My Lords, my amendment would remove Clause 79 from the Bill, and my noble friend Lady Taylor of Stevenage has given notice of her intention to oppose Clause 81 standing part of the Bill. We have also a further amendment in this group. Clause 79 concerns the power in relation to the provision of planning data, while Clause 81 concerns the power to require the use of approved planning data software in England. After Clause 83, my noble friend Lady Taylor of Stevenage’s Amendment 182 would insert the following:
“The Secretary of State may only make planning data regulations which contain provision relating to local authorities after consulting with local authorities.”
We oppose these clauses standing part of the Bill and have laid an amendment to Clause 83 because local authorities should be able to decide what planning data software they use. Also, local planning authorities that have already purchased software and tools may well find in future that what they have purchased is no longer approved for use, meaning that their investment has been made redundant and they have spent money they can probably ill afford to spend again. Will the Minister ask the department to look at this again in the light of local authorities’ concerns, particularly from that financial perspective?
Clause 81 permits the use of regulations to restrict or prohibit relevant planning authorities using software not approved by the Secretary of State, as I just talked about. The other concern is the unnecessary level of bureaucracy. This also risks reducing competition in the market, and I would be surprised if that is the Government’s intention. What is the Government’s intention behind this clause?
The Local Government Association supports our position and has confirmed that local authorities would of course need to ensure that their planning data software allows them to meet any new data standard requirements. It is also right that, where new regulations relating to local authorities are introduced, it should be done only following proper consultation with local authorities that will clearly be affected by this clause. This will help to ensure that the regulations are fit for purpose and that any new burdens are identified and properly addressed, and to avoid any unintended consequences during implementation. Do the Government intend to carry out any consultation before implementation? Have they already spoken to local authorities about this? If so, what was the response?
We appreciate that the Government are bound by public procurement rules. I spent much time on the then Procurement Bill as it went through this House, so I am aware that within the general procurement framework there is a specific set of rules and handbooks for technology procurement.
However, we believe that the powers in Clause 81 are just too expansive. They enable Ministers by regulation to restrict or prevent the use or creation of software that is used by planning authorities to process the planning data. Further checks should be put in place on their usage, and I will be interested to hear the Minister’s response in that regard.
The noble Duke, the Duke of Montrose, has an amendment to Clause 23 which would require the Secretary of State to publish the results of a consultation and give reasons for any decision reached. We strongly support that amendment. It is an important consideration and consultation should be part of any decision-making in this area. I beg to move.
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