Levelling-up and Regeneration Bill

Lord Carrington Excerpts

Committee stage
Monday 24th April 2023 Lords Chamber

[Lord Stunell]

I speak to Amendment 285AA, which refers to Clause 123. It is by way of a probing amendment, and I would have explained to the noble Lord, Lord Moylan, had he been here, that the missing quarter last time was about how probing or speculative it was. I make no secret of the fact that mine is a probing amendment. The first few lines of Clause 123 were the red flag that made me put down this amendment. It reads:

“The Secretary of State may by regulations make such amendments and modifications of the relevant enactments as in the Secretary of State’s opinion facilitate, or are otherwise desirable”.


There follows a long list of things to which the Secretary of State may, if in their opinion it is useful, make changes. It is another clause with very wide-ranging powers given to the Secretary of State, and the purpose of giving them to the Secretary of State is not at all transparent.

What is perhaps relevant, and is certainly the reason for tabling the amendment, is that subsection (7) contains some exceptions. It reads:

“Regulation under this section must not make any provision which is within”—


Scotland, Wales or Northern Ireland,

“unless that provision is a restatement of provision or is merely incidental”

and so on. It is a clause with wide-ranging powers which do not apply in Scotland, Wales or Northern Ireland, unless, again, the Secretary of State has the opinion that they are a restatement or merely incidental.

My amendment removes the exceptions to that, so there is proper devolution to the three national legislative bodies in those three nations, and adds a fourth exception to the application of the clause, which is for combined mayoral authorities. I could have added a whole lot more as well, but the amendment is in the spirit of devolution and making sure that we do not allocate to the Secretary of State powers which are not needed and which, in the hands of a different Secretary of State, might be abused or misused and might have unforeseen bad consequences.

I want to hear in clear terms from the Minister: why we need the clause at all; why it has to be in such wide-ranging terms; and, with regard to the exceptions for the three national Administrations, why even within that, there is an exception built in which allows him or her to impose powers. Why does he not take the opportunity to make devolution in England mean something more substantial by saying that, in combined mayoral authorities, such powers as may be needed in Clause 123 may be exercised within that authority and not simply cascaded down from Whitehall?

I see that the noble Lord, Lord Carrington, has given notice of his intention that the clause do not stand part of the Bill, and I would say that that is very much of a piece with my amendment. We have here a clause which is neither necessary nor useful and absolutely not contributing to levelling up in any way. I beg to move.

[Lord Carrington (CB)]

My Lords, I declare my interests in farming and land ownership as set out in the register. I agree with every word that the noble Lord, Lord Stunell, has said; I would perhaps go a little further in some areas.

My understanding of Clause 123—and, therefore, my reason to seek its removal—is that, through its inclusion in the Bill, it seeks to give authority to any Government to amend primary legislation that underpins planning and compulsory purchase legislation through the means of secondary legislation. Such changes might have a profound impact on the way planning is delivered. It is not appropriate that this legislation gives such a wide remit to the Government to change primary legislation for an objective that is yet to be determined without the full scrutiny of Parliament through debates in both Houses.

In other words, Clause 123, which gives the Government the ability to consolidate and amend compulsory purchase legislation, should be deleted from the Bill as it gives the Government too wide a remit to encroach on property rights without a clear objective. It could lead to changes in compulsory purchase legislation that tip the balance further towards the developer and away from protecting the home owner’s and landowner’s rights. The ability to amend more than 25 key pieces of primary legislation, described as “relevant enactments” in Clause 123(2), in any way that any Government see fit—potentially with limited consultation or scrutiny—must raise very serious concerns.

Additionally, it is premature to propose amending compulsory purchase legislation before, as I understand it, the Government have received the outcome of the Law Commission’s review into compulsory purchase reform. There is also the matter of the lack of a government response to the consultation on compulsory purchase compensation, which is still awaited despite the Government including some of these controversial measures in this Bill. The department is clearly in breach of the consultation principles, which state that it should:

“Publish responses within 12 weeks of the consultation or provide an explanation why this is not possible. Where consultation concerns a statutory instrument publish responses before or at the same time as the instrument is laid, except in very exceptional circumstances (and even then publish responses as soon as possible). Allow appropriate time between closing the consultation and implementing policy or legislation”;


that last point is relevant in this particular case. Planning legislation is the foundation of so much, particularly in the rural economy. There is a real risk that growth of the rural economy and housing delivery could be held back by amendments that have gone through without proper scrutiny.

I look forward to hearing the Government’s response and reasons.

[Baroness Taylor of Stevenage (Lab)]

My Lords, regarding Clause 123, we believe that this provision was added to the Bill subsequent to consideration in the other place, so it has perhaps not had the same scrutiny as other parts of the Bill.

Amendment 285AA, moved by the noble Lord, Lord Stunell, seeks to have the status of combined mayoral authority with planning powers added to the list of exemptions. A distinction was drawn previously in your Lordships’ House between the devolution powers conferred on mayors and the legislative powers devolved to Administrations, but what meetings and discussions have been held with devolved Administrations in this respect?

I express our concern, alongside that of the noble Lords, Lord Stunell and Lord Carrington, about the implications of this clause in any case. The noble Lord, Lord Carrington, argues that the clause should not be part of the Bill at all. I can understand this view as in this part of the Bill, as in others, there are very significant powers being taken by the Secretary of State to amend these long lists of 25 pieces of primary legislation, with limited scrutiny or consultation and without reversion to either House. That would give us great cause for concern. I hope that the Minister can respond to this, but we support the clause stand part notice.