United Kingdom Internal Market Bill

Debate between Lord Carlile of Berriew and Baroness McIntosh of Pickering

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 18th November 2020 Lords Chamber

[Lord Carlile of Berriew (CB) [V]]

My Lords, it is a pleasure to follow the speeches by the noble Baronesses, Lady Andrews and Lady Meacher, who have spoken with such cogency. I agree with them.

My name appears on Amendments 2, 7, 12, 17, 31 and 42 for two reasons. The first is that I was there at the beginning of devolution in Wales and have watched it develop in ways that were described earlier this afternoon by other noble Lords. It has been successful; it has brought the people of Wales much closer to government and resulted in faster decision-making than we ever had in the old days when the nearest we had to devolution, when I was a Member of another place, was the Welsh Grand Committee.

The second reason why I speak in favour of these amendments is a more general one. I have watched with surprise, and sometimes despair, the galloping tendency of government—and it has been successive Governments—to take more executive power through secondary legislation. Henry VIII must be very surprised, if he is aware of it at all, that his powers are being asked for so frequently and when they are not necessary.

I want to focus on Amendment 7 for I, like the noble Baronesses who have just spoken, welcome the addition of the name of the noble Lord, Lord Callanan, to Amendment 2. That is truly welcome. When I first saw it, I thought it showed a thorough recognition of the issues at stake because it is a significant concession. All that we are asking on this side of the debate is consistency with regard to the non-discrimination principle. That principle is of as fundamental importance as the mutual recognition principle for markets to which the noble Lord, Lord Callanan, has signed up in Amendment 2. They are plainly legislative siblings—indeed, they are almost identical twins—since they have a great deal of political and legislative DNA in common. Certainly they are equally important, and they are of equal moment in the devolved parts of the UK. I therefore feel bound to say that I am bemused by the lack of logic displayed by the Government’s failure to agree to Amendment 7 having agreed to Amendment 2.

I was talking earlier about the way in which devolution has worked. I can put that point very simply. These days in Wales, about which I know more than Scotland, legislative changes are brought about in real time as decisions become necessary. They are not always right—legislative changes are never always right—but at least there is an understanding by the public, those involved in politics in Wales and public servants in Wales that it is possible to make change. By that process, one has given a new self-respect regarding the way in which Wales is governed to elected Members, public officials and those who elect the elected Members.

What is still in Clause 6, the requirement for consultation without consent, is, unfortunately, a fig-leaf. It does not provide any reality to the role of Wales—on which I speak particularly—in this process because it can be overridden. Yes, reasons have to be given, but it is not very difficult to construct reasons. It relegates the devolved regions to a negligible role on matters directly affecting their interests. If it were necessary to do that, if that relegation could truly be demonstrated intellectually and logically as necessary, then I would be willing to support it, but I see no such explanation. Allowing executive powers in this way goes far beyond what is necessary.

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

My Lords, I am delighted to follow the noble Lord, Lord Carlile of Berriew. I congratulate the noble Baroness, Lady Andrews, and other noble Lords on tabling these amendments. I thank my noble friend Lord Callanan for supporting Amendment 2 and, in particular, for adopting government Amendment 35 as his own. I thank the Law Society of Scotland for its help, both in briefing me and in helping me to draft an earlier form of this amendment. I want to single out for praise Michael Clancy, whom I have known for many years. He works tirelessly on behalf of the Law Society of Scotland, and Scotland more broadly, to ensure that both Houses of Parliament and other sectors of Scotland are in tune with the constitutional implications of their thinking. I also thank my noble friend Lord Callanan for tabling government Amendments 29 and 47. They are inclusive in reaching out to consult the devolved Administrations.

Amendment 2 lays to rest the dangers of many of the original provisions in this Bill—particularly in relation to secondary legislation and Henry VIII powers— that did not find favour with your Lordships’ House. I remind the House of my interest as a non-practising member of the Faculty of Advocates. I shall pursue a similar line of thought to that expressed by the noble Baroness, Lady Andrews, in moving Amendment 2. I welcome government Amendments 29, 35 and 47, but perhaps we need to persuade the Government to move similarly further in other parts of the Bill. I shall seek to do so when the time comes. I congratulate my noble friends Lord Callanan and Lord True on their letter and thank them for listening to our concerns.

Business and Planning Bill

Debate between Lord Carlile of Berriew and Baroness McIntosh of Pickering

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

[Lord Carlile of Berriew (CB) [V]]

My Lords, it is always a pleasure to follow the noble Baroness, Lady Neville-Rolfe. Like her, I absolutely recognise the economic imperatives behind the Bill, including this part of it. In your Lordships’ House we have excellent spokespeople for disabled people and real expertise, ranging from a colleague with enormous Olympic achievements to the noble Lord, Lord Blencathra, who I congratulate on his admirable—if uncharacteristic—feat of pedantry in this debate, showing the absurdity of some of the rules. I support the notion that there should be the best possible uniform standard for enabling disabled people to negotiate our streets and built environment, even when economic imperatives lead to the opening up of those streets for eating, drinking and café society.

I will add a comment on Amendments 6, 7 and 8. There are good reasons for planning restrictions, and we do not want to see our built environment damaged significantly as a result of the economic imperatives that we are following. In particular, we need to protect the peace of places where people live and not see them turned into drinking streets because they happen to have a couple of pubs in the vicinity. I therefore support the requirement set out in Amendments 6, 7 and 8 for a proper consultation period.

Because of the internet, everybody knows that it is necessary at the current time to curtail some of the more officious parts of planning law, I would regard 14 days, rather than a week, as a reasonable period. However, it is important for such applications to be screened on the internet by local authorities, which can do it very easily, and for people to be given a meaningful number of days in which to make their representation. That would enable local authorities to make a quick assessment of the level of objections, if there were any, and to make an empirical judgment, rather than reacting only to the economic imperatives. I will keep back some of the things I want to say on similar issues to the debate on the next group of amendments.

[Baroness McIntosh of Pickering [V]]

My Lords, I congratulate the noble Lords, Lord Holmes, Lord Blencathra and Lord Cormack, on their amendments. This is a difficult area. On the one hand, we want to proceed quickly as these are temporary measures and we want to make good and recoup some of the losses that the hospitality industry has suffered. On the other, we want to allow access for those who are visually or otherwise impaired, or who are wheelchair users. When he sums up on this group of amendments, will my noble friend clarify how the Government imagine that the guidelines will be fit for purpose in this regard? Although I can see that there is an argument for consultation, does my noble friend not agree that that could potentially delay the coming into force of these arrangements?

I bow to the good will and common sense of the restauranteurs and bar owners who will seek to use a pavement area only if it is physically safe for the category that falls within the remit of these amendments. It is up to them, working with the environmental health officers and the police, to make sure that these provisions are enforceable.