Town and Country Planning (Border Facilities and Infrastructure) (EU Exit) (England) Special Development Order 2020 (SI 2020/928)

Baroness Neville-Rolfe Excerpts

Thursday 11th February 2021 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, in speaking to this order, I express delight that I am following the noble Lord, Lord Berkeley, as he and I worked together, cross-party, on a number of issues.

I find myself in a dilemma today. I support all that the Government are doing to try to ease the adjustments and complexities of Brexit. They are right to speed up the planning process to provide for border-control measures and to provide for associated facilities and infrastructure. They have been preparing for some time, as I recall concerns expressed two years ago by the horticultural industry that the portaloos that it hires for their farm workers each year had been appropriated.

It was good to hear from the Minister earlier today that traffic is flowing freely, that only 2% to 3% of lorries have been turned back in Kent and that most relate to Covid tests or paperwork issues of their own making. I thank her for her courtesy. We both have links to Wiltshire, of course—she to Bybrook and I to Chilmark—and she has had a distinguished career in local government. I noted that representatives of Logistics UK told the EU Sub-Committee earlier this week that, in the experience of its members, delays have been relatively few and isolated in respect of specific sectors and routes. That is more promising than the prophets of doom expected.

On the other hand, as with so much to do with government at present, I am not happy about the lack of opportunity for scrutiny of this instrument. This measure, which, if badly managed, could have a profound effect on individual citizens and communities, was made as long ago as 3 September 2020 and came into effect on 24 September. Seven facilities have been approved, and I believe that a more controversial one near the historic white cliffs of Dover—already mentioned by the noble Baroness, Lady Randerson, and the noble Lord, Lord Berkeley—may be in the pipeline. This SI was drawn to the attention of the House by our excellent scrutiny committee on 17 September. It is now 11 February, nearly five months later. I am shocked by this. In that time, we have debated many less important measures and on many days the Grand Committee Room has been empty.

I am also very concerned that in the words of the website:

“There are no associated impact assessments for this legislation.”


This is exactly the sort of measure that would have benefited from that sort of analysis and, as it will last for five years, there is no excuse for not providing one. I know from being both a civil servant and a Minister in the past that, even if an impact assessment is partial, with several “tbcs”, it helps good decision-making and communication by identifying the benefits and who will be hurt and how. It forces a conversation with those likely to be concerned—small businesses, including cafes or garages, hauliers of all kinds, those constructing the facilities, government agencies, local and parish councils, civil society and so on. Indeed, as far as I am concerned, such analysis and consultation is a critical part of an effective planning system, whether leisurely or accelerated, as I accept has to be the case here. Moreover, I have noticed over the last 50 years that government departments, which are doing the constructing, have been responsible for some of the worst eyesores, although I recognise that here we are talking about temporary structures and car parks.

I note that the SI sets out a lot of detail required for each planning application—possibly too much, given that the permissions are temporary and that we need to avoid bureaucracy wherever we can. But, given the wide-ranging powers that the SI gives over the countryside and any buildings, perhaps the Minister can kindly provide more information today on what has been done, and is being done, under these special powers, how local people and local and national businesses are being affected, who has been consulted—a point made by the other speakers—and her plans going forward.

Finally—it is this that prompted me to speak today—I find it extraordinary that the measures will last for so long. Developments can take place until 31 December 2025 and the required reinstatement works have to be completed by 31 December 2026. This is an age away and well beyond the next general election. Why is the Minister not seeking renewal of these powers annually, as with some other emergency measures, so that we can examine what has been done, applaud progress that has been made by the Government and renew these draconian powers only if we all feel that that is justified? However, those reservations are certainly not sufficient for me to vote in favour of the regret Motion, which I do not support.