(3 weeks ago)
Commons ChamberI beg to move amendment 1, in clause 2, page 4, line 37, at end insert—
“(3A) In section 114 (subordinate legislation: particular provisions), in subsection (1), after ‘sections’ insert ‘12B,’”.
This enables regulations made under new section 12B of the Scotland Act 1998 (as inserted by clause 2) to be exercised by modifying provision made by or under that Act.
I am pleased to be in the Chamber today. I thank all Members who have taken part in the passage of the Bill so far. It addresses an issue that needs to be resolved at pace to ensure that electors in Scotland and Wales can benefit in time for their devolved parliamentary elections next May. I am grateful to the House for the unanimous support I have received.
I hope to complete the Commons passage of this important Bill today, but before that is possible, a minor and technical amendment must be made. Amendment 1 to clause 2 amends the power in proposed new section 12B of the Scotland Act 1998 to expressly indicate that the power can be used to amend secondary legislation made under the Act. The amendment came at the request of the Scottish Government to correct an oversight concerning how their devolved legislation operates and how the Bill will be implemented.
Does my hon. Friend agree that the UK Government’s focus, under the Secretary of State for Scotland, on working closely with the Scottish Government—where possible, to be pragmatic—is important? It has secured an amendment to the Bill that will be of benefit to the voters in Baillieston in my constituency, who go to the polling stations at Broomhouse Hall and in the wonderful primary schools of Garrowhill, Swinton, Caledonia and St Bridget’s.
Yes, I agree. There has been support from the Scottish Government and we have been working in co-operation. How the Bill will be implemented by the Scottish Government is a core part of the amendment.
Without the amendment, the Bill could still deliver on its purpose. However, the Scottish Government would have to repeal and restate the entire Scottish Parliament (Elections etc.) Order 2015 with renewed provisions. The amendment seeks to remedy that oversight and ensure that the Scottish Government are able to implement the Bill in their own devolved legislation, so that Scottish electors may benefit in time for the May 2026 Scottish Parliament elections.
It is unfortunate to need to make a technical amendment this late in the process of parliamentary scrutiny, particularly given that the error could have been identified some time ago, but I am glad to be able to assist the Scottish Government with this matter. I commend the amendment to the House.
I beg to move, That the Bill be now read the Third time.
With your leave, Madam Deputy Speaker, I want to thank hon. Members across the House for their contributions during the various stages of the Bill’s passage. I also thank the civil servants in the registration and franchise policy team and the Public Bill Office in Parliament for providing me with so much support with the Bill—I can confirm that I have received quite an education in the legislative process. I pay particular tribute to my hon. Friend the Minister for her steadfast support throughout the passage of this Bill.
The introduction of the online absent voting application service has given electors in England, Scotland and Wales the option to apply online for a postal or proxy vote in UK general elections. Electors in England are also given the option to use the online service to apply for a postal or proxy vote for all other types of election that they can participate in; unfortunately, the same cannot be said for voters in Scotland and Wales. As it stands, voters in Scotland and Wales face a fragmented system in which they may apply online for a postal or proxy vote for a UK general election but still rely on filling out paper forms for their local council or devolved Parliament elections. The Bill enables that inconsistency to be ended.
In short, the Bill will allow for the extension of the same online application options to voters in Scotland and Wales for devolved elections. The goal is to have the measures in place ahead of the devolved elections scheduled for May 2026. I have emphasised this before, but I again stress the importance of devolution. The responsibility for local elections and elections to the Scottish Parliament and Senedd Cymru is rightfully devolved to the respective nations. The Bill has been drafted to ensure that devolution is respected, with the proposals having been discussed with Ministers from both the Scottish and Welsh Governments. Alongside support from those Governments, the Bill has enjoyed cross-party support throughout its passage.
My hon. Friend—who recently had her birthday—is quite right to emphasise the importance of good working between the Scottish Government and the Westminster Government to ensure that the voting rules are harmonised. Will she outline how that benefits voters at Eastbank primary school and Eastbank academy in Shettleston in my wonderful seat?
I would imagine it means they will get an extra day off school for the elections, which most kids enjoy.
The Bill enhances democracy. Last year, when the general election was called, it was quite tricky for Scottish voters because there was a tight time window; the Bill will allow people to apply more easily for access to a ballot if they are going to be away on holiday. It has also been welcomed by the electoral sector, which recognises the benefits of expanding a streamlined and secure system. This is testament to what can be achieved when we work collaboratively across Governments and parties in the interests of democratic participation, as my hon. Friend the Member for Glasgow East (John Grady) mentioned. I hope the Bill will proceed through this House and swiftly move to the other place, and I urge Members to support its passage today.
I congratulate my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) on getting this Bill to its Third Reading and getting both sides of the House behind it, although I note that there are no SNP Members in the Chamber. I am a proud Member for an English constituency, but we in Newcastle-under-Lyme have seen the benefit of a system that defends and supports the franchise and ensures that people are able to have their say. As such, I wanted to gently contribute to this debate, to give my support to my hon. Friend and encourage colleagues to get behind the Bill.
Democracy is important. It is so important that we discuss the Bill, ensuring that people up and down the United Kingdom, including in Wales and Scotland, are able to hold their elected politicians to account to ensure that their decisions reflect their views. We do so on the first anniversary of this Labour Government—that speaks very much to the power of the vote. The Bill is about ensuring that people have as much support as possible to vote, to have their say, to shape the future and, as I say, to hold their elected representatives to account at local and devolved level in Scotland and Wales.
I used to work for a Welsh MP, and I lived in Scotland and also worked for a Scottish MP before my election to this House, so I well recall the challenges and experiences.
My hon. Friend is the Member of Parliament for the wonderful place of Newcastle-under-Lyme. Does he agree that the purpose of the Bill is to bring some much-needed consistency to voting arrangements across our family of nations? Voters in Newcastle-under-Lyme, Newcastle upon Tyne or the wonderful Newcastleton in Scottish Borders should all be able to vote in a reasonably consistent way.
My hon. Friend makes an important point. I am an English MP; we are talking about Scotland and Wales; and my wife is from Northern Ireland. Our four nations are very much represented in my short contribution to this debate.
I have seen personally the ease of the postal and proxy vote system. I love to vote in person, but those in the west midlands Labour party are hard taskmasters and encourage us to vote by post so that we can be knocking on doors, seeing my hon. Friend the Minister beating Torys where and when we can. However, making it easier to vote for people who have health or family issues, or who are called away for work and the rest, is vital. We have seen the consequences—the threats to our democracy—of people not thinking that politics represents them and their issues, and does not involve or include them. We must think about what we can do to neutralise those concerns and those fears, as my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) has done so brilliantly in her Bill, notwithstanding her technical amendment, which was supported by the House. It speaks for itself.
I am grateful to you for calling me, Madam Deputy Speaker. I am here to support my hon. Friend before I get the train home, and I look forward to the Bill successfully passing its Third Reading.
I commend my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) for bringing forward the Bill, which I rise to support. It seeks not only to modernise our democratic processes but to safeguard the rights of every citizen across the devolved nations of the UK. At its heart, the Bill is about strengthening participation and ensuring that no one is left without a voice in our democratic institutions. In particular, it seeks to streamline and clarify the mechanisms for absentee voting—by post or by proxy—in the Scottish Parliament and in the Senedd Cymru elections, to align them more effectively with the broader UK framework while respecting the integrity of the devolved powers.
The right to vote is the bedrock of our democracy, but a right is meaningful only if it can be exercised in practice. Too many voters across Scotland and Wales, especially those in rural areas, students, those with disabilities and military personnel, have faced avoidable barriers to postal or proxy voting. Inconsistent regulations and outdated application processes have led to confusion and delays, and the result is that people are prevented from participating in our democracy. They may be serving overseas or temporarily relocated for work or on caring duties for a loved one—playing a vital part in our society or our economy—yet they are penalised for it by being unable to vote.
The Bill’s reforms are sensible and pragmatic and aim to standardise the application procedures for such votes, improving the accessibility and transparency of the system but keeping it inclusive and fair. I am well assured that in doing so, the Bill does not seek to override or diminish the autonomy of the Scottish Parliament or Senedd Cymru, but rather offer a legislative framework that can be adopted in co-operation with them. It should be seen as an opportunity for collaboration—a chance for all corners of the UK to work together to improve the democratic process for every voter. A voter in Aberdeen should have exactly the same confidence in the integrity and accessibility of their vote as my constituents in Aylesbury have. Uniformity strengthens, rather than weakens, our Union and our democracy.
I want to make a wider point about the context. We have seen a decline in voter turnout in recent years, especially among younger and transient populations. I think that stems from the wider challenge that we have in society of young people, and people more broadly, feeling a bit disillusioned and disengaged from politics.
My hon. Friend mentions the lack of enthusiasm for voting among some young people. That is a real problem in Scotland. Does she agree that one potential explanation is the catastrophic decline of education standards, the insolvency of universities in Scotland and so forth? That may be contributing to a decline in voter enthusiasm.
I agree; the education system plays a big part. I thank my hon. Friend for making that point, which brings me to a related point.
I recently ran a work experience programme for a fantastic group of 16 to 18-year-olds in Aylesbury, and I asked the students to come up with ideas for what more the Government could do for young people in this country. One group came straight to this point of politics, democracy and law. I thank the young people in that group—Ruqaiya Begum, Jacob McNorton, Munashe Ndoro, Georgia Bolland and Alex Foster—for their suggestions. Their ask of the Government was that we give the school curriculum a much greater focus on voting systems, political awareness, civic engagement, the rule of law and human rights. They were spot on, and we had great discussions about how that should help to increase understanding, engagement and participation in our democracy. I shared my hopes that our manifesto commitment to lower the voting age from 18 to 16 in general elections will help to do just that. I really hope that we as a Government will take that forward as quickly as possible.
I am obliged to my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) for introducing this important piece of legislation. For hon. Members who do not know Edinburgh North and Leith, the word “and” is very important in the name of that constituency: Leith is quite separate from Edinburgh—it is a separate city and a wonderful city too. I have many fond memories of being in my hon. Friend’s constituency, because I studied in Edinburgh and I was involved in the Children’s Holiday Venture charity, which is still going strong. Students would take children who had been referred by social workers out swimming, ice skating or away to the countryside for the weekend. I loved my time with that charity, known as “The Students” in Pilton, in my hon. Friend’s seat.
The Bill tackles the important issue of trust in politics. In a way, it is mechanistic, in that it looks at mechanisms for voting, but trust in politics is damaged if people feel that they cannot exercise their right to vote because they have been excluded by being disabled, on holiday or for other reasons. People’s trust in politics is damaged if they feel that they are prevented from voting for reasons that they, quite properly, view as being archaic and anachronistic.
These issues were raised with me during the last general election campaign, as it took place during the Scottish school holidays. We have different school holiday dates in Scotland. They start earlier because our harvests are earlier—not very important in Glasgow East, where there are no farms whatsoever. People felt excluded from voting because they had gone on holiday, and the arrangements did not run as well as they ought to have done.
The Bill gives the Scottish and Welsh Governments concurrent powers to introduce regulations to enable applications for postal and proxy votes for the devolved Administrations to be made online using the Government Digital Service. That will make it easier for my constituents in Carmyle, a wonderful mining village, to vote. The Bill also aligns postal voting renewal cycles. This is confusing for me, but postal voting cycles in Scotland are not aligned, and postal votes are very important for many people. That will help, for example, a postal voter in Mount Vernon who cannot get to Mount Vernon primary school to exercise their right to vote. That is important for confidence in democracy.
Other examples of divergence are set out well in the explanatory notes, which were pulled together by my hon. Friend the Member for Edinburgh North and Leith and the relevant Department. It is important to minimise divergence in this area and harmonise the rules, because people will question our democracy if those in, for example, Wishaw and Tollcross—I spoke about it earlier, with its wonderful park—are subject to different rules from, say, relatives in Northumberland, Newcastle, Corby or London.
That has been the subject of comment in reports by the Electoral Commission and the Electoral Management Board for Scotland, which does much important work in scrutinising election rules. I understand that PACAC also took an interest in it. It is important that these rules operate effectively so that, for example, constituents of mine in Calton and Bridgeton—voting, perhaps, at Bridgeton library, Sacred Heart primary school or Dalmarnock primary school—can cast their votes. It is important that those bodies keep this under control.
The Bill results from close working with the UK Government and the Scottish Government. The Secretary of State for Scotland has put a lot of work into ensuring that the Governments work together where possible for the good of people in Scotland.
My hon. Friend has highlighted PACAC’s work scrutinising elections. As Parliament’s Select Committee that is overseeing this part of the process, we produced recommendations on behalf of the United Kingdom as a whole. Given that the Bill will devolve to Scottish Government representatives more delegated legislation powers around implementation, does he think it is important that we have a close link between our own Select Committees and those in Scotland and Wales, to ensure that the right lessons are learned and implemented across the whole United Kingdom, rather than just in any one of its constituent parts?
That is a very good point, and I suggest that the Chair of PACAC picks it up with the Chair of the Scottish Affairs Committee. There are learnings from what happens in Scotland that we can apply in the rest of our family of nations, and vice versa—although I would say that there are no learnings that we can draw from the SNP Government on running a health service, which is in a catastrophic state in Scotland. Speaking of the health service, which is suffering in Scotland, it is important—
Order. I remind Members that we really ought to stay in scope and discuss absent voting in Scotland and Wales, and not necessarily the health service.
I do apologise, Madam Deputy Speaker. I was just coming to the point that this Bill is so important because voters need to be able to exercise their right to vote to express their views on the management of councils and the Government in Scotland, and the Bill enables people to do so. I apologise for appearing to stray slightly, but it was bringing me to that important point. With that, Madam Deputy Speaker, I think we have heard enough from me.
My hon. Friend the Member for Broadland and Fakenham (Jerome Mayhew) just said that he could not think of anything worse, but I absolutely agree with the hon. Gentleman. I saw something very special in him when we battled together. He was in the year above me, though hon. Members might not think so from looking at him. I absolutely agree that universities can be at the forefront and heart of early democratic engagement, and can shape people’s views and political compass. I am perfectly willing to say in this House that my politics 15, 16 or 17 years ago were very different from my politics today. That is down to the genuinely open nature of debates in this Chamber and, most importantly, on university campuses.
I am feeling a bit left out, because the hon. Member for Glasgow East (John Grady) regularly intervened on others but has not intervened on me. He gave a staunch defence of the Bill in some particularly pertinent areas, and talked about other areas that are maybe not so pertinent. I will watch him over the next four years. I wonder how many schools in his constituency he has mentioned in his first 12 months in this House.
I thank the hon. Gentleman for his kind words. Having spent a lot of time with him on the Planning and Infrastructure Bill Committee, I know that the charming way in which he presents his submissions would enhance people’s trust in politics, including those voting at Calton Parkhead parish church hall. I am obliged.
The hon. Gentleman never lets me down. I hope he does not say that within earshot of the Leader of the Opposition, but I can promise her on the Floor of the House that she has nothing to worry about from me. Like him, I will carry on engaging in debates in this House. Where we do not agree, we can do so in a nice, polite and respectful way. We are talking about enhancing democracy for the people of Scotland through this legislation; the way that Members have conducted themselves today serves as a lesson on how people should conduct themselves. I am not talking about any specific parties.
The Bill is welcome, and makes the necessary provisions to ensure that where there is divergence, the whole of Great Britain’s shared democratic values are brought into closer practical alignment. It supports the unity of our democratic system while respecting the devolved nations’ identities. The Conservative party will always look to bridge the gaps between the constituent national communities that make our country so vibrant.
In my role on the Opposition Front Bench, I spend much of my time fighting against what I perceive to be the Government’s repeated attempts to strip local people of their agency and voice. I have had disagreements with the hon. Member for Glasgow East on the Planning and Infrastructure Bill, but this Bill is refreshing. Frankly, it is a relief to be able to support the work of the hon. Member for Edinburgh North and Leith, who has brought forward a Bill that empowers, rather than undermines, our citizens. Specifically, we welcome the provisions that make it easier for people across Scotland and Wales to participate in elections. This Bill honours the principle that democracy should be accessible to all, not a privilege for the few. That is a principle that we on the Conservative Benches will always defend, as I know the Minister does through her role.
Accessibility is vital, but so too is security. Protecting the integrity of our elections and guarding against fraud or interference is a core responsibility of any Government. Ministers must take decisive and proactive steps, while modernising and reforming our system, to prevent malign influence, whether domestic or foreign.
We do not have to look for long to see instances of electoral interference from foreign state and non-state actors. Indeed, most recently, it was reported that dozens of anonymous pro Scottish independence X accounts allegedly operated by Iran’s Islamic Revolutionary Guard Corps have gone silent since Israel launched strikes on Iranian military and cyber targets on 12 June. The accounts, which seemed to use fake Scottish identities to spread anti-UK sentiment, were identified by Clemson University researchers as being part of a suspected foreign influence campaign.
That example is one among many, and it illustrates an important point that we all must take seriously. That is why I welcome the Government’s stated commitment to working closely with the Electoral Commission and others to protect the integrity, security and effectiveness of UK elections and referendums. I urge them to ensure that this is not just rhetoric but reality.
It is right to note that the Bill builds on work by the previous Government, including the Elections Act 2022, which took important steps to strengthen the security of our democratic processes, introducing requirements such as digital imprints on online campaign materials and enhancing transparency in political funding. Those were much-needed reforms, and it was a shame that legislative consent was not given to those measures in 2022. The Bill now mitigates the effect of that decision.
As the hon. Member for Edinburgh North and Leith said, the inclusion of identity verification for postal and proxy vote applications is another necessary measure to close off vulnerabilities in our system. There must not be a mismatch between how people register by post and how they do so digitally. These are technical details, but their impact on the integrity of our electoral process is profound. We must not allow inconsistent standards to become weak spots in our democracy, because we can be sure that our adversaries abroad would use those to divide us and cause chaos in any way they can.
This Bill represents a sensible and timely move to enhance voter access and uphold the integrity of our electoral system. By aligning absent voting procedures in devolved elections with those across the rest of the United Kingdom, it helps to modernise and safeguard our democratic processes for the future. Crucially, it also empowers voters in Scotland and Wales by making participation in elections simpler and more accessible.
I must reiterate what I said on Second Reading: I urge the Government to abandon their plans to water down voter ID requirements. They have found it within themselves to make U-turns in other areas. Today we are legislating to make voting easier for people while maintaining adequate security, but we cannot also have the Government watering down voter ID requirements, which would reduce security in our voting system.
On that rare note of disharmony during an afternoon of unity, I congratulate the hon. Member for Edinburgh North and Leith again on the constructive and inclusive approach that she has taken. I look forward to seeing this legislation on the statute book. Let us see whether she brings more legislation forward over the next four years to make a real difference in this country.
(2 months ago)
Public Bill CommitteesMy hon. Friend raises a good point; in fact, we have tabled some amendments on targets regarding small and medium-sized enterprises. He is right that we must ensure that development is not just carried out by the usual large-scale developers; we must bring vibrancy into the sector and, more importantly, allow local authorities to make those decisions.
On retirement villages, the system does not work, but new clause 50 would allow local authorities to have the authority to focus on the demographics and first-time buyers. It would ensure that SME builders are allowed to be designated by the local authority to build those houses.
It is shameful that, for the first time in a long time, housing policy in this country does not have any incentives for first-time buyers. This point relates to the new clause, Ms Jardine. For the first time, we do not have incentives such as stamp duty relief or Help to Buy, so I hope that the Minister’s disruptive and radical solutions, which he teasingly announced, will include incentivisation. That would allow local authorities to say, “We have a lot of young people who should be entitled to be on the housing ladder; we want to put some first-time incentives into our local plans.”
On assistance for first-time buyers, is the lifetime ISA not still in operation?
(2 months, 1 week ago)
Public Bill CommitteesGood morning, Mrs Hobhouse, it is especially a pleasure to serve with you in the Chair. Liberal Democrats are supportive of a scheme to encourage long-duration energy storage and, for that reason, are generally supportive of the clause. Long-duration energy storage is crucially needed, including, of course, battery storage.
There are instances of fires in battery storage facilities, but there is no reason why they should not be built safely—they can and are built safely. We ask the Ministers to consider whether fire brigades should be statutory consultees in applications for battery storage proposals. That is not the case at the moment, which seems perverse, given that there is an acknowledged fire risk that needs to, and can, be dealt with. We should have fire services as statutory consultees to ensure that happens.
I rise simply to support the provision. The first point to note is that this sort of technology has always been critical for the electricity system, which is why we have plants such as Cruachan in Scotland—which I commend to everyone as a great place to visit on their summer holidays—and Dinorwig in Wales. We need more investment in this.
As someone who has been involved in the energy sector for almost 30 years, the simple fact of the matter is that this technology will not be invested in without additional support. The plan for a cap and floor mechanism is well worked through, and has a reasonable pedigree in the electricity industry for supporting investment. Clause 21 seeks to introduce that. Quite properly, it is technology-agnostic, because there is a great deal of innovation in this sector. The provision is important for decarbonisation, energy security and jobs across the British Isles; I therefore support it.
Before I call the Minister, I remind Members to please indicate a little bit more clearly to me—preferably at the beginning of a debate—whether you want to speak.
I thank all hon. Members for their contributions and their recognition, first and foremost, of the important role that long-duration energy storage plays in our system. My hon. Friend the Member for Glasgow East referred to Cruachan—the hollow mountain —and I think there is barely a person in Scotland who has never been on a school trip to there. I would recommend it to anyone; it is a fantastic example of not just how important this is to our energy system, but the engineering that has lasted a significant number of decades and still runs on our system. It plays an incredibly important role.
The shadow Minister, the hon. Member for Hamble Valley, raised a number of important questions. Ofgem has consulted on the process for the first window of the cap and floor scheme. It has published detailed, technical guidance on what we would expect those projects to be able to deliver. We, and Ofgem as the regulator, have very deliberately been technology-agnostic to allow more of these innovative projects to come forward. That first round will run its course, but we absolutely would expect that Ofgem and the Government will look at the results of that review and see if there are areas that we might improve on for a further round if that is deemed necessary. We will keep the scheme constantly under review.
The cap and floor scheme that Ofgem has run for interconnectors has been an incredibly successful way of delivering value for money for consumers and of giving that revenue certainty over the long term. It is a model that works very well. We will review the projects that move forward in the scheme. As I outlined, there are technical requirements that they must meet, but there will also be a process of ensuring that the projects deliver value for money for consumers.
The hon. Member for Taunton and Wellington rightly recognises the role that LDES plays in the mix. We could see some battery projects coming forward in this round. Traditionally, they have not been part of long-duration energy storage, but that technology is moving forward rapidly and some might be able to bid into this process. There are some really innovative projects in that space.
It is important to take the question of how we deal with safety risks for batteries in a balanced way. There are safety incidents for a whole range of infrastructure in our country; some get a lot more attention than others in the media, and we need to be careful not to draw more attention to one particular technology at the exclusion of others. But the hon. Member for Taunton and Wellington is right that safety should be paramount in everything we do with every energy system and every part of infrastructure.
We are looking at the wider question of how we might introduce additional safety measures on battery storage sites more generally, not just as part of the LDES scheme. The Health and Safety Executive has a key role in regulating battery designers, installers and operators to ensure that they take the necessary measures to ensure health and safety. It is an important step, and one that we take seriously.
(2 months, 3 weeks ago)
Public Bill CommitteesThe hon. Gentleman raises another example of a failing that could have been addressed by parliamentary scrutiny.
Hon. Members may be wondering why I am referring to the acoustic fish deterrent, but the fact is that such concerns do matter to people, and people do care about species loss and habitat loss. A simple change in Government policy—for example, a ministerial speech changing Government guidance—could provide a pretext or a basis for a change to a national policy statement without any parliamentary scrutiny. Therefore, if the NPS changed, EDF would be allowed to get rid of its acoustic fish deterrent, and there would be no further scrutiny on that basis, but that is not a good way to make policy.
Does the hon. Gentleman agree that people are also very concerned about the anaemic economic growth in the United Kingdom over the past 14 years, as well as the housing and energy crises, and that the Bill seeks to strike a balance between all these competing considerations? At the moment, we do not have a balance—the balance is against development—and we desperately need developments such as Hinkley that create brilliant, well-paid jobs, including for many young people in south-west England.
The hon. Gentleman is right: many of my constituents appreciate the opportunities that the Hinkley development provides them. Perhaps he is right that the decision should be wafted into a quick policy statement and then whacked into the NPS, so EDF can get rid of its fish deterrent for the sake of economic growth and the jobs that he is talking about—but surely Parliament should have some say on these crucial questions of balance between economic objectives and objectives around the natural environment.
It is a pleasure to serve under your chairship, Mrs Hobhouse, as I should have said earlier. There are three reasons why I, too, have concerns about new clauses 44 and 45 and the removal of the requirement for pre-application consultation.
First, pre-application consultation is often a very useful process, as a way of highlighting and addressing issues between developers and other stakeholders before we get to the formal, structured, legalistic processes. There was a case in Suffolk in which engagement between the Wildlife Trust and National Grid resulted in the trust’s concerns being addressed in such a way that they did not have to be raised in a more legalistic way later in the process. Pre-application consultation is useful and productive for all parties. It is not for developers to decide whether pre-application consultation will be useful in a particular case, but there should be a statutory requirement for key stakeholders, such as local authorities, to be consulted in that way.
My second concern is that the replacement guidance requirements set out in new clause 45 do not provide sufficient clarity for developers, communities and other stakeholders, or for the Planning Inspectorate, on what pre-application engagement is required specifically, because the wording is too vague to provide sufficient clarity. “Have regard to” is a relatively weak duty, while
“what the Secretary of State considers to be best practice in terms of the steps they might take”
is very vague language. It would be open to interpretation and potentially to contestation, which could be unhelpful to speeding up the process in the way we seek.
My third concern, notwithstanding individual examples of processes that might have been held up, is that generally speaking pre-application consultation and public engagement is not the main constraint on the rapid processing of such applications. I understand that research conducted by Cavendish in 2024 looked at DCO consent times from 2011 to 2023. It found that for the first 70 projects going through the DCO process up until 2017, the response time was pretty reasonable. What changed in 2017? It was not the pre-application consultation requirements, which remained the same throughout the process.
Political chaos is what caused the change. Cavendish’s report identifies that it was political turmoil and manoeuvring that caused delays to happen once projects reached the Secretary of State’s desk—I see my Conservative colleague, the hon. Member for Ruislip, Northwood and Pinner, nodding. Who was in government at that time? We had the turnover of Prime Ministers, Ministers and so forth. Bearing all that in mind—the fact that pre-application consultation is a very useful way of deconflicting issues of contestation, the fact that the replacement guidance is so vague as to be unhelpful and itself probably subject to test, and the fact that this is the wrong solution to the problem of delays—I am concerned.
I am grateful. It is a pleasure to serve under your chairship, Mrs Hobhouse.
Is the hon. Member disagreeing with the evidence that we heard from Catherine Howard, one of the most eminent planning lawyers in the United Kingdom? Catherine Howard said:
“We cannot magic up more comms consultants, lawyers, environmental impact assessment consultants and planning consultants in that period, so we desperately need a way to apply those professionals most efficiently in a really focused way across all the projects we need.”
She then went on to talk about the pre-app process, which has gone up from 14 months to 27 months:
“I suspect it is even longer now…The pre-app is always something I feel I have to apologise for and explain, and give the best story about how quick it might be”.––[Official Report, Planning and Infrastructure Public Bill Committee, 24 April 2025; c. 67, Q86.]
She explained that investors welcome this change. The pre-application process, in the mind of investors who want to invest in clean energy projects that lower carbon emissions and other critical infrastructure, is a very material source of delays, according to that witness.
I am aware that Cavendish is a consultancy company. It is perfectly reasonable to make that observation. Most people—I mean, pretty much anyone—who will ever give evidence or produce a report will have some sort of interest. We are not saying that anyone who works in the planning system in any way cannot have a viewpoint that is objective, evidence-based and so forth. There are clear examples of processes that have got stuck. I am concerned not only about unsticking the planning process, but about the proposal to let the pendulum swing too far away from the opportunity to have meaningful pre-application consultation that could be more effective than waiting until things bang up against each other further on in the process.
(3 months ago)
Public Bill CommitteesGuidance?
Councillor Clewer: Yes. Pretty firm guidance, but still guidance, with the ability where you really have the nuance to be able to work around it.
Councillor Hug: It goes to the point about having a common core of things, with certain things that apply in certain areas but then a space for guidance on top of that.
Councillor Wright: I agree that it should be guidance, not mandatory. We always seem to see policy brought forward on the basis that there is a problem. Perhaps for once we could go out to where planning is actually done well—where authorities have gone through modernisation and done things in the way you would expect them to be done—and work with those authorities, instead of assuming that there is a problem in the planning system.
Also, how far will this delegation go? If it turns into nothing more than delegation that is almost similar to permitted development rights, if people think that that is not dangerous, they should look at a picture of Terminus House in Harlow. They would see somewhere where they would not want to live. Members were nowhere near that.
Q
Councillor Clewer: I agree that there are areas at the moment where planning simply delays or blocks infrastructure provision. That needs changing; I absolutely agree with that. I suspect people will judge the extent to which it needs changing based on where they live and the specific infrastructure that they are facing, but I think that that needs unblocking.
You need to be very careful with the assumption that the Bill will build more houses. It will not build more houses. The Bill, and the reforms that we have seen to the NPPF, will see more planning permissions. I have 18,837 extant planning permissions in Wiltshire at the moment. Developers told me that they could build only about 6,000 the last time I asked them, which strangely enough was just under the four-year housing land supply under the last Government. I am sure that if I asked them today, they would say that they could build just about 8,000.
I have 2,400 houses south of Trowbridge that have been stuck, failing to get the section 106 agreement signed, for something like 14 years. There has to be something in the Bill that forces building. If we are to issue planning, it has to come with the actual development. We have to compel. If developers have signed a commitment that they will complete houses on whatever basis and have fallen behind, they need to start paying the council tax on them or something. At the moment, the Bill is not going to do that, I am afraid. I do not see anything in it that will actually achieve that.
Councillor Hug: I support Richard’s point about working for more “use it or lose it” powers to ensure that planning permission does not just go on the books to raise land value and not do much else, although I note the points about hope value and everything. We recognise that there is a whole heap of challenges to delivery that sit outside the scope of the Bill.
On the Bill, we support the Government’s general principles about clarification and simplification. We recognise that the strong national growth and infrastructure demands open up some of the opportunities for green energy and all sorts of other things that we are calling for in local government.
I want to draw attention to the work being done on planning fees. Ensuring that local authorities have the best possible remuneration for the work to make sure they are covering their costs fully is key to making the system work well to deliver the outcomes that you are looking for. But we recognise that that alone will not deal with it, so we have to look at how we can further strengthen the planning workforce. Again, that is about making sure that the language does not say that the planning system or the planners are the problem. We want people to go into the industry and we want them to do it, but the planning fee stuff is helpful in supporting that.
We support the principles, but the key thing is to ensure that the local authorities retain a voice in what goes forward and work with the Government on some of the practical things such as the scheme of delegations.
Councillor Wright: I think we have got close to it. As we said, we have nothing against the professional training of planning committees so that the industry knows what it is dealing with and so that the idea that we do not know what we are doing on planning committees cannot be used to beat us over the head all the time. In my district, similarly to Richard’s, 11,500 permissions were put in place between 2016 and 2024 and 5,500 were built out. There is no excuse for the rest not to be built.
Unfortunately, the proposals that have been put forward do not include anything at all to mandate that builders will build. There is a proposal over CPO powers, and the missing thing that we would like to see is “build it or lose it”. If there is an allocated site and they have permissions, but they simply do not build on it, give us the CPO powers so we can CPO that. That would help to build houses, because we could then start to control the destiny of those sites. At the moment, there are some really useful things that could have been in the Bill that are missing.
Councillor Clewer: But CPO it at agricultural value.
Councillor Wright: Yes: agricultural value, not hope value.
Councillor Hug: I very much support the planning training. The LGA supports the approach to hope value that the Government are taking. The CPO power is particularly being deployed in urban settings around land assembly, which is the intent behind the Bill.
Q
Secondly, coming back to the point about strategic infrastructure projects, one of the issues is that local authorities have a lot of obligations, particularly under environmental law, whereby they have a specific legal duty around issues like air quality. Effectively excluding them from the decision-making process or even a failure to intervene in the process would leave them open to legal challenge. Air quality is a good example: I know from my experience at Heathrow airport that there was a local authority fine of £300 million per annum for the level of air quality breaches caused by Heathrow airport, through which we would have been judicially reviewed by ClientEarth had we not judicially reviewed central Government over their proposals to expand that.
Can you think of some other areas, around either environmental or other legal obligations, that are imposed on local authorities where the role you play in either the development and consent order process or those national strategic infrastructure projects is arising not simply out of local politics but because of legal obligations to your residents that you have to fulfil?
Councillor Wright: With regard to nationally significant infrastructure projects, for instance, I was thinking about the fact that we are responsible for the environmental impact assessments. I worry at times that we do not have enough weight with those when it comes to the actual decision making.
One example, which we are testing at the moment, relates to battery storage—a new thing that is exciting lots of people—and whether we can predict not just the here and now, but what would happen in the event of a problem. If we are going to have a huge array of batteries on what was good agricultural land suddenly blighting the landscape, we could ensure that the industry is not allowed to use a type of battery that is more prone to cause huge environmental issues if it catches fire, when there are already good batteries that could be used. But it comes down to a financial decision. In some places, we would actually like more weight to be given to the powers that we already have, but quite often, as you say, we find ourselves guarding the place but not being able to make the decisions that would avoid the need for guards in the first place.
Councillor Hug: My concern is not about gold plating. It is about the question whether local authorities across the country have the capacity on their planning teams to deal with the range and breadth of the requirements that are placed on them. That is one reason why local government reform is in the air, but I would also welcome some movement on fees. We have to make sure that planning is seen as a field that people want to go into, to help unlock these things, rather than these people being seen purely as the blockers. Ultimately, part of the blockage is that the system is not working effectively. The question is how we can work with local authorities to deliver not only training to communities, but greater support to the officer core so that they can move stuff through as quickly as possible.
Councillor Clewer: I do not think we gold plate our local plans. There are many councils that want to go beyond existing guidance, particularly on net zero, for example. That is mostly to stop expensive retrofitting in future and make people’s bills cheaper. There are areas where councils will want to go beyond existing national policy, but every example I can think of was done for a very good reason and will end up with broad public support.
On the bigger issue of legislation, yes, there are some real challenges. Some environmental legislation can be significantly challenging when you want to see building or when you are looking to find a way to mitigate or even unlock. For example, I have a brownfield site in Trowbridge where they need to leave a bat corridor by a train line. How on earth that makes sense I honestly do not know, but it is making the viability of the site really challenging. Some sort of off-site provision would be far more appropriate: it would be far better for the bats and would help to unlock development.
There are also problems around highways issues, for example. Whether it be for economic development or building land, there is an inability for us to work properly with National Highways to deal with motorway junctions, or the A36 in my case. The constraints that that places on us can be real blockers to our desire to build in areas that would be sensible, as opposed to in areas where developers are putting forward planning permissions.
Lastly, it would be really nice if we could tell developers where they should be building, rather than developers saying, “This bit of land? We can’t build on it yet,” when we know full well that we will get a speculative application the moment the local plan is through for that bit of land as well, having just fought the contentious bit of land.
We have just over a minute, John Grady, so it will have to be a very quick question and answer.
Q
Catherine Howard: It definitely makes us more attractive to international investors on the nationally significant infrastructure side. I also like the fact that we can now opt out of the DCO regime for nationally significant infrastructure projects, because sometimes it is lighter touch and more helpful to go local. That is helpful as well. As I say, the pre-app stuff is incredibly helpful, and the national policy stuff. The EDP stuff is helpful, and the nature recovery matters in relation to housing. I will flag, however, that I will be making a submission about how I think the Bill could go a bit further on habitats regulation matters with regard to nationally significant infrastructure, because the nature recovery plans are slightly harder to apply—
Order. We have run out of the available time for questions in this session. On behalf of the Committee, I thank you for your evidence.
Examination of witnesses
Richard Benwell, Mike Seddon and Carol Hawkey gave evidence.
(4 months ago)
Commons ChamberThank you very much, Madam Deputy Speaker.
As a Glasgow MP, I emphasise how important this Bill is for Scotland and Scotland’s economy. We have huge opportunities in the form of offshore wind and floating wind, but those opportunities depend on the development of transmission infrastructure in England. This Bill will help to reduce bills in Scotland by getting us away from expensive gas and on to cheaper fixed-price wind. Delays in England cost my poor constituents a lot of money.
The Bill does much more than that. It modernises the regime for connections to the electricity transmission and distribution system, speeding up the connection of vital energy projects for energy security. The UK Government have worked closely with the Scottish Government—delivering on their promise to put country first and Scotland first, and party second—to modernise the regime for consenting overhead power lines and generating stations in Scotland.
The Bill also makes provision for long-duration energy storage. The House may wonder what that is. There is all sorts of exciting new technology in this area, but I commend to everyone a visit to Cruachan power station to see the hollow mountain in the glens of Scotland. They will see how important it is and what great opportunities it provides for British engineering, and for the children in our schools to pursue careers in engineering. There are also other reforms that are important to the electricity sector in Scotland.
This may be a historic moment of some agreement between the SNP and the Labour party in this Chamber, but I would not want to be too gentle on the SNP Scottish Government, which takes far too long to consent projects in Scotland. Far too many projects sit on Ministers’ desks for far too long, and that is holding back investment. The same applies with the SNP council in Glasgow. We need to get going on some of these consents, and the SNP in Glasgow and Edinburgh need to get a move on with consenting projects that will create jobs and assist my constituents.
This is a great Bill. It looks to the future. It will create opportunities for Britain. It is a bill of aspiration and ambition for our country. For too long, we have kept on saying no to great developments that create jobs and create wealth. This Bill says, “Let’s go for it. Let’s create jobs. Let’s create investment.” I support it fully.
We now come to the Front Benchers for the wind-ups.
(4 months, 4 weeks ago)
Commons ChamberI echo what the hon. Gentleman says about where all our thoughts and sentiments are today in the Chamber. I spoke about justice being delayed, and it is awful that people still have not got justice and are fearful that they will never receive justice. The police have said that this will take time. This is one of the largest and most legally complex investigations ever conducted by the Metropolitan police, with more than 180 officers and staff dedicated to it. We will continue to support them in their important work. The police have recently confirmed that they have everything they need to do that work, and we will continue to support their efforts. I spoke in my statement about procurement and making sure that we can do something on construction products. My hon. Friend the Building Safety Minister is taking that forward.
In my constituency, tenants in social housing are regularly treated as second-class citizens, and it is a shame and a stain on our society that that is so. Many of my constituents are desperately worried about cladding remediation following the terror of Grenfell. The Scottish Government received about £97 million from the UK Government for remediation, but it was confirmed later last year that virtually none of it had been spent for that purpose.
This year I sent the Scottish Minister responsible a detailed set of questions about progress. I asked how many high-rise buildings—buildings at least 18 metres in height—with aluminium composite cladding had been identified, how many of them had been identified as requiring remediation, and how many had been remediated. My questions continued, but not one of them was answered with data or numbers. These are people’s homes, the homes of mums and dads and children. Does the Deputy Prime Minister agree that the Scottish Government must get a grip on this topic, and will she undertake to provide such advice and assistance as her Department is able to supply?
As my hon. Friend has said, this is a devolved matter, but I am happy to work with the Scottish Government. I hope that they have looked at what we are doing in respect of the remediation acceleration plan, and also at the reforms that are under way to drive up standards in social housing through stronger regulation and enforcement measures, strengthening tenants’ voices and improving their access to redress. My hon. Friend is right to raise these issues, and I hope that the Scottish Government are following in our footsteps and will continue to learn from the legacy of Grenfell so that people in both Scotland and England can feel safe.