New Pylons: East Anglia

Debate between James Cartlidge and Richard Bacon

Tuesday 19th July 2022 Westminster Hall

[Mr Richard Bacon (South Norfolk) (Con)]

It is a pleasure to serve under your chairship, Mr Stringer. I reiterate the condolences of my colleagues to my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) on his loss. That was a brilliant speech by my hon. Friend the Member for South Suffolk (James Cartlidge), and I associate myself with nearly everything that nearly everyone has said. I am smiling at my constituency neighbour—my hon. Friend the Member for Bury St Edmunds (Jo Churchill)—whose constituency is behind Tesco and Morrisons in my constituency. We are neighbours, but if I were to go a few hundred yards to the east, my neighbour is a different Member of Parliament. I know Wortham Ling well—I walk my dogs near there.

I am interested in two aspects of this important debate. First, planning permission cannot be assumed and therefore a route cannot be assumed. I may have misinterpreted this, but that appeared to have come as a bit of a surprise to the Minister. He certainly looked round in alarm when one of my colleagues made that point. The second aspect is about time. My hon. Friend the Member for Harwich and North Essex mentioned judicial review. I do not want to repeat anything that has been said, but it is clear in the development in recent years of English administrative law—common law—that there is a law of consultation known as the Gunning principles, which are set out clearly and helpfully by the Local Government Association. There are four principles and they derive from a case in which Judge Stephen Sedley was in charge of the court: Regina v. Brent London Borough Council, ex parte Gunning—that is why they are called the Gunning principles. They are now clearly established and applied by the courts.

The first principle is that the proposals are still at a formative stage. The second is that there is sufficient information to give intelligent consideration. The third is that there is adequate time for consideration and response. The fourth, which has become increasingly important in recent cases, as opposed to earlier cases where the first three principles were given more weight, is that

“‘conscientious consideration’ must be given to the consultation responses before a decision is made”.

My hon. Friend the Member for Waveney (Peter Aldous) made a point about time. He said that “there must be no holdup” in the development of offshore wind. Amen to that—we all agree. The one way we can be absolutely sure there will be a huge holdup is if the lawyers get hold of this. If the Minister wants to be bogged down in judicial review and legal battles for years to come with no progress towards our net zero targets, all he has to do is ignore what all of us are saying, and I guarantee that that is where he will end up.

[James Cartlidge]

There is another email about the reasoning for the eastern link, and another reason was given was about the speed of delivery of an offshore link against the speed of building pylons. It says:

“The subsea link between Torness in East Lothian and Hawthorn Pit in County Durham needs to be in place by 2027. The link between Peterhead in Aberdeenshire and Drax in North Yorkshire is needed by 2029. While onshore AC overhead line options were considered, those were discounted because they would not be deliverable in the timescales that were required.”

Does that not show that going undersea can actually be quicker?