Planning and Infrastructure Bill

Debate between Lord Roborough and Baroness Jones of Moulsecoomb
Lord Roborough Portrait Lord Roborough (Con)
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My Lords, I shall speak to Amendments 131 and my other amendments in this group. Amendments 131, 137, 151 and 152 seek reassurance that Natural England will use the best available evidence when developing and approving EDPs, and that that will be confirmed by the Secretary of State. The reason for these amendments is that this has not always been clearly the case. That in turn is evidenced by the revised heather burning regulations that we will be debating tomorrow.

Amendment 156 would require that Natural England report each year on the performance of each EDP in that year. The Minister did not reassure the House in Committee that the reporting requirements for the nature restoration fund or individual EDPs were satisfactory. I am sure that each EDP will be reporting its performance internally annually. Can the Minister confirm that and, if so, why is there a reluctance to share that with the public?

Amendment 157 seeks to require the impact on the local community and economy to be assessed and reported on. In some of the more remote parts of our country we have seen rewilding schemes and similar undertaken which have undermined local economies and created distrust within local communities. It is critically important that there is this level of engagement with local communities. Requiring that ensures that their views are taken fully into account.

I hope the Minister can provide some reassurance here. Amendment 174 makes a simple substitution of “must” for “may”. Why would Natural England not be required to publish these conservation measures? Do we really think it will publish if doing so is merely voluntary? I hope the Government have made progress in addressing these concerns since Committee. I beg to move.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, it is absolutely pointless voting for this, because Natural England cannot do the job it has at the moment. Unless it is better resourced and has better structure, it is completely pointless giving it any more jobs. However, I stand here in the throes of two very strong emotions. I signed 38 Conservative amendments—I have never done anything like that before. I committed to something that I thought that the Conservatives were going to do, and they did not do it. They let us all down: they decided not to try to take out Part 3. That is shameful. If you are in opposition, why do you not oppose? What they have just done is playing politics. This is why politicians have such a bad reputation.

My second emotion is fury, which I normally mostly reserve for the Government. Part 3 absolutely stinks, and there should be no effort to get it through this House. It is a terrible piece of legislation. It completely ignores the fact that we need nature. We depend on nature, and the Labour Government are so eco-ignorant that they completely avoid the plot.

Going back to the Conservatives, they are not to be trusted. If they cannot oppose the Government when they know the Government are wrong, why on earth are they sitting here? Why are they bothering? There are some noble Lords on this side—I use the word “noble” advisedly—who, if I had moved Amendment 123, having cosigned it, would have supported me. I am very touched by that, and I thank them. However, we are allowing these amendments to go through. We are trying to improve them, but it is like putting lipstick on a lamppost. I am not going to say “pig”—I like pigs. It is like trying to tart up something that does not need it because it should be thrown out. I ask noble Lords not to vote for this and not to trust the Tories on any amendment they put forward from now on. They are playing politics. They are not trying to do their best for Britain: they are just thinking about themselves.

Planning and Infrastructure Bill

Debate between Lord Roborough and Baroness Jones of Moulsecoomb
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I will speak to my Amendment 118. I am slightly at a loss, because I expected the Conservative Front Bench to do a blinding speech on Amendment 96, to which my amendment is more or less similar. Obviously, I think mine is better because I mention biodiversity, reuse and such things, but I suspect that my amendment, which I had hoped to put to a vote, probably would not beat the Conservative Amendment 96. Both amendments are supported by the Better Planning Coalition as an obvious step forward on improving what we have already.

While I am on my feet, I will just say that I refute the concept of a grey belt. A grey belt is green belt that has been left to rot, and we should be recovering that grey belt and making it green belt again. The green belt is absolutely necessary for our health, as other noble Lords have said.

We need to protect the well-being of land, ecosystems, people, towns and villages, and we really have to remember that this is something—including farmland—that we rely on for ourselves. I am hearing from farmers all over the country that they are losing good farming land. Given climate change, we could potentially face some huge challenges in feeding ourselves, and the loss of farmland will be a disaster. I think my Amendment 118 is a great amendment, but I am prepared not to put it to a vote if Amendment 96 is moved.

Lord Roborough Portrait Lord Roborough (Con)
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My Lords, I will speak briefly to my Amendments 95 and 98. I am very grateful to the noble Baroness, Lady Jones of Moulsecoomb, for her support for the protection of good agricultural land. Amendment 95 is a broader application of the principle that was debated and rejected by Government and Liberal Democrat Benches in this House last week. We on these Benches believe that food security is national security and, unlike for this Government, these are not empty words: we intend to put that into practice.

We remain concerned that the principle of protecting the best and most versatile land—grades 1, 2 and 3A—appears to be trampled at will, for not just solar farms under NSIP but other developments. We must do better. This land is responsible for supplying the lowest-cost, highest-quality food produced in our country and is far more productive than weaker grades of land. Building without due consideration on the land that we need to feed us is, frankly, short-sighted.

Amendment 98 asks the Government to report annually on how much of our land is being converted from agriculture to tarmac, steel, photovoltaic panels and concrete, and provides the basis for a more informed national debate on how we treat our productive land. I will not test the will of the House on these amendments. However, I would be most grateful to receive an assurance from the Minister that the Government take this issue as seriously as they should. This was not entirely clear from the response to the debate on solar farms and BMV last week.

I also support of the concept of Amendment 88, tabled by the noble Baroness, Lady Willis. Well-planned development needs to take into consideration access to green and blue open space, but also how this space can contribute to nature connectivity.

Water (Special Measures) Bill [HL]

Debate between Lord Roborough and Baroness Jones of Moulsecoomb
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I thank the Minister for having listened not just to Members of your Lordships’ House but to the thousands of campaigners, because the amendments tabled in her name are actually of great value. However, I feel they do not go far enough, and a lot of people—though probably not those here—might agree with me.

I have co-signed two amendments in the name of the noble Lord, Lord Cromwell, and one in the name of the noble Lord, Lord Sikka. I will vote for them if any of them are put to the vote. There are lots of other helpful amendments, but those three are the most useful.

I cannot help but feel that, if we were talking about benefit claimants who had behaved in the way that water companies have, we would not just slap them on the wrist in the way that we have the water companies; we would crack down on them, claw back the money and take them to court. The water companies have got off so lightly in this whole process. That really does not seem fair to bill payers or to taxpayers.

Amendment 2 goes to the heart of the issue. Water companies have been ripping us off with financial engineering, and I do not think that the Government’s action plan will resolve this. The water companies have been saying that they invest all the bill payers’ money in infrastructure, but they then take out loans and pay themselves dividends. With this legislation—even with the amendments—the Government are missing the opportunity to crack down on predatory capitalism.

Lord Roborough Portrait Lord Roborough (Con)
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My Lords, I thank the Minister yet again for her engagement at every stage of the Bill’s progress and for the significant improvements that have been made to it as a result. I will speak to my Amendments 11 and 58, to Amendments 4, 7 and 10 in the name of my noble friend Lord Remnant, and to Amendment 2 in the name of the noble Lord, Lord Cromwell.

Amendment 11 is a simple amendment that would give the Secretary of State greater influence over the drafting of the rules on remuneration and governance. We all know that it is the Government who will be held to account in this House and across the country for their record on water quality and pollution reduction. It seems only right that Ministers should have the ability to shape these rules. Indeed, given the importance of getting them right, Amendment 11 would make the regulations subject to the affirmative procedure for statutory instruments, giving Parliament its own role in approving these rules. I intend to test the opinion of the House on this, depending on the Minister’s answer.

Amendment 58 relates to limits on water company borrowing. I will not reiterate the arguments I made in Committee and, having listened to the Government’s concerns about the possible impact of a hard statutory limit on current negotiations between the sector and prospective investors, I have tabled an altered amendment here on Report.

It is clear to His Majesty’s Opposition that water companies have failed to take a sustainable approach to borrowing, and the current safeguards are insufficient. The amendment simply gives the Secretary of State the power to make regulations under the affirmative procedure for secondary legislation, limiting water company flexibility and returns to shareholders when leverage becomes excessive. I am most grateful to the noble Lord, Lord Sikka, for stating the current leverage ratios of the industry, and I agree with many of his comments, if not his amendment.

Nothing in the amendment forces the Government to do anything; we are merely seeking to give them the tools they need to deliver an effective limit on water company borrowing, given the inability of the regulator to do so historically. The Minister will no doubt tell us that borrowing will be considered in the wider review of the water sector, and we welcome this. However, in the meantime, Ministers need tools to take appropriate action now. If the Government do not feel that a borrowing limit is necessary, nothing in the clause requires them to act, but we on these Benches feel that it would be a missed opportunity to let the Bill pass without giving Ministers powers that they may need to ensure that water company borrowing is at sustainable levels while we await the conclusion of the Government’s review. Subject to the response of the Minister, I am also minded to test the opinion of the House on Amendment 58.

The amendments in the name of my noble friend Lord Remnant, which we spoke positively of in Committee, have a great deal of merit. They would ensure that board members are the individuals subject to the rules on remuneration and governance, as well as preventing consumers being inadvertently subject to these rules and other penalties as members of a water company’s board. This can be left to the company to decide.

Amendment 2 in the name of the noble Lord, Lord Cromwell, to which I am also a signatory, complements my Amendment 58 on water company borrowing. Greater clarity on water companies’ financial engineering is important. Should he seek to test the opinion of the House, we would support his amendment.

Finally, following the Minister’s constructive response, I did not bring back an amendment on the requirement to provide training to employees on their specific legal obligations within the water industry both before and after the implementation of the Bill. I would be most grateful if she could confirm that the Environment Agency will give guidance to the industry on how employees will be informed of these legal obligations.

Victims and Prisoners Bill

Debate between Lord Roborough and Baroness Jones of Moulsecoomb
Lord Marks of Henley-on-Thames Portrait Lord Marks of Henley-on-Thames (LD)
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The Minister has accepted that there is a subset and, as the noble Baroness, Lady Brinton, has demonstrated, it is a very important subset of victims who are not victims of crime but of tragic accidents or incidents. I am not sure that his answers so far and his speech so far have taken in the real difference, which is that victims of crime are involved in process that leads to—and is at least partially resolved by—a criminal trial, where there is to be such a trial, or a criminal investigation where it does not lead to a trial.

The Minister has accepted that the existing victims’ code is directed to that set of circumstances. Victims of a tragedy that is a major incident which does not involve crime—or, as the noble Baroness, Lady Thornton, pointed out, may or may not involve crime but does not lead to a criminal process—have a whole different set of needs that arise from tragedy rather than crime. I cannot understand from the Minister’s answers why a separate victims’ code is inappropriate in those circumstances. There may, of course, be areas of overlap but why is there no separate code to deal with this very real issue?

The additional point is that I would suggest—and the Minister has not suggested otherwise—that all of this cannot be addressed simply by the provision of an independent public advocate, however worthy that is, and it is.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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While the Minister is still sitting down, I agree with everything that has just been said but also the victims I was talking about—the victims of state wrongdoing—have not been treated as victims of crime so they would come under the original code, except they have not had access to all the information, and so on. It is worth understanding that the current code is not enough. Plus, I am “Jones of Moulsecoomb”, not “Jones of Whitchurch”—no offence.

Lord Roborough Portrait Lord Roborough (Con)
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I apologise to the noble Baroness, Lady Jones of Moulsecoomb. I am grateful to the noble Lord, Lord Marks, for a much more eloquent summing up of what I was trying to say than I was capable of doing.

The Government acknowledge that there is a subset of victims of major incidents where a crime does not occur who are not being addressed because the victims’ code addresses principally the victims of major incidents where crime does occur. The Government believe that the independent public advocate will be a significant step forward in helping all victims of major incidents to have their needs met during this very difficult time.

The Government’s view is that the charter and the proposed code for victims of major incidents bear many similarities and it may be duplicative to implement both. The Government are also not convinced at this time of the necessity of placing these codes and charters which aim to change culture on a statutory footing, but we are happy to consult all Ministers, given the strength of feeling about how best to address the needs of victims of major incidents where crime is not involved. As I say, we have had dialogue today on exactly this matter and I am conscious that I am not giving noble Lords a very good answer but I think it is best if we agree to consult on that, if that is acceptable.

In answer to the points made by the noble Baroness, Lady Jones of Moulsecoomb, about cases where the victims’ code is not followed and where, potentially, victims are victims of state actions or some other incident, the victims can direct complaints to the organisation itself. It will have internal complaints-handling processes in place; I accept that in this particular instance that may not be much use. But if they feel that their complaint has not been resolved, they can escalate it to the Parliamentary and Health Service Ombudsman, who will investigate further.

Through the Bill, we are making it easier for complaints to go to the Parliamentary and Health Service Ombudsman where the complaint relates to the complainant’s experience as a victim of crime. It may also be open to victims to challenge a failure to deliver the entitlement set out in the code by way of judicial review. This will depend on the circumstances and standard public law principles will apply. As the most senior governance—