Business and Planning Bill

Mike Amesbury Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Monday 29th June 2020 Commons Chamber

[Mike Amesbury (Weaver Vale) (Lab)]

I beg to move amendment 2, page 2, line 2, at end insert

“, and—

(c) to which a temporary traffic regulation order under section 14 of the Road Traffic Regulation Act 1984 is operative and will remain so for the time period of the pavement licence, and which has been made pursuant to the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 as amended by the Traffic Orders Procedure (Coronavirus) (Amendment) (England) Regulations 2020.”

The purpose of this amendment is to include pavements where temporary measures are in place already to deal with the effects of coronavirus, by assisting social distancing and enabling active travel, such as cycling and walking.

[The Chairman]

With this it will be convenient to discuss the following:

Clause stand part.

Clauses 2 to 8 stand part.

Amendment 3, in clause 9, page 7, line 37, at end insert—

“(1A) Subsection (1B) applies for the purposes of—

(a) the reference in section 1(5)(a) to a highway to which Part 7A of the Highways Act 1980 applies, and

(b) the references to traffic orders in section 3(6)(a)(i) and (b) (which, by virtue of section 3(7), have the same meaning as in that Part of that Act).

(1B) The definition of “traffic order” in section 115A(2) of the Highways Act 1980 is to be treated as if it included an order under section 14 of the Road Traffic Regulation Act 1984 made pursuant to subsection (1)(b) or (c) of that section under the procedure provided for by regulation 18 of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (S.I. 1992/1215) (procedure for temporary orders made for purposes connected to coronavirus).”

This amendment secures that the provisions about pavement licences apply where a highway is subject to a temporary traffic order under section 14 of the Road Traffic Regulation Act 1984 for reasons relating to coronavirus.

Clauses 9 and 10 stand part.

Amendment 1, in clause 11, page 19, line 13, at end insert—

“(6A) The Secretary of State may by regulations apply sections 172F to 172L of the Licensing Act 2003 to vehicles and moveable structures in order to vary the requirement under section 189(4) of that Act that a vehicle or moveable structure not permanently situated in the same place be treated for the purposes of that Act as if it were premises situated at only that place.”

This amendment is intended to provide flexibility for mobile licensed premises which are already licensed in one place to benefit from the temporary provisions of this Act in other locations.

Clauses 11 to 26 stand part.

New clause 1—Support for the tourism and hospitality sector—

“(1) The Secretary of State must—

(a) carry out a review of the effect of Part 1 of this Act on the tourism and hospitality sector in England and Wales;

(b) set out the conclusions of the review in a report;

(c) publish the report; and

(d) arrange for copies of the report to be laid before both Houses of Parliament before 15 September 2020.

(2) The report under subsection (1) must also make an assessment of the effects of this Act on the tourism and hospitality sector in England and Wales compared with possible further and complementary measures, including, but not limited to, extending through to 2021 the period of operation in that sector of—

(a) the furlough scheme,

(b) Bounce Back loans, or

(c) other grants or financial support from public funds.”

The purpose of this new clause is for a review to examine the effect of this Bill’s proposals for the tourism and hospitality sector through to 2021, compared to extending the furlough scheme and the grants currently available.

New clause 2—Monthly report on hospitality sector measures—

“(1) The Secretary of State must publish a review of the effect of this Act’s provisions on the hospitality, leisure, travel and tourism sector.

(2) A report under subsection (1) must be published within one month of the day in which this Act is passed and at least once in every month thereafter up to and including January 2021.

(3) Every report under this section must include relevant contextual information including (but not limited to) the effect of the changes to coronavirus job retention scheme on the hospitality, leisure, travel and tourism sector.

(4) The Secretary of State must arrange for a copy of each report made under this section to be laid before each House of Parliament.”

The purpose of this new clause is to require the Secretary of State to publish a monthly report for the next six months on the impact of the Bill in the context of changes to the coronavirus job retention scheme on sectors including hospitality.

New clause 4—Explanation for extending periods under Part 2 of this Act—

“(1) Before any exercise of the powers listed in subsection (2) to make regulations under this Part of this Act the Secretary of State must make a statement on the reasons in each case for extending the provisions of this Act beyond 1 April 2021.

(2) The powers listed in this subsection are—

(a) section 16(7), on conditions relating to construction working hours;

(b) sections 17(8) and 17(9), on extending the duration of certain planning permissions;

(c) section 18(7), on extensions in connection with outline planning permission.

(3) The Secretary of State must arrange for a copy of the statement required under this section to be laid before each House of Parliament.”

The purpose of this new clause is to require the Secretary of State to provide a full explanation to the House before seeking to extend beyond 1 April 2021 any measures under this Part 2 of this Bill in relation to planning permission or construction working hours.

New clause 5—Costs on local authorities—

“(1) The Secretary of State must make an assessment of the additional costs to local authorities of the effects of Part 2 of this Act.

(2) The Secretary of State must consult local authorities before making the assessment under subsection (1).

(3) The Secretary of State must arrange for a copy of the assessment required under this section to be laid before each House of Parliament.”

The intention of this new clause is to require the Secretary of State to publish a report detailing the extra costs accrued by councils as a result of processing increased volumes of planning applications through the new deemed consent route and additional environmental approvals.

New clause 6—Rolling three month parliamentary reviews—

(1) This Act expires at the end of a review period unless the condition in subsection (2) is met.

(2) The condition is that the House of Commons has, following a debate, agreed a Motion moved during the review period by a Minister of the Crown in the form in subsection (3).

(3) The form of the Motion is—

“That the provisions of the Business and Planning Act 2020 should not yet expire.”

(4) The first review period begins on the day 90 days after the day on which this Act is passed.

(5) Subsequent review periods begin on the day 90 days after the day on which the previous review period ended.

(6) A review period ends at the end of the seventh sitting day after the day on which it begins.

(7) In this section, a “sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day).”

The purpose of this new clause is to provide a rolling review period for this legislation so that it can be revisited 3 months after it is passed and then every subsequent three months if necessary.

[Mike Amesbury]

The Government are asking Parliament to expedite the parliamentary progress of this Bill. In everyday circumstances, it would not be fast-tracked, but would be subject to a lower gear of progress. We are not in ordinary times or everyday circumstances, and the Opposition recognise, and have indeed constructively argued, that many of the measures outlined in the Bill need to be in place before the summer recess in order to be effective.

If legislation is not passed in time, hospitality businesses and their customers will not be able to benefit from the flexibility and covid safety arrangement measures relating to outdoor seating and alcohol service over the coming months. Likewise, road hauliers and others are dependent on heavy duty vehicle and passenger-carrying vehicle testing and licencing, and construction projects may be paused or delayed without planning permissions being extended. Furthermore, the measures will facilitate bounce back loans by disapplying unfair relationship provisions in the Consumer Credit Act 1974.

Our position on the Bill is one of constructive engagement. We want to provide support for hard-pressed businesses while giving additional freedoms and flexibility to respond to covid-19 spatial requirements. Although the additional freedoms will be welcomed by many, I ask the Minister for reassurance that checks and balances are in place in order to maintain social order. We want to ensure access for those with visual impairment or limited mobility, and the right to peace and quiet in residential areas must be maintained. My hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier) will come on to that later.

It is also important that these measures are temporary and time-sensitive, with constructive engagement at the heart of any proposals to extend the operating hours of a construction site. Good planning is an enabler, rather than a constraint. Consultation helps to deliver good community, business and place outcomes.

Amendments 2 and 3 are common-sense amendments that aim to extend to more businesses the provisions in the Bill and ensure a streamlined procedure for businesses serving food and drink to access pavement licences. We welcome the provisions that will allow cafés, restaurants and pubs to reopen quickly and serve more customers, while maintaining a safe environment. The amendments would simply extend those measures to include spaces where temporary pavements have been created or extended for social distancing measures, so that businesses will be able to take advantage of that. I note the calls for caution. This needs to be done sensibly, and the impact on staff, local residents, local authorities and disabled pedestrians must be kept in mind.

New clause 2 addresses a vital omission in the Bill. The food and accommodation sector has had the largest decline in economic output of all sectors with available data in this crisis. An extraordinary drop of 92% between February and April led to almost 6% of workers being furloughed. Despite the help the Bill offers to businesses, it does not offer “business as normal.” It is vital that we understand the impact the measures in this Bill will have on these industries, especially considering the support the Government are currently providing through the furlough scheme. We need not undo the good work done by the scheme so far. The new clause would require the Government to publish a report every six months on the impact of the Bill in the context of the coronavirus job retention scheme. Such a report is vital to the understanding of the ongoing impact on hospitality, tourism, leisure and the travel sector. Only by knowing the scale of the problem after the measures in the Bill are implemented will the Government be able to match it with the proper level of tailored support that this sector will clearly need.

New clause 3 addresses the lack of regular data provided for applications for coronavirus support schemes. The Government do not currently release data on the number of businesses that fail to access loan schemes. Current data relates only to the total number of applications and the number of loans granted. Again, we must know how well the schemes are working in order to help businesses through this crisis, so I hope the Government will consider this new clause.

New clause 4 relates to part 2 of the Bill, which in turn relates to my brief, and the Minister’s brief, of planning and construction. I broadly welcome, as does the Royal Town Planning Institute, the planning measures in the Bill that will ensure that building work can safely restart, especially in light of the “build, build, build” message that will be detailed tomorrow in the Prime Minister’s much trailed speech. However, considering the impacts of longer working hours and extended planning permissions on neighbourhoods is important. Under the new clause, the Secretary of State would return to the House if he wished to extend the measures relating to construction working hours or extensions to current planning permissions beyond 1 April 2021. That is not to say that we would necessarily oppose any extensions, but it is vital that these provisions are not extended without explanation, and the new clause addresses that.

Finally, new clause 5 would require the Secretary of State to publish a report detailing the extra costs of processing these measures for local authorities. It is not clear at the moment what the measures contained in the Bill will cost local authorities in practice. Throughout this crisis they have been working around the clock to protect their communities from the covid-19 outbreak and its immediate impact. The Bill highlights that local authorities will also be crucial in the recovery phase. Their work has, as my colleagues my right hon. Friend the Member for Doncaster North (Edward Miliband) and my hon. Friend the Member for Croydon North (Steve Reed) have said, come at a huge financial cost. Austerity measures over the past 10 years have had a devastating impact on local authority budgets, and despite the rhetoric of “whatever it takes,” the Government have not provided local authorities with anywhere near the level of funding they need in the wake of the immediate crisis. The provisions in this Bill will certainly result in yet more work and higher costs for local authorities, including for local planning departments, which have already had to cut spending by half in the last decade. Given that, it is essential that we understand fully what the impact of these changes will be on local authority finances and that local authorities are fully consulted. As my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier) has made clear, the measures in the Bill will also not have a uniform impact across the country, and that needs to be taken into account.

We have enjoyed constructive communication on this Bill with the Government, and these amendments are tabled in a similarly constructive way. I look forward to the Government providing us with the detail and assurances on the broad range of issues I have outlined.

[Ben Lake (Ceredigion) (PC)]

Diolch, Dame Eleanor, and thank you for calling me so early in the debate. I think this must be a first for a Plaid Cymru Member; it is certainly a first for me. It is a great pleasure to follow the shadow Minister, and that is not something that I say very often because I do not follow shadow Ministers, so once again I am grateful to the Chair.

--- Later in debate ---

[Christopher Pincher]

I appreciate the hon. Lady’s concern and I understand why she raises those points. However, I simply reiterate that introducing a rolling review would kill certain aspects of the Bill and reduce the certainty and clarity that businesses and planners are looking for. It may also jeopardise the conclusion of the Bill before the summer recess, and we need to get it on the statute book so that businesses around our country can benefit from its provisions over the summer months.

Let me reiterate the importance of this Bill for our economy in these extraordinary times. As we emerge from this pandemic, we need to do all we can to support our economic recovery and help businesses adjust to a new and safe way of working. I therefore encourage the House to support amendment 3 tabled by the hon. Member for Weaver Vale (Mike Amesbury), and I encourage the proponents of all other amendments to withdraw them.

[Mike Amesbury]

This has been a constructive debate, and I thank Members across the Chamber for their positive contributions and suggestions, which I hope will be taken up in the other place. I thank the Government, and I thank the Minister in particular for his positive engagement. We are happy to withdraw amendment 2 in my name and those of my right hon. and hon. Friends, and I look forward to moving amendment 3. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 1 ordered to stand part of the Bill.

Clauses 2 to 8 ordered to stand part of the Bill.

Clause 9

Interpretation

Amendment made: 3, page 7, line 37, at end insert—

“(1A) Subsection (1B) applies for the purposes of—

(a) the reference in section 1(5)(a) to a highway to which Part 7A of the Highways Act 1980 applies, and

(b) the references to traffic orders in section 3(6)(a)(i) and (b) (which, by virtue of section 3(7), have the same meaning as in that Part of that Act).

(1B) The definition of “traffic order” in section 115A(2) of the Highways Act 1980 is to be treated as if it included an order under section 14 of the Road Traffic Regulation Act 1984 made pursuant to subsection (1)(b) or (c) of that section under the procedure provided for by regulation 18 of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (S.I. 1992/1215) (procedure for temporary orders made for purposes connected to coronavirus).”—(Mike Amesbury.)

This amendment secures that the provisions about pavement licences apply where a highway is subject to a temporary traffic order under section 14 of the Road Traffic Regulation Act 1984 for reasons relating to coronavirus.

Clause 9, as amended, ordered to stand part of the Bill.

Clauses 10 to 26 ordered to stand part of the Bill.

Bill, as amended, reported.

Bill, as amended in the Committee, considered.

Bill read the Third time and passed.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I will now suspend the House for three minutes to allow the safe exit of hon. Members participating in this item of business and the safe arrival of hon. Members for the next.