I would expect the first draft national policy statements to be produced and proposed by Secretaries of State this year. It is therefore necessary to put in place the pre-commencement provisions that I have mentioned.
In case my hon. Friend the Member for Hayes and Harlington (John McDonnell) feels that I have not gone the whole hog, let me explain that my job as the midhusband of the Bill is to produce a new system for dealing with large planning projects. That system will be based on new national policy statements. I have explained the criteria that must be met, and the processes that have to be undergone, for national policy statements to be put in place.
In the end, it is not for me to judge or decide whether a policy paper has undergone those processes; that is the responsibility and a matter for the judgment of the relevant Secretary of State, and they will have to explain the view that they take. If, in their judgment, there has not been the sustainability appraisal, parliamentary scrutiny or public consultation that national policy statements require under the Bill, it is their responsibility to put in place measures to ensure that that is changed. If no national policy statement is formally designated and in place, the IPC cannot decide on a major application. It could examine the application, but it would be for the Secretary of State to make the decisions on the application, as is the case now. I hope that my hon. Friend is satisfied with that; I have to say that I do not feel that I can go much further on that point.
Together, the new clause and the amendments in the group fulfil our commitment to provide for parliamentary scrutiny. They take the significant step of setting that out in legislation. That was done with the encouragement of the Select Committee Chairmen, who were keen for us to do it. I hope that the House will agree that the provisions set out significant, innovative arrangements for parliamentary scrutiny, and ensure that Parliament has a strong say, and a strong influence, on any future national policy statement. I hope that at the end of the debate, in light of what has been said, the hon. Member for Epping Forest (Mrs. Laing) will not feel it necessary to press her amendments to a Division.
I shall now speak rather more briefly, because I recognise the level of the House's interest in the issues covered by this group of amendments. Through amendments Nos. 184 and 185, we have introduced provisions to deal with the blight that could be produced by a national policy statement, a proposed major project application or an order granting authorisation for compulsory purchase. Those are important provisions that give protection to people who may be affected.
New clause 1 and amendment No. 54 seek to give the Secretary of State a specific duty to consider climate change when designating or reviewing national policy statements. Amendment No. 1 would add climate change as a factor in the decision-making framework for the IPC, which makes the decisions. I hope that Members recognise that since the publication of the Bill, there has been development of the position set out in the White Paper.
Our objectives in relation to sustainable development are central to the consideration of future infrastructure needs. That is clearly sensible and necessary for the future of the country, whatever the infrastructure that we are talking about. That is why the Bill includes a duty on the Secretary of State to ensure that national policy statements are drawn up with the objective of contributing to sustainable development. That is why national policy statements will have to be consistent with all relevant European Union law, including the habitats directive, and domestic law, including the Climate Change Bill, which will place tough duties on the Government to tackle the issues of climate change. That is why, before designating a national policy statement, Ministers must carry out an appraisal of their sustainability. The process will also apply to revisions of national policy statements, where the policy is materially affected.
Where the EU strategic environmental assessment directive applies, we will carry out an appraisal of sustainability that will cover all the obligations in the directive, but that directive may not apply to some national policy statements, so it is necessary to have a strong assessment framework that will apply to all statements to ensure that environmental objectives in particular, and also social and economic objectives, are properly factored into the development. That is the principle, purpose and thinking behind our approach.
The planning White Paper included a policy commitment to consider climate change when national policy statements are being developed, and we have delivered on that by requiring an appraisal of sustainability for every national policy statement, in which climate change will be considered. The new regime will also be subject to the provisions of the Climate Change Bill, when they are finally settled and put into statute. That Bill imposes a general duty on Ministers to meet carbon budgets, and to publish proposals and policies for meeting them. The Climate Change Bill will put strong measures in place, and strong duties on Government, to tackle climate change, and I would therefore argue that it is not appropriate or necessary to place a specific duty of that sort on the Secretary of State in the Bill, particularly not before the Climate Change Bill's provisions are made clear and passed by the House.
On amendment No. 1, as I have said, the issue of climate change is dealt with in the requirement to prepare an appraisal of sustainability for national policy statements. That appraisal will be published alongside a draft national policy statement. That will be part of the public consultation that any national policy statement will have to undergo, and part of the parliamentary scrutiny of the statement.
The effect of requiring the IPC to make judgments on the issue of climate change will be to increase the scope of its discretion, but it would be more appropriate for the issue to be dealt with thoroughly by the Secretary of State, with consultation in public and scrutiny in Parliament, when preparing and designating the national policy statement. Requiring the IPC to give a view on a specific issue is likely to introduce additional uncertainty into the process, and it could slow down the decision-making process. It is inconsistent with the approach that we are trying to take in the new system.
I hope that I have set out the thinking behind the significant Government amendments and new clauses, and that I have been able to explain our approach on some of the issues on which hon. Friends and Opposition Members have tabled amendments. I look forward to the rest of the debate.
Planning Bill
Proceeding contribution from
John Healey
(Labour)
in the House of Commons on Monday, 2 June 2008.
It occurred during Debate on bills on Planning Bill.
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