Neighbourhood Planning Bill

Lord Dear Excerpts

Committee: 4th sitting (Hansard): House of Lords
Wednesday 8th February 2017 Grand Committee

Relevant document: 15th Report from the Delegated Powers Committee

[The Deputy Chairman of Committees (Lord Dear) (CB)]

My Lords, if there is a Division in the Chamber while we are sitting, the Committee will adjourn as soon as the Division Bells are rung, and resume after 10 minutes.

Amendment 60

Moved by

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[The Deputy Chairman of Committees]

I must advise your Lordships that if Amendment 60 is agreed I cannot call Amendment 61 by reason of pre-emption.

[Lord Cameron of Dillington (CB)]

My Lords, I come at this from a rural angle. In most cases a village or market town pub is an essential part of its community. We do not have many social venues or centres for leisure activities in the countryside; there are very few cinemas or discos, and in most places even restaurants and the like are quite rare. So, all too often the pub is the only hub where all those over 18—and even those who are younger, if they come with their families—can mix and socialise, and generally create the social cohesion that is the vital glue for any community. It is often in the pub that friendships and relationships are formed between young and old, rich and poor, that have such beneficial effects outside of it. People get together after a discussion in the pub to improve their community by, for example, painting the village hall or mowing the village green. And when old Mr Jones is sick or needs a lift to town, he can call on friends of all ages, who he has probably only met in the pub, to help him. As I say, the pub is all too often the only hub.

As I am sure your Lordships know, Pub is the Hub was a movement started at around the turn of the century to encourage publicans and their pubs to branch out and become more than just an outlet for beer, alcohol and food. As a result of this initiative, many entrepreneurial pub landlords started to provide other services to their communities, including morning coffees, internet cafes, office services such as photocopying, et cetera, and their pubs even became part-time village shops and post offices. These added services helped many pubs to survive where otherwise they might not have done so. The point is that when a pub is becoming run down and underused, it is often not because it is inherently a dying asset. All too often, it just needs a new, vibrant, energetic, imaginative, entrepreneurial and, probably, charming landlord, under whom it would suddenly flourish Sometimes planners, and others, cannot see that but it really can happen in the most unlikely venues. Pubs can flourish in the most unprepossessing buildings in the remotest of spots just because they provide a unique service that attracts customers from a variety of backgrounds and distances. I could probably take noble Lords to a few—provided they buy the first round, of course.

I know that the Minister will say that villagers can always apply to have their pub registered as an asset of community value. But—apart from all the expense and complications that the noble Lord, Lord Kennedy, highlighted—what average rural villager thinks in advance like that? For them, the pub is there; it has always been there, and, of course, it always will be. But then suddenly, a brewery or an ageing landlord decides to cash in on the high price of houses—as opposed to their currently non-profitable pub—and, often, it is too late for villagers to do anything: a vital asset is gone, and almost certainly for ever. This is because, in the same way that nowadays you can never get permission to open a village blacksmith, it is quite unlikely that you could overcome the unnecessary fears of neighbours if you proposed to have a new pub in your village. Only the existing ones will be able to offer this vital service.

It seems strange to me that a pub does not need planning permission to convert to a house when other less important changes in use clearly do require it. It seems that the most vital asset of all for a community—the pub—can be thrown on to the scrap heap without so much as a murmur from the planning department. This will not do.

Policing and Crime Bill

Lord Dear Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 7th December 2016 Lords Chamber

[Baroness Chisholm of Owlpen]

My Lords, these amendments respond to an amendment tabled by the noble Lord, Lord Dear, in Committee, which concerned the authorisation process for the exercise by a constable of the power to require the removal of a disguise. Section 60AA of the Criminal Justice and Public Order Act 1994 is an important preventive tool, enabling the police to remove disguises in instances where they believe offences may be committed. As an intrusive power, quite rightly this requires prior authorisation from an officer of the rank of inspector or above.

However, as the noble Lord, Lord Dear, explained in Committee, the spontaneous arising or escalation of public order incidents does not always permit sufficient time for this approval to come in written form. Amendment 150 ensures that oral authorisation is permitted where it is the only practicable course of action. This authorisation must then be put in writing as soon as is practicable. Amendment 204 makes a consequential amendment to the Long Title of the Bill.

These amendments have been the subject of extensive discussions between officials and the relevant national policing leads, as well as between MPs and the former Policing Minister, Mike Penning. They will give greater clarity and flexibility to the police in the operational use of this power. I beg to move.

[Lord Dear (CB)]

My Lords, I support the amendment. I remind the House that I tabled much the same amendment in Committee. I suggested then that the Minister might take the amendment back, consider it and bring it back on Report—which, of course, has been done. So I record my thanks to the Minister and the officials at the Home Office for their support.

Some misgivings were expressed in Committee that face veils—religious coverings—would be caught in this legislation. I would like to make it clear—as I think is now accepted—that the only change in this amendment is to allow authorisation for the police to use existing powers to be given orally and recorded in writing later. I hope that the fears concerning religious coverings have been allayed and I am very pleased to support the amendment.

[Lord Campbell of Pittenweem (LD)]

My Lords, my name was on the original amendment but I was unable to take part in Committee because of prior commitments. The noble Lord, Lord Dear, deserves more than praise for the very rational way in which he introduced this issue. The result is an entirely practical one, which is entirely consistent with the maintenance of good order and allowing the police to exercise necessary functions, sometimes in very difficult circumstances. Therefore, I too am happy to support the amendment.

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[Lord Blair of Boughton]

I support the noble Viscount, Lord Hailsham, on that point. However, given that this is Report, I ask the Minister to bring back a government amendment that says that it is the coroner. We should not lose this opportunity. I support the noble Lord, Lord Rosser, in saying that we ought to have a process in which there is an equality of arms between the two sides. As I understand it, however—I stand to be corrected—the House can do that only if the Government bring forward an amendment on Third Reading which says what the noble Lord’s amendment does, but that it is not the police and crime commissioner; it is the coroner. I completely agree.

[Lord Dear]

My Lords, I can be very brief and agree entirely with the last two speakers. The sentiment behind the amendment is admirable, but the way it plays out needs regulation. I too strongly support the Government taking this away and bringing it back with the coroner in pride of place.