Localism Bill

Lord Howarth of Newport Excerpts

Monday 17th October 2011 Lords Chamber

[Lord Howarth of Newport]

My Lords, it is ironic that the Government's attempt to clarify the purport of the existing law has led to large-scale confusion and anxiety. While I was enormously relieved to hear what the noble Earl said, and absolutely accept that that is the appropriate interpretation of the provision, none the less, since he also said that the addition of this clause and the amendment that we are debating to the new clause that the Government brought in at a late stage in Commons proceedings does not do anything to change the law, would it not be better to withdraw the clause and issue guidance to clarify, for anyone who may be in doubt, what the existing law means? That would be helpful. Of course, those who attempt to construe the law and the Government's intentions will take careful account of what the noble Earl said on the record this evening. However, it would be better to remove the clause, clarify the law as it is and allow everybody to settle down and get on with the work that they need to do.

[Lord Jenkin of Roding]

My Lords, the Minister deserves complete support. When we debated this in Committee, I made the point that the clause did not change the law at all. My noble friend made this clear and stated that there had been confusion, which the amendment was designed to remove. The noble Baroness, Lady Parminter, spoke eloquently. Her noble friend Lord Greaves suggested that perhaps, in order to remove doubt, it might be helpful if the Government could clarify the extent of the clause and explain that it did not put financial considerations above all others, but that it was entirely for the planning authority to determine what weight should be given to them. That has been done. I find myself very unsympathetic to the argument advanced by my noble friend Lady Hamwee that by going on and trying to make this clear, my noble friend is digging himself deeper into a hole. That is very unfair. He recognised the concerns that were expressed in Committee and moved an amendment that puts the matter beyond doubt. He deserves complete support.