Infrastructure Planning Commission

Lee Scott Excerpts

Wednesday 16th February 2011 Westminster Hall

[Nadine Dorries (Mid Bedfordshire) (Con)]

It is a pleasure to see you in the Chair again, Mr Gale. The Infrastructure Planning Commission is examining an application from an American waste company by the name of Covanta to build an incinerator masquerading as an energy-from-waste plant in my constituency. Each year, it will burn 585,000 tonnes of waste, which will be sourced from Bedfordshire, Buckinghamshire, Hertfordshire, Cambridgeshire and, frankly, anywhere in the country that will feed the incinerator. On the basis that what goes up must come down, it will do so on my constituents. We do not buy the argument that the fly ash and the emissions from the incinerator’s chimneys will be completely harmless, because the particles are too small to measure in the atmosphere. As it is too difficult to capture and measure the particles, it is not possible to say that what will be emitted from the incinerator will be harmless.

Not surprisingly, the proposal has met with furious opposition in my constituency. Constituents, campaign groups, local authorities and 24 town and parish councils—I can assure people that it is no mean feat for 24 town and parish councils to work together on one issue—are all burning the midnight oil preparing written submissions urging the IPC to reject this diabolical application for an incinerator.

The examination will run until 15 July and the IPC should reach its decision by 15 October. Before the IPC process existed, there would normally have been public examination, with cross-examination of witnesses. My constituents would have had the opportunity to express and make known their views, probably via a public inquiry. The Secretary of State used to take the final decision after having all the information in front of them and did not have to accept the recommendations made by the planning inquiry or the inspector, provided that they gave good reason. However, the previous Government’s Stalinist approach to that democratic process was the Planning Act 2008, which transferred the final decision to a new independent body—the Infrastructure Planning Commission.

Evidence is considered by the IPC primarily in writing, unless it chooses to hold an oral evidence session. Note the word “chooses”. The IPC chooses, not local people. Legally, the Secretary of State has no opportunity whatever to overturn the IPC’s decision. The IPC makes its decisions mainly on the basis of the relevant national policy statement. These statements are open to public consultation and to consideration by Select Committees before approval by the Secretary of State.

[Mr Lee Scott (Ilford North) (Con)]

I congratulate my hon. Friend on securing the debate. Does she agree that wider issues are at stake? Not only on incinerators but on a number of different planning applications, it is vital that local people feel engaged and have had their say. Whatever the outcome might be, at least they have had their say and put their case. Does my hon. Friend agree that that is vital?

[Nadine Dorries]

Absolutely. I will go into more detail about how undemocratic the IPC process is and how local people are completely excluded from the decision- making process for major infrastructure, whether that involves hospitals or whatever else being built in their area.

The national policy statements are open to public consultation. While still in draft form and before the relevant national policy statement has been designated by the Secretary of State, the IPC can still consider the evidence, but the Secretary of State will make the final decision. To date, the national policy statement remains in draft form. The Select Committee on Energy and Climate Change, of which I am a former member, has published its report on the six revised national policy statements. It has made 18 recommendations, the more important of which is about the timing of the statements. The Committee calls for the national policy statements not to be designated until the Localism Bill has been enacted, the abolition of the IPC has occurred and the national planning policy framework and national infrastructure plan are operational and harmonised with the electricity market reform process.

The IPC has published the following statements:

“If the NPSs which apply to a proposal are adopted before the point of decision making on a project, the IPC will make the decision.

If the relevant NPSs have not been adopted at the point of decision making on a project, the IPC will make a recommendation to the Secretary of State”.

I say to my right hon. Friend the Minister that this is a fundamental question. Given that the IPC hopes to conclude its own consultation by July and make a decision in October, will he please inform us on which date the national policy statements will be designated?

To date, my constituents have been forced into Kafkaesque engagement with a body that is to be abolished, with no certainty about whether the national policy statement guiding the IPC examination will be altered once the deadline for written submissions has passed. If the national policy statements are altered and designated after the existing public consultation period has passed, will the Minister agree that my constituents, after having digested a 7,400-page document, will have provided their submissions on the basis of documents that are no longer relevant and therefore the IPC process relating to the Covanta incinerator in my constituency must be abolished—scrapped—and begun again on the basis of the relevant designated documents? How can a process of public consultation exist if the information constituents are given is no longer relevant by the time the IPC makes its decision? My constituents will have been providing consultation responses based on one set of rules and the IPC will be making its decision based on another, which will enable the IPC to disregard completely the public consultation as it will no longer be relevant when the IPC makes its decision.

The consultation process as run by the IPC has been woeful and undemocratic. Either the Government are wide-eyed localist or they are not. The IPC is not and is at odds with present Government policy. On Monday 17 January, at 10 o’clock on a cold morning in Bedford, the IPC held a public hearing—nowhere near the community where the facility is to be placed. Guidance was given to my constituents not to instruct lawyers and not to take legal advice. However, when my constituents arrived at the public hearing, they found that both the local authorities and the IPC had brought their team of lawyers along with them. The atmosphere was, to say the least, intimidating as lawyers played legal ping-pong with one another. Only the bravest of my constituents felt able to stand up and contribute. They had been told before the hearing took place the issues they were not allowed to discuss. One of those was noise, which is actually one of the biggest considerations for my constituents.