Exiting the European Union (Building and Buildings)

Debate between Christopher Pincher and Alan Brown

Wednesday 18th November 2020 Commons Chamber

[Christopher Pincher]

I am grateful to the hon. Gentleman for his intervention. He is a doughty campaigner for his constituents in Strangford and across Northern Ireland.

The amendments we are debating today are of a technical nature, but I can assure the hon. Gentleman that it is not the objective of these measures to inhibit in any way the transfer of goods between the Irish Republic and Northern Ireland or the transfer of goods between Northern Ireland and Great Britain. We want unfettered access to our mainland markets to continue, of course, for businesses and services in Northern Ireland. I will address those points in more detail in my remarks.

At the end of the transition period, the CPR becomes retained EU law and will form part of the United Kingdom’s legal system. We made the Construction Products (Amendment etc.) (EU Exit) Regulations in March 2019 to ensure its provisions will have practical application in the United Kingdom. That was, of course, before we had a withdrawal agreement or a Northern Ireland protocol.

Those 2019 regulations include the introduction of United Kingdom-wide provisions, such as the UKCA mark and UK-designated standards, in preparation for a no-deal Brexit but, of course, we have now left the European Union with a withdrawal agreement and a Northern Ireland protocol.

Without the amendments made by this instrument, the 2019 regulations would not be compliant with the Northern Ireland protocol, as they would have application to the whole United Kingdom, including Northern Ireland. Regulators would lack powers to enforce EU regulations in Northern Ireland, and manufacturers would not be able to test their products in the United Kingdom and affix the UKNI indication to place the product in the market.

The policy intent of these regulations is to keep the same requirements set out in the 2019 regulations in Great Britain but to introduce a Northern Ireland regime that complies with the Northern Ireland protocol. They do not change the key CPR requirements currently in place. The same standards will apply in Great Britain and Northern Ireland immediately after 31 December, as they did before the transition period, and products that meet Northern Ireland CPR requirements will have unfettered access to the market of Great Britain.

The effect of these regulations can be considered in three parts. First, they will amend the 2019 regulations so that current United Kingdom-wide provisions, such as UKCA marking and UK-designated standards, will become Great Britain-only provisions at the end of the transition period. A further effect of this territorial amendment is that it will ensure that EU construction products law will continue to apply in Northern Ireland, in line with the Northern Ireland protocol. As United Kingdom-designated standards will be identical to EU harmonised standards at the end of the transition period, there will be no change for businesses placing goods on the market in terms of the standards that must be met.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

I understand what the Minister is saying about standards still being the same when we leave the EU, but if we leave without a deal the UK will be a third country. What will that mean for the export to the EU of construction goods manufactured in the UK? Will a reciprocal arrangement have to be put in place to recognise those goods, so that they will not have to undergo additional checks and certification in the EU?

Planning Process: Probity

Debate between Christopher Pincher and Alan Brown

Thursday 11th June 2020 Commons Chamber

[Christopher Pincher]

One reason why my right hon. Friend the Secretary of State has called in the Mayor’s plan is that we believe it to be insufficient; it has a paucity of ambition for the sorts of houses and the number of houses we need in London. By his own admission, the Mayor is missing his own target. The reason why this particular application came before my right hon. Friend was the failure of the local authority to properly determine upon it. He came to the conclusion that it should go ahead because of the number of homes and of affordable homes that were going to be built—the sorts of homes the Mayor of London is not building.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

This is like the Dominic Cummings affair and we have a Minister defending the indefensible. When the Secretary of State personally approves a planning application a day before the deadline, which saves the developer £40 million of fees in infrastructure payments, it raises serious questions. When it transpires that the developer then donates to the Tory party, to the public this matter simply stinks. Worse, the Secretary of State’s actions overruled the planning decision of the local council and it was against his own Planning Inspectorate advice. Why did he think he knew better? Why do the Minister and the Secretary of State not think it would be better to have more affordable homes funded? Surely they must agree that a multi-millionaire funding a £1 billion development helps fund future infrastructure for the greater good. Why was the Secretary of State content with his decision until legal action was raised by Tower Hamlets Council? Why do the Government think it is acceptable for the Secretary of State to remain in place after an unlawful decision, which he admits shows apparent bias? This is a party whose former Prime Minister and current Prime Minister once auctioned off a tennis match with themselves for £160,000. Does the Minister understand what these fundraising events look like to the public when other decisions then get made that seem to favour those who attend the events? For a Tory Government, it is one rule for them and one rule for another. Fortunately for us in Scotland, many people in Scotland now see independence as a better option, because nothing the Minister can say gives confidence in this place.

[Christopher Pincher]

I am obliged to the hon. Gentleman for his question. As I said, it is not unusual for Ministers to look at and call in significant applications, and for them to come to a different conclusion from that of the Planning Inspectorate. My right hon. Friend’s reasons for his decision were clearly outlined in his decision letter of 14 January. He makes it clear that one reason for his decision to allow the application was the very significant number of homes that were going to be built as a result of it, including affordable homes. I might say in response to the hon. Gentleman that in the same week, in an application to the same authority, my right hon. Friend came to a very different conclusion when he refused a planning application made by and supported by the local authority to demolish the Whitechapel Bell Foundry, the one that created Big Ben and the Liberty bell. The local authority, the well-known tribunes of the people in Tower Hamlets, wanted to demolish it and build a luxury boutique hotel. My right hon. Friend will always come down on an application based on its merits and in the interests of the people. That is what he did on this occasion and that is what he will always do.