Planning and Infrastructure Bill

(Limited Text - Ministerial Extracts only)

Committee stage
Thursday 24th July 2025 Lords Chamber

[Lord Roborough (Con)]

My Lords, I also support Amendment 50 in the name of my noble friend Lord Lucas, which would recognise livestock markets and abattoirs as critical national infrastructure. I draw the Committee’s attention to my register of interests, in particular as a dairy and livestock farmer. This amendment, if passed, would lay the foundation for a new, modernised network of these vital rural services—positions with proper transport links, outside of town centres, and designed to ensure that animals are dealt with humanely, locally and profitably.

As others have pointed out, the abattoir sector is in crisis. In 2023, just 60 small abattoirs remained operational in the UK. That number is falling at 10% per annum, as the noble Baroness, Lady Grender, mentions. At that rate, these essential businesses could vanish entirely. This would be disastrous for rural communities, food security and animal welfare.

Over 90% of abattoirs have closed in the past 50 years. Family farms face round trips of over 100 miles to slaughter just a handful of animals. It is inefficient and undermines the very animal welfare standards that we seek to uphold. However, it is more than just a logistical problem; it is a threat to the viability of local farming and the vitality of our regional food systems. A resilient, shorter and more farmer-focused supply chain demands a well-distributed network of small abattoirs, local butchers and livestock markets. These businesses form the bedrock of local food infrastructure. They offer private kill services for farmers who wish to add value, by marketing directly to consumers, and they provide an essential lifeline to farmers breeding rare or native breeds that larger processors often cannot or will not accommodate.

Two-thirds of livestock farmers report difficulty accessing appropriate abattoir services and one-third say that their nearest abattoir has already closed. Small abattoirs in particular are struggling to survive: they face rising energy costs, increased national insurance contributions and a regulatory system that is disproportionately burdensome. The rules are designed with large-scale processors in mind, not the nuance of a local operation handling a few thousand livestock units a year.

Our previous Conservative Government introduced the small abattoir fund to help these small businesses modernise and alleviate costs. Disappointingly, the current Labour Government chose to cancel it, sending entirely the wrong message to the rural economy after the family farms death tax and the abrupt cancellation of sustainable farming incentive applications.

Livestock markets are also disappearing from market towns. These are an essential part of rural life, where farmers and other rural inhabitants can come together, generating real social cohesion and a shared sense of community. If this Government are serious about rural resilience, food security and animal welfare, they should look to support the amendment in the name of my noble friend Lord Lucas. It would provide abattoirs with the planning status that they need to invest, modernise and survive. It would allow new facilities to be built with appropriate infrastructure and make it clear that local food systems matter just as much as energy or transport. Livestock markets will ensure that communities can continue to bond on market days.

This amendment speaks to a wider issue in our national life, where traditional social infrastructure is made uneconomic through burdensome regulation. Large, impersonal businesses are able to cope with this far better than small ones. I urge the Government to consider, in all legislation and regulation, how they can encourage and empower these community businesses to thrive.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)]

My Lords, Amendment 50 tabled by the noble Lord, Lord Lucas, seeks to create a national policy statement for livestock markets and abattoirs.

The Government are committed to a resilient food supply chain. A thriving abattoir network is vital to this, providing a competitive route to market for producers, including those rearing rare and native breeds. Despite recent challenges, England’s resilient meat-processing sector continues to ensure food supply and security, and the Government remain confident in its strength.

The Secretary of State already has the power, under Section 5 of the Planning Act 2008, to designate a national policy statement for any specified description of development, should they choose to exercise their discretion to do so and where the statement meets the criteria set out in this section. This matter should be considered on a case-by-case basis. Another concern we have with the noble Lord’s amendment is that it attempts to override this discretionary process and would, in effect, fetter the Secretary of State’s discretion.

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[Lord Jamieson (Con)]

Grayling. As was pointed out earlier, it has been 184 days. Some of us are just getting a little tired. Like my noble friend, I must also offer a note of caution and a bit of a “but”.

Although CCS is a promising technology, it is not without its challenges. It is expensive, it is not a silver bullet, and it is somewhat untested. Therefore, as the noble Earl, Lord Russell, pointed out, we need closer scrutiny to make sure that it can be done commercially and at scale, which, to date, has not been done. It has not been proved to be viable. We do not want a technology that will cost the taxpayer money, and there are other technologies that could also potentially achieve this aim.

We should also consider this as part of a broader strategy. We must continue to prioritise clean energy, in particular dense technologies such as nuclear. It is our duty to ensure that the costs of decarbonisation are not unfairly borne by households and businesses already facing significant financial pressures.

So, while I support the broad intention of the amendment and agree that enabling clarity in planning and law is important, we must proceed with care. Our route to net zero must be grounded in economic and technical reality.

[Lord Khan of Burnley (Lab)]

My Lords, I thank my noble friend Lord Hunt of King’s Heath for tabling these amendments, which relate to carbon capture and storage designation. Amendment 51 would amend the Planning Act 2008 to enable the designation of

“carbon dioxide spur pipelines and carbon capture equipment … as Nationally Significant Infrastructure Projects”.

As my noble friend knows well from his time as Minister of State at the Department for Energy Security and Net Zero, this Government recognise the pivotal role of carbon capture and storage in securing growth, achieving their climate goals and transitioning to a low-carbon economy. That is why we have committed to substantial investment to support the development and deployment of carbon capture and storage across the UK.

However, although the Government are committed to the deployment of carbon capture, transport and storage, this amendment could lead to confusion for developers, as it would, in effect, provide a choice for developers in consenting routes. Onshore electricity generating stations with a capacity exceeding 50 megawatts, including those using carbon capture technology, are classified as NSIPs under the Planning Act 2008 and require a development consent order—a DCO. Onshore carbon dioxide pipelines over 16.093 kilometres in length also classify as NSIPs and require a DCO. However, smaller pipelines and industrial carbon capture facilities sit outside the NSIP regime, and applications for development are determined by the local planning authorities under the Town and Country Planning Act 1990. This is consistent with the consenting process for pipelines and industrial facilities more broadly and, as far as we are aware, experience from the planning process for the first carbon capture and transport projects has not identified significant issues for projects determined by the local planning authorities thus far.

Nevertheless, carbon capture, transport and storage remain nascent sectors in the UK, and officials in my department are working closely with the Department for Energy Security and Net Zero, and the Department for Environment, Food and Rural Affairs, to ensure that the full range of consenting and permitting regimes for carbon capture, transport and storage remain effective and appropriate.

Amendment 91 seeks to amend the Pipe-Lines Act 1962 to disapply the requirement for special parliamentary procedure in relation to pipelines or lengths of pipeline that are to be repurposed for the conveyance of carbon dioxide. It should be noted that, as drafted, the amendment would not legally achieve its intended purpose as a relevant subsection of Section 12A allows a Secretary of State to revoke a compulsory rights order rather than grant one.

Nevertheless, even with that to be addressed, and while I certainly sympathise with the spirit of the amendment, it would not be practical. Section 12A of the Pipe-Lines Act allows a Secretary of State to make an order for the compulsory acquisition of rights over land that are necessary for the conversion and use of a pipeline to convey carbon dioxide. The making of such an order is subject to special parliamentary procedure.

The Government recognise that it can be more efficient to repurpose existing pipelines for use in a carbon capture, transport and storage project compared with building new pipeline infrastructure. Where the pipeline infrastructure is considered suitable for reuse in this way, the Government support this. For example, we have recently legislated to remove a tax barrier that oil and gas companies have told us would prevent the transfer and repurposing of suitable assets from use in oil and gas, such as pipelines and platforms for use in carbon dioxide, transport and storage.

However, as the works involved in the repurposing of pipelines for the conveyance of carbon dioxide could impact local communities and landowners, enabling the compulsory acquisition of rights over land to remain subject to a special parliamentary procedure would ensure proper scrutiny of such proposals.

The Government support the repurposing of onshore and offshore infrastructure for use in carbon capture, transport and storage projects as part of the UK’s drive to net zero. We are already seeing this in practice, where the HyNet carbon capture and storage cluster in the north-west will be served by a combination of new and existing infrastructure. We are committed to ensuring that the right support and mechanisms are in place to enable the repurposing of suitable onshore and offshore infrastructure, and I hope with this reassurance my friend will feel able to withdraw his amendment.

Before I sit down, I want to refer to the important points made by the noble Lord, Lord Grayling, which I take seriously. I note that consideration of Part 3 and wider environmental issues will take place after the summer. We will consider his points over the summer, as requested. The points the noble Lord is making are mainly being debated in September, so we can pick them up in response to similar amendments, including in relation to Part 3. For the reasons I have just outlined, I ask my noble friend to withdraw his amendment.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am grateful to all noble Lords who have taken part. I thought the intervention from the noble Lord, Lord Grayling, was very interesting. I very much take his point about the precautionary principle. A degree of proportionality is required by our regulators in the way they operate. One of the concerns that I and a number of noble Lords have is whether the current regulators are up for the kind of dynamic change we need in the way they perform, and that is really why there are concerns around Part 3.

There are concerns from people very concerned about nature protection, which I well understand. Equally, my concern is that we are putting a hell of a lot of responsibility on Natural England in relation to EDPs. The way I read it, this Bill is largely written around housing requirements, and I can see how EDPs can apply to housing, particularly if you have a number of housing developments within a particular area. A pretty unknown quantity is how this is going to apply to major infrastructure projects as well—but I take the noble Lord’s point.

The noble Lord, Lord Jamieson, is absolutely right. We are taking a punt on CCUS. I am confident about it. His Government continued the work in this area. I think we see in Norway enough to suggest that we can pull this off. The potential for the UK here is enormous, in terms of both our approach to climate change and decarbonisation and the huge export potential.

On the wording of the Bill, I have checked the Planning Act, and in Section 14 there is an order-making power for the Secretary of State that I think can deal with the flexibilities around the length of the pipeline. I should say, as I took the energy bits of that Act through your Lordships’ House, that I feel a particular affinity towards that perfectly formed legislation.

I am grateful to the Minister, because clearly he and his officials are having a look at this. I noted that he did not think much of my Amendment 91, so I will have to go away and reflect on that. I think his main argument was “We don’t really think this is a problem, but we will have a look at it”. My intelligence is that CCUS developers think it could be a problem. If we can iron out some of these things, which are really not mega-principal, that would be very helpful. Having said that, I beg leave to withdraw the amendment.

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[Lord Khan of Burnley (Lab)]

My Lords, Amendment 53A, tabled by the noble Baroness, Lady Kramer, seeks to insert a new clause that would require the Secretary of State to establish an independent body to receive and investigate whistleblowing disclosures relating to nationally significant infrastructure projects, including responsibilities for oversight and protections for whistleblowers.

The NSIP regime is responsible for delivering consenting decisions on the most complex and critical infrastructure projects. The framework, underpinned by the Planning Act 2008, is based on principles of fairness and transparency. As noble Lords have heard throughout the debates on the Bill so far, it is vital that the Government’s decisions on major infrastructure projects are properly informed by relevant expert bodies, as well as those who are affected by the application, including landowners, local authorities and local communities. That is what the Planning Act and NSIP regime enables.

This planning process includes the transparent appointment of an examining authority, which has six months to consider the views of members of the public, local authorities and other interested parties as part of the examination of an application. It also involves interested parties such as regulators, including the Environment Agency and Natural England, in examinations, and enables them to outline any concerns they have. Ultimately, based on evidence and the legal framework, the Secretary of State has the ability to grant or refuse consent for the development consent order, and must prepare and publicise a statement of reasons for their decision. Finally, the lawfulness of decisions can be challenged in the courts.

While I have been interested to hear the noble Baroness’s views today, I am afraid that I do not share the view that whistleblowing is a widespread issue within the NSIP regime or that there is currently sufficient evidence to warrant action. More broadly, I understand that the noble Baroness, Lady Kramer, has long called for the introduction of an office of the whistleblower to centralise and triage disclosures, enforce standards and provide advice and support to those considering making a disclosure of information. However, the Government do not support the establishment of an office of the whistleblower at this time. Such a step would introduce a significant structural change to the whistleblowing legal framework, which the Government believe should be considered as part of a broader assessment of the operation of the framework. I also do not agree that this is something which should be tackled through this Bill.

The Government are keen to work with organisations and individuals who have ideas on how to further strengthen the whistleblowing framework. Our first priority is the Employment Rights Bill, which delivers on our commitment to strengthen protections for whistleblowers who report sexual harassment at work. I do not think the fact that they are not NSIPs is the best argument to make, given that they are so evocative. It is a really important issue to discuss here, with the relevant focus. No examples were given by the noble Baroness that would give consent to the NSIP regime or go through the system. I therefore ask the noble Baroness to beg leave to withdraw her amendment.

[Baroness Kramer (LD)]

My Lords, I am obviously not encouraged by the government response. It seems a weakness not to recognise how essential it is that there is transparency in major infrastructure projects, for the sake of everybody involved—but I was very encouraged by the comments across the Floor. I am not precious about how whistleblowing is structured, except that the channel needs to be genuinely perceived as being independent and having the power to protect whistleblowers, making sure that investigation follows where necessary.

I will make two comments. First, on grievances, part of the reason for having an expert body is that it will be expert at identifying the truth. Sometimes under a grievance there is real truth that matters, but there can be mischievous reporting. Whistleblowing expertise is very good at quickly winnowing that out, because obviously that is not where you are going to focus your time, energy and effort, and you want to make sure that it is stropped in its tracks. But we know from experience across the globe that that is very well managed.

Secondly, on the issue of changing the culture—that is what they used to say in the United States, until offices of whistleblowing were introduced widely across the financial sector and are now being picked up by the Department of Transportation. That may change with the Trump Administration, but you are seeing them picked up across other areas in the United States, because having an Office of the Whistleblower with the appropriate kind of powers has had a dramatic impact on the culture. There has been a sharp drop in bad actors, because people know that they are not safe. There is no greater deterrent than knowing that somebody will speak out, and it very much changes the whole culture within an industry.

It is also important to recognise that, with a good whistleblowing system, you get information very early—it is the canary in the mine. Therefore, in the case of the Elizabeth line, you know very early on that something is going wrong when you have scope to act, correct and manage. It is truly an important mechanism to save a project as well as protect the public.

I am fascinated that this argument is beginning to get widespread recognition and traction. I am totally supportive of a great deal of new infrastructure across the UK, so let me suggest that we must have with it a mechanism that means that disclosure and transparency happen at the earliest possible moment when things go wrong and before they turn into project-destroying phenomena.

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[Lord Jamieson (Con)]

My Lords, Amendment 53B in the name of the noble Lord, Lord Hunt of Kings Heath, proposes a sensible and pragmatic change to the current requirement that, before a nuclear power station is built, an assessment must be made as to whether the social, economic and other benefits outweigh the health detriment caused by ionising radiation. The amendment seeks to disapply this requirement in cases where planning consent has already been granted.

This change is both timely and necessary. We must look carefully at how to prevent nuclear power projects from being blocked or delayed, especially in the context of a wider energy landscape. Notably, the Government are currently presiding over the highest prices for offshore wind in a decade, which highlights the urgent need for diverse, affordable, reliable and resilient energy sources. Nuclear power stations provide that critical alternative—one that is essential to the UK’s growing demand for electricity in a cost-effective and secure manner.

Noble Lords across the House can agree on the vital importance of nuclear energy to our energy strategy. Nuclear energy remains a cornerstone for delivering a cheap, stable and low-carbon supply of electricity. It is crucial not only to meet our ambitious climate commitments but to safeguard energy security in an increasingly unpredictable world. The reliability of nuclear power provides a steady backbone to the electricity grid. As such, it is an indispensable part of our efforts to build a resilient energy system.

We acknowledge that we need rigorous planning and regulatory processes, but these are already in place for nuclear projects. These processes thoroughly assess health and safety concerns, including the risk posed by ionising radiation. While I might not go as far as some other noble Lords today about “wasteful”, “useless” and “byzantine” regulation, I certainly believe that it is duplicative. We therefore do not need to do it again, if planning consent has already been granted and has already assessed those risks. It would create unnecessary complexity and delays, without delivering any meaningful public benefit.

Where planning consent has already been obtained, following comprehensive scrutiny, it is entirely reasonable to disapply this further requirement. Doing so would streamline the development process, reduce unnecessary bureaucratic hurdles and support the timely delivery of vital infrastructure projects, which are so central to the UK’s energy future. For these reasons, we hope that the Minister has listened carefully to the concerns raised in relation to this amendment.

[Lord Khan of Burnley (Lab)]

My Lords, Amendment 53B would have the effect of removing the need for nuclear technologies that generate electricity or heat to undergo regulatory justification. Regulatory justification is derived from international standards. Its purpose is to ensure that all practices involving ionising radiation, including nuclear technologies, must first be assessed to determine whether the individual or societal benefits outweigh the potential health detriment from that practice. It is a key pillar of radiological protection.

That said, I am aware that there are concerns around the process of justification for nuclear reactors and that it is considered administratively burdensome—I heard that argument loud and clear from the noble Lord, Lord Naseby, and my noble friend Lord Hunt of Kings Heath. That is why I am pleased that it forms part of the nuclear regulatory task force’s review of nuclear regulation.

The Government are committed to stripping out ineffective, overlapping and unduly burdensome processes, but as we move forward with new nuclear, it is vital that we maintain high standards of health and environmental protection and fulfil our international obligations. The nuclear regulatory task force is examining all aspects of nuclear regulation, including regulatory justification, environmental permitting and nuclear licensing and planning. We expect it to come forward with recommendations that will streamline the regulatory processes and reduce unnecessary burden.

I believe that more effective solutions can be found to improve the process of regulatory justification by including it, as the task force is doing, in a holistic review of the nuclear regulatory framework. Therefore, we unfortunately cannot support this amendment. I hope that my noble friend Lord Hunt is satisfied with my response and will withdraw his amendment.

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[Lord Whitty (Lab)]

That is true at present, but we are about to invent a new system of regulation of the total water system, which must have some interface with the planning system that we are referring to in this Bill. It may not be in this clause, but somewhere in the Government’s mind this should be an issue to address.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, the first three amendments in this group seek to ensure that the fees charged by the prescribed bodies to highways authorities under the Highways Act 1980 are not excessive, that the level of fees charged does not cause highways authorities financial hardship, and that the regulations detail financial mechanisms and arrangements to support highways authorities in meeting any charges that may be forthcoming under Clause 29. I welcome the noble Lords, Lord Moylan and Lord Grayling, raising points related to the public purse. The ability of organisations to plan and fund resources accordingly is important to the successful implementation of these reform measures.

Clause 29 is an enabling power that allows the Secretary of State in England and Welsh Ministers in Wales to make provision for, through regulations, the charging of fees for services provided to support Highways Act 1980 applications. I underscore that Clause 29 is intended only to allow prescribed bodies to charge fees on a cost-recovery basis. Its implementation, through supporting regulations, will not allow them to make a profit. The ability to recover reasonable costs will support the capacity and capability of specified public bodies. This in turn will encourage timely and high-quality inputs into the process.

As in other infrastructure consenting regimes where cost-recovery principles have been introduced, the regulations will be used to set out that fees may not exceed the costs reasonably incurred in providing the relevant services. The clause states that the regulations may make provision in respect of

“what may, and may not, be taken into account in calculating the amount charged”.

This provides a satisfactory basis on which to achieve the intention of the amendment. As part of stakeholder engagement, the Government will rightly continue to engage to understand the potential financial implications for highways authorities, prior to introducing regulations. The Government believe that, taken together, our commitments to produce statutory guidance alongside the regulations will ensure that the fees charged by prescribed bodies are done only on a cost-recovery basis and will provide appropriate flexibility in the light of changing circumstances to review and adjust fees where necessary and justified.

In respect of transparency, local authorities are already under a duty to maintain a system of internal audit and to appoint external auditors to audit their accounts annually. Government departments and their non-departmental public bodies in England are audited by the National Audit Office on behalf of the Comptroller and Auditor-General. The Welsh Government and their non-departmental public bodies in Wales are audited by Audit Wales on behalf of the Auditor-General for Wales. The department allocates capital funding to local highways authorities so that they can most effectively spend this funding on maintaining and improving their respective networks based upon their local knowledge, circumstances and priorities. It is therefore for the respective highways authorities to determine how best to spend this funding to fulfil their statutory duty under Section 41 of the Highways Act 1980.

Precedent from other regimes with cost-recovery principles directs that the matters identified in the proposed amendments can be satisfactorily addressed through secondary legislation and guidance. In so doing, that will provide suitable flexibility for the operation of a cost-recovery regime in the event of changing circumstances.

The points proposed in the noble Lord’s Amendment 53F are important. It is the intention, as in other transport-consenting regimes with cost recovery, that they will be addressed through secondary legislation. The regulations will, among other things, explain how fees should be calculated and when fees can and cannot be charged, as well as specify which bodies can charge fees.

I turn finally to Amendment 53M. Clause 40 is an enabling power that allows the Secretary of State in England and Welsh Ministers in Wales to make provision through regulations to charge fees for services provided to support Transport and Works Act applications. As in other infrastructure-consenting regimes, where cost-recovery principles have been introduced, the regulations will be used to set out that fees must not exceed the costs reasonably incurred in providing the relevant services. These regulations will detail not only the bodies that will be able to recover fees but the basis on which fees should be calculated. The regulations will also consider circumstances in which fees may or may not be charged and when these fees may be waived or reduced.

Taken together, the Government believe that our commitments to produce statutory guidance alongside regulations will ensure that fees charged by prescribed bodies are done only on a cost-recovery basis and provide appropriate flexibility in the light of changing circumstances to review and adjust fees where necessary and justified.

The noble Lord, Lord Moylan, asked what the prescribed bodies are. I am happy to write to him to set out which bodies the Government have in mind. The sorts of services that might be included are, for example, providing advice on significant adverse effects on the environment and mitigating those effects. The Environment Agency might, for example, provide advice on surface water flood risk from a new highway and how to mitigate it.

The noble Lord, Lord Grayling, referred to punitive charges in certain circumstances. While I sympathise greatly with the idea that all public bodies should behave in a timely and proper manner, I am not entirely sure that punitive charges ought to be set out in an arrangement that seeks just to make the system work better.

[Lord Grayling (Con)]

It may be that this is not the right vehicle for this, but most local authorities do not have the resource to inspect works carried out by utility companies, for example. As a result, the works tend to deteriorate faster than they should do. Putting in place a punitive regime to enable a local authority to apply fines would provide additional resource for extra inspections. That is something that, in hindsight, I wish I had been able to do and which the current Government could do.

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord for his intervention and I am very sympathetic to his point. He is quite right. He and I both know that, on many occasions, reinstatement works are done badly and do not last long. The recovery of inspection charges to find that out is reasonable; punitive charges beyond those levied for work reasonably incurred are probably not reasonable. This may not quite be the vehicle to do it, but I have every sympathy with what the noble Lord is saying. As he probably does, I inspect pavements and roads almost daily and despair at their condition.

I will deal with my noble friend Lord Liddle’s point on Amendment 71 when we get there, even though he will probably be in transit to somewhere else. I will take away the points about run-off water, which were debated by the noble Lord, Lord Whitty, and the noble Baroness, Lady Pinnock, and reflect on the extent to which they are covered by these amendments.

I thank the noble Lord, Lord Moylan, for tabling these amendments and appreciate his interest in these clauses. However, I ask that he withdraws Amendment 53C.

[Lord Moylan (Con)]

My Lords, I start by congratulating the noble Lord, Lord Liddle, on the deftness with which he developed a debate on charging fees into one about charging his electric vehicle. It demonstrates the indulgence of your Lordships that he could get away with that for the whole length of a speech. Well done is what I would like to say to him.

In the light of the Minister’s clear assurances at the Dispatch Box that these genuine concerns, which are not mentioned in the Bill, will be dealt with satisfactorily through secondary legislation—

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[Lord Hendy of Richmond Hill (Lab)]

My Lords, before I turn to Amendment 53G, I will reflect on the point made by the noble Lord, Lord Moylan, at the end of the previous group. I will, of course, write to him about the question of the general fund versus the highway fund. He reflected on the deftness of the noble Lord, Lord Liddle, in turning his amendment to charging electric cars, but I have some sympathy as the noble Lord will be travelling on Avanti on a Thursday afternoon.

Amendment 53G seeks to require

“strategic highways companies to undertake a minimum 12-week consultation with neighbouring highway authorities, local planning authorities, and”

relevant

“combined mayoral authorities before making trunk road designation orders”.

I welcome the reasoning behind the noble Lord’s amendment and note that the existing legislation makes some provision in respect of these matters—most notably, in parts II and III of Schedule 1 to the Highways Act 1980, which set out consultation requirements in respect of every council in whose area the proposed highway order relates.

The noble Lord’s amendment could introduce an additional and unnecessary administrative burden on those neighbouring local authorities that are not directly affected by a proposed order but would necessarily be directly consulted by National Highways. Mandating engagement risks diverting resources away from the core task of delivering vital infrastructure and could lead to delays.

[Lord Moylan (Con)]

My Lords, it is an ingenious argument on the part of the Minister, but I have never come across, and I may say that he has never come across, a consultation that mandates a response from a consultee who has nothing to say.

[Lord Hendy of Richmond Hill (Lab)]

We will differ slightly on the interpretation. I think that I agree with him.

Furthermore, imposing a 12-week minimum consultation period would introduce rigidity that would have the consequence of significantly slowing down the delivery of transport infrastructure projects. It would be contrary to the purpose of Clause 31, which is designed to make consultation more efficient while maintaining necessary safeguards.

Amendment 53H, tabled by the noble Lord, Lord Moylan, proposes to amend the notice period from 30 days to 28 days. He did not detain us long, and neither will I. The purpose of this is to reduce it from six weeks. I note his comparison with the Planning Act. The Government’s proposal of 30 days seems, to the Government at least, to strike a good balance in this respect. That is where we propose to leave the matter.

Amendment 53I, tabled by the noble Lord, seeks to write into primary legislation that the Secretary of State must publish the notice of making a highway order and the confirmation of a highway scheme within seven days, along with the related documentation. Currently, notices are dated on the day they are published. The amendment would not have the effect of speeding up that part of the process. I appreciate the noble Lord’s interest in this clause and the intentions behind the amendments, but I ask him not to move his amendment.

The noble Lord has given notice of his intention to oppose Clause 34 standing part of the Bill. The clause contains an enabling power that allows the Secretary of State in England and Welsh Ministers in Wales the power to move model clauses from legislation into guidance to make the Transport and Works Act process more efficient for applicants. The model clauses are intended to streamline the delivery of Transport and Works Act orders. They set out standardised provisions for applicants and other stakeholders to consider in the preparation of applications. They can currently be amended only through secondary legislation, so moving them into guidance will allow these helpful guiding provisions to be updated on a more responsive basis via a more efficient process. This supports the Bill’s aim of simplifying and streamlining transport laws, ensuring that we have a more efficient legal framework. I urge the noble Lord not to oppose the clause standing part.

[Lord Moylan (Con)]

My Lords, the Minister did much less well that time round than he did on the previous debate. At least on the previous debate he said that the issues that I had raised would be dealt with one way or another in secondary legislation. Here he is moving into government blank wall approach: nothing can be changed. None the less, given the relative triviality of this part of the Bill and the fact that it does nothing whatever to promote growth but tidies up a few things here and there—that is all from the bottom of a bureaucrat’s desk—I am happy at this stage to beg leave to withdraw my amendment.

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[Lord Hendy of Richmond Hill (Lab)]

This amendment seeks to provide safeguards in legislation to implement powers of temporary possession under the Highways Act 1980. Of course, that Act already contains powers covering the compulsory acquisition of land and rights in and over land. Clause 33 would make it explicit that those powers can also authorise temporary possession.

We are introducing this power because currently in the Highways Act there is no mechanism for the temporary possession and use of land through means of compulsion. Where land is required only on a temporary basis, if access to such land cannot be achieved by agreement with the landowners, the highways authority will seek powers of compulsory acquisition to enable it to use the land. Powers of compulsory acquisition are disproportionate to the needs of highways authorities that need to access the land only temporarily. This measure will offer a more proportionate route, aid land negotiations and provide legal protection to landowners that they will regain their land following the carrying out of works.

The noble Lord, Lord Banner, raised the definition of “temporary”. This is not defined in legislation. It has the meaning of lasting for only a limited period and not permanently. This provides flexibility to the order-making authority and landowner when considering the nature of the powers. He is right that the power would not always be used, because if the land could be temporarily used in another way, the relevant public authority would use that instead.

The noble Lord, Lord Moylan, raised some very important points on compulsory acquisition of land and rights over land. These matters are already embedded within the existing compulsory purchase mechanism that underpins not only the Highways Act 1980 but other infrastructure consenting regimes. For example, land compensation is calculated in accordance with the Land Compensation Act 1961. The legislation sets out the mechanism by which compensation might be calculated and, in the case of dispute, the mechanism for seeking resolution. A suite of published guidance exists to support these established mechanisms. The Highways Act 1980 therefore already embeds an existing and well-founded mechanism for consideration of compulsory acquisition of rights in and over land. The clause would not amend this but simply make it explicit that it applies to powers of temporary possession and occupation, as well as powers to permanently acquire land.

[Lord Moylan (Con)]

My Lords, the noble Lord would surely agree that those provisions do not cover one of the questions that must arise in the case of temporary possession of land, which is the condition in which you are obliged to return it. Since the permanent acquisition of land by compulsory purchase does not contemplate that it will ever be returned, there will not be any provisions that cover that. This must be another one of the issues. In what condition are you required to return it? That is also addressed in one of my amendments. Surely the Minister cannot claim that prior legislation explicates and resolves all that.

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord for his intervention. Since he asked the question, I will write to him about how the condition of the returning land is to be dealt with. In the meantime, I kindly ask him to withdraw his amendment.

[Lord Lansley (Con)]

I am sorry to interrupt the Minister, but on that point, Section 252 of the Highways Act allows for a counter notice from somebody where rights over their land have been compulsorily acquired to seek to have their interest in the land purchased. I wonder whether the Government might consider whether the temporary possession of land might also reasonably give rise to an opportunity for a landowner to seek that the land be acquired on a permanent basis.

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord, Lord Lansley, for that point. He makes a very valid point, and we will go away and consider it. I thank him very much for raising it. I kindly ask the noble Lord, Lord Moylan, to withdraw his amendment.

[Lord Moylan (Con)]

My Lords, I regret to say that the Minister has confirmed one’s worst fears about this clause—that it has created something wholly new and unprecedented and has done so without proper safeguards and without being properly embedded in a piece of legislation that would invite appropriate scrutiny. Rather, it is in a very short clause in a Bill that appears to be about something else. He appears to be saying that, but I have a suspicion from what the noble Lord has said that, actually, something else might be going on: those who have drafted this clause have simply got muddled about the difference between acquiring rights over land, such as way leaves and so forth—necessary for the purpose of construction—and actually acquiring the land itself. Indeed, it is notable that, in the Minister’s response, he gave no reason and no examples as to why it should ever be necessary to acquire the land outright rather than to use the existing provisions available to those who can exercise compulsory purchase powers.

In all candour and friendliness, I suggest to the noble Lord that he consider very carefully whether this clause is necessary—and, indeed, whether it actually achieves what it was intended to achieve in the first place or goes way beyond it. It is certainly the case that, if an amendment is not tabled by the Government at the next stage of consideration of this Bill, it will be the subject of a very significant and lengthy debate as a result of amendments tabled by this Bench. In the meantime, I would be grateful for your Lordships’ permission to withdraw my amendment.

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It seems to me to be really important that we should focus on giving individuals a right to stand against the state when they have something reasonable to say. I can understand, within the allowable margin on these things, wanting to tighten up the current wording, but in all my noble friend’s amendments I think he is pointing out really important changes that need to be made to the Bill and need to be reflected in the Government’s thinking generally. A citizen who has a reasonable complaint about the way they have been treated by the Government should be given a hearing, and taking it away in the way the Bill does is not something we should tolerate.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I am very grateful to the noble Lord, Lord Moylan, for setting out so succinctly the choices for the routes by which infrastructure projects might be pursued. The objective of the Bill is to deliver a faster and more certain consenting process for infrastructure, because a failure to build enough infrastructure is constraining economic growth and threatening the economy, climate targets and energy security. There is a strong purpose in this whole suite of amendments. In this case, it is not intended to withdraw the right of individual citizens to take action; it is designed to deal with objections to transport infrastructure projects more proportionately. Sometimes, those objections will necessitate a public inquiry. On other occasions, however, an exchange of correspondence may achieve the same goal but quicker, cheaper and more efficiently. All objections will continue to be decided entirely on the merits of the arguments put forward. It does not mean less scrutiny but it is designed to speed up the Transport and Works Act process.

Currently, if an objection that is better than frivolous or trivial is raised through an application under the Act by a statutory objector—that is, an affected local authority or landowner—a public inquiry or hearing must be held, even if the objection is deemed to lack substance. This can result in a costly and lengthy public inquiry even where objections clearly lack merit. Instead, it is proposed that a public inquiry or hearing be held only when an objection by a statutory objector is considered serious enough to merit such treatment. A streamlined process for considering objections saves time and costs for applicants and objectors, but a proportionate objection process will still remain, ensuring that objections are given due attention and decisions communicated to all parties.

On Amendment 53K—

[Lord Moylan (Con)]

Before the noble Lord moves to Amendment 53K, what does he understand, and what should noble Lords and members of the public understand, by the term “serious enough”?

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[Lord Hendy of Richmond Hill (Lab)]

We have to get ourselves into a position where it is possible to get schemes to move forward based on a consideration of the objections and whether they can be dealt with by means other than a public inquiry. It is evident from how the processes work at the moment that delays can be and are being incurred. Of course the definition needs to be fleshed out in due course, but the Bill seeks to streamline the whole process by introducing another bar into it. The Government have chosen the definition

“serious enough to merit such treatment”

to define what that is.

On Amendment 53K, the Government consider that procedural matters such as providing written reasons for a decision on whether to hold a public inquiry are best dealt with in guidance or secondary legislation. By reducing the current unnecessary bureaucracy or disproportionate process, this clause will help support a faster transport consenting process.

Amendment 53L would ensure that costs may be imposed on a person only when that person has acted maliciously or unreasonably during a public inquiry process. Clause 37 introduces to the Transport and Works Act a new power enabling an inspector conducting a public inquiry to make decisions on relevant cost claims rather than the Secretary of State, as is currently required. Department for Transport Circular 3/94, which governs how claims for costs during a Transport and Works Act inquiry are handled, makes explicitly clear what constitutes unreasonable behaviour and the circumstances in which it can be applied. Guidance of this type is also used for the Planning Act 2008 regime and appeals under the Town and Country Planning Act 1990. Inspectors conducting inquiries on Transport and Works Act applications will continue to apply the circular when considering costs. The intent of the proposed amendment is achieved through existing means.

I thank the noble Lord for the amendments he has tabled but, for the reasons outlined, ask that he does not press them.

[Lord Moylan (Con)]

My Lords, I think many noble Lords—I am one of them—have general sympathy with the Government’s ambition to remove unnecessary obstacles to the approval of infrastructure projects, which is why one has tried to be as indulgent as possible in bringing forward amendments to their clauses. But in this case, it simply will not stand. It is an entirely circular definition to say that an inquiry will be held if the objection is serious enough to merit an inquiry. It is entirely self-defining; it tells us nothing whatever. It does not tell us anything objective about the seriousness required, as one of my amendments would set out. The Government will have to come back to this because, as it stands, it is completely unsustainable.

[Lord Lucas (Con)]

My Lords, before my noble friend withdraws his amendment, I have a question for the Minister. He said the definition needs to be fleshed out in due course. Under what powers in what Act will that fleshing out be done?

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord for his interjection. I will write to him after this Committee and set out some more detail.

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[Lord Hendy of Richmond Hill (Lab)]

The noble Lord, Lord Moylan, makes an interesting point. I will not replicate the intention of Clause 38 because that is already pretty clear to the House. However, I am not sure that he is entirely correct in saying that what he describes as a DCO is a wholly bad thing because, in practice, it is sometimes a very good thing that the parties sort themselves out before the inspector starts the inquiry, rather than prolonging the inquiry by sorting themselves out while the inspector is sitting.

It is true that the DCO has the time limit that the noble Lord describes, whereas the Transport and Works Act does not. The Government’s view is that that leads to uncertainty in the consenting process and that introducing statutory timeframes will provide increased certainty to stakeholders, which has been valued in other transport consenting regimes. It will introduce greater accountability to the decision-makers. It should speed up the consenting process and should allow applicants to be better prepared post consent. I therefore kindly ask the noble Lord not to oppose Clause 38 standing part of the Bill.

[Lord Moylan (Con)]

I do not intend to oppose Clause 38 standing part of the Bill.

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[Lord Hendy of Richmond Hill (Lab)]

My Lords, the Bill seeks to deliver a faster and more certain consenting process for infrastructure. It is quite clear that there are a whole range of measures within the Bill that seek to do that, and I think the general clarity of the intention of the Bill is absolutely there.

But I am going to save your Lordships quite a lot of time because, having said that and having listened very carefully to the contributions made by a series of noble Lords just now, I can say that the Government are not looking to reduce heritage protections through this clause. We are seeking to streamline the process of decision-making by creating a one-stop shop; it would sometimes be the case in the current regime that separate government departments would still need to issue separate consents.

In the light of what noble Lords have seriously said—with some passion, conviction and a great deal of clarity—I commit to go away and reflect on the arguments raised. I cannot say what happened following the discussion in the other place, but I can commit to considering all the arguments raised. We will return to this subject, bearing in mind what I have heard this afternoon. In the meantime, I kindly ask the noble Baroness to withdraw her amendment.

[Baroness Pinnock (LD)]

This may be a first for me in this House to have a Minister listening to the arguments and thinking, “Maybe this needs further thought and consideration”. I congratulate the Minister on achieving that today, because that is what Committee should be about: we make the arguments and question what the Government are proposing, and the Minister listens carefully and, instead of defending the indefensible, says, “Good points have been made, and I am going to go away and seriously think about them”. I thank him most heartily for doing so. It has been a really thoughtful, considered and expert debate from people who have had experience in government on the same issues and have raised—more eloquently than me—the issues that are pertinent to this clause.

None of us here wants to stand in the way of the development of important infrastructure. That is not what this is about. It is not about preserving our heritage in aspic—as the noble Lord, Lord Parkinson, said—but finding new life for our heritage assets and respecting them. It is about having that balance between the heritage that people in this country really value, on the one hand, and the importance of having a growth in infrastructure on the other. At the minute, I think the Government have that balance wrong. I very much thank everybody who has taken part in this debate. I really look forward to the Minister coming back and helping us with this. I beg leave to withdraw my amendment.

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[Lord Moylan (Con)]

My Lords, again I return to the Dispatch Box not to object as a matter of principle to what the Government are proposing in Clause 42 but to throw a little grit, in the hope that the Government will explain the consequences of it for us and accept that it might need some moderation.

The effect of Clause 42 is that an order under the Transport and Works Act can be made that includes a marine licence without having to apply separately to the Marine Management Organisation. The concern that I have expressed in my amendment is that there appears to be no requirement in any of this for consultation with the Environment Agency, which has considerable responsibilities for much of our marine environment. Some assurance on the existing apparatus of guardianship is necessary. It is like what we discussed earlier. Keeping the guard-rails without necessarily having excessive bureaucracy is something we are sympathetic to, but losing the guard-rails altogether is much more concerning.

The Environment Agency is part of the guard-rails system for protecting our marine environment. We should like to know that it will be properly consulted and that that will be in the Bill. With that, I beg to move.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I shall seek to be brief on this matter. Clause 42 allows for a single process similar to that in the Planning Act 2008, which already provides for deemed marine licences. Applicants will still need to consult the Marine Management Organisation on a Transport and Works Act order that contains a marine licence, ensuring that proper oversight remains in place.

The Marine Management Organisation’s application process includes consultation with the Environment Agency, whose representations will be given due regard during the determination process by the Secretary of State. The clause removes duplication and, therefore, streamlines the process, saving time and costs in decision-making, while maintaining the Environment Agency as a statutory consultee. It aligns the Transport and Works Act with the Planning Act 2008 process, making it simpler and quicker for transport projects that involve marine areas.

The noble Lord’s amendment would introduce a blocking power for the Environment Agency that does not exist for deemed marine licences under the equivalent provisions in the Planning Act 2008 regime. Clause 42 reduces bureaucracy, helping to deliver transport infrastructure more efficiently. I appreciate the noble Lord’s interest in this clause. However, I kindly ask him to withdraw this amendment.

[Lord Moylan (Con)]

My Lords, I beg leave to withdraw the amendment.

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[Lord Moylan (Con)]

My Lords, here we come to the odious Henry VIII provisions in the Bill, which are completely unnecessary. The Government are seeking power here to make regulations that

“may amend … an Act, or … an Act or Measure of Senedd Cymru, passed before the end of the session of Parliament in which this Act is passed”.

I have tabled two amendments to this clause. The first would delete “an Act” and replace it with “the Transport and Works Act”. It should be enough for the Government to be able to amend the Transport and Works Act by regulation and not have a power that extends to every Act of Parliament that exists. If that is not acceptable to the Government, then it is incumbent on the Minister to explain now, or very shortly after this debate, which Acts he intends, or might intend, to amend using these powers.

The other amendment I have relates to Clause 45(3), which says:

“Regulations under this section may include incidental, supplemental, transitional and saving provision”.


My amendment would add after “may” the word “only”, so that these changes may include “only” changes of that character. Even with those two limitations, the clause raises questions, but without them it is pretty unacceptable, and the Government need to explain what they are aiming to do. I beg to move.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, as the noble Lord said, the amendments he has tabled seek to limit the making of any consequential amendments to the Transport and Works Act 1992. Clause 45 provides a power for the Secretary of State to make consequential amendments; namely, changes to legislation that may be required when changes to the Transport and Works Act as a result of Clauses 34 to 44 are added to the statute book. The power cannot be used to implement changes in policy, nor to make amendments for reasons unrelated to Clauses 34 to 44. Its purpose is simply to ensure consistency across the statute book.

If any changes were needed to primary legislation, already existing or made in this parliamentary Session, the relevant regulations would need approval from both Houses. If changes were needed to secondary legislation only, the negative procedure would apply.

The Transport and Works Act interacts with a number of pieces of primary legislation. Therefore, limiting amendments to the Transport and Works Act 1992 could hinder the implementation of Clauses 34 to 44. The inclusion of this power is a practical and reasonable step to ensure the most efficient legal framework. I will endeavour to write to the noble Lord to set out examples of the legislation that might need to be altered. In the meantime, I ask him to withdraw his amendment.

[Lord Moylan (Con)]

Pending receipt of the Minister’s letter and saving our position for Report, I beg leave to withdraw the amendment.

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[Lord Moylan (Con)]

My Lords, I shall be very brief because there are government amendments in this group. Their effect is going to be the same as what I set out to achieve; namely, that it would be interesting to hear what the Government imagine they are going to achieve by making these changes so that we can consider properly what the effect is likely to be. Since the Government are likely to do that themselves in moving their amendments, it is hardly necessary for me to press the point at this stage. I beg to move, and I look forward to hearing what the Minister has to say in support of his amendments.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, government Amendments 56 and 359 relate to Clause 46. Harbour revision and empowerment orders under the Harbours Act 1964 extend or modify ports’ statutory powers. The Marine Management Organisation currently charges fees for harbour orders in England and for the reserved trust port of Milford Haven. Elsewhere in Wales and in Scotland, fees are the responsibility of the devolved Ministers. These fees are currently charged at flat rates in advance, an approach that does not align with marine licence applications. The current system does not accurately reflect the complexity or time required for each application, especially for works applications, and does not allow enough flexibility in charging, which currently leads to inefficiencies and inaccurate cost recovery and slows down application processing.

Clause 46 offers great flexibility in setting fees in relation to case work on these orders—for example, charging on the basis of actual hourly costs. The actual fee level will be subject to consultation with ports and relevant stakeholders. In line with the devolution settlement, this new, more flexible regime will be commenced by the Scottish and Welsh Governments at a time of their choosing.

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Moved by

[Lord Hendy of Richmond Hill]

56: Clause 46, page 58, line 27, leave out subsections (6) and (7)
Member’s explanatory statement
This amendment would remove transitional provision that is no longer needed after the changes to commencement made by my amendment to clause 110.

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[Lord Moylan (Con)]

My Lords, I find myself somewhat out of temper with many noble Lords who have spoken. It would give me great pleasure to be able to say that I heartily swung behind them. I do so to some extent, but not very heartily—and with some difficulties and problems, some of which have been extremely well set out by my noble friend Lord Moynihan. I have three amendments in this group—Amendments 57A, 57B and 71B—but I do not intend speak to them in detail. Rather, I will draw, to some extent, on my own experience. My noble friend Lord Lucas said that, although this is not simple, it is not difficult either. However, then he went on to explain that, in practice, it really is very difficult.

At one stage, I was in charge of the roads in Kensington and Chelsea, one of the places in London with the greatest demand for on-street parking, because very few people have an off-street place to park their car. It is not terribly different in many other parts of London, especially inner London. I was approached by a Member of your Lordships’ House, who asked me whether it would be possible for the council to install an electric vehicle charging point outside his house. As it happens, we had a programme of installing such points at the council’s expense. I said that there was no difficulty at all, and that, if he wanted it, I could put it forward and it could easily happen. Not everybody welcomed electric vehicle charging points then, so it was nice to have a resident who did. However, the charging point would of course not be for his exclusive use. For him, that was not good at all; that was not at all what was wanted—in fact, his enthusiasm for the idea waned immediately.

The discussion we have had today more or less envisages that groups of families or houses will have clusters of spaces more or less outside their front door, which they may have paid for and which will be for their exclusive use. I am afraid that, if any elected local authority in London—and, I suspect, in many other cities—did that on a sufficient scale, they would eventually be lynched from the nearest lamp-post. Local authorities know that perfectly well, because this is politically a very difficult thing to do.

It also raises an issue of principle: to what extent should we encourage what is in fact the privatisation of a public asset? It is after all the public who pay for and maintain the highway, yet what is envisaged is that people will have the exclusive use of part of it for themselves. That will create very severe difficulties, which have been raised but have not been fully addressed by noble Lords in the course of this debate.

There is another point. If one puts an electric vehicle charging point next to the carriageway, the tendency—although this is not entirely true—is to mark off the bay and write, “Electric Vehicles Only”. I see that my successors in Kensington and Chelsea are not quite doing that; they are putting up signs—this might actually be more effective—politely asking, “If your car is not electric, would you mind awfully not parking next to this lamp-post?” That might achieve as much as an outright ban, because sometimes being polite to people gets their compliance more than anything else.

While we still have a large number of people, mostly people on lower incomes, who need access to an internal combustion engine car, the threat arises that they will be increasingly squeezed out of access to the public highway they are paying for in favour of middle-class people in their Teslas. It is not simply the optics but the morality of this that is highly questionable.

Some of the things that have been suggested should be done. Nothing seems more obvious to me than the suggestion from the noble Baroness, Lady Pidgeon, that it should be mandatory for freight depos to have electric charging points in them that can be used by electric HGVs. That sort of thing should be happening. She gave other examples of a similar character, so not everything is difficult. When you come to that interaction, particularly of cars with the pavement edge and where people park them, there are serious difficulties not only of practical local politics but of social equity.

It is very easy to think that because something is a good idea, we should all push for it, make it happen and just shove the obstacles to one side. I do not mean this to be excessively critical of the noble Baroness, Lady Pidgeon, but I am very struck by her amendment that says we must prioritise grid electricity supply for electric charging infrastructure. “Prioritise” means to choose, to say that one thing is more important than another. My question is: prioritise over what? Prioritise over electricity supply to a new housing estate, hospital or care home? Those questions do not just vanish because one has enthusiasm for a subject; they are real choices. I think the Minister is already going a little too far in the Bill for what the public will bear. That is the thrust and gravamen of the amendments I have tabled.

Certain noble Lords, including, I regret to say, certain noble friends, have gone perhaps even further than the Minister. I am not following them in that direction. I shall do my best between now and Report to reason with them, as we normally do in the Conservative Party, so that we may present a united front of common sense and reason to this House when we return to this debate.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, follow that. The noble Lord says he is out of temper; I am out of energy, so I am going to be as brief as I can be.

The general tone of the discussion was very positive, stimulated by the amendments tabled by the noble Baroness and the noble Lords, Lord Lucas and Lord Liddle—who was here earlier and has hopefully reached Preston by now. It is getting past Preston that is the difficulty on Avanti. That entirely accords with the Government’s intention, which is to promote the use of zero-emission vehicles. I particularly thank the noble Baroness, Lady Pidgeon, for her introduction, and I recognise the passion with which she has spoken on this matter—that too is entirely in accordance with the Government’s desire to move forward.

Other contributions have raised some choices about the form of zero-emission power, especially for HGVs and hydrogen. The noble Lord, Lord Moynihan, raised, in a slightly more positive way than the noble Lord, Lord Moylan, some issues that need to be resolved in these matters as we move forward.

The Government are working with local authorities to promote cross-pavement solutions, including the recently announced £25 million grant fund to encourage the installation of cross-pavement channels, plus published guidance for local authorities on this technology and charge point grant funding for residents. We recognise that cross-pavement solutions will not be suitable for all scenarios. Local highway authorities are responsible for deciding on each application, considering the needs and opinions of residents. The noble Baroness, Lady Bennett, raised the issue of other users of the pavements who need a safe and level surface, of which we should be very mindful. Local authorities will have to take account of this because, as the noble Lord, Lord Moynihan, remarked, they will be held accountable if people fall over or sustain injury or damage in any way. This is an important issue of which the Government are well aware, and that is why we launched a call for evidence on this very matter on 6 May this year; we are currently considering responses.

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[Lord Jamieson (Con)]

My Lords, I will address these important amendments concerning water infrastructure, each of which touches on the future resilience and efficiency of our water sector. These amendments reflect a shared desire to ensure that the regulatory framework keeps pace with the demands of modern infrastructure delivery while safeguarding value for money and service quality for consumers.

Amendment 59, tabled by my noble friend Lady Coffey, proposes to remove the size and complexity test currently embedded in water regulations. This is a timely and helpful amendment, particularly in the light of the Cunliffe review published on Monday. The review highlights that, under specified infrastructure projects regulations, this test can apply only where projects are of such scale and complexity that they risk threatening the water company’s ability to provide services and value to customers. The Government have recently signalled their intention to relax this criterion. In this context, will the Minister clarify when the Government intend to relax it by? How will they do so? Could the opportunity presented by my noble friend Lady Coffey’s amendment be used to implement such a relaxation? We need a regulatory environment that is more flexible and better suited to facilitating timely delivery of much-needed infrastructure projects without unnecessary procedural hurdles that can cause delays and cost overruns.

Amendments 61 and 62 relate to reservoir construction and regulation. We recognise the importance of the delivery of new reservoirs, and we acknowledge their vital role in enhancing water security and supporting our long-term infrastructure goals. While I would like to support my noble friend Lord Lucas on his Amendment 61, we have a concern about whether introducing new, possibly burdensome regulation is necessary or whether it would risk creating delays or have unintended consequences.

In contrast, Amendment 62 tabled by the noble Baroness, Lady McIntosh of Pickering, seeks to deregulate low-hazard reservoirs. We believe that this approach could streamline processes where the risk is minimal, allowing resources to be focused on the highest-risk infrastructure.

Water infrastructure is a critical national priority. In the light of these differing proposals, I ask the Minister to give the Committee a clear answer on the Government’s position. How do the Government intend new reservoirs to be built? What regulatory approach will be taken to balance safety, efficiency and the urgent need for water infrastructure? I look forward to the Minister’s response on these important matters.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, it was of course a pleasure to hear the noble Lord, Lord Gascoigne, introduce these amendments. He referred to the success of the Thames Tideway project, and there were a number of references to who did it. The person in charge of that project is Andy Mitchell, who has done an extraordinarily good job, so it is quite right that his name should be referred to next to the project itself.

The amendments seek to insert new clauses specific to water infrastructure. Amendment 59 tabled by the noble Baroness, Lady Coffey, seeks to remove the size and complexity test from the specified infrastructure projects regulations, known as SIPR. The Government are resisting this amendment because we have already committed to reviewing the SIPR framework. That was set out in the Chancellor’s New Approach to Ensure Regulators and Regulation Support Growth policy paper, published in March 2025, which confirmed that Defra will amend the SIPR framework to help major water projects proceed more quickly and deliver better value for bill payers. It is important that the planned review goes ahead so that any changes are properly informed by engagement with regulators and industry. Removing the size and complexity threshold now would pre-empt that process and risk creating a regime that does not reflect the sector’s diverse needs or long-term priorities.

We will continue to work closely with stakeholders to ensure that the specified infrastructure projects regime remains targeted and proportionate and delivers value for customers. The noble Lord, Lord Jamieson, asked by when this review will be completed, and I can assure him that it will be completed in this calendar year. I therefore thank the noble Baroness, Lady Coffey, for tabling the amendment, but I kindly ask the noble Lord, Lord Gascoigne, to withdraw it on her behalf.

Amendment 61 tabled by the noble Lord, Lord Lucas, seeks to introduce enabling regulations for milestones and enforcement for various delivery phases of all water undertakers’ reservoir proposals. The Government have already taken urgent steps to improve water security. This involves action to improve water efficiency and to reduce water company leaks alongside investing in new supply infrastructure, including new reservoirs and water transfers. We are taking action to speed up the planning process for new reservoirs. For example, we recently revised the National Policy Statement for Water Resources Infrastructure to make clear that the need for the proposed reservoirs in the water companies’ statutory management plans has been demonstrated.

Ofwat’s price review final settlement in December 2024 for the water sector has also unlocked record investment, around £104 billion of spending by water companies between 2025 and 2030. This includes £8 billion of investment to enhance water supply and manage demand, such as enabling the development of nine new reservoirs. As part of that, leakages will reduce by 17%. We have taken steps with Ofwat to improve water company oversight by increasing reporting and assurance requirements on companies’ delivery, improving protection for customers from companies failing to deliver the improvements by returning the funding to customers, and encouraging companies to deliver on time by applying time-based incentives.

The Government, as the Committee has already heard, also commissioned Sir Jon Cunliffe to lead the Independent Water Commission, to which the noble Lord, Lord Lansley, referred. It is a once-in-a-generation opportunity to modernise the water industry and deliver resilient water supplies. The Government are grateful to Sir Jon and the commission for their work and will carefully consider their findings and recommendations, including those that the noble Lord, Lord Lansley, referred to.

We will provide a full government response to the commission’s report in the autumn, setting out our priorities and timelines. The Government will introduce root and branch reform to revolutionise the water industry. Working in partnership with water companies, investors and communities, the Government will introduce a new water reform Bill to modernise the entire system so that it is fit for decades to come. I hope that the noble Lord, Lord Lucas, is therefore reassured that the proposed new clause is unnecessary, and I kindly ask him not to move his amendment.

Amendment 62, introduced by the noble Lord, Lord Gascoigne, on behalf of the noble Baroness, Lady McIntosh, is not necessary. It is a probing amendment to encourage the consideration of measures to facilitate the construction of small reservoirs. The Government are already encouraging building both small and large reservoirs. That improves resilience to climate change, sustains food production and water security and supports economic growth.

Reservoir safety legislation does not prevent new reservoirs being constructed but does ensure that structures are well built and maintained. The streamlining of the planning system will make them quicker and easier to build in the future. However, it is important that new reservoirs do not pose flood risks for local communities by being built in the wrong locations and that existing reservoir dams are structurally safe.

Reservoirs that store water above ground level pose risks to life, property, businesses and the environment, and could cause economic disruption to local communities if the dam structure were to fail. These risks are managed through reservoir safety regulations. Reservoirs that store water below ground level do not pose the same risks and so are out of scope of the reservoir safety regulations. Current advice to farmers and landowners who wish to build reservoirs is to consider options for non-raised water storage. The Government intend to consult in the autumn on proposals to improve reservoir safety regulations, including making the requirements more tailored to the level of hazard posed and bringing some smaller raised reservoirs in scope. These proposals do not alter the need for more reservoirs, nor prevent new ones being built. They are to ensure that reservoir dams are structurally sound and that flood risks for communities down stream are effectively managed.

I appreciate the interests of noble Lords in tabling these amendments. However, for the reasons I have set out, I kindly ask the noble Lord to withdraw the amendment.

[Lord Gascoigne (Con)]

My Lords, I am conscious that the hour is late and already the two Chief Whips are conspiring to tell us that we need to rattle through.

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[Lord Moylan (Con)]

That would be an indispensable approach, if this were to go ahead, but we are fundamentally forgetting local authorities and local planning departments in this. The arboriculturists to whom the noble Baroness refers are exactly the sort of people who should be involved and are the right source of information for this—more so than the Government. If the Government are to be involved, it should be at a very considerable distance from the whole process, offering encouragement, advice and light support rather than providing the guidance itself. Otherwise, I welcome everything else that my noble friend said and I am very happy to have a further discussion with him in due course.

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord, Lord Gascoigne, for tabling this amendment. The Chief Whip on our side is no longer present, but I can hear him saying, “Get on with it”, so I shall.

I thank all noble Lords who have contributed to this discussion. The Government agree that planting schemes can mitigate the environmental impacts of new highways and make existing ones more pleasant. However, this amendment is not necessary as there is already relevant guidance on this matter, produced by a number of relevant stakeholders, that local highway authorities and others should have regard to. This includes the well-managed highways infrastructure code of practice, which provides guidance for local authorities on managing highway networks; the Design Manual for Roads and Bridges; the Manual for Streets; and local authorities’ own street adoption and street works guidance documents. Some local authorities go further and encourage local residents to look after street trees—including my own. When I am not in the Chamber until late at night, I am nurturing a small but growing tree in my locality by taking it a bucket of water every so often, and it will be a pleasure to do so this evening when we finish.

Planning applications for highway development under the Town and Country Planning Act 1990 are already subject to mandatory biodiversity net gain, and we are currently consulting on the application of biodiversity net gain for nationally significant infrastructure projects, with the aim of mitigating any environmental impact. Requiring additional or new guidance would be an administrative burden and could merely duplicate the guidance that already exists, so I kindly ask the noble Lord, Lord Gascoigne, to withdraw his amendment.

[Lord Gascoigne (Con)]

I am grateful to the Minister and everyone who participated in the debate; it started on a high then slowly descended. I have said many times in this Chamber that I massively respect the Minister, but I think he mentioned about five different sets of rules or guidance, and that is precisely why there should be some clear documentation that sets out the different issues and how to tackle them.

I am grateful to my own Back Benches, the Greens and the Lib Dems for their comments and support. The noble Baroness, Lady Bennett, raised the perfect point that this is also about wildlife, which is often accused or neglected, and the fact that we have the 2030 targets, which we should aim for and this can play a part in that.

I am conscious of the time, but there are various things I could say to my dear and good noble friend Lord Moylan. I will take him up on the offer to engage with him. I will make three very quick points. First, while trees do not improve your driving, it is a fact that having trees on streets slows down drivers in urban areas; someone made that observation in mainland Europe, where, sadly, they have more trees than we do. It therefore improves driving, even if it does not improve the quality of the driver.

Secondly, my noble friend mentioned the issues with his mulberry bushes. That is exactly why there should be guidance on new development—that is its purpose.

Finally, I was googling frantically what sort of tree my noble friend Lord Moylan could be. I cannot quite put my finger on it, but one that I found was the great white oak. I am told that it is big and majestic in many ways, but it is also quite stubborn. I say respectfully to my noble friend: please, let us have this journey; I will come and help him clean up his mulberry bush.

For now, I beg leave to withdraw the amendment.

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[Lord Lucas (Con)]

My Lords, I very much support Amendments 63 and 106 in this group. I will speak fearlessly to them, because my noble friend Lord Moylan has already put the WD-40 on my set of thumbscrews as a result of previous amendments.

It is entirely sensible to put solar panels in places where there is the immediate local demand for electricity when it is sunny. When it is sunny, our trains are running. To have solar panels along rail infrastructure supplies a demand which is entirely local. When the sun is out in a serious way, the rail consumes extra electricity in keeping the carriages cool, so it is an entirely sensible place to put them.

Car parks are excellent places to charge your car. They are usually next to supermarkets or other similar places that are using electricity in the daytime. If we are going to generate solar electricity, this is an entirely appropriate place to do it.

I would go further than this: I would allow local authorities to have local schemes to encourage solar on all commercial roofs and would allow them to increase the level of business rates payable on roofs that do not have solar. It is ridiculous when you stand on hills above Eastbourne and look at a couple of hundred hectares of commercial estates and there are no solar panels whatever on any of them, but they are all using electricity in the daytime. The difficulties arise from fractured ownership and lease patterns. It is not easy to do, but, if we can produce a substantial incentive that basically says to businesses, “You can either generate some solar in this space or you can pay into a fund to help us to do other things elsewhere”, and if the payment is sufficiently high, I think we will get a move to solar, and that would be a good idea.

The alternative is a large solar farm on an ancient marsh in the middle of town. That would be entirely destructive in visual terms and not at all helpful in terms of wildlife and the environment generally. It would be much better if we could have the same size of solar farm on land that is already developed and entirely suitable for it. But we have not got the right structures in place in government to enable that, and I would really like to see that changed.

[Lord Khan of Burnley (Lab)]

My Lords, before I speak to these amendments, I declare my registered interests, including shareholdings in companies involved in renewable energy. These interests are not directly affected by the amendments under discussion. I thank the noble Baroness, Lady Pidgeon, for tabling and speaking to these amendments so eloquently and passionately, and for her ongoing commitment to the UK’s decarbonisation ambitions in the transport sector.

Amendments 63 and 106 seek to mandate the installation of solar panels in the construction of new transport infrastructure and require solar panels to be provided as part of the construction of all new above-ground car parks. The Government are committed to achieving clean power by 2030, and it is clear that solar energy will be crucial to achieving our mission. The clean power action plan calls for the rapid acceleration of solar deployment, from around 18 gigawatts as of April 2025 to 45 to 47 gigawatts by 2030. This is an ambitious mission, which has enormous potential to create good jobs, protect bill payers, ensure energy security and reduce our exposure to volatile fossil fuel markets. The recently published Solar Roadmap includes over 70 actions for government and industry to take forward to help deliver this ambition by removing barriers to deployment of all types of solar.

We recognise that solar canopies on car parks have the potential to provide significant renewable electricity generation, shelter for cars and drivers, and localised power for EV charging points. This year, the Government published a call for evidence to assess the potential to drive the construction of solar canopies on new outdoor car parks over a certain size.

We are currently analysing the evidence that has been provided by the sector, and are conducting the essential cost-benefit analysis needed to understand the impact of any policy to mandate the provision of solar on new car parks. Having not yet concluded this process, it would not be appropriate at this stage to include this amendment in the Bill. However, the Government are considering this proposal very carefully and will explore ways to achieve its intention, including through future legislation, if the evidence supports this conclusion.

It is also the case that we do not currently have the evidence base to support requiring all transport infrastructure to include solar panel installation. We have not yet engaged with industry to fully understand the potential impact of this amendment, or conducted the necessary cost-benefit analysis to determine whether it would be appropriate to install solar on all the different types of transport infrastructure set out in the amendment.

The Government are committed to achieving their mission through significant solar deployment across the country. Following the publication of the road map, the solar council will be established to bring together the solar industry, the UK Government and other relevant parties. The council will work to secure, enable and accelerate the deployment of solar at all scales and identify emerging opportunities, realigning priorities and action as needed.

I hope that the noble Baroness, Lady Pidgeon, notes the ongoing work the Government are doing in this area, which must conclude before any consideration of a legislative intervention takes place. I therefore kindly ask her to withdraw her amendment.

On Amendment 68, also tabled by the noble Baroness, Lady Pidgeon, the Government recognise the importance of accelerating grid connections for electricity demand projects, including electric vehicle charging, as well as for generation projects. This recognition lies at the heart of the reforms we announced in the industrial strategy, which include using the powers in the Bill to amend regulatory processes and accelerate connections for strategically important projects.

Although the Government fully acknowledge the critical role of freight and logistics in national supply chain security and decarbonisation targets, it would not be prudent to enshrine in legislation a preference for one sector, as this would inevitably mean deprioritising equally important sectors listed in the industrial strategy, such as advanced manufacturing, the wider supply chain for clean energy projects, data centres, and more.

That is why we have also announced the connections accelerator service, which will support strategically important projects across all priority sectors to accelerate their connection dates. The Department for Transport will play a key role in helping to shape the framework for identifying these vital projects.

I also take this opportunity to highlight the suite of initiatives the Government are pursuing in support of the electrification of freight, logistics and the broader transport sector. This includes our ongoing efforts in national and regional strategic energy planning. We are working to support infrastructure investment ahead of need, ensuring that we not merely react to but anticipate demand. By planning strategically, we can deliver robust, future-proofed infrastructure, and support our broader decarbonisation and economic ambitions.

Furthermore, the Department for Transport is actively encouraging stakeholders in the transport sector to look ahead, to consider their future electricity needs and to feed this information directly into our strategic planning processes. By doing so, we will create a more comprehensive and responsive energy network that is able to meet the evolving requirements of our nation’s transport system.

I also highlight the work of the Freight Energy Forum. Led by the Department for Transport, this forum brings together transport and energy stakeholders from across the country, providing a platform for knowledge-sharing and collaboration. By working closely together, we can inform future action and ensure that the sector remains agile and well-equipped for an electrified future.

I trust that the Committee will appreciate the rationale for our approach and recognise the Government’s determination to deliver balanced, strategic and forward-looking energy infrastructure for the nation. The noble Baroness, Lady Pidgeon, mentioned a number of countries, as did the noble Baroness, Lady Bennett. The noble Baroness cited the French Government in particular. The potential for solar canopies on car parks is significant, and we are looking carefully at international best practice, including what France has introduced. Before committing to any prospective policy, including mandating, we believe it right to properly engage with industry and stakeholders to better understand the impacts and see whether government intervention is needed.

Noble Lords alluded to a couple of points about deploying solar on rail lines and roads. Rail track solar could be a feasible solution, particularly in urban areas where the track is electrified, as there will already be a good connection. However, there are some current obstacles that may inhibit the deployment of the technology in all areas, such as the challenge of grid connections in rural areas and additional kit required to convert electricity from solar to usable electricity for trains, which may be expensive.

Finally, the noble Baroness, Lady Bennett, talked about car parks and agricultural land. This Government are committed to a solar revolution that enhances energy security while protecting the UK’s biodiversity and agricultural spaces. Car parks indeed offer an opportunity to utilise vast spaces for solar generation, but we must engage with industry and gather a broader evidence base to overcome the potential structural and financial barriers to widespread use of solar canopies. For the reasons outlined previously, I kindly ask the noble Baroness to withdraw her amendment.

[Baroness Pidgeon (LD)]

I thank Members who have spoken on this group and the Minister for his detailed answer. He talked about a solar road map. Alongside that, we want a solar rail, tram and bus map. We want to see this across transport infrastructure, and we hope to start to see some progress in due course, particularly looking internationally. With that, I beg leave to withdraw my amendment.

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[Lord Moylan (Con)]

My Lords, lane rental has worked well in London; it should be rolled out across the rest of England. National Highways should of course pick up its own litter. Street works should be guaranteed for a decent period. As ever, Conservatives have all the best ideas. I look forward to a short speech from the Minister in which he agrees.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, in respect of lane rental schemes, the Government are committed to reducing disruption from street works and improving the efficiency of our road networks. Lane rental is an important tool to help highway authorities reduce the impact of works taking place, but it is important to recognise that such schemes may not be suitable for every area. Many local authorities do not experience the level of congestion necessary to justify the administrative and financial burden of operating such a scheme. However, the Government recognise the value of empowering local leaders and that is why we have consulted on devolving approval powers for lane rentals to mayoral combined authorities. We will be publishing the results of the consultation and next steps in due course. So I kindly ask the noble Lord, Lord Jamieson, to beg leave to withdraw his amendment.

I thank the noble Lord, Lord Moynihan, for speaking to the amendment on litter. I agree with him that we must find the best way of tackling this problem. I know that the amendment has been tabled in that spirit. At present, National Highways is responsible for the collection of litter on England’s motorways, but there are other roads—trunk roads and A roads—where National Highways is responsible for the maintenance but local authorities are responsible for litter collection. The question is therefore whether we should relieve local authorities of those duties and transfer them instead to National Highways.

That sounds like a simple solution, but it is in fact a little more complicated. The collaboration methodology works well: for example, National Highways looks for opportunities to enable litter collection to take place safely when roads are closed for other reasons, such as resurfacing or maintenance. Those partnership arrangements provide the best way of tackling litter on the strategic road network, and we encourage and expect National Highways and local authorities to work closely together on them.

I also thank the noble Lord, Lord Jamieson, for tabling the amendment on extending the guarantee period following road reinstatement. He and I both recognise that high-quality reinstatement is highly desirable. It is important to note that, under the existing Specification for the Reinstatement of Openings in Highways guidance, the guarantee period begins only once the reinstatement has been completed to the required standard.

In 2023, a performance-based inspection regime was introduced that means that utility companies with higher defect or failure rates are subject to more frequent inspections and, as they pay for each inspection, this creates a strong financial incentive to maintain high standards. We are closely monitoring the recent changes in Scotland, where the guarantee period has been extended to six years, to assess whether that leads to improved standards, before considering any changes in England. For the reasons outlined, I kindly request that noble Lords do not press their amendments.

Finally, my noble friend Lord Liddle will now have reached the end of his journey to Carlisle, and I celebrate the noble Lords who have come on the journey for this part of the Bill by remaining in the Chamber. I wish all those who have stayed this long a happy and restful recess.

[Lord Jamieson (Con)]

I thank the Minister for his reply. I look forward to seeing more on the rollout of the lane rental scheme to mayoral authorities, but I ask, as we do not yet have mayoral authorities right across the country, whether he could extend it to all authorities. I also look forward to the review of the practice in Scotland and hope that we will move to a five-year guarantee here. With that, I beg leave to withdraw my amendment.

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[Lord Jamieson (Con)]

My Lords, I also thank the noble Baroness, Lady Coffey, for tabling this amendment, which is pertinent, as has just been mentioned, given the announcements this week, including that Ofwat will be abolished. The future of water regulation is clearly in flux. We on these Benches seek clarity on the way forward. I look forward to hearing the Minister’s response.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I apologise: I prematurely terminated the journey of this part of the Bill. I will seek to be very brief.

The Government are committed to ensuring effective planning, development and management of water infrastructure. To that end, the Secretary of State for the Environment, Food and Rural Affairs formed an Independent Water Commission. We oppose the amendment put forth by the noble Baroness, Lady Coffey, to transfer Ofwat’s planning, infrastructure and development functions to the Secretary of State because it would pre-empt the results of the independent review. As mentioned, we will provide a full government response to the commission’s report in the autumn, setting out our priorities and timelines, and the Government will therefore introduce root and branch reform to revolutionise the water industry. I ask the noble Lord to withdraw the amendment on behalf of the noble Baroness, Lady Coffey.

[Lord Moynihan (Con)]

My Lords, I am very grateful to the Minister for his response. It was powerful. It was mistaken in not accepting the amendment, of course, but at least he put it in the context of the important work that the Government have committed to undertake. In that context, I thank him for his contribution and beg leave to withdraw Amendment 70—with the rider that I wish a well-deserved, restful and enjoyable Recess above all to the Minister, who has worked extraordinarily hard throughout this Session, and to every Member of the Committee who has been present throughout the proceedings.