Business of the House

Baroness Smith of Basildon Excerpts

Tuesday 14th October 2025 Lords Chamber

Moved by

[Baroness Smith of Basildon]

That Standing Order 38(1) (Arrangement of the Order Paper) be dispensed with on Wednesday 22 October and Wednesday 29 October to enable Report stage of the Planning and Infrastructure Bill to begin before oral questions on those days.

[The Lord Privy Seal (Baroness Smith of Basildon) (Lab)]

My Lords, I beg to move the Motion standing in my name on the Order Paper. I would not normally remain on my feet after doing so, but I understand that the party opposite—the Opposition—has tabled an amendment opposing the Motion, so I thought it would be helpful to your Lordships’ House to be clear about what the Motion does, what it does not do, and why it has been tabled.

The Motion concerns the Planning and Infrastructure Bill. By agreement between the parties, the Bill starts Report on 20 October—next Monday—and the House will debate and decide amendments over four days. On two of those days, the Government ask that the House considers the Bill for two to three hours before Oral Questions, starting at 11 am. Notice of this was given on 17 September.

The planning Bill is central to the Government’s plan to get Britain building again and to deliver the economic growth that we need to drive up prosperity and improve living standards across the UK—aims overwhelmingly backed by the electorate just last year. It is crucial that the Bill is swiftly put on the statute book, to help us deliver the 1.5 million homes and fast-track the 150 planning decisions on major infra- structure projects that we pledged in the plan for change.

As we know, planning and infrastructure is a topic that attracts interest from all sides of the House. Many of us have spent many hours in this Chamber debating planning reform; Committee on the Bill was no exception. I am grateful to the Official Opposition and to the Liberal Democrats, who worked with us to ensure that Committee was completed in the agreed time, including some very late sittings. We appreciated that.

I know that there can sometimes be what I would call “noises off” about scheduling and what is happening in your Lordships’ House. I recall the fury in the offices of the then Opposition—I acknowledge my noble friend Lord Kennedy in this—after we had agreed the Government’s proposals on the timing of the Rwanda Bill and the then Prime Minister proclaimed that Labour was the cause of the parliamentary delay, which was not true, so we understand that. I say clearly that an agreement was reached at Committee stage and all sides adhered to that agreement. We are grateful and appreciate that.

I turn back to Report. So far, 134 Back-Bench and opposition amendments have been tabled on the Bill for Report. I understand from my noble friend Lady Taylor of Stevenage that there are at least 10 issues that the Official Opposition intend to press further on Report. The reason for tabling this Motion is simply to ensure that the Bill completes Report within the four days and that, on those four days, our deliberations and decisions can conclude at a reasonable time.

These two mornings will provide up to an extra six hours of debate. It is a practical step on a single Bill, reflecting the interest in the topic, to ensure that we are able to effectively discuss and debate the amendments without sitting unduly late. We understand the difficulties that it causes for Members when the House sits very late; we felt that this approach was in the best interests of Members across the House.

The Motion does not permanently change the sitting times of the House, as set out in the Companion to the Standing Orders. I know a number of Members support such a change, but that can happen only through the settled will of this House. This Motion is specifically for two Wednesdays—22 October and 29 October. The Motion does not give these Benches any advantage. I do not want to incur the wrath of my Chief Whip or cast any doubt on his whipping process, but I have to say, looking at the numbers in your Lordships’ House, that the Government might more easily be defeated at midday than at midnight.

As I said in my opening, the Motion does not subvert the conventions of the House. As the Leader of the House, I have no desire to systematically abandon our conventions, as the opposition amendment says. I give the House that assurance. What the Motion says is that the House may consider the Bill before Oral Questions on two days in the next month. On the other 12 sitting days in October, the House will sit at our normal times. On all sitting days, Oral Questions will be at the normal time.

I reiterate: this Motion has been brought forward to be helpful to your Lordships’ House. Suggestions were made to my noble friend the Chief Whip from across the House that it would be easier and better for the House to debate Bills starting at an earlier time rather than later in the night. In that spirit, this Motion was brought forward to be helpful. I hope all noble Lords will be willing to support a pragmatic proposal to ensure proper and effective scrutiny of legislation.

Amendment to the Motion

Moved by

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

My Lords, I have been very involved in Committee on the Bill, and I have a number of amendments before the House on Report. I think the very fact that the noble Baroness the Leader of the House has brought her Motion before us today shows that four days was insufficient, even before the government amendments were tabled. I very much support the amendment in the name of my noble friend Lord True, but I also support the comments made by the noble Earl, Lord Kinnoull. The Bill originally looked at nationally significant infrastructure projects relating largely to energy; it has now been extended in large measure to water and other projects. The impact on the countryside, which I hold dear, is going to be huge. I believe we owe it to residents of country areas and rural areas to make sure that the Bill is properly scrutinised. Whatever time it takes and however many hours we have to sit, four days is not sufficient.

[Baroness Smith of Basildon (Lab)]

My Lords, I thank those who contributed to this debate. The first thing I would say is that it shows a desire from all across the House to scrutinise legislation properly and effectively. The noble Baroness said that extra time is needed. This is why the proposal was brought forward, to provide some of that extra time, at a time of day when Members are perhaps at their best and sparkiest. I certainly think I am better at 11 in the morning than I am at 11 at night.

I want to address a couple of points made by the noble Lord, Lord True. He talked about the planning Bill being far too big. I remind him that I think we had the same discussions about the LUR Bill, which was significantly bigger than the planning Bill. The planning Bill has 111 clauses and six schedules. LURB had 223 clauses and 18 schedules, and a significant part was added. I know he has mentioned before the number of amendments that were tabled to the LUR Bill. There were some 700 on Report alone—no, there were 700 in Committee and 466 on Report, and over 200 of those amendments were from the Government. That Bill just went on and on and late at night. We are trying to provide the time required without having these late nights.

The noble Lord talked about press briefings. I have learned for a very long time, particularly as we get closer to party conference season, not to rely too much on press briefings but to see what amendments actually say. I take the point made by the noble Earl, Lord Kinnoull: I think that over half of those 76 amendments—some 35 of them—come from discussions with the devolved Administrations to give effect to legislative consent Motions, so it is not an unusually large number of amendments to have.

On the issue of early sittings, so far in this Session there have been 196 sitting days, and we have sat early on nine of them—that is 5%. That was in response to the number of people wanting to contribute, and to the number of amendments. For example, the Children’s Wellbeing and Schools Bill had a large number of amendments and Members wanting to contribute.

I have to say to the noble Lord that, under the previous Government, early sittings were used for Bills, including important Bills. The noble Lord may remember Report stage of the Levelling-up and Regeneration Bill—which I have mentioned—in September 2023, and the Second Reading and Committee stages of the Illegal Migration Bill earlier that year. This is not anything particularly unusual.

Let us address the elephant in the room. Two of the reasons why we have had so much business, sat so late and had longer hours have been the number of amendments tabled, which has been larger than usual, and the Opposition’s preference for debating smaller groups of amendments. Both those reasons are entirely legitimate. I make no criticism of doing that, and I recognise that they are within the rights of Members and in line with procedure. There is nothing untoward about that, but we have to recognise the reality that it does increase the time taken for discussions.

Some 67 amendments, over half of which are related to the devolved Administrations, have, as usual, been tabled a week before Report starts. They were discussed with the Opposition spokespeople, and I think the Opposition have now asked for a Keeling schedule for the most technical and complex amendments, which we are pleased to provide.

I have been very clear that I have no intention of systematically abandoning—I think that is the word the noble Lord used in his amendment—the conventions of the House, because they are important. The noble Lord talks about further discussions. We would welcome those discussions; they would be very helpful, because moving forward it would not be conducive to good scrutiny for Members or staff to have so many late-night and long sittings. Those discussions can be held.

I say to the noble Lord that the additional time required is provided for in this Motion, but if he wants to have further discussions through the usual channels, we will welcome them. My Motion is an enabling motion. If those discussions can reach an agreement whereby it is not necessary to have earlier sittings, then we will not use what is in the Motion, but we have it as a fallback if those discussions do not conclude in a satisfactory way.

We brought this forward as an offer to the House that is pragmatic and sensible, and in order to assist. Although there was not agreement through the usual channels, we would much prefer to have that. The Chief Whip, my noble friend Lord Kennedy, did receive representations from across the House from those who said that they would rather sit in the morning than have late nights, and we have tried to reflect that in this debate. However, it is a matter for the House. There is a large attendance here today, which is not quite so usual for Business of the House Motions. If Members want to sit here very late, they are fully welcome and entitled to do so. That is a matter for the House, and if that is the will of the House, I look forward to seeing a full House on those occasions.

I have been clear that although it might not benefit the Government, scrutiny at 11 am would probably be a bit more robust and thorough than it would be at 11 pm. Therefore, we offer the option to the House, but it is ultimately for the House to decide. We think it would be helpful to the House. We can continue with discussions, but if we do not need that extra time because the noble Lord and the noble Baroness can reach agreement with the Chief Whip, then that would be great. This is an enabling Motion that may be a fallback if discussions conclude unsatisfactorily. We are responding to requests to scrutinise legislation at a time when we can do our best work.