My Lords, I should like to make a brief contribution to this very important debate. I think it is true that the noble Lord, Lord Williamson, has never been an elected representative. I have been, in a number of roles, including vice-chair of a planning committee. All of us in this House and in the other place must be very concerned at the degree of disengagement that the public feel regarding political decisions, and no more so than in planning decisions. We all know how in any community a planning issue of a major development can stir a feeling of frustration and concern which is probably never reflected in any other process in our democracy. But we are talking about a representative democracy, and that is why inserting a ministerial longstop at the very end of the process, as proposed in the amendments of the noble Lord, Lord Dixon-Smith and my noble friend Lady Hamwee, will be critical in terms of public perception. If it is not there—even if it is very rarely used—that will be interpreted as the bureaucrats having won, which would be extremely dangerous.
In our democracy it is very important that we know who will ultimately be accountable for decisions. If they get them wrong and do not, for example, reflect the policy that has been agreed by Parliament or go through the processes of consultation to which the noble Lord, Lord Williamson, referred, who is ultimately responsible for checking that that decision has been properly arrived at?
In my view, going to the courts is not a proper longstop. I hope that everyone in your Lordships' House agrees that regular recourse to judicial review on these matters is something that we should avoid at all costs. Therefore, it is surely much better that the final court of appeal, as it were—the final check to make sure that the process has been correct—should be a Minister rather than judges, somebody who has been elected.
I hope that the Government will reflect very carefully on what the noble Lord, Lord Dixon-Smith, and my noble friend Lady Hamwee have said. If we do not put in place that longstop, the public will interpret this change in the law as yet another move away from engagement by the public in the political process. At a time when the United States has come alive again, and people are a great deal more involved and interested in what is going to happen to them in terms of political decision-making, we would be stepping in the opposite and wrong direction.
Planning Bill
Proceeding contribution from
Lord Tyler
(Liberal Democrat)
in the House of Lords on Thursday, 6 November 2008.
It occurred during Debate on bills on Planning Bill.
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2007-08Chamber / Committee
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