive. It should be perfectly possible, as in other European cities, to do something as simple as mark the corners of the café’s territory with an object, such as a wooden tub of flowers, so that that territory is fixed in what I termed in Committee an open but rigid structure. In Committee, the noble Lord, Lord Adonis, correctly used the term “segregation” if barriers were installed, although I disagree with his inference. The problem with barriers is that those who have them imposed on them push back against them. They start to move, whereas fixed markers do not.

I appreciate that the reason for extending the café on to the street is to increase business at this time, but it should be done in a way that enhances the community. It is wrong that we insist, even before the local geography is assessed, that the café be cut off and isolated physically from everything else. The Government’s draft guidance only says that the use of barriers should be “considered” by local authorities. However, I notice that markers of the kind that I referred to are not listed in that guidance as a possible strategy. Will the Government consider this? I am not talking about permanent fixtures, just something solid enough to help determine the territory designated but able to be carried off the pavement at night and replaced in precisely the same position the following day.

[Baroness McIntosh of Pickering (Con)]

My Lords, it is a pleasure to follow the noble Earl. I declare an interest in having had the honour, I think in 2016, of chairing the ad hoc Select Committee on the review of the Licensing Act 2003. When my noble friend Lord Greenhalgh sums up this little debate, could he put our minds at rest that the measures in the government amendments in this group, tabled by my noble friend Lord Howe, will negate the need for the other amendments tabled? I think that will carry the House with him. Does he share my concern that the wide-ranging consultation proposed in Amendment 4, while well-meaning—normally I would be in favour of as wide a consultation as possible on any long-lasting modifications —would in this case negate the whole point of speedy measures, which are, of necessity, of a temporary nature?

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[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I very much welcome the amendment in the name of the noble Baroness, Lady Northover. I stress its cross-party nature and the support that it has from all around the House. Even this late stage, I ask the Minister to take this back and consider it further between Report and Third Reading. I was very proud of the actions of the Labour Government which led to the banning of smoking in public places. I worked with my noble friend Lord Faulkner and other noble Lords across the House in getting through the Lords the amendment that banned smoking in cars when children are present; we have a great history of working together in relation to measures against smoking. I do not see why, even at this late stage, we cannot do this again. With Covid-19, we know that many of the worst-affected have been those with cardiovascular or lung disease. Equally, Covid-19 has had a powerful impact on people taking up exercise programmes, fighting obesity and giving up smoking as a result; some 1 million people have done this during lockdown and there could be more.

This amendment, in whatever guise, could be helpful to many people. Far from having an adverse impact on business, smoke-free areas would be welcomed by most customers and would therefore bring in more trade; the noble Lord, Lord Balfe, surely had his finger right on the pulse in that. The measure is proportionate; the regime will apply only to licences on highways so not to pub, café or restaurant garden areas or pavement seating, where smoking is allowed. It also has support from local government. In addition, we need to think about the workers. The noble Lord, Lord Young, reminded us in Committee of the health risks to employees of passive smoking. Given the risks that those staff already carry, a duty of care is surely owed to them in respect of the risk from passive smoking.

My noble friend Lady Wilcox made a powerful speech, arguing that the decision should be left to the discretion of local authorities. I welcome the progress that my Front Bench has made on this. She also pointed to some technical deficiencies with the Bill. We have a way of clearing up technical deficiencies: either through a government amendment at Third Reading or, if the Government agree, by holding this over until a discussion can take place between all of us before we reach Third Reading. I hope that, even at this late stage, we can attempt to reach some form of consensus; I urge everybody concerned to do all they can to do so.

[Baroness McIntosh of Pickering]

My Lords, possibly the most surprising thing about Amendment 15 as drafted is that the signatories are predominantly Liberal Democrats; it is not a particularly libertarian policy that they have come up with. Also, it seeks to unravel the compromise reached when the smoking ban was introduced. What I regret most about Amendment 15 is that it does not recognise the heavy investment that pubs, bars and restaurants have made in the outdoor facilities that they hope to open more of. For that reason, I regret that I shall be unable to support Amendment 15.

I pay tribute to my noble friend Lord Howe, who, through my chairmanship of PASS, I know has spent a great deal of time with the hospitality industry; obviously, I have had dealings with the hospitality industry as well. It is keen to recognise—and I welcome—the compromise offered by the government Amendment 13: there will be a smoke-free seating element. Had Amendment 15 not been tabled, perhaps we would not have got to the position we are now in. I note that a number of noble Lords have expressed the wish that the Government should go further, but the beauty of Amendment 13 is that it has regard to the heavy challenges currently facing the hospitality and leisure sectors during the ongoing Covid crisis and the way they are seeking to reopen. I very much welcome the work that has gone into Amendment 13; I will be delighted to support it if we have to later this evening.

[Lord Rennard (LD) [V]]

My Lords, earlier today, the noble Lord, Lord Bethell, congratulated the million people who have given up smoking during the lockdown, permanently we hope, to protect their health. Sadly, the government amendments today fail to do enough to protect them and others, including staff and families with children, from the dangers of second-hand smoke, which does not respect social distancing rules. We do not want non-smokers to be encouraged to return to habits they have struggled to give up. The connection between the consumption of alcohol and the smell of tobacco smoke is well known as a significant problem for people trying to give up smoking. The cross-party Amendment 15 is about minimising that problem by making newly created pavement areas smoke-free.

As is to be expected, tobacco company representations on this issue are disingenuous and, sadly, their views are too close to what is set out in the government amendments this afternoon. Today’s letter from the noble Lord, Earl Howe, to Members of the House repeats a fallacy about the cross-party amendment. It wrongly suggests that, in the event of making new areas non-smoking, there would be confusion with existing outside areas which would not be subject to the new rules. There need be no such confusion. Existing outdoor areas will maintain their current designation and provision for smokers, while newly created areas should be clearly signposted as being smoke-free, with something placed on the tables instead of ashtrays. The distinction should be very clear.

The cross-party Amendment 15 is not about banning smoking outdoors. As the Minister’s letter says, existing outside areas would not be subject to the new rules and nor would other open spaces. The proposal for new areas outside pubs and restaurants to be smoke-free is in line with the present provisions banning smoking in areas such as railway station concourses, which often have many different cafés and restaurants within them. Making new outdoor seating areas smoke-free will make them more attractive to the 86% of adults who do not smoke, especially families who do not want their children exposed to greater risk of second-hand smoke. The avoidance of smoking will make these places more attractive to potential customers, which is why local authorities support Amendment 15.

Finally, this amendment does not go nearly as far as the Welsh Government are going. With Labour support today, this amendment will be carried. Perhaps the Government will agree to think again before Third Reading.

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[Lord Beith (LD)]

I would not normally intervene on a Bill when I had not taken part in its earlier stages, but noble Lords will know that my earlier absence was because of the illness and death of my wife, who contributed so much to this House and had friends in all parts of it.

I speak as a member of the Constitution Committee to underline its concerns about fast-track legislation and, to some extent, the way they have been dealt with as the Government have brought forward the amendments in this group. Fast-tracking tends to limit parliamentary scrutiny and discourage necessary amendment of Bills. It also tends to increase confusion about what is the law, what is guidance, what is advice and what is merely a proposal. During the whole of the coronavirus epidemic, this has been a besetting failure, leaving those who have to enforce the law uncertain as to what it is and is not. Fast-track legislation should not be drafted widely, loosely and without clarity.

These government amendments appropriately limit the worrying power to extend the time limits on what is supposed to be temporary legislation dealing with an emergency—admittedly one whose duration none of us can be certain about. Had we passed the Bill in its original form, we would be enacting sunset clauses in a land where the sun never sets—as people used to say about the British Empire—because they can be extended for no purpose connected to the coronavirus. This might have been challenged in the courts, but it would have been a long and complicated case.

The new drafting makes Parliament’s intention in allowing these powers of extension clear: it is to allow them only to the extent necessary to deal with the effects of the coronavirus. I note that the wording deals with the effects and not merely the virus itself; we are clearly talking about the economic consequences as well. I welcome the fact that the Government have brought these amendments forward, and they significantly improve the Bill.

[Baroness McIntosh of Pickering]

I am most grateful. It is a pleasure to see the noble Lord, Lord Beith, back in his place, and we mourn his loss. I recognise the contribution that his late wife, the noble Baroness, made to this House; she will be greatly missed.

The noble Lord, Lord Stevenson, and my noble friends have done a great service to the House with this group of amendments, which can only improve our understanding of the temporary nature of the legislation before us today. I do not wish to add anything further at this stage.

[Baroness Neville-Rolfe [V]]

My Lords, I associate myself with what my noble friend Lady McIntosh said about the noble Lord, Lord Beith, and his late wife. I have nothing to say on this amendment and am delighted with the amendments the Government have brought forward. I also associate myself with the comments made by the noble Lords, Lord Stevenson and Lord Beith.

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[Lord Balfe [V]]

I have one question for the Minister and one point to make. In the city I live in, there are a number of licensed premises near the centre of town for which the local authority has made the licence to sell alcohol cease at 10 pm. Will that still be permissible under the provisions here? I confess that I cannot work it out. It did it to stop people coming out of local pubs and doing what is known as preloading—in other words, getting alcohol from nearby off-licence premises and either trying to take it back into the pub or drinking outside the pub. Will licences earlier than 11 pm still be able to be imposed?

The second point is that the banning of glasses is really quite important. Anyone who has been to the accident and emergency department of Addenbrooke’s Hospital in Cambridge will know that scarcely a Saturday night goes by without some sort of incident that has involved alcohol and broken glass—a bottle, a mug or a glass. I am concerned about this and would like the Government to rehearse why they feel they cannot agree to what seems to be a quite reasonable amendment from the noble Lord, Lord Paddick.

[Baroness McIntosh of Pickering]

My Lords, I am most grateful to my noble friend the Minister for accommodating the concerns expressed, both at Second Reading and especially in Committee, with regard to the noise and nuisance associated with late-night drinking. I welcome the fact that the cut-off will be fixed at 11 pm. This allows bars and restaurants to adapt to these new temporary measures, given the challenge they face and the loss of trade they have suffered, but also recognises the rights of residents, who obviously want to have a good night’s rest and peace and quiet after 11 pm.

I have one question for my noble friend about Amendment 40 in the name of the noble Lord, Lord Paddick. I have some sympathy with what he is proposing, but currently if you walk home on a sunny evening you see the general spillover on to the pavement of regular bars. I assume these are glasses carried out from the bar on to the pavement, so I am not quite sure why we will have two rules—one that will apply to this temporary piece of legislation, while the permanent situation will carry on as normal. Perhaps we should look at what other countries do and learn from them. I have great difficulty in seeing how this would apply in practice.

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[Lord Stevenson of Balmacara [V]]

My Lords, I speak in support of Amendment 52. I very much hope that the Government welcome the spirit of what was said by the noble Baroness, Lady Neville-Rolfe, even if they cannot accept the amendment today—although I hope they can. There are a number of areas in public life where we urgently need a proper age-verification system that deals directly with what an individual can and, on occasion, cannot do. Gambling and access to legal pornography are two that come to mind, but access to alcohol, whether consumed on or off the premises, is under direct consideration today.

The noble Baroness, Lady Neville-Rolfe, spoke convincingly in Committee and again this evening on the benefits that a digital ID system would bring. This was echoed by the noble Lord, Lord Clement-Jones, who also explained what is happening in the digital marketplace. If, as the noble Baroness says, this boils down simply to putting ID cards, passports or driving licences on mobile phones, it is hard to see why the Government do not grab this initiative. It is already widely used, particularly for verifying age for knife sales.

There may be other work going on in the Home Office on digital ID, but I would be satisfied if the Government today confirmed that they are aware of the benefits of digital ID, supportive of the technology in principle and prepared to work with the industry to resolve any outstanding issues in the near future.

[Baroness McIntosh of Pickering]

My Lords, I too will address Amendment 52. I thank my noble friend Lady Neville-Rolfe for the interest she has shown in digital ID. I again declare my interest as chairman of the board of PASS, the Proof of Age Standards Scheme. I welcome the opportunity to again put on record my support for digital age verification. I am proud of the work PASS does; it has stood the test of time well in providing assurance through a set of national standards and an independent audit of physical proof-of-age cards. However, we are determined that PASS will not stand still. In an age when so many young people own a smartphone—according to Ofcom data in 2018, 95% of 16 to 24 year-olds own a smart- phone—it is only pragmatic for proof-of-age schemes to adapt to the technology most widely used by young adults.

That is precisely why PASS launched a consultation to seek views on its proposals to develop a set of standards to underpin digital proof of age. The PASS proposals will offer a seamless transition from physical to digital verification, continuing to support the many thousands of physical proof-of-age cards currently in use while mirroring those high standards for a new generation of digital proof of age. It will create a universal solution that will work in any number of outlets that sell or provide age-restricted products, as well as for alcohol licence holders. It will avoid additional costs for retailers and pubs, which are, as we all recognise, experiencing unprecedented challenge and change—that is why this Bill, and its measures to help businesses as the economy starts to reopen, are so welcome. It will allow for a level playing field of competition and choice for the new market of digital-age providers, where retailers and licence holders will not be reliant on a single supplier.

I do not believe that we want to prejudge the findings of the consultation: it closes this week, on 24 July, and the responses so far run into hundreds. However, there is support for the direction of travel set out by PASS from retail trade bodies, including the Association of Conveniences Stores, the National Federation of Retail Newsagents, the Retail of Alcohol Standards Group, and the Wine and Spirit Trade Association, and high-street supermarket brands, some of which are members of the British Retail Consortium. There is support within the hospitality sector, including from some well-known pub companies, and from the majority of card issuers, including CitizenCard and Young Scot. There is also support from the Age Verification Providers Association, which includes many of the new generation of tech companies, specialist in digital solutions, and the Government’s very own commissioned expert panel on age restrictions.

I pay tribute to the hard work and responsibility of the retail and hospitality industries over recent years. That we talk less today than in the past of the scourge of underage drinking and the dangers of age-restricted products is a great tribute to their hard work and responsibility. But let us not lose sight of the importance of preventing the sale of such products to minors; the protection of children from harm is a vital licensing objective. Regulation is important in managing risk, and accreditation against agreed and independently audited national standards is vital.

Business and Planning Bill

Baroness McIntosh of Pickering Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I take this opportunity to welcome the Bill and to congratulate my noble friend on his maiden Second Reading speech, which he made so eloquently. I declare an interest as chairman of the board of PASS, the Proof of Age Standards Scheme. We are also looking at the possibility of proof of age going forward digitally, which I think will have great scope within this Bill. While we can look at the proposals in more detail in Committee, this is a question of reaching a balance between the rights of businesses to operate and to recover from what has been a very difficult period and the rights of residents, which I would like to consider under three different aspects. I also want to refer to the report of the ad-hoc licensing committee; we looked at the Licensing Act 2003 and made a number of recommendations which I would like to consider in Committee.

Looking at the fast-track approach for cafés and bars and the opportunity to place chairs and tables on the pavements outside, I know that the 90% fall in consumption of food and drink has been felt keenly, and the knock-on effect on farming is worthy of note as well. When looking at outside spaces, in addition to pavements, will the noble Earl consider car parks and parking spaces where practicable? In terms of serving off-licence, I echo the concerns raised by other noble Lords about plastic being used rather than glass. Also, would he look at the issue of serving people who are already intoxicated and the recommendation that we came up with of having young people acting as volunteers, trying to encourage those of their own age not to drink any more when perhaps they are already slightly tipsy?

I realise that this is a temporary measure, but will the noble Earl confirm that there will be consultation on the guidance going forward, particularly as relates to construction, and that regard will be given to residents, particularly those working at home at this time who might find longer hours to be just one step too far?

Local authorities have asked for a number of issues to be taken into consideration—for one, the extra burden that is going to be placed on them. They request that clear and comprehensive guidance will be given and ask what regard will be given to the fees levied. I have a concern that the fees be appropriate and not disproportionate. They also ask that when the committees meet, they can now start meeting in physical or at least hybrid form, recognising the social distance. I hope that the Government agree.

When it comes to the wider reforms on planning, I hope that the noble Earl will look at some of the recommendations that the ad-hoc committee made, such as licensing committees being merged with planning committees, which has a lot to commend itself. The planning going forward, particularly as regards construction sites where it should be flexible, should be done on a site-by-site basis. Many of my other comments will be for the wider reforms or for Committee.

Queen’s Speech

Baroness McIntosh of Pickering Excerpts

Monday 14th October 2019 Lords Chamber

Moved by

[Baroness Anelay of St Johns]

That an humble Address be presented to Her Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”.

Leaving the European Union

Baroness McIntosh of Pickering Excerpts

Tuesday 26th February 2019 Lords Chamber

[Baroness Evans of Bowes Park]

As I have said, a series of votes will need to happen at that point. However, the Prime Minister has made it clear that she does not want to extend Article 50, but if the House of Commons votes to do so she would like the shortest possible extension.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend use her good offices to argue to the Prime Minister that we should be negotiating for observer status for a small group of MEPs to remain if the extension lasts beyond the end of June? It should not be required to last beyond that. We should not use as a barrier to that extension elections to the European Parliament. There is a category in applicant countries for MEPs to have observer status before they join. I would argue that we should have that status as we leave, so that we can keep a small group of MEPs in position, and that should not be used as an excuse not to continue with the extension.

[Baroness Evans of Bowes Park]

The Prime Minister’s focus over the next couple of weeks will be on achieving a deal that can get the support of MPs across the House of Commons, so that we can move on to focus on our future relationship and develop the strong partnership with the EU that we all want to see.

Privileges and Conduct Committee

Baroness McIntosh of Pickering Excerpts

Monday 17th December 2018 Lords Chamber

[The Senior Deputy Speaker]

Absolutely, it will be a comprehensive review. By the way, I give a general invitation to every Member here to write to us with their views on that. I look forward to an avalanche of comments in the next month or so. Looking at this issue, it will most definitely be a comprehensive review.

[Baroness McIntosh of Pickering (Con)]

Will the noble Lord explain whether other complaints presently on the table against Peers in this House will be determined according to the same rules as the report before the House today?

[The Senior Deputy Speaker]

I have no knowledge of any complaints against other Peers in this House. I make that clear.

I mentioned the noble and right reverend Lord, Lord Eames, who established a concept of personal honour. That concept is central to this debate. In elaborating on that, he mentioned words such as selflessness, accountability, integrity, openness, objectivity and honesty.

To conclude, we are dealing with two individuals who are both eminent and respected in their fields, as I said previously. As the noble and learned Lord, Lord Mackay, said on 15 November,

“the most severe burden that anyone has to carry is adjudicating upon the conduct of our fellow citizens”.—[Official Report, 15/11/18; col. 2017.]

I know from Members’ comments to me that they have found this painful and distressing on occasion. The Independent Commissioner for Standards, the sub- committee and the Committee for Privileges and Conduct carried out their difficult task dutifully. The commissioner, an experienced lawyer and investigator, as well as a mental health tribunal judge, carried out her task precisely as laid down by the code and the guide that the House designed and agreed to. Each Member signs up to the code and the guide at the start of each Parliament. We must remember that, unlike the House, the commissioner had the unique advantage of seeing, interviewing and assessing the complainant and Lord Lester.

This is the redacted material, which every Member was invited to read before the first meeting. No one took up that invitation. We reiterated the invitation and two individuals have taken it up. I know that one Member has contacted the office to say that they would like to take it up on Wednesday. I invite all other Members to come along after this if they wish to see this material, because it is detailed, comprehensive and fair to both parties. That invitation is open.

Brexit: Negotiations

Baroness McIntosh of Pickering Excerpts

Thursday 15th November 2018 Lords Chamber

[Baroness Evans of Bowes Park]

As the outline political declaration shows, we have reached consensus on key elements of our future internal security partnership—as I mentioned, on extradition, data exchange, fingerprints, DNA, vehicle records and passenger name records. On foreign, security and defence policy, we have agreed arrangements for consultation and co-operation on sanctions, participation in missions and operations, defence capability development and intelligence exchanges. As I said, now that we have agreed the withdrawal agreement, we will be able to get into the detail of the future relationship. Both sides are very clear that security is a key area in which we want to continue to have a very strong partnership.

[Baroness McIntosh of Pickering (Con)]

My Lords, the Minister has confirmed that, as of 29 March next year, the United Kingdom will leave the common agricultural and fisheries policies. As it stands today, there is a complete vacuum on what the policies of this country will be for agriculture and fisheries. Negative instruments are being proposed, and the Agriculture Bill is completely policy free. What timetable do the Minister and the Cabinet propose for putting before this House the five or six remaining Bills and the thousands of statutory instruments that have to be adopted before we leave?

[Baroness Evans of Bowes Park]

As my noble friend rightly says, we have an Agriculture Bill; a fisheries Bill will come soon. Legislation will continue to be put forward in the House, and we now move towards talking about our future partnership. But we will now also have the capability to decide our own agriculture and fisheries policies as we leave the EU.

Sexual Harassment in Parliament

Baroness McIntosh of Pickering Excerpts

Monday 30th October 2017 Lords Chamber

[Baroness Evans of Bowes Park]

I cannot go into the details of the investigation, but the Ministerial Code is clear that one of the things Ministers have an obligation to do is protect the integrity of public life, so we shall have to wait until the investigation concludes.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend explain what the relationship of the proposed new mediation service will be with the current HR provision? At the moment, any side, working for either the employer or employee—but particularly the employee, who is in a vulnerable position—can raise a grievance against their employer. How will this mediation service play into that existing system? What provision will be made against any potentially malicious allegations that may be brought on political grounds?

[Baroness Evans of Bowes Park]

The details of the interaction are obviously something we will need to look at, but we are absolutely clear that we do not want a confused system. It must be clear where people with specific allegations or concerns should go, and that will need to be looked at. My noble friend’s point links to that made earlier by my noble friend Lord Hailsham. We need a robust system that both sides feel does the job well and properly, so we can all be clear that the decisions made have the trust of everybody involved in the process.

European Council

Baroness McIntosh of Pickering Excerpts

Tuesday 14th March 2017 Lords Chamber

[Baroness Evans of Bowes Park]

The Scottish Government’s proposals have been considered in detail, including through the JMC process. In the last month, there have been a series of technical meetings on the content of the proposals. Officials in the Scottish Government have met UK specialists in trade, customs, the single market, law, devolution, and goods and services, so close working is going on.

[Baroness McIntosh of Pickering (Con)]

Does my noble friend agree that we currently have access to the widest free trade area through our membership of the European Union? Will she agree that it is extremely important to have transitional arrangements in place? If we lose access through the World Trade Organization, does she accept that, overnight, we will lose access to the free trade agreements negotiated by the EU? Will she use her good offices to ensure that we continue to have free trade access that we currently enjoy under transitional arrangements, until such time as a permanent agreement is agreed?

[Baroness Evans of Bowes Park]

We want to have reached an agreement about our future partnership by the time the two-year Article 50 process has been concluded. From that point onwards, we expect a phased process of implementation, in which both Britain and the EU institutions and member states prepare for the new arrangements that will exist between us.

Disabled Children: Tax Credit

Baroness McIntosh of Pickering Excerpts

Wednesday 30th November 2016 Lords Chamber

[Lord Young of Cookham]

I understand the problems of these 28,000 families, by definition with a disabled child and on low incomes, who have failed to get up to £5,000 a year. All I can say is that, if I were still in another place and one of those 28,000 families came to see me at my advice bureau, and I knew there was a legal problem, my advice to them would be to refer the matter to the Parliamentary Ombudsman.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that this is precisely the type of case for which the ombudsman was set up? I hope those who, like the Minister and myself, have served in the other place as Back-Bench MPs—although my noble friend has come to high office once again—will take note. This is just the type of case that any Back-Bench MP could present to the ombudsman, and I hope the Treasury—my noble friend has certainly shown himself to be a man of honour—will abide by the ruling of the ombudsman in such a case.

Infrastructure Improvements: Funding

Baroness McIntosh of Pickering Excerpts

Wednesday 23rd November 2016 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government, further to the National Infrastructure delivery plan 2016 to 2021, what assessment they have made of the ability of the private sector to part-fund infrastructure improvements.

[Baroness McIntosh of Pickering (Con)]

In referring to my interests on the register, I beg leave to ask the Question standing in my name on the Order Paper.

[Lord Young of Cookham (Con)]

My Lords, the private sector plays a vital role in the financing and delivery of our infrastructure. The private sector will deliver around half of the projects due to complete in the next five years. The Government will continue to create the right environment to encourage private investment.

[Baroness McIntosh of Pickering]

Given the 2% increase in the insurance premium tax and the major housebuilding programme announced today, will my noble friend commit not to build any houses in inappropriate places, such as flood plains, but to undertake a major sustainable drainage building programme and invite more money from the private sector to fund flood defences, in particular the insurance sector and pension funds?

[Lord Young of Cookham]

My noble friend has asked three questions. On building on flood plains, whether planning consent is given for a particular development is a matter for local planning authorities, but my noble friend will be aware of the National Planning Policy Framework, which—I paraphrase—basically discourages development in inappropriate areas and encourages development away from areas at high risk of flooding. On drainage schemes, the Government have committed £2.5 billion of investment between now and 2021, and I believe that the Chancellor announced a further increase in the Autumn Statement a few moments ago. Finally, on private finance, the Environment Agency and local authorities can bid for private finance for schemes that are outwith the public sector scheme and, subject to value for money, they have a good chance of succeeding. There is a new partnering scheme whereby local communities and landowners can bid for funds alongside Defra and make progress with schemes which would not be able to go ahead if they were solely dependent on public finance.