Business and Planning Bill

Baroness Jones of Moulsecoomb Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I have heard a lot of the debate, and a lot of the issues that I was going to raise have been dealt with already, so I will just mention them in passing. I will also take a moment to contradict noble Lords who have said that we need to get back into the Chamber as soon as possible. Quite honestly, many of us enjoy remote working and do not want to experience disease and death. We are happy with the way things are. I understand that this might change, but we have to learn to adapt. The lack of democracy and holding our Government to account comes not from the fact that we are remote but from the fact that we are being ruled by ministerial diktat at the moment. Again and again, laws are passed that could have been brought before Parliament to be properly scrutinised but were not.

This Bill is being pushed through very fast as emergency legislation, so there really is not much time to scrutinise it. I will come back to these issues at a later stage. I will be focusing on a few specific issues. Road safety is incredibly important. We have to bear that in mind when we talk about the use of pavements. Walking and cycling are extremely important. If we are to have a continental-style cafe culture, with beautifully arranged tables and street dining, we have to ensure that these places are safe and accessible. We do not want to impose disabilities on people. We should make sure that everybody has access to these spaces.

I will also mention environmental issues. The Prime Minister’s comments about newts were absolutely baseless and rather lowered the tone of the whole debate. We have to think about environmental issues when it comes to business and planning.

I have not heard community land trusts being mentioned. I would like the Government to do a little bit of research on this. Community land trusts enable communities to create the sort of housing that they want in their area, with the big advantage that it would be affordable houses that stay affordable in perpetuity. Unlike affordable houses built by councils, which can then be sold at the market rate the first time they change hands, community land trusts hold the houses for ever and allow them to be affordable to local people.

The last issue I will raise is provision of adequate toilet facilities. So many businesses have closed and, even when they are open, many are not allowing people to use their facilities. There could be real problems, especially with people drinking so much. I urge the Government to think about public toilets. Somehow in this century we do not like using them and we do not have many of them anymore. That is really something that we should consider.

Business and Planning Bill

Baroness Jones of Moulsecoomb Excerpts

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

[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.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is always a pleasure to follow my colleague the noble Baroness, Lady McIntosh of Pickering. I declare my interest as a vice-president of the LGA. This is an interesting section of amendments, because this is something we should be doing all the time. We should not have to insert it into legislation: it should be automatic. We have not only a considerable number of disabled people in our society but an ageing population. Speaking as someone who is ageing, I would like to think that such care and planning always happens, particularly with legislation of this kind. Even when it is temporary, it still matters.

It is obvious to us all that coronavirus has put life on hold. It has also given us a chance to change established ways of working. I note that many noble Lords have been talking about getting back to normal, but I argue that normal is not a particularly good place to return to. We should be thinking about how to make things better and not just repeating mistakes made in the past couple of hundred years. Increasingly, of course, given the changes in our population, we need to ensure that we are not imposing disabilities on people who are very active but have sight or movement problems.

The Bill should require that a minimum safe pavement area be left accessible—that is obvious—so that street furniture does not force pedestrians to walk in the road. That safe pavement space could vary depending on how busy the route is. Some high streets, for example, may have no safe encroachment area, which will cause large numbers of people to get too close together, but others might only require a metre or the 500 cm that the noble Lord, Lord Blencathra, spoke about—his was a pretty good speech. In any event, the Bill is currently deficient as it does nothing to address that issue, and the likely problems are obvious. Some councils have taken the opportunity during the coronavirus pandemic to close some streets to traffic and open them to pedestrians. That is obviously a wonderful way forward.

Consultation definitely needs to be improved for the emergency licensing regime. The measures proposed by the noble Lord, Lord Holmes, would maintain rapid licensing while helping to ensure that those who may be impacted can have their say and adapt the licensing accordingly. A system of appeal or reconsideration should be included in the Bill. It is natural that some mistakes will be made with such a rapid decision-making process, so it would be a good idea to include a provision that would remove these measures quickly as well. Judicial review should not be the only option to put things right. It is very cumbersome and slow.

Tucked into this group is Amendment 4 in the name of the noble Lord, Lord Lucas, which would allow licences for pavement spaces outside empty premises. That would be a worthy improvement to the Bill, making better use of empty premises and their adjacent pavements. It is a simple amendment and I hope that the Minister can accept it.

Business and Planning Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, the noble Lord, Lord Hunt, has covered the issue in an extremely lyrical way, so I will keep my remarks short. We all know how hard the arts scene and theatres have been hit by this health crisis. Amendment 51 is a thoughtful contribution to easing some of that burden and allowing the arts to make their own socially distanced recovery. Imagine a summer of outdoor performances and displays—hoping the weather is good—reconnecting communities safely. Physical distancing does not mean we have to be socially and emotionally distant. It would be wonderful if the Government could facilitate this amendment; they would be rightly celebrated for doing so. I am sure that the Minister is a keen supporter of the arts and so will look favourably on this amendment.

[Baroness Anelay of St Johns (Con)]

My Lords, I am grateful to my noble friend Lord Hunt for introducing his amendment so skilfully and lyrically, as was just said by the noble Baroness, Lady Jones. I welcome the measures that the Government have taken to enable open-air theatres to resume their operations. Mind you, unlike the noble Baroness, Lady Jones, I would not say this would be in good weather only. Perhaps, like me, she would enjoy the Minack Theatre in Cornwall, which goes on regardless of the interesting weather around it—and the audiences love it the same.

When my right honourable friend Oliver Dowden, the Secretary of State for Digital, Culture, Media and Sport, announced last Thursday that live performances could go ahead outside—“plays and music”, he said—he referred to the Minack Theatre. That press release refers to guidance, and the Minister will know that I am keen to ensure that guidance is as clear and timely as possible. It was timely, because the Minack Theatre immediately put its new programme up on its website. That is entirely within the guidance that has been published so far, which means advance purchase online and social distancing. Their productions include “Great Expectations”. My right honourable friend Oliver Dowden referred to plays, but “Great Expectations” will be interesting because it is presented by just one performer. That will be testing.

My request to the Minister is to ensure that the Government continue to talk closely to organisations presenting outside events because, by their very nature, they have had to scramble and work hard to make these performances available to the public. They are professional people, who want to do the best they can for their arts and their communities.

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[Lord Balfe (Con) [V]]

My Lords, I want to mention one particular amendment—Amendment 61, in the name of the noble Lord, Lord Hain—and then make some general comments. The planning pipeline problem has been with us for as long as I have been in politics. When I saw this amendment, I reflected that as long ago as 1975, I was invited by the then Environment Secretary, Mr Tony Crosland, to join a working party he had set up to deal with the planning pipeline. Unless we pass something like Amendment 61, we are never going to get on top of it because getting planning consent is not regarded by many developers as anything to do with getting the buildings up; it is to do with getting yourself a nice comfortable pipeline so that you can choose from a number of planning consents as to the way you can make the most money or the way in which you can manage to get your planning consent redesigned so that, as my noble friend Lord Blencathra said, 20 houses becomes 40 houses. I do not expect that the Minister will accept Amendment 61, but I hope that he will accept that it is vital to get to grips with the planning pipeline. That will involve a method of revoking consents, which is absolutely essential in getting these houses built that this country needs so badly.

I said that I would also make a general point. Nearly all the amendments in this group are about maintaining standards. It is very important that we do not get carried away with Bills like this to a point where we are getting rid of the standards that we have looked for and developed over so many years. Most of the standards, whether they be on animal protection, noise or the timing of developments, have been hard won and hard fought for. I hope that, in our general philosophical approach to this matter, we do not let standards be weakened out of panic. Of course we want to get the economy going again, but we do not want to do that by sacrificing all the gains we made in the past. Overall, without speaking specifically about any other amendments, I hope that the general thrust, which is the protection of rights already won, will be at the heart of the Government’s response to this set of amendments.

[Baroness Jones of Moulsecoomb [V]]

My Lords, having listened to the speeches of other noble Lords, I am beginning to wish that I had signed more amendments in this group. The noble Lord, Lord Hain, for example, on land banking, and the noble Lord, Lord Randall, both made excellent points, and I wish I had been involved in that.

I want to speak about construction permits, because the conditions that are placed on them at the moment are subject to a lengthy and intensive consultation and decision-making process. The conditions try to strike a balance between the competing interests of developing land and protecting the community and the wildlife around the development. I am deeply concerned that Clause 16 will throw much of that balance out of the window in favour of long construction days with little regard for the impact on the community—their rest, their sleep and their mental welfare—and on wildlife. Construction hours can already be long and noisy, routinely running from 8 am to 6 pm, especially at a time when large numbers of people are staying at home and, in the summer months, may have windows open or be outside. Therefore, extending construction hours will create an unacceptable noise burden for too many people.

I am also concerned about the impact that extended construction hours will have on the construction workers, many of whom are self-employed. What will the Government do to ensure that extended hours do not create unsafe working conditions or lead to other detriment for those workers? There might be limited situations in which extending construction hours is warranted, but generally Clause 16 is far too broad and will cause far too much disruption for local residents near noisy building sites.

[The Deputy Chairman of Committees]

The noble Lord, Lord Sheikh, has withdrawn from the list of speakers, so I call the noble Baroness, Lady Pinnock.

Business and Planning Bill

Baroness Jones of Moulsecoomb Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Baroness Neville-Rolfe (Con) [V]]

My Lords, I always take great pleasure in following the noble Baroness, Lady Bowles. I note that we debated many of these issues very well in Committee. Things have come on a great deal, and my noble friend the Deputy Leader has tabled a number of well-judged amendments and concessions in this and later groups.

I wish to reiterate the importance of balance. This legislation is intended to help businesses, particularly in the hard-pressed hospitality sector, so that they can get back to work, lure back customers and support broader economic recovery. We are concerned with temporary measures and must not confuse matters by adopting regulatory amendments, some of which we might feel would be well justified if we were talking about permanent laws. To my mind, we have already gone quite far enough and the detailed draft guidance—I think its extent will make many small businesses blanch—makes it quite clear that where a pavement licence is granted, clear access routes on the highway will need to be maintained, taking into account the needs of all users, including disabled people, as my noble friend Lord Blencathra made clear earlier. The guidance also requires applicants to fix a notice to the premises when they make their application.

The noble Lord, Lord Addington, made a good point about enforcement. I look forward to hearing from my noble friend the Minister on that.

We have to get the economy, our construction industry and our high streets going again if we are not to live through a number of frigid economic winters. In particular, our hospitality sector has been decimated and needs all the help it can get. We must stop debating this Bill with its temporary provisions and get it on to the statute book.

[Baroness Jones of Moulsecoomb (GP) [V]]

I declare my interest as a vice-president of the LGA. I am quite torn on these amendments, as I appreciate that the Government have moved and accommodated some of the problems, but I also see their compromise as insufficient to address the issues raised so well by the noble Lord, Lord Holmes.

The Government’s amendments tend to kick the issues into the long grass, leaving your Lordships to hope that Ministers will made the right decisions at the right time. That might mean bringing in the necessary provisions later through secondary legislation, which none of us likes very much. Instead of the Bill providing certainty that blind people and those with disabilities will be protected from unnecessary obstacles, the government amendments actually create uncertainty.

That uncertainty also exists for the many businesses that will be applying for pavement licences, which will have questions about all sorts of random conditions that might later be applied by central Government to their licence. For these reasons, I hope that the noble Earl the Minister can explain their plans and set out a clear timetable for bringing in secondary legislation for these amendments. Most importantly, I would ask him to give a clear assurance that blind and disabled people will be safe and will not be put into harm’s way by the Bill. I hope that he will do everything in his power to ensure that this remains the case.

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[Baroness Jones of Moulsecoomb [V]]

My Lords, I support Amendment 15 very strongly. I do not understand why on earth the Government are being so weak on this. They should accept that this is the way in which society is moving. Furthermore, why is Labour letting them? I have huge respect for the noble Baroness, Lady Wilcox of Newport, and I could not understand the rationale for Labour accepting the government amendments. The smell from e-cigarettes does not go very well with food either, so why on earth should we not ban those when we are trying to enjoy our food?

As we heard, thousands die from the complications of smoking. My mother, a lifelong smoker, did exactly that. It was decades ago, but I still miss her; she had an early death because of smoking. The damage from smoking was not clearly understood then—we understand it now, and we really should be doing something about it.

The noble Baroness, Lady Northover, spoke extremely well. I thought that she expressed her concerns and it was a brilliant speech; I was delighted that I agreed with her. I often agree, surprisingly, with the noble Baroness, Lady McIntosh, and I often support her amendments. She says that this is not very libertarian, so I ask: what about my liberty to breathe clean air? Road traffic and road safety campaigners that I meet come up against this all the time. We want the liberty to breathe clean air, and smoking does not allow that. Therefore, I wholeheartedly support Amendment 15 and I very much hope that it will go to a vote.

[Baroness Pinnock [V]]

My Lords, we have heard, as we did in Committee, powerful arguments about taking this opportunity to exclude smoking from new pavement licensed areas. The case for ensuring that those of us who do not wish to inhale second-hand smoke are not excluded from that enjoyment is well made.

The amendment in the name of my noble friend Lady Northover is a vital step in making our country smoke-free. It had strong and detailed arguments in support of it from the noble Baronesses, Lady Finlay and Lady Grey-Thompson, the noble Lords, Lord Faulkner and Lord Balfe, and many other noble Lords.

However, Amendment 11, in the name of the noble Baroness, Lady Wilcox of Newport, lacks clarity for businesses and shies away from the paramount public health concern. It is a cop-out. When an argument relies on pointing to the drafting issues of a stronger amendment, as hers did, you know that it is very weak.

We have heard that the overwhelming majority of people do not smoke: a mere 14% do. Protecting the interests of a minority does not extend to a situation where, by doing so, harm is created for the majority, as the noble Baroness, Lady Jones of Moulsecoomb, has just explained. Smoking kills and second-hand smoking kills. Surely the Government should take every opportunity to restrict it.

The choice is clear: do we use this opportunity to keep the health needs of customers paramount or not? The amendment of the noble Baroness, Lady Northover, is supported by the Local Government Association. I hope the Minister will provide a full response to the proposal of the noble Lord, Lord Hunt of Kings Heath, to have further consideration on Amendment 15 prior to Third Reading, so that progress on this issue can be made.

Other amendments on this matter fudge these vital health concerns, and we on these Benches wholeheartedly support the cross-party amendment in the name of my noble friend Lady Northover.

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[Baroness Neville-Rolfe [V]]

My Lords, I associate myself with what my noble friend Lady McIntosh said about the noble Lord, Lord Beith, and his late wife. I have nothing to say on this amendment and am delighted with the amendments the Government have brought forward. I also associate myself with the comments made by the noble Lords, Lord Stevenson and Lord Beith.

[Baroness Jones of Moulsecoomb [V]]

My Lords, I take this opportunity to say something positive about the Government because it is positive that the Minister has tabled amendments that tighten up the secondary legislation powers in the Bill. The Government routinely ask Parliament to grant excessively broad powers so that they can go off and make up their own laws. It would save a lot of time if they were to exercise self-restraint in writing Bills because, if they thought something like, “Let’s draft it as narrowly as possible without undermining the purpose of the Bill”, I think we would have fewer fights in your Lordships’ Chamber.

The amendments brought by the Government today will head off many of the potential problems raised in Committee and show how parliamentary scrutiny can bring the Government to the right place in the end.