Planning Bill

My Lords, it is a great pleasure to respond to this group of amendments. I know that my noble friend Lord Howarth is a little disappointed that the amendment in which he has a particular interest was not taken separately. I suppose that one would describe this as a portmanteau group of amendments; none the less, we have had a very important discussion. I very much agree with the noble Lords, Lord Jenkin and Lord Dixon-Smith, that we cannot consider the right reverend Prelate’s amendments in isolation from the Energy Bill and the Climate Change Bill. They come together. I agree with the sentiments of all noble Lords in wanting to ensure that the revised and reformed planning system is as consistent as possible with the Climate Change Bill and with what we are seeking to do in the Energy Bill. The argument between us is where ultimate responsibility lies. The Government firmly believe that ultimate responsibility has to be with the Government themselves and with Ministers. That is the difference in the interpretation of the amendments that I am bringing forward and those of the right reverend Prelate. I do not detect any difference between noble Lords in terms of the importance of making sure that we get this right. The noble Baroness, Lady Hamwee, wants to strengthen Ministers’ hands—I shall come on to the detailed argument later. I, too, want to strengthen Ministers’ hands, but in doing so, we have to ensure that ultimate responsibility lies with Ministers. That is the point that I shall be arguing. I would hazard a guess that it was after this proposal was debated in Committee that the Government announced the changes they wished to make to the Climate Change Bill and accepted the advice of the Committee on Climate Change, chaired by the noble Lord, Lord Turner, to go for the 80 per cent target. In a sense, that sets the new context in which we should be discussing these amendments. I suggest that even if Ministers wanted to run away from the implication of that in planning terms—which they do not—it would not be possible because the hugely challenging 80 per cent target means that it will be an imperative for Ministers to do what is necessary to ensure that we meet those targets, not because the target has been set, but because we know that meeting the 80 per cent target is the only way that we will contain the temperature rise to 2 degrees centigrade, which is absolutely critical, as the noble Lord, Lord Dixon-Smith, clearly pointed out. I readily acknowledge the thanks which all Members have offered to the right reverend Prelate for pursuing this point. However, we have reservations about his amendment. We believe that any duties in relation to climate change need to fall on Ministers in performing their role of drawing up and designing the national policy statements. As we have made clear, the ministerial role in the new system is to set out policy in national policy statements that should take account of all relevant policy considerations and be the primary policy framework for IPC decision-making. The role of the IPC is then to examine applications for development consent, taking into account the national policy statement, any local impact report from local authorities, any matters prescribed in secondary legislation and any other matters that the IPC thinks are important and relevant to its decision whether to approve. The IPC is required to determine applications in accordance with the national policy statement except to the extent that one of the exceptions set out in Clause 102(4) to (8) applies. Chiefly, that means that the proposal must not be in breach of the law and its adverse impacts must not outweigh its benefits. There is no question but that the role of the national policy statement is key. Ensuring at the outset that the policy is right and that appropriate weight is given to the various considerations will mean that they are then appropriately examined at each stage of the process. But here comes the reservation. If we were to place duties on the IPC in respect of policy on climate change or any other matter, there is a risk of detracting from ministerial accountability for policy and undermining the principles on which the new regime is built.