Planning and Infrastructure Bill
Lord Jamieson ExcerptsThursday 24th July 2025
(3 days, 7 hours ago)
Lords ChamberRead Full debate Planning and Infrastructure Bill 2024-26 View all Planning and Infrastructure Bill 2024-26 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 110-II(c) Amendments for Committee (Supplementary to the Second Marshalled List) - (24 Jul 2025)
Lord Naseby (Con)
My Lords, I support this amendment. We cannot emphasise too strongly the importance of moving forward in this vital area. There has been discussion before, under the previous Government. Some questions have already been raised on the Floor this afternoon. The longer we delay, the more difficult life becomes. Carbon capture and storage is fundamental to what we need in this country. I commend the noble Lord who tabled the amendment. Amendment 91 is self-evident in any case. I look forward to hearing what the Minister has to say in response to his colleague’s amendment.
Lord Jamieson (Con)
My Lords, we welcome the sentiment behind the amendments proposed by the noble Lord, Lord Hunt of King’s Heath. It is clear that, if we are to meet our net-zero targets, there is a need for long-term sustainable technologies such as carbon capture and storage. They must be part of the conversation. The potential of CCS to decarbonise sectors such as heavy industry are—I cannot quite remember the phrase used by the noble Earl, Lord Russell, in referring to those that could not be done in other ways—really important and significant.
We on these Benches also recognise that infrastructure plays an important supporting role in innovation and low-carbon growth. Allowing certain carbon capture projects to be designated NSIPs could offer a more streamlined path to planning approval, removing unnecessary barriers to strategically important developments. However, like my noble friend Lord—
Lord Jamieson (Con)
Grayling. As was pointed out earlier, it has been 184 days. Some of us are just getting a little tired. Like my noble friend, I must also offer a note of caution and a bit of a “but”.
Although CCS is a promising technology, it is not without its challenges. It is expensive, it is not a silver bullet, and it is somewhat untested. Therefore, as the noble Earl, Lord Russell, pointed out, we need closer scrutiny to make sure that it can be done commercially and at scale, which, to date, has not been done. It has not been proved to be viable. We do not want a technology that will cost the taxpayer money, and there are other technologies that could also potentially achieve this aim.
We should also consider this as part of a broader strategy. We must continue to prioritise clean energy, in particular dense technologies such as nuclear. It is our duty to ensure that the costs of decarbonisation are not unfairly borne by households and businesses already facing significant financial pressures.
So, while I support the broad intention of the amendment and agree that enabling clarity in planning and law is important, we must proceed with care. Our route to net zero must be grounded in economic and technical reality.
Lord Khan of Burnley (Lab)
My Lords, I thank my noble friend Lord Hunt of King’s Heath for tabling these amendments, which relate to carbon capture and storage designation. Amendment 51 would amend the Planning Act 2008 to enable the designation of
“carbon dioxide spur pipelines and carbon capture equipment … as Nationally Significant Infrastructure Projects”.
As my noble friend knows well from his time as Minister of State at the Department for Energy Security and Net Zero, this Government recognise the pivotal role of carbon capture and storage in securing growth, achieving their climate goals and transitioning to a low-carbon economy. That is why we have committed to substantial investment to support the development and deployment of carbon capture and storage across the UK.
However, although the Government are committed to the deployment of carbon capture, transport and storage, this amendment could lead to confusion for developers, as it would, in effect, provide a choice for developers in consenting routes. Onshore electricity generating stations with a capacity exceeding 50 megawatts, including those using carbon capture technology, are classified as NSIPs under the Planning Act 2008 and require a development consent order—a DCO. Onshore carbon dioxide pipelines over 16.093 kilometres in length also classify as NSIPs and require a DCO. However, smaller pipelines and industrial carbon capture facilities sit outside the NSIP regime, and applications for development are determined by the local planning authorities under the Town and Country Planning Act 1990. This is consistent with the consenting process for pipelines and industrial facilities more broadly and, as far as we are aware, experience from the planning process for the first carbon capture and transport projects has not identified significant issues for projects determined by the local planning authorities thus far.
Nevertheless, carbon capture, transport and storage remain nascent sectors in the UK, and officials in my department are working closely with the Department for Energy Security and Net Zero, and the Department for Environment, Food and Rural Affairs, to ensure that the full range of consenting and permitting regimes for carbon capture, transport and storage remain effective and appropriate.
Amendment 91 seeks to amend the Pipe-Lines Act 1962 to disapply the requirement for special parliamentary procedure in relation to pipelines or lengths of pipeline that are to be repurposed for the conveyance of carbon dioxide. It should be noted that, as drafted, the amendment would not legally achieve its intended purpose as a relevant subsection of Section 12A allows a Secretary of State to revoke a compulsory rights order rather than grant one.
Nevertheless, even with that to be addressed, and while I certainly sympathise with the spirit of the amendment, it would not be practical. Section 12A of the Pipe-Lines Act allows a Secretary of State to make an order for the compulsory acquisition of rights over land that are necessary for the conversion and use of a pipeline to convey carbon dioxide. The making of such an order is subject to special parliamentary procedure.
The Government recognise that it can be more efficient to repurpose existing pipelines for use in a carbon capture, transport and storage project compared with building new pipeline infrastructure. Where the pipeline infrastructure is considered suitable for reuse in this way, the Government support this. For example, we have recently legislated to remove a tax barrier that oil and gas companies have told us would prevent the transfer and repurposing of suitable assets from use in oil and gas, such as pipelines and platforms for use in carbon dioxide, transport and storage.
However, as the works involved in the repurposing of pipelines for the conveyance of carbon dioxide could impact local communities and landowners, enabling the compulsory acquisition of rights over land to remain subject to a special parliamentary procedure would ensure proper scrutiny of such proposals.
The Government support the repurposing of onshore and offshore infrastructure for use in carbon capture, transport and storage projects as part of the UK’s drive to net zero. We are already seeing this in practice, where the HyNet carbon capture and storage cluster in the north-west will be served by a combination of new and existing infrastructure. We are committed to ensuring that the right support and mechanisms are in place to enable the repurposing of suitable onshore and offshore infrastructure, and I hope with this reassurance my friend will feel able to withdraw his amendment.
Before I sit down, I want to refer to the important points made by the noble Lord, Lord Grayling, which I take seriously. I note that consideration of Part 3 and wider environmental issues will take place after the summer. We will consider his points over the summer, as requested. The points the noble Lord is making are mainly being debated in September, so we can pick them up in response to similar amendments, including in relation to Part 3. For the reasons I have just outlined, I ask my noble friend to withdraw his amendment.
Baroness Bennett of Manor Castle (GP)
My Lords, I briefly and with pleasure offer support for the noble Baroness, Lady Kramer, who is the House’s acknowledged expert and champion in the area of whistleblowing. Reacting to some of the comments made, the noble Baroness said she would prefer to see an overarching system rather than operating within the frame of this Bill. With the huge changes the Bill is potentially making, it is clearly very important that, if things are going wrong, we are able to see them and whistleblowers can safely speak out.
The noble Lord, Lord Hunt, raised the health service. It is useful to reference our earlier debate on the infected blood scandal. The noble Baroness, Lady Brinton, went through a very long list and ran on a theme she has long been running on; we have this cascade of continuing scandals and crises with all sorts of harrowing outcomes. I do not think she mentioned this, but issues such as sodium valproate and vaginal mesh are quite recent and possibly ongoing. There is a systemic problem with the structure of government and the way it is working. We are potentially giving the Government much more power here.
I want to fulfil my traditional Green role and add to the thoughts about the impact on the environment and when environmental issues go horribly wrong, as they potentially will. I note that since we were last in Committee the Government have brought in some changes to the highly controversial Part 3, which the noble Lord, Lord Grayling, referred to. In response to those changes, the Office for Environmental Protection has said:
“We are clear that even after the material amendments the Government proposes, the Bill would, in some respects, lower environmental protection on the face of the law”.
The OEP is saying that if we are lowering environmental protections, there is a real risk—“environment” usually means human health impacts as well—and environmental whistleblowers need to be able to speak up and point out what is happening. These are people from within organisations who may be the only ones who really know what is happening.
Finally, I thank the noble Baroness, Lady Kramer, for mentioning HS2 so that I do not have to.
Lord Jamieson (Con)
My Lords, I thank the noble Baroness, Lady Kramer, for tabling this amendment. It is a clear and well-intentioned proposal that raises important questions about how individuals can share concerns relating to NSIPs. We on this side of the House recognise the value in exploring such concerns and that they are heard and addressed. Clarity in that process is undoubtedly important. However, at the same time the question of establishing independent bodies through amendments is not straightforward. There are practical and structural considerations that merit careful thought, particularly around proportionality, as my noble friend Lord Grayling mentioned.
I want to focus on what the noble Lord, Lord Hunt of Kings Heath, said: this is an issue of culture. No bureaucracy can overcome the wrong culture, and we need to fix the culture if we are genuinely going to have people listening to whistleblowers. So, while we welcome the opportunity for Ministers to set out how the concerns will be raised and responded to—and clarification will be helpful in understanding whether further mechanisms are needed—it will be most interesting to hear from the Minister how he will change the culture.
Earl Russell (LD)
My Lords, on these Benches we fully recognise the need for nuclear power and nuclear generation to be part of our baseload capacity, which is needed to combine with renewables as we transition to clean power. I have the utmost respect for the noble Lord, Lord Hunt, his work and everything that he has done for energy transition. However, I am surprised that he calls these regulations “ludicrous”, “arcane” and “wasteful”. It may be that the broader landscape needs reform and he is able to raise his points with an amendment, but clearly an amendment is not a way to look at the reform of this stuff.
I worry that, were we to rip up regulation in haste, we would repent at leisure. These measures are completely different from the planning process. They are designed for new types of nuclear generation technology, to check whether new designs are safe and fit for purpose. I do not see them as duplicative; they are separate to the operation of the planning system and fulfil different functions. My worry is that, were these two to go ahead in this way, they would serve to undermine confidence in the safety and security of the nuclear processes that we have in this country. Indeed, this is an international standard that is recognised by the ICRP and in the EU and is used around the world.
It takes up to 18 months to undergo these processes, but they start before planning. I do not see exactly how, even if this amendment was successful, it would do much to speed up the new nuclear generation that is needed. The noble Lord’s central argument is that these are duplicative—I do not agree; I think that they are separate—and that passing this amendment would speed up the process of getting new nuclear power. Since the process at issue happens first, I do not think that is the case either.
We will not support the noble Lord’s amendment. Obviously, all regulations need to be kept under review and, if the Government want to do that, we are open to it. However, I do not think that an amendment here is the way—other than to pressure the Government—to look at these things with a broader scope, so we will not support the noble Lord on his amendment.
Lord Jamieson (Con)
My Lords, Amendment 53B in the name of the noble Lord, Lord Hunt of Kings Heath, proposes a sensible and pragmatic change to the current requirement that, before a nuclear power station is built, an assessment must be made as to whether the social, economic and other benefits outweigh the health detriment caused by ionising radiation. The amendment seeks to disapply this requirement in cases where planning consent has already been granted.
This change is both timely and necessary. We must look carefully at how to prevent nuclear power projects from being blocked or delayed, especially in the context of a wider energy landscape. Notably, the Government are currently presiding over the highest prices for offshore wind in a decade, which highlights the urgent need for diverse, affordable, reliable and resilient energy sources. Nuclear power stations provide that critical alternative—one that is essential to the UK’s growing demand for electricity in a cost-effective and secure manner.
Noble Lords across the House can agree on the vital importance of nuclear energy to our energy strategy. Nuclear energy remains a cornerstone for delivering a cheap, stable and low-carbon supply of electricity. It is crucial not only to meet our ambitious climate commitments but to safeguard energy security in an increasingly unpredictable world. The reliability of nuclear power provides a steady backbone to the electricity grid. As such, it is an indispensable part of our efforts to build a resilient energy system.
We acknowledge that we need rigorous planning and regulatory processes, but these are already in place for nuclear projects. These processes thoroughly assess health and safety concerns, including the risk posed by ionising radiation. While I might not go as far as some other noble Lords today about “wasteful”, “useless” and “byzantine” regulation, I certainly believe that it is duplicative. We therefore do not need to do it again, if planning consent has already been granted and has already assessed those risks. It would create unnecessary complexity and delays, without delivering any meaningful public benefit.
Where planning consent has already been obtained, following comprehensive scrutiny, it is entirely reasonable to disapply this further requirement. Doing so would streamline the development process, reduce unnecessary bureaucratic hurdles and support the timely delivery of vital infrastructure projects, which are so central to the UK’s energy future. For these reasons, we hope that the Minister has listened carefully to the concerns raised in relation to this amendment.
Lord Khan of Burnley (Lab)
My Lords, Amendment 53B would have the effect of removing the need for nuclear technologies that generate electricity or heat to undergo regulatory justification. Regulatory justification is derived from international standards. Its purpose is to ensure that all practices involving ionising radiation, including nuclear technologies, must first be assessed to determine whether the individual or societal benefits outweigh the potential health detriment from that practice. It is a key pillar of radiological protection.
That said, I am aware that there are concerns around the process of justification for nuclear reactors and that it is considered administratively burdensome—I heard that argument loud and clear from the noble Lord, Lord Naseby, and my noble friend Lord Hunt of Kings Heath. That is why I am pleased that it forms part of the nuclear regulatory task force’s review of nuclear regulation.
The Government are committed to stripping out ineffective, overlapping and unduly burdensome processes, but as we move forward with new nuclear, it is vital that we maintain high standards of health and environmental protection and fulfil our international obligations. The nuclear regulatory task force is examining all aspects of nuclear regulation, including regulatory justification, environmental permitting and nuclear licensing and planning. We expect it to come forward with recommendations that will streamline the regulatory processes and reduce unnecessary burden.
I believe that more effective solutions can be found to improve the process of regulatory justification by including it, as the task force is doing, in a holistic review of the nuclear regulatory framework. Therefore, we unfortunately cannot support this amendment. I hope that my noble friend Lord Hunt is satisfied with my response and will withdraw his amendment.
Lord Jamieson (Con)
My Lords, I will address these important amendments concerning water infrastructure, each of which touches on the future resilience and efficiency of our water sector. These amendments reflect a shared desire to ensure that the regulatory framework keeps pace with the demands of modern infrastructure delivery while safeguarding value for money and service quality for consumers.
Amendment 59, tabled by my noble friend Lady Coffey, proposes to remove the size and complexity test currently embedded in water regulations. This is a timely and helpful amendment, particularly in the light of the Cunliffe review published on Monday. The review highlights that, under specified infrastructure projects regulations, this test can apply only where projects are of such scale and complexity that they risk threatening the water company’s ability to provide services and value to customers. The Government have recently signalled their intention to relax this criterion. In this context, will the Minister clarify when the Government intend to relax it by? How will they do so? Could the opportunity presented by my noble friend Lady Coffey’s amendment be used to implement such a relaxation? We need a regulatory environment that is more flexible and better suited to facilitating timely delivery of much-needed infrastructure projects without unnecessary procedural hurdles that can cause delays and cost overruns.
Amendments 61 and 62 relate to reservoir construction and regulation. We recognise the importance of the delivery of new reservoirs, and we acknowledge their vital role in enhancing water security and supporting our long-term infrastructure goals. While I would like to support my noble friend Lord Lucas on his Amendment 61, we have a concern about whether introducing new, possibly burdensome regulation is necessary or whether it would risk creating delays or have unintended consequences.
In contrast, Amendment 62 tabled by the noble Baroness, Lady McIntosh of Pickering, seeks to deregulate low-hazard reservoirs. We believe that this approach could streamline processes where the risk is minimal, allowing resources to be focused on the highest-risk infrastructure.
Water infrastructure is a critical national priority. In the light of these differing proposals, I ask the Minister to give the Committee a clear answer on the Government’s position. How do the Government intend new reservoirs to be built? What regulatory approach will be taken to balance safety, efficiency and the urgent need for water infrastructure? I look forward to the Minister’s response on these important matters.
Lord Hendy of Richmond Hill (Lab)
My Lords, it was of course a pleasure to hear the noble Lord, Lord Gascoigne, introduce these amendments. He referred to the success of the Thames Tideway project, and there were a number of references to who did it. The person in charge of that project is Andy Mitchell, who has done an extraordinarily good job, so it is quite right that his name should be referred to next to the project itself.
The amendments seek to insert new clauses specific to water infrastructure. Amendment 59 tabled by the noble Baroness, Lady Coffey, seeks to remove the size and complexity test from the specified infrastructure projects regulations, known as SIPR. The Government are resisting this amendment because we have already committed to reviewing the SIPR framework. That was set out in the Chancellor’s New Approach to Ensure Regulators and Regulation Support Growth policy paper, published in March 2025, which confirmed that Defra will amend the SIPR framework to help major water projects proceed more quickly and deliver better value for bill payers. It is important that the planned review goes ahead so that any changes are properly informed by engagement with regulators and industry. Removing the size and complexity threshold now would pre-empt that process and risk creating a regime that does not reflect the sector’s diverse needs or long-term priorities.
We will continue to work closely with stakeholders to ensure that the specified infrastructure projects regime remains targeted and proportionate and delivers value for customers. The noble Lord, Lord Jamieson, asked by when this review will be completed, and I can assure him that it will be completed in this calendar year. I therefore thank the noble Baroness, Lady Coffey, for tabling the amendment, but I kindly ask the noble Lord, Lord Gascoigne, to withdraw it on her behalf.
Amendment 61 tabled by the noble Lord, Lord Lucas, seeks to introduce enabling regulations for milestones and enforcement for various delivery phases of all water undertakers’ reservoir proposals. The Government have already taken urgent steps to improve water security. This involves action to improve water efficiency and to reduce water company leaks alongside investing in new supply infrastructure, including new reservoirs and water transfers. We are taking action to speed up the planning process for new reservoirs. For example, we recently revised the National Policy Statement for Water Resources Infrastructure to make clear that the need for the proposed reservoirs in the water companies’ statutory management plans has been demonstrated.
Ofwat’s price review final settlement in December 2024 for the water sector has also unlocked record investment, around £104 billion of spending by water companies between 2025 and 2030. This includes £8 billion of investment to enhance water supply and manage demand, such as enabling the development of nine new reservoirs. As part of that, leakages will reduce by 17%. We have taken steps with Ofwat to improve water company oversight by increasing reporting and assurance requirements on companies’ delivery, improving protection for customers from companies failing to deliver the improvements by returning the funding to customers, and encouraging companies to deliver on time by applying time-based incentives.
The Government, as the Committee has already heard, also commissioned Sir Jon Cunliffe to lead the Independent Water Commission, to which the noble Lord, Lord Lansley, referred. It is a once-in-a-generation opportunity to modernise the water industry and deliver resilient water supplies. The Government are grateful to Sir Jon and the commission for their work and will carefully consider their findings and recommendations, including those that the noble Lord, Lord Lansley, referred to.
We will provide a full government response to the commission’s report in the autumn, setting out our priorities and timelines. The Government will introduce root and branch reform to revolutionise the water industry. Working in partnership with water companies, investors and communities, the Government will introduce a new water reform Bill to modernise the entire system so that it is fit for decades to come. I hope that the noble Lord, Lord Lucas, is therefore reassured that the proposed new clause is unnecessary, and I kindly ask him not to move his amendment.
Amendment 62, introduced by the noble Lord, Lord Gascoigne, on behalf of the noble Baroness, Lady McIntosh, is not necessary. It is a probing amendment to encourage the consideration of measures to facilitate the construction of small reservoirs. The Government are already encouraging building both small and large reservoirs. That improves resilience to climate change, sustains food production and water security and supports economic growth.
Reservoir safety legislation does not prevent new reservoirs being constructed but does ensure that structures are well built and maintained. The streamlining of the planning system will make them quicker and easier to build in the future. However, it is important that new reservoirs do not pose flood risks for local communities by being built in the wrong locations and that existing reservoir dams are structurally safe.
Reservoirs that store water above ground level pose risks to life, property, businesses and the environment, and could cause economic disruption to local communities if the dam structure were to fail. These risks are managed through reservoir safety regulations. Reservoirs that store water below ground level do not pose the same risks and so are out of scope of the reservoir safety regulations. Current advice to farmers and landowners who wish to build reservoirs is to consider options for non-raised water storage. The Government intend to consult in the autumn on proposals to improve reservoir safety regulations, including making the requirements more tailored to the level of hazard posed and bringing some smaller raised reservoirs in scope. These proposals do not alter the need for more reservoirs, nor prevent new ones being built. They are to ensure that reservoir dams are structurally sound and that flood risks for communities down stream are effectively managed.
I appreciate the interests of noble Lords in tabling these amendments. However, for the reasons I have set out, I kindly ask the noble Lord to withdraw the amendment.
Lord Jamieson
“National Lane Rental Scheme: establishment(1) Within six months of the day on which this Act is passed, the Secretary of State must establish a National Lane Rental Scheme (“the Scheme”).(2) The Scheme must ensure that—(a) local authorities are able to grant lane rental permission to utility companies as standard,(b) the Secretary of State is only involved in the granting of lane rental when utility companies appeal to the Secretary of State about the local authority’s actions under paragraph (a), and(c) any public highway may be subject to lane rental provisions, irrespective of size or level of sensitivity.(3) The Secretary of State must—(a) consolidate existing regulations which provide for local authorities to grant permission for lane rental to utility companies for works, and(b) ensure that any orders made under section 74A of the New Roads and Street Works Act 1991 which may contradict the provisions of the Scheme are repealed.(4) The Secretary of State may by regulations made by statutory instrument vary provisions in the Scheme.(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”Member’s explanatory statement
This amendment would require the Secretary of State to bring forward a national scheme for Lane Rental during road works with the intention of developing a simpler, less bureaucratic, and more flexible scheme replacing the existing scheme of individual applications by transport authorities to the Secretary of State.
Lord Jamieson (Con)
My Lords, I rise to speak on the two amendments in my name relating to utility works on roads. Constant disruption to our roads from roadworks—in the majority of cases, related to utilities works—is a huge frustration to all drivers, often causing significant traffic delays, economic damage and environmental impact. It also impacts householders, pedestrians and cyclists caught up in or impacted by the noise and fumes of idling cars. Local businesses are hugely impacted from loss of business, as customers stay away to avoid excessive journey times and, when it is on major roads, excessive traffic on smaller roads.
The frustration of drivers is doubly so when they see no work being carried out. Sometimes that is for good reason, but often it is for the convenience of the contractor. I give the example of traffic lights put out on a Friday afternoon for roadworks starting on the Monday and completed on the Thursday, but the traffic lights are removed the following Monday, so for three or four days of work the road is impacted for 10 days. While we recognise that utility and other works are essential, they should be done in a way that minimises disruption.
While councils and Governments have sought to address this through measures such as permitting regimes, and councils often do this proactively, enforcing them to keep roadworks to the permitted time, this does not stop utility companies and contractors seeking an extended time. There is also a lane rental scheme under the 2012 lane rental regulations. Four county councils and Transport for London have applied for this. However, it is a cumbersome process and, with the exception of London, can be applied to only 5% to 10% of roads, and only to those that are highly sensitive. It involves lots of consultation, specific identification of roads, applying to the Secretary of State, needing to draw up an SI and so forth.
There is a better way: there should be a national scheme, with appropriate protections and so forth but also enabling a wider range of highways to be included, that councils could simply opt into. This amendment would not only reduce the time during which our roads are held up by roadworks but reduce bureaucracy.
Lord Hendy of Richmond Hill (Lab)
My Lords, in respect of lane rental schemes, the Government are committed to reducing disruption from street works and improving the efficiency of our road networks. Lane rental is an important tool to help highway authorities reduce the impact of works taking place, but it is important to recognise that such schemes may not be suitable for every area. Many local authorities do not experience the level of congestion necessary to justify the administrative and financial burden of operating such a scheme. However, the Government recognise the value of empowering local leaders and that is why we have consulted on devolving approval powers for lane rentals to mayoral combined authorities. We will be publishing the results of the consultation and next steps in due course. So I kindly ask the noble Lord, Lord Jamieson, to beg leave to withdraw his amendment.
I thank the noble Lord, Lord Moynihan, for speaking to the amendment on litter. I agree with him that we must find the best way of tackling this problem. I know that the amendment has been tabled in that spirit. At present, National Highways is responsible for the collection of litter on England’s motorways, but there are other roads—trunk roads and A roads—where National Highways is responsible for the maintenance but local authorities are responsible for litter collection. The question is therefore whether we should relieve local authorities of those duties and transfer them instead to National Highways.
That sounds like a simple solution, but it is in fact a little more complicated. The collaboration methodology works well: for example, National Highways looks for opportunities to enable litter collection to take place safely when roads are closed for other reasons, such as resurfacing or maintenance. Those partnership arrangements provide the best way of tackling litter on the strategic road network, and we encourage and expect National Highways and local authorities to work closely together on them.
I also thank the noble Lord, Lord Jamieson, for tabling the amendment on extending the guarantee period following road reinstatement. He and I both recognise that high-quality reinstatement is highly desirable. It is important to note that, under the existing Specification for the Reinstatement of Openings in Highways guidance, the guarantee period begins only once the reinstatement has been completed to the required standard.
In 2023, a performance-based inspection regime was introduced that means that utility companies with higher defect or failure rates are subject to more frequent inspections and, as they pay for each inspection, this creates a strong financial incentive to maintain high standards. We are closely monitoring the recent changes in Scotland, where the guarantee period has been extended to six years, to assess whether that leads to improved standards, before considering any changes in England. For the reasons outlined, I kindly request that noble Lords do not press their amendments.
Finally, my noble friend Lord Liddle will now have reached the end of his journey to Carlisle, and I celebrate the noble Lords who have come on the journey for this part of the Bill by remaining in the Chamber. I wish all those who have stayed this long a happy and restful recess.
Lord Jamieson (Con)
I thank the Minister for his reply. I look forward to seeing more on the rollout of the lane rental scheme to mayoral authorities, but I ask, as we do not yet have mayoral authorities right across the country, whether he could extend it to all authorities. I also look forward to the review of the practice in Scotland and hope that we will move to a five-year guarantee here. With that, I beg leave to withdraw my amendment.
Lord Moynihan (Con)
My Lords, I will speak to my noble friend Lady Coffey’s Amendment 70. I see the Chief Whip on the Bishops’ Bench praying for a short introduction to this exceptionally important amendment.
My noble friend Lady Coffey seeks to transfer Ofwat’s functions relating to planning, infrastructure and development to the Secretary of State. Of course, she was ahead of her time; the Cunliffe report is now before the House and it will be debated at significant length. Whether the functions go to the Secretary of State or, as Cunliffe suggested, form part of the remit of a new regulator is a matter for your Lordships’ House in due course. We now face the biggest overhaul of water management and, above all, water regulation since privatisation. The Government have offered to fast-track five recommendations and I hope they will take my noble friend Lady Coffey’s amendment to heart when considering how best to move forward. I beg to move.
Lord Jamieson (Con)
My Lords, I also thank the noble Baroness, Lady Coffey, for tabling this amendment, which is pertinent, as has just been mentioned, given the announcements this week, including that Ofwat will be abolished. The future of water regulation is clearly in flux. We on these Benches seek clarity on the way forward. I look forward to hearing the Minister’s response.
Lord Hendy of Richmond Hill (Lab)
My Lords, I apologise: I prematurely terminated the journey of this part of the Bill. I will seek to be very brief.
The Government are committed to ensuring effective planning, development and management of water infrastructure. To that end, the Secretary of State for the Environment, Food and Rural Affairs formed an Independent Water Commission. We oppose the amendment put forth by the noble Baroness, Lady Coffey, to transfer Ofwat’s planning, infrastructure and development functions to the Secretary of State because it would pre-empt the results of the independent review. As mentioned, we will provide a full government response to the commission’s report in the autumn, setting out our priorities and timelines, and the Government will therefore introduce root and branch reform to revolutionise the water industry. I ask the noble Lord to withdraw the amendment on behalf of the noble Baroness, Lady Coffey.