Port of Southampton

Bernard Jenkin Excerpts

Wednesday 18th January 2012 Westminster Hall

[Mr Denham]

My hon. Friend is right. The involvement of Felixstowe’s owners in this matter gives a UK angle to the competition, but the blunt truth is that there is no reason to believe that the container work lost from Southampton will end up anywhere in the UK. If the effect is that ships go to Rotterdam and their cargo is broken down for trans-shipment, there is a huge loss to the entire UK economy. That is why a view of what is in the interests of the whole UK is crucial. We can have local fights, but we will look pretty ridiculous if we end up damaging the whole UK economy and sending the business elsewhere.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I congratulate the right hon. Gentleman on obtaining this debate. I support the burden of his remarks. The planning system has become obstructive, although it is understandable that Hutchison Ports, for example, should insist that rules that are being made to apply to it and stifling its investment programme should be applied evenly throughout the industry. That was the burden of its complaint.

Does the right hon. Gentleman agree—and support the Government on this point—that we need to renegotiate the habitats directive, because that is being used, as much as anything, to stymie and bog down important infrastructure projects for bogus, spurious technical and legal reasons, rather than genuine environmental reasons?

[Mr Denham]

I have some sympathy with the hon. Gentleman’s final point. If the objections were coming from Natural England, the Environment Agency, the RSPB and local environment organisations in Hampshire—even if they were using the habitats directive—I would understand their legitimacy. What people in Southampton cannot understand is that, essentially, technical and legal mistakes are being exploited to damage investment.

The hon. Gentleman properly represents his part of the country and his constituents. I hope that he will take back the message that Hutchinson’s may feel that it has made its point, but to continue to pursue this matter now would do enormous damage to the UK economy and to the port of Southampton.

[Mr Jenkin]

But the planning rules are the problem.

[Mr Denham]

Planning rules may be a problem, but they do not always necessarily need to be exploited to damage an investment.

In 2011, three years after the original application, the MMO issued consent. Two months later, Hutchison commenced judicial review proceedings in the High Court, alleging that the environmental impact assessment was defective. In June 2011, without discussion with ABP, the MMO, having listened to that objection, withdrew its consent. The critical issue is, as I understand it, that the judicial review application by Hutchison did not raise any issues that had not previously been raised in 2010 and that the MMO had every opportunity to consider. What actually happened is that the MMO had the chance to consider those objections and decided not to act on them, or decided that they did not have a substantial basis in fact, and issued the consent, but then, faced with a High Court challenge, changed its mind. It is another case where the MMO’s handing of the matter has badly let down everybody involved in the port of Southampton.

Since then, there has been further delay. ABP responded to further requests for analysis that it said it would deliver by 30 September 2011. Just three days before that date, the MMO asked ABP to produce additional information, which caused a further delay. Then—without going through all the twists and turns—there was a further lengthy delay before the MMO finally commenced the consultation on 11 January 2012.

I have gone over the history not to rake up old issues but to stress, for the benefit of the Minister with responsibility for shipping and ports, that the port of Southampton has been on the receiving end of particularly poor treatment by Government agencies, not just under this Government, but in the past. As a result, this major investment has yet to start. I will not hold the Minister or his predecessor, who will be contributing from the Opposition Front Bench, personally responsible for these errors. We know that these things happen deep in the depths of agencies far away, in normal circumstances, from ministerial decisions, but there are times when Ministers need to act.

I wrote to the Secretary of State for Environment, Food and Rural Affairs about this matter in August and again in September. I have to say that, although I am sure that the letters that I received were legally correct, there was no sense of urgency coming from the Department for Environment, Food and Rural Affairs on how the MMO would handle this matter. I was told that, since June, the MMO had maintained a single point of contact with ABP in Southampton and that, in July, it assigned a case team to the application. However, as I have said, that did not prevent further and later requests from the MMO to ABP for additional analysis and information that further delayed the project.

I wrote to the Prime Minister on 24 November. I hope that I am not unduly pompous as an ex-Minister, but there was a time when former Secretaries of State and Privy Counsellors who wrote to Prime Ministers would get a reply a from the Prime Minister or a Secretary of State. I am afraid that it took two months for the Prime Minister to get a junior Minister in DEFRA to send me back pretty much the same letter that I had got from the Secretary of State. There is no sense that the Downing street machine has grasped that it could play a role in making sure that this happens.

We are now at a critical point. The consultation is under way again—that is important—but the consultation period is six weeks. Objections must then be properly considered, because that is the legal process. The MMO must therefore consider objectively any issue raised so that, should it give approval, its decision cannot be challenged. The potential for delay is significant, and it is essential for the MMO to have sufficient resources and access to sufficient expertise to give the decision proper consideration. That is what I am asking the Minister to take away today and to take to his colleagues in DEFRA. We cannot have a situation in which either the MMO does not have the resources or expertise to consider the consultation responses properly or mistakes are made, thus laying the process open to further legal challenge.

I ask the Minister to consider one other factor. It is not for him or the House to constrain the courts, but in truth the move for judicial review came not from a statutory or voluntary environmental organisation, nor from any group that might be affected by the environmental impact of the port, but from a commercial operator, and it seems pretty clear that the motives were to inflict commercial damage on a rival. That raises a massive challenge to the Government’s plans to encourage infrastructure investment in the UK.