Planning Bill

My Lords, I can answer that. At the moment, we have an end-to-end review—the Killian/Pretty review—which is looking at just the sort of problem that the noble Lord and I both know exists. The second stage is about project development. The Bill requires applicants to consult those whose land interests may be affected, the local community, the local authority and statutory consultees. This, again, is a new process of pre-application. The final stage is consideration by the Infrastructure Planning Commission. Complex projects will be considered by a panel of expert commissioners, with less complex cases being considered by single commissioners. The time limits will be very important. There is a statutory six-month limit for inquiries and a further three months for a decision, both measured from the point at which the inquiry begins. Decisions will be made by the commission, taking into account the national policy statement, the local impacts report from relevant local authorities and any other matters which the commission considers important and relevant. That is the framework in which we are having this discussion on accountability. The charge here is that, by giving decision-making to an unelected body, the proposals undermine the accountability of such decisions to the public. The argument, which we heard again on Report, is that this in turn is unacceptable because of the significance of these decisions. I should like to make three arguments. The first—I could not agree more with the noble Baroness, Lady Hamwee—is that we fully recognise that the decisions on power stations, airports and major roads are indeed big political matters. They involve important questions of the balance of the public interest, the national economy and sustainability. Because we believe that so deeply, the essential change that we are making in the Bill is not to remove the Minister, not to reduce responsibility and certainly not to humiliate the Minister, as the noble Lord, Lord Dixon-Smith, suggested, but to reposition the Minister, the Government and that responsibility in a way that makes the process visible and actually enhances it. I am grateful to my noble friend Lord O’Neill for a very powerful speech, which drew out some rather uncomfortable home truths. For the first time, Ministers will have to set a clear policy framework for our key elements of infrastructure. They will have to make their case for their policy through public consultation; they will have to set out clearly how sustainability is achieved and where the balance of public interest lies; and they will have to consult and go through parliamentary scrutiny. I believe that the questions raised by the noble Baroness, Lady Hamwee, are fully answered. Who takes the decision? The Secretary of State takes the decision. Who do the people believe takes the decision? The people will see that the Secretary of State takes the decision in the national policy statement. Who should take the decision? The Secretary of State should do so. Ministerial accountability will be tested in parliamentary scrutiny. That is strengthened by our own amendment that the Government will need to respond to the views of committees of either House. So let us be clear: Ministers will be visible and at the front of the process rather than at the back end where the Minister takes a decision within the privacy of the private office. My second argument has already been dealt with by my noble friend Lord Hart. He pointed out that because the commission is unelected does not mean that it is unaccountable. I offer two instances. First, it will be appointed by, and need to report on its performance to, the Secretary of State; and, secondly, it will have to give full reasons for its decisions. The third and the most important argument is that this regime will provide much clearer and more transparent decision-making than the current system. I believe that noble Lords have challenged and demolished the misconceptions about the nature of ministerial decision-making. It is often asserted that these decisions are essentially political acts. This morning, those arguments have been exposed as fragile by planning lawyers and Ministers with years of experience. I agree with the very frank appreciation of the process of decision-making by the noble Lord, Lord Jenkin, who has so much experience in this area. Ministers who take planning decisions do so in a quasi-judicial fashion. They cannot be lobbied, or take into account representations received outside the prescribed procedures, and they cannot be challenged in Parliament. But as long as the roles of policy making and decision-taking are so entangled, as they are, there will be an understandable confusion and an obscuration of where decisions are taken. Under the regime in the Planning Bill, the process will be much clearer. The boundary between policy and planning will be clear and explicit. The current situation where the Secretary of State may in some instances set the policy, promote a scheme and then decide whether it should go ahead, effectively acting as judge, jury and defence counsel, will no longer apply. The basis on which decisions are to be taken will be absolutely clear and fair. I say to the noble Lord, Lord Burnett, that the commission will determine applications in accordance with the law. It will not take daft decisions. This is a process of such rigour—