Deregulation Bill

Debate between Ben Wallace and Lord Mann

Monday 3rd February 2014 Commons Chamber

[John Mann]

I will not give a detailed exposition about climbing guides in France and Germany, save to say that they have a formalised responsibility for health and safety.

[Mr Wallace]

As a Parliamentary Private Secretary, I am sorry to break the convention of the House by rising to speak, but I am a qualified Austrian and British ski instructor, as well as an avalanche safety instructor, and I can tell the hon. Gentleman, to put him out of his misery, that a person’s qualification, by its recognition, gives them not only insurance, but cover from being sued, and that the people who grant the qualification are obliged under health and safety and other legislation to instruct people in accordance with recognised standards.

[John Mann]

The hon. Gentleman will therefore know that he has a legal duty, if he is taking people with him, to carry out a risk assessment, and the removal of precisely that legal duty is the danger of clause 1. That is the danger of ill-thought-through legislation—[Interruption.] Madam Deputy Speaker, I shall pause to ensure that Government Members are listening.

I can give another example of good regulation that was absent for a century but which the Government dare not include in the Bill. I am talking about safety at football stadiums. For 100 years, there was disaster after disaster—two at Ibrox; one at Bolton, Birmingham, Bradford and Hillsborough—but no effective regulation. It was a case of, “Make it up as you go along.” In 1968, a stand burned down at the stadium of the Minister without Portfolio’s local team, Nottingham Forest, but no safety regulation was brought in for football or sports stadiums. Had it been introduced, it would undoubtedly have covered wooden stands. A repeat incident took place in 1985 in a virtually identical stand, which shows the danger of not having effective regulation.

There is another contradiction with this Government. We have heard several times about the one in, two out principle, but the precise definition of “one in” is regulation under statutory instrument. The Department for Communities and Local Government has handed to local authorities regulation in disguise. Over the past year, the Government have put a range of regulatory barriers in the way of self-builders, but they have not classified it as new regulation. They have introduced the barrier of pre-planning consultation fees and extra charges on developers and new builders, and they have introduced the community infrastructure levy and applied it to self-builds, which is another form of regulation. Being a Nottinghamshire MP, the Minister will know that in Nottinghamshire self-building has come to a complete stop. The first local authority to apply the levy was Newark and Sherwood, since when there have been no self-builds. Builders are not building one or two-plot developments because of the burdens on industry.

The Government have gone further, however, and brought in the affordable housing levy for single dwellings, meaning that in Newark a builder or a couple wishing to build their own home have to face those barriers and pay up to £50,000 in new taxes. That is not counted as regulation, but I say it is regulation and a burden on business. In Nottinghamshire, the policy is decimating small family building companies that rely on this kind of work, which is why there are virtually no one, two or three-dwelling property starts in Nottinghamshire. Newark and Sherwood led the way, and others have followed, using new regulation—new burdens on small builders and aspiring home owners—brought in over the past 12 months.

I trust that the Minister will confirm that there will be a change and that these burdens—[Laughter.] The Minister for Government Policy laughs, but it is no laughing matter for the couple in Tuxford who are told they have to pay £64,000 in taxes before they can even start building their own property under policies introduced by this Government. I want confirmation in this debate that that burden on business will be classified as regulation. In terms of one in, two out, they can be classified as part of the in; at the moment, they are not. This is fundamental to the Government’s approach of shifting the burden on to the courts—we will see more cases going to court—and insurers under the pretext that this is all the fault of Labour regulation.

I will end on this—[Interruption.] I have never been in a debate like this, Madam Deputy Speaker, with such rudeness—