Business and Planning Bill

Lord Young of Cookham Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Lord Young of Cookham (Con) [V]]

My Lords, others have raised the concerns of inner-city residents about the implications of Clause 11, which will encourage drinking in the streets into the early hours, and I hope my noble friend will consider whether the safeguards mentioned in the opening speech are in fact an adequate response.

Nearly all the measures in the Bill are temporary but I want to speak about one measure which is permanent —namely, Clause 20—as did my noble friend Lord Kirkhope. I speak as a former Minister for Planning who put the Planning and Compensation Act into law in 1991. This was meant to update the 1947 Act and provide a long- lasting framework for a modern planning system. I have lost count of the number of planning Acts since then with the same objective, and my successors seem to have fared no better, so we all hope that the proposed planning Bill trailed by my noble friend will finally take the trick.

Clause 20 implements one of the recommendations of the independent review of planning appeal inquiries, the Rosewell report. Of the 22 recommendations made last year, 16 had been implemented by March this year. It would be helpful to hear, perhaps in Committee, of the progress with the remaining six. The appeals system is one of the main blockages in the planning system and I welcome measures to speed it up and provide more homes. The main cause of appeals is the absence of adopted local plans decades after the system was introduced, and perhaps my noble friend can explain what action is being taken to get these up and running so fewer appeals are needed to fill the vacuum.

I have some specific questions for my noble friend on Clause 20. One category of decision is appeals in relation to an application to modify or discharge affordable housing requirements under Section 106BC of the 1990 Act. Affordable housing and planning appeals are a sensitive subject at the moment, so can my noble friend confirm that this proposed reform will not make it easier for developers to duck their responsibility for providing affordable homes through the “viability test”, as has been happening, mentioned by my noble friend Lord Kirkhope? Indeed, we should be making it tougher. In passing, I endorse what the noble Lord, Lord Best, said about planning and implementing Sir Oliver Letwin’s recommendations.

The Minister said that the clause would allow the Planning Inspectorate to use more than one type of procedure as part of the same appeal—part local inquiry, part written recommendations. I understand that this hybrid system, which on the face of it sounds more complicated, was tested last year, and my noble friend outlined some of the results, but can he say whether there have been any cost implications for any of the parties involved, particularly local authorities, as mentioned by the noble Lord, Lord Stevenson?

Finally, is the Secretary of State going to give guidance to the inspectorate about how the flexibility in the clause is to be used, or will the position remain as it is; namely, entirely down to the discretion of the inspectorate? Can he say when the measures in the Bill will come into effect? In the meantime, is progress being made with more virtual enquiries to avoid a pandemic backlog?

Perhaps in Committee we can have more detail of what is proposed, as suggested by the noble Lord, Lord Shipley, but in the meantime, on the basis that the intention of the clause is to speed up the provision of more homes and to “build, build, build”, I welcome it.

Business and Planning Bill

Lord Young of Cookham Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

[Baroness Northover (LD)]

Amendment 18 is in my name and those of the noble Lords, Lord Young of Cookham and Lord Faulkner of Worcester, and of the noble Baroness, Lady Finlay of Llandaff. We all want to get the hospitality sector moving again. I remind noble Lords that over 85% of people do not smoke. There is a public health issue here, but there is also the issue of making pubs and restaurants appealing to the vast majority of people. The UK hospitality sector will not recover if we cannot make it an enjoyable experience for the majority of its clients—that includes all those non-smokers and their children—as well as safe and enjoyable for the staff who may already be worried about returning to work.

The Bill proposes that restaurants and pubs should be able to use outside spaces for their customers to spill out into. People are safer from Covid-19 in the fresh air than inside buildings and, given the restrictions on numbers inside, this enables more customers to be catered for. The Government seek to balance economic with public health needs. Thus, in effect, the footprint of the pub or restaurant is expanded outside. We have already debated how these new needs and demands must be balanced with other considerations—the vital need to be inclusive, as the noble Lord, Lord Holmes of Richmond, and others so passionately put it.

Amendment 18 specifies that pavement licences may only be granted by a local authority subject to the condition that smoking is prohibited in such spaces. It is a simple and straightforward proposition. We all worked together, across all parties and none, on banning smoking in public places. That was transformative for public health, for the prevention of illness through second-hand smoke, for those working in these environments, and for the benefit of families and pregnant women. It is now widely accepted as a benefit and few people seek to turn back the clock.

However, under this Bill, the footprint of pubs and restaurants will, as I said, extend outside. If such an extension, for which there are good reasons, is to be granted, then these newly defined public places must also be smoke free for all the same public health and other reasons that the interiors of pubs and restaurants are smoke free.

The noble Earl, Lord Howe, who shared Second Reading with the Minister, has contributed significantly over many years as we have sought to combat smoking. I hope that both Ministers know that the words that they might have been given to reply to this amendment to the effect that local authorities “can” take such action is a world away from a provision saying that they “must” take such action. As the noble Earl will remember, prior to the introduction of smoke-free enclosed public places in the Health Act 2006 the hospitality trade did not support legislation that was simply local. It wanted a level playing field, provided by national legislation that covered all hospitality venues. That is why we need national action and “must” not “can”.

I first noticed this issue when I saw a petition organised to try to persuade the City of London and Westminster City Council to do this. A number of local businesses support it, but the council has not agreed, and therefore no progress is being made. As soon as I flagged this issue up at Second Reading, only one week ago, with ASH’s help and to my delight but not to my surprise, I secured support from every Bench in this House, as represented by the amendment. I am delighted to say that we also have the support of a former Secretary of State for Heath, the noble Lord, Lord Lansley.

In the space of a week, we have also secured support for this amendment from the 10 local authorities that make up Greater Manchester, including the cities of Manchester and Salford, and from Liverpool and Newcastle, Oxfordshire County Council, and the Local Government Association itself. I am extremely grateful to them all in their clear concern for the pubs, restaurants and citizens in their area. This needs to be national.

The Government have said that they want to achieve a smoke-free England by 2030. There is a danger in this Bill of things going backwards and not forwards. For those who think that the urgent measures taken in the Bill should not be impeded, such as perhaps the noble Baronesses, Lady Noakes and Lady Neville-Rolfe, I remind noble Lords of the numbers: 85% of people do not smoke. If we are to encourage them back to using pubs and restaurants, let us make it easy for proprietors to implement this measure, so that they can make their establishments as attractive as possible.

I hope therefore that the noble Lord will see the case and has already heard the strength of feeling on this issue in the House. We banned smoking in interior public places, and that ban must be sustained as we redefine in the Bill what public places are. I beg to move.

[Lord Young of Cookham (Con) [V]]

My Lords, I put my name to the noble Baroness’s amendment to indicate cross-party support, and I now add a brief footnote to her excellent speech.

Winding up the Second Reading debate last Monday, my noble friend Lord Howe said, in connection with another section of the Bill:

“The Government are clear that workers should not be forced into an unsafe workplace and that the health and safety of workers should not be put at risk.”—[Official Report, 6/7/20; col. 970.]


One of the principal reasons for the Health Act 2006, which banned smoking in pubs, was to protect employees from the health risks of passive smoking, as well as from the irritation and smell of the smoke. Under the Bill, employees of pubs will have to deliver drinks and collect glasses from the pavements, and they should be entitled to continue to work in a smoke-free atmosphere, as set out in the Health Act 2006.

In response to the case made last week by the noble Baroness, my noble friend Lord Howe said that

“the local authority can impose locally-set conditions on licences … that … can include restricting smoking in areas not designated for smokers.”—[Official Report, 6/7/20; col. 971.]

I do not believe that this is good enough. When Parliament considered banning smoking in pubs, it rejected the policy of leaving it to local discretion. It was to be a clear, national public health policy, and so should this be. As the noble Baroness said, the Local Government Association does not want local discretion. Doing that would blunt the public health message and lead to uncertainty among customers. From the industry’s point of view, it is right that there should be a level playing field.

I urge my noble friend to think again and give a positive response, otherwise I fear that, for the first time since I joined your Lordships’ House, I may be obliged to vote against my party on Report.

Business and Planning Bill

Lord Young of Cookham Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

I strongly commend Amendment 15, which I may vote on. It was drawn up not by me but by that outstanding campaigning organisation, ASH, working with local government, and it is the right thing to do. I look forward to hearing the Government’s response.

[Lord Young of Cookham (Con) [V]]

My Lords, I begin with a brief word about Labour’s Amendment 11, moved by the noble Baroness, Lady Wilcox. I am disappointed that the party which—with a bit of prodding when in government—introduced the ban on smoking in pubs has in opposition retreated from that bold approach to public health issues, and cannot support Amendment 15. This disappointment is shared by many of Labour’s noble Members. Its own amendment has been trumped by the Government’s amendment, which goes further, and which I will turn to in a moment, but I agree with the noble Baroness, Lady Wilcox, that more action is needed to combat smoking.

The Government have adopted the “hard cop, soft cop” approach on this issue. Last week, my noble friend Lord Greenhalgh was cast as the hard cop and was obliged to read out an uncompromising speech asserting that our amendment would lead to pub closures and job losses. Why pubs that have survived all the problems that have confronted industries so far should decide to close when given the opportunity to extend their non-smoking premises to include the pavements outside was never explained. He also said that imposing a condition to prohibit outdoor smoking would not be proportionate. Yet outdoor smoking is already banned in open-air stadiums and at open-air railway stations, because they are places where people congregate and therefore there is the health risk and the annoyance of passive smoking. It would be the same with pavement smoking.

However, it would be churlish to complain too much, because in the meantime the hard cop was replaced by the soft cop, my noble friend Lord Howe, emollient and with an impeccable public health record. He has tabled an amendment which goes a long way towards what we were arguing for, and wrote a helpful letter to noble Lords today. I pay tribute to his role in listening to last week’s debate and moving government policy forward on this issue. I know that my noble friend Lord Greenhalgh, who made a personal commitment to the anti-smoking campaign in the debate last week, has also played a role.

As the noble Baroness, Lady Northover, said, the government amendment does not go as far as I would like, but before turning to that, I will make one point about the guidance referred to in the noble Earl’s amendment. Given that many pubs have already made provision for smokers on their own premises—usually canopies with patio heaters—I hope the guidance will say that where this is the case, any extension to the pavement should be smoke-free, since there is already somewhere for the smokers to go.

The Government’s amendment does not go as far as I would like, and I will not repeat the arguments in favour of Amendment 15 so ably put by the noble Baroness, Lady Northover, and other noble Lords, last week. While none of the arguments against it have convinced me that they would be the right way forward, I recognise that given the position of the Labour Party, the cross-party alliance so skilfully constructed by the noble Baroness has gone as far as it can, and therefore I am prepared to settle for and support the government amendment. I hope that others who share my view will feel able to do the same.

[Lord Faulkner of Worcester (Lab) [V]]

My Lords, yesterday’s press release from the Ministry of Housing, Communities and Local Government stated:

“People using pubs, restaurants and cafés will soon have greater freedom to choose non-smoking outdoor areas”,


a laudable objective that is consistent with the cross-party Amendment 15, which I have signed, along with the noble Baronesses, Lady Northover and Lady Finlay of Llandaff, and the noble Lord, Lord Young of Cookham, and which is identical to the one we debated in Committee last week. Some of your Lordships may take the view that had we not raised the issue of smoking in areas covered by pavement licences, the other amendments in this group might never have seen the light of day today. Indeed, if it had not been for the noble Baroness, Lady Northover, raising the subject at Second Reading, that would probably be the case.

As I indicated in Committee last week, our amendment enjoys strong cross-party support from the Local Government Association, which represents local councils in England and has asked the Government to make pavements smoke-free. Birmingham Labour councillor Paulette Hamilton, vice-chair of the LGA’s community well-being board, is urging your Lordships to give councils the power to extend smoke-free areas to include pavements, so that

“this alfresco summer can be enjoyed by everyone.”

She added:

“Councils have worked hard to help hospitality businesses reopen, including relaxing requirements and making changes to roads and pavements to enable pubs, cafés and bars to operate outside safely with more outdoor seating. Pavement licensing should not be a catalyst to increase smoking in public places, putting people at greater risk of ingesting second-hand smoke when they are enjoying a drink or a meal.”


This view is shared by the Conservative leader of Oxfordshire County Council, Ian Hudspeth, whom I quoted in the debate last Monday, and who has set the laudable target of a smoke-free Oxfordshire by 2025.

On 15 July, the Welsh Government committed to bringing in new laws to ban smoking in hospital grounds and schools under the Public Health (Wales) Act 2017, to

“protect the public from second-hand smoke and de-normalise smoking in the eyes of young people.”

They are on course to bring in a smoking ban for the outdoor seating areas of restaurants and cafés, which is supported by nearly two-thirds of adults in Wales, according to a survey by ASH Wales.

My final point arises from my supplementary question to the noble Lord, Lord Bethell, earlier this afternoon. Noble Lords may recall that I asked him whether today’s proposed guidance for smoke-free areas outside pubs and restaurants would be agreed with the DHSC, published before the House rises and subject to parliamentary scrutiny. Rather to my surprise, he did not answer any of these rather important questions, and later in the session, when the noble Baroness, Lady Walmsley, asked them again in the same form, she did not get a reply either. What is going on? Have the Government not yet made up their mind, or does the MHCLG refuse to acknowledge that this is a public health issue, let alone that it has anything to do with the Government’s aim to make England smoke-free by 2030? I still think that our amendment is the best of the three on offer, and I will be disappointed if the House does not agree to it this afternoon.