Infrastructure Bill [Lords]

Baroness Laing of Elderslie Excerpts

Monday 26th January 2015 Commons Chamber

I turn now to new clause 12 on the role of the Planning Inspectorate. I should say at the outset—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I hesitate to interrupt the Minister and I appreciate that he has taken a great many interventions because many Members wished to ask questions and make points, but he has also taken up a very large chunk of this fairly short debate and I am conscious that many Members wish to speak. I trust, therefore, that as he turns to what is only the third new clause in the group, he will not have to address all 16 amendments.

[Stephen Williams]

Madam Deputy Speaker, your colleague Mr Deputy Speaker was in the Chair when I introduced my remarks. I assure you that I said very clearly that although this group of amendments raised a whole range of issues, including protection for the European beaver, I was not going to address every single one of them but would stick to the main ones. First, however, I should draw the House’s attention to the fact although it is not in the Register of Members’ Financial Interests, I should state as a ministerial interest that the Planning Inspectorate is based in Bristol West.

My right hon. Friend the Member for Arundel and South Downs (Nick Herbert) tabled new clause 12, which proposes that the Planning Inspectorate should be abolished and its functions carried out directly by the Secretary of State for Communities and Local Government. Planning law requires the Secretary of State to appoint an independent person to carry out appeals and plan examinations. The Planning Inspectorate carries out this function for the Secretary of State. Consistently, two thirds of all appeals support the council’s decision; only 1% of all planning applications nationally are overturned by appeal. The inspector’s role is to undertake an independent examination or appeal on behalf of the Secretary of State. We believe that, in the vast majority of cases, this role is carried out to the highest standards. We are always happy to discuss informally better ways of ensuring that our planning policy is fully understood by inspectors and councils alike.

--- Later in debate ---

[Stephen Williams]

In case I cannot respond on that point later, I can say that it is definitely our intention that on-site requirements should come up to code level 4, and that those for allowable solutions should come up to code level 5. On sites and exemptions, we are obviously looking at the consultation. The number of units will be one factor, but we might look at company size and square meterage—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. We have had a great many interventions in this debate. I appreciate that the shadow Minister has had only a moderately long time in which to speak and that she has a lot to say. However, I must now appeal to all Members: we have 21 minutes left and a great many matters to discuss, so they must all speak quickly. If everybody proceeds with no repetition, hesitation or deviation, everyone will get to speak.

[Roberta Blackman-Woods]

It would be helpful if the Minister put some of those reassurances in writing.

Finally, as we know, the Government tried to rush through a poorly drafted reform of the electronic communications code, without adequate parliamentary scrutiny, as part of an uncosted deal with mobile phone operators that could lose the taxpayer £1 billion. It is good that the Government have listened to Labour, and that they have made a U-turn and are going back to the drawing board, but their incompetent failure to reform the code now puts the whole deal in doubt.

Reforming the code that governs the agreements between mobile phone operators and landowners is important for the expansion of mobile telephone access, and the Government need to get it right. We welcome the move to withdraw from the Bill the clause and schedules on the electronic communications code, and we are glad that the Government listened to us and to various organisations. We hope that they will now take the time to renew and update the code properly.

I will leave it there, Madam Deputy Speaker.

--- Later in debate ---

[Mr Hayes]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Government new clause 17—Route strategies.

Government new clause 18—Periodic reports by the Secretary of State.

New clause 5—Cycling and Walking Investment Strategy—

‘(1) The Secretary of State may at any time—

(a) set a Cycling and Walking Investment Strategy; or

(b) vary a Strategy which has already been set.

(2) A Cycling and Walking Investment Strategy is to relate to such period as the Secretary of State considers appropriate but must be reviewed as least every five years.

(3) A Cycling and Walking Investment Strategy must specify—

(a) the objectives to be achieved during the period to which it relates; and

(b) the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives.

(4) The objectives to be achieved may include—

(a) activities to be performed;

(b) results to be achieved; and

(c) standards to be met.

(5) The Secretary of State must comply with the Cycling and Walking Investment Strategy and shall be responsible for updating Parliament annually on his compliance with it.

(6) If a Cycling and Walking Investment Strategy is not currently in place, the Secretary of State must—

(a) lay before Parliament a report explaining why a Strategy has not been set; and

(b) set a Cycling and Walking Investment Strategy as soon as may be reasonably practicable.

(7) Schedule (Cycling and Walking Investment Strategy: Procedure] (which contains provision about the procedure for setting or varying a Cycling and Walking Investment Strategy) has effect.”

Amendment 4, page 1, line 4, leave out clauses 1 and 2.

Amendment 5, in clause 3, page 2, line 40, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 6, page 3, line 4, leave out “company” and insert “Highways Agency”.

Amendment 43, page 3, line 7, at end insert—

“(c) the anticipated impact of the Roads Investment Strategy upon the condition and development of the local roads network;

(d) the anticipated impact of the Roads Investment Strategy upon the provision of local transport, including increasing walking and cycling;

(e) the anticipated impact of the Roads Investment Strategy on links with other nationally and regionally significant transport and infrastructure projects, including ports and airports, and;

(f) the anticipated impact of the Roads Investment Strategy on the growth plans of city regions and sub-regional bodies.”

Amendment 7, page 3, line 16, leave out “company” and insert “Highways Agency”.

Amendment 8, page 3, line 18, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 10, in clause 4, page 3, line 27, leave out “A strategic highways company” and insert “The Highways Agency”.

Amendment 11, page 3, line 32, leave out “A strategic highways company” and insert “The Highways Agency”.

Amendment 70, page 3, line 34, leave out “the environment, and” and insert

“air quality and other aspects of the environment, and”.

The Amendment would add an explicit obligation on the Strategic Highways Company to address air quality, as recommended by the Sixth Report from the Environmental Audit Committee, Action on Air Quality, HC 212, paragraph 61.

Amendment 12, page 3, line 36, leave out clauses 5 to 7.

Amendment 13, in clause 8, page 5, line 34, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 14, page 5, line 38, leave out “a strategic highways company’s” and insert “the Highways Agency’s”.

Amendment 15, page 5, line 42, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 16, in clause 9, page 6, line 22, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 17, page 6, line 26, leave out “a strategic highways company” and insert “the Highways Agency”.

Government amendment 112.

Amendment 18, page 6, line 29, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 19, page 6, line 35, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 20, page 6, line 37, leave out “company” and insert “Highways Agency”.

Amendment 21, page 6, line 39, leave out “strategic highways company” and insert “Highways Agency”.

Government amendments 113 and 114.

Amendment 22, in clause 10, page 7, line 2, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 23, page 7, line 8, leave out “company” and insert “Highways Agency”.

Amendment 24, page 7, line 9, leave out “company” and insert “Highways Agency”.

Amendment 25, page 7, line 10, leave out “company” and insert “Highways Agency”.

Amendment 26, in clause 11, page 7, line 16, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 27, page 7, line 20, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 28, page 7, line 22, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 29, page 8, line 2, leave out clauses 13 and 14.

Amendment 30, in clause 15, page 9, line 32, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 31, page 10, line 10, leave out clause 16.

Government amendments 94 and 101.

New schedule 1—“Schedule

Cycling and Walking Infrastructure Strategy: Procedure

1 This Schedule specifies the procedure by which a Cycling and Walking Investment Strategy is set or varied.

2 The proposals in a Cycling and Walking Investment Strategy must include details of—

(a) the objectives to be achieved, including but not limited to—

(i) increasing the share of travel that is walked and cycled;

(ii) increasing the proportion of the population that regularly walks or cycles; and

(iii) improving actual and perceived safety of walking and cycling.

(b) the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives; and

(c) the period to which the proposals relate.

3 Publication of the Cycling and Walking Strategy may be in such manner as the Secretary of State considers appropriate.

4 The Secretary of State may only publish or vary a Cycling and Walking Investment Strategy if the Secretary of State has consulted on the proposals with such persons as the Secretary of State considers appropriate.

5 In performing functions under this Schedule, the Secretary of State must have regard to the desirability of maintaining certainty and stability in respect of Cycling and Walking Investment Strategies.”

Amendment 32, page 60, line 2, leave out schedule 1.

Amendment 33, in schedule 2, page 87, line 11, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 34, page 87, line 19, leave out “company” and insert “Highways Agency”.

Amendment 35, page 87, line 20, leave out “company” and insert “Highways Agency”.

Amendment 36, page 87, line 22, leave out “company” and insert “Highways Agency”.

Amendment 37, page 87, line 27, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 38, page 88, line 4, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 39, page 88, line 7, leave out “company” and insert “Highways Agency”.

Amendment 40, page 88, line 10, leave out “company” and insert “Highways Agency”.

Amendment 41, page 88, line 22, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 42, page 88, line 25, leave out schedule 3.

Amendment 127, in schedule 3, page 89, line 8, at end insert—

‘(2A) The transfer scheme may make consequential, supplementary, incidental or transitional provision and may, if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.”

Amendment 76, page 92, line 5, at end insert—

“(d) that person is protected by the conditions set out in the Transfer of Undertakings (Protection of Employment) Regulations 2006.”

Government amendment 115.

Amendment 77, page 92, line 5, at end insert—

‘(1A) The Transfer of Undertakings (Protection of Employment) Regulations 2006 apply to the transfer of a relevant undertaking either.

(a) to a different company appointed as a highway authority under section 1 of this Act, or

(b) to any other equivalent public sector body established to undertake general duties of a strategic highways company.”

Government amendment 116.

[Mr Hayes]

I rise with some enthusiasm because, as the House knows, cycling has moved up a gear as a result of this Government. New clause 13 reflects the Government’s commitment to cycling and walking, and making these the natural choice for shorter journeys. The cycling fraternity has responded already. No less a personage than Chris Boardman described this proposal as representing

“a massive shift in thinking and, most importantly, commitment.”

He went on to say:

“It brings us one step closer to realising our vision for a cycling nation . . . Everyone who rides a bike should see this as the start of something really exciting.”

Government have to take difficult decisions, and not everything we do is universally popular, but when one gets such acclamation, one has to—I will not say milk it; that would be wrong—draw it to the attention of the House in a measured and humble way, which is what I intend to do in this short debate about cycling.

This is certainly an exciting move forward. Since 2010, the Government’s spending on cycling overall has more than doubled compared with the last four years of the previous Administration, with £374 million committed between 2011 and 2015. The Minister responsible for cycling—I do not count that among my encyclopaedic list of responsibilities—is the Under-Secretary of State for Transport, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill). He has been a champion of this and should be recognised for his efforts and dedication in listening to the issues raised by cycling groups and responding to them.