Quarries: Planning Policy

Alberto Costa Excerpts
Tuesday 16th December 2025

(4 days, 21 hours ago)

Westminster Hall
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Alberto Costa Portrait Alberto Costa (South Leicestershire) (Con)
- Hansard - -

I beg to move,

That this House has considered planning policy for quarries.

It is a pleasure to serve under your chairmanship, Dr Murrison. I am grateful for the opportunity to bring the issue of planning policy for quarries to Westminster Hall today. I thank the Backbench Business Committee for granting this important debate.

I would like to declare at the very outset that, like many hundreds of my constituents, I will be impacted by the development that I am going to refer to. My South Leicestershire constituency has been home not just to me and many hundreds of my constituents, but to many quarries throughout the years. In 2022, a new proposal from Tarmac was floated for a mega-quarry in the hamlet of Misterton, which will have a huge impact on residents in Lutterworth, as well as the villages of Walcote, Cotesbach, Kimcote and Kilworth—to name just a few.

In engaging with that proposal, I have come to understand just how outdated, inconsistent and, in some places, inadequate the planning guidance for quarry operations has become. Nowhere is that clearer than the guidance on air quality. The documents that local authorities are expected to follow do not reflect comparable environmental standards in developed countries, the latest science or the reasonable expectations that residents like mine hold about their air that they and their children breathe.

I have had regular meetings with residents and the Misterton and Walcote residents group to examine the proposals for the mega sand and gravel quarry. I am pleased to say that some of those residents are here today. Three main concerns have emerged: the first is the scale of the proposed development, which covers 74 hectares—the equivalent of 104 full-sized football pitches—and will extract 400,000 tonnes of sand and gravel a year for at least 20 years. It has caused understandable concern over dust, noise and the movement of heavy goods vehicles, especially given that the site is directly opposite a proposed flagship housing development. There is an interesting potential conflict here, because Leicestershire county council is, rather unusually, the promoter of that housing development, as well as being the minerals authority tasked with approving the proposed quarry on the doorstep of its own proposed development.

Helen Maguire Portrait Helen Maguire (Epsom and Ewell) (LD)
- Hansard - - - Excerpts

I congratulate the hon. Member on securing this debate. That is an everyday reality for my constituents in Epsom and Ewell: we have a chalk pit and residents are faced with dust, noise and traffic. Three agencies are involved: the Environment Agency, Surrey county council and Epsom and Ewell borough council. They all have different and sometimes overlapping responsibilities, so residents find it difficult to raise issues, and some just fall through the cracks. Does the hon. Member agree that the current system for regulating pits and quarries is too complex for residents to navigate and get their issues resolved?

Alberto Costa Portrait Alberto Costa
- Hansard - -

As the hon. Lady will hear in the remaining parts of my speech, I entirely concur with her comments.

Given that the proposed quarry site is not allocated in Leicestershire county council’s minerals plan, which runs until 2031, we can understand why a group such as the concerned residents present today would try to seek the advice of a professional minerals planner to review the proposals, consider the data and write a report that the residents group could use as the basis for their representations to Leicestershire county council, as the appropriate local planning authority, on Tarmac’s proposal. What surprised me, as their Member of Parliament, was that it was nearly impossible to help them find someone in the industry willing to produce a report that the residents association could use. Why? Because virtually every qualified planner we approached—and there were a great deal—cited potential conflicts of interest with Tarmac. In fact, Tarmac is such a big beast of industry that it took nearly a year to find a planner willing to produce and put their name to an impartial report reviewing Tarmac’s Misterton quarry application.

I am concerned that ordinary groups of residents who want to hire a specialist barely stand a chance because of Tarmac’s influence on the industry. Does the Minister share my concern that local communities often struggle to access independent, impartial technical advice, particularly where the applicant is a large and influential company in the industry? If the Minister is unable to answer any of the questions I put to her today, I would be grateful if she would answer in writing, not least because the residents association would be most grateful.

On air quality, I have a specific concern about the regulation 25 notice issued by Leicestershire county council to Tarmac. Forgive me, Dr Murrison, for the highly technical nature of some of my speech. That relies on the Department for Environment, Food and Rural Affairs 2021 background model, which produces artificially low PM2.5 figures that no longer reflect the current conditions on the ground. We now have local post-pandemic monitoring data from Harborough district council, showing that background PM2.5 levels in rural areas close to Misterton are already at or above the Government’s future legal target. Even Tarmac’s own consultants—Vibrock—reported significantly higher background levels than those quoted by the county council.

Does the Minister agree that, to ensure evidence-led decision making, it is imperative that baseline data should be up to date and, if more recent local data exists, it should be used? Does she consider that, where a proposed major industrial development has the potential to increase community exposure to PM2.5, a mandatory period of local monitoring should be undertaken to establish a reliable baseline before permission is considered?

The main guidance that developers and local authorities rely on comes from the Institute of Air Quality Management. Although the IAQM is a respected professional body that works closely with regulators, it is important to recognise that it is a membership organisation and, therefore, potentially vulnerable. For example, its members may also have commercial interests in consultancy firms that deliver air quality services to clients seeking planning consent, such as Tarmac.

The most relevant document used as guidance for developers and local authorities is the IAQM’s 2016 “Guidance on the assessment of mineral dust impacts for planning”. It is fundamentally used as the de facto industry standard by all who work in the industry, including developers, consultants and local authorities, but that guidance is now nearly a decade old. The document sets the industry standard for how dust, particulates and emissions must be modelled or evaluated when a quarry is proposed.

Last year, I wrote to the IAQM, raising concerns shared by my constituents, such as whether the IAQM guidance adequately distinguishes between nuisance dust and finer, more harmful PM10 and PM2.5 particles; whether the 250-metre screening criterion remains appropriate for fine particulates, given the emerging evidence showing that those dangerous particles can travel considerably further; and how well it aligns with forthcoming legal PM2.5 targets, with which the Minister will no doubt be familiar. The IAQM has since contacted me and put a note on its website to say that the guidance on assessment of mineral dust for planning is now under review. That note says:

“The 2016 IAQM Guidance on the Assessment of Mineral Dust Impacts for Planning is now nine years old and as such there are some elements of the document that are dated”.

I repeat:

“there are some elements of the document that are dated”—

this is the document being used—

“and the focus of assessment is changing.

A full review is being carried out by an IAQM Working Group established specifically with regards to this guidance.”

Is the Minister’s Department liaising with the IAQM to ascertain when the review will be completed and a report published?

With the guidance now formally under review, developers and planning authorities need clarity on the interim approach, such as the one faced by the residents in my constituency. The Government’s own interim planning guidance on PM2.5, published by DEFRA in October 2024, already encourages local authorities to take the 2028 interim and 2040 targets—10 micrograms per cubic metre annual mean—into account in planning decisions. Dr Murrison, I promised you that this speech would be full of technical details, and I hope that I am not letting you down.

Given the legally binding obligations under the Environment Act 2021 and Environmental Targets (Fine Particulate Matter) (England) Regulations (2023), can the Minister confirm, either today or by follow-up letter, how planning authorities should apply the most up-to-date scientific evidence and statutory air quality objectives when assessing quarry applications, especially given that the relevant IAQM guidance is under review, as I have just outlined?

The IAQM guidance to which I am referring is used by developers and planning authorities to assess air quality impacts, particularly in relation to fine particulate matter such as PM10 and PM2.5. I welcome the fact that it is under review, but I wonder: had the residents group not informed my team, and had my team and I not written to the IAQM to raise the concerns of South Leicestershire residents, would the review be under way now? The 2016 primary guidance documents from the IAQM, which are now under review, are used by the industry, and I understand that overall it is very good guidance, but in key areas it is behind current scientific understanding of the risks of respirable dust particle behaviour and the Government’s own commitments under the 2021 Act and the clean air strategy 2019. The guidance is also far too subjective, offering scope for varied interpretations and approaches.

We now know that PM2.5 particles—those fine particulates that penetrate deep into the lungs—can travel much farther than previously assumed. The use of a 250-metre screening threshold, still applied in the current guidance, significantly underestimates risks, because it treats those dangerous particles as behaving in the same way as nuisance dust. Evidence from recent legal cases, including the Corby litigation, which was depicted in the Netflix hit series “Toxic Town”—I encourage listeners and viewers to watch that—has shown that those particulates can travel well beyond 250 metres, exposing far more people to harm than our assessments currently acknowledge.

Wendy Chamberlain Portrait Wendy Chamberlain (North East Fife) (LD)
- Hansard - - - Excerpts

The hon. Member is making a very technical speech, but it is bringing to light the challenges in the planning process. Although the situation in Scotland is devolved, I recognise quite a lot of what he is saying. He is talking powerfully about the impact of air quality on people, but it also affects nature and wildlife. In my constituency there is a proposal to extend a quarry at Lucklawhill in Balmullo, and the local community is concerned about the impact on the nature around it. Does the hon. Member agree that there does not seem to be a way to properly recognise that when planning is considered?

Alberto Costa Portrait Alberto Costa
- Hansard - -

I absolutely agree, and I sympathise entirely with the hon. Lady. I would go further. I made the point earlier about finding suitable experts who are able to apply their technical expertise to help campaign groups or MPs to rebut planning applications on a technical basis. They are simply not there, for fear of a conflict of interest given their commercial interests with large-scale developers. The hon. Lady makes an important point and has put it on the record.

The UK has committed, through regulation 4 of the Environmental Targets (Fine Particulate Matter) (England) Regulations 2023, to achieving an annual mean concentration of 10 micrograms of PM2.5 per cubic metre by 2040, with an interim target for 2028. That is a legally binding obligation, and rightly so, but we will not meet it if the standards we use to assess air quality for quarries are not up to date with the latest scientific evidence. If we keep relying on outdated guidance, we will keep underestimating the risks to public health, particularly for children, older people and those with respiratory conditions who live near quarry sites.

Furthermore, when key guidance is issued by professional bodies rather than statutory authorities, it is far harder for us as lawmakers, and for the public, to scrutinise and challenge their work. That can lead to accountability issues. At the same time, the reliance on organisations such as the IAQM places a significant burden on them, and they may lack the resources or mandate to keep up with changing scientific and legal requirements. Accordingly, I would be grateful if the Minister could confirm, either today or by follow-up letter, whether she believes it is right for professional bodies like the IAQM to set air-quality guidance for quarries, as opposed to the relevant statutory public bodies, given the possibility of a conflict of interest between public health goals and financial gain.

Does the Minister agree that we need to ensure that the guidance that underpins air-quality assessments is independently reviewed, regularly updated and aligned with statutory obligations on air quality and public health? In addition, the regulatory framework for quarry safety could be strengthened. The Quarries Regulations 1999 focused primarily on workplace safety, but do not require the same structured pre-emptive risk management that is now standard in other high-risk sectors. Would it not make sense for quarry operations to be brought under the Construction (Design and Management) Regulations 2015, for which the Minister has ministerial responsibility? She knows that the CDM regulations are not just best practice but required under the 2015 statutory instrument, which requires comprehensive risk assessments, formal hazard identification and clearly defined duties of care for all parties involved. Those measures are now standard practice across the construction industry.

Quarries present many of the same hazards as large construction sites, including airborne dust, heavy plant machinery, vehicle movements and complex site operations, but under the current framework there is no consistent requirement for structured design or risk assessments, no formalised application of the “as low as reasonably practicable” principle, and no robust mechanism for protecting the public from involuntary risk. Incorporating operations into the CDM framework could deliver more rigorous and consistent risk assessments, clearly documented mitigation strategies, legal accountability for duty holders and, crucially, better protection both for workers and for the surrounding public. Does the Minister agree that environmental protection, worker safety and public health will benefit if we treat quarrying operations as the major industrial undertakings that they are?

Finally, I hope the Minister will agree that targeted reforms, the clarifying of interim assessment standards and the modernising of safety regulations will deliver better outcomes for the industry, for workers and, most importantly, for all our constituents, wherever they may be.

Andrew Murrison Portrait Dr Andrew Murrison (in the Chair)
- Hansard - - - Excerpts

I intend to start calling Front Benchers at 10.28 am, which means we are oversubscribed, so I will impose an indicative limit on speeches of four minutes, an exemplar for which will be Adam Jogee.

--- Later in debate ---
Alberto Costa Portrait Alberto Costa
- Hansard - -

To conclude, there is no doubt that quarrying plays an extremely important role in delivering the homes, roads and infrastructure that our country needs, as the Minister has said and I acknowledge. That cannot and must not, however, come at the expense of the health of the people of our country. The residents of Misterton, Walcote, Lutterworth and the surrounding villages, as well as all our constituents, are asking us to pay attention to the latest science and heed the lessons of the past, particularly on air quality.

I am grateful to the residents who travelled here today: Liz and Nick Marsh, Paul Mann, and to those who have taken part in the Misterton with Walcote residents group, including Adrian Lott, Graham Jordan, Paulette Murrell, Mark Denton and Richard Nunn, among others unable to be here. I also thank Lord Bach of Lutterworth for his strong support. I am grateful that the Minister said she will respond to the technical issues I raised; I will send her a letter shortly.

We all want to ensure that vital mineral extraction proceeds responsibly. I am grateful to all MPs who have spoken on behalf of their constituents. Local communities must have confidence in the process and confidence that public health is firmly at the heart of planning decisions, while allowing for the building of infrastructure, with the necessary mineral extractions that entails.

Question put and agreed to.

Resolved,

That this House has considered planning policy for quarries.

Oral Answers to Questions

Alberto Costa Excerpts
Monday 9th June 2025

(6 months, 1 week ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Angela Rayner Portrait Angela Rayner
- View Speech - Hansard - - - Excerpts

My hon. Friend is a great champion for Derby and many Members across this House can understand the acute pressures he mentions. The fact is we have not been building enough homes, and we certainly have not been building enough social homes. Therefore, we have already set out some steps, as I mentioned briefly earlier, around the right to buy receipts, and we are consulting on new long-term rent settlements to give providers confidence to build, and we will be investing billions of pounds into social housing. I cannot pre-empt the spending review this week but the Chancellor will set out more then.

Alberto Costa Portrait Alberto Costa (South Leicestershire) (Con)
- View Speech - Hansard - -

When a developer pledges to build 40% minimum of affordable housing and obtains outline planning permission on the basis of that pledge, and then, less than 20 months later, seeks to reduce the 40% to 0%, is that acceptable?

Angela Rayner Portrait Angela Rayner
- View Speech - Hansard - - - Excerpts

I am not going to stray into individual cases, but what I will say is that since gaining office this Government have confirmed the changes to the national planning policy framework, in particular around section 106, to ensure that when developers seek planning permission and pledge that they are going to do something, they are kept to those pledges.

Alberto Costa Portrait Alberto Costa (South Leicestershire) (Con)
- View Speech - Hansard - -

I rise to speak to new clause 74 in my name. First, I thank all Members from parties across the House who signed up to my new clause. I also thank Mr Speaker and his team for the novel offer he made this morning on how we might have dealt with new clause 74.

New clause 74 is very simple. It seeks to ensure that promises made to all of us as MPs by prospective developers when considering applications for large-scale housing developments are honoured. I have lost count of the number of developers who have made promises about so-called flagship housing developments, gained the support of the MP and other local community stakeholders, applied for outline planning permission and then been granted it on the basis of a good mixture of homes. In one case—that of Lutterworth East—a pledge was made by the developer to build a minimum of 40% affordable homes. Those developers give the pledge, obtain the support and gain outline planning permission, but then, a few months or a year or two later, they seek to renege completely on the pledges given.

--- Later in debate ---
Rachel Blake Portrait Rachel Blake
- Hansard - - - Excerpts

I am really moved by what the hon. Gentleman is talking about. Many of us will have had similar experiences. We have been hearing so much about the importance of local decision making. I cannot help but think if only there had been the necessary investment in skills in the planning team who made the decision and determination, and that they had had a planning committee behind them who, by all accounts, could have said, “You need to bring the application back in.” Does he agree that we need to invest in local planning teams so that they can resist such totally inappropriate applications from developers?

Alberto Costa Portrait Alberto Costa
- Hansard - -

I welcome the hon. Lady’s suggestion, and I would welcome more resources going into local planning teams, but what we have here is a problem, which she may well encounter in her own constituency. Hon. Members should be very careful indeed when developers promise X, Y and Z affordable, social and accessible homes, even with legally binding section 106 agreements, because those agreements can be changed at whim when a local planning authority is put under pressure.

Martin Wrigley Portrait Martin Wrigley
- Hansard - - - Excerpts

Does the hon. Gentleman agree with the Liberal Democrats that, given the unreliability of section 106 agreements and developers living up to them, as he demonstrated, the best way to get affordable homes for his constituents and mine is through an increased amount of social housing delivered by the local council?

Alberto Costa Portrait Alberto Costa
- Hansard - -

I would welcome that. The Government need to take into account Lutterworth East and to ask themselves why a Labour parliamentarian and a Conservative parliamentarian have had to go begging to the Government to look into the matter. The Government purport to want to see more social housing, more affordable housing and more accessible housing, but with Lutterworth East they have had the opportunity to look into that and have chosen not to rectify the issue. In concluding—I am aware that others wish to speak—I simply ask the Government whether they are willing to have a meeting with me and the Labour parliamentarian in question to discuss what they could do on this matter, given that the developer, incredibly, is none other than a county council.

Chris Curtis Portrait Chris Curtis
- View Speech - Hansard - - - Excerpts

May we please start by acknowledging something that still has not been acknowledged enough: the current planning system is broken? Nowhere is that clearer than in our environmental and habitats regulation, which part 3 of the Bill is hoping to fix, and which many amendments—amendment 69 in particular—would make significantly worse.

Let us start with a couple of clear examples. First, we have the lower Thames crossing. Some £250 million was spent on a planning application spanning over 350,000 pages. That is more than 250 times the length of “War and Peace” at a cost that is more than Norway paid to build the world’s longest road tunnel. Fifteen years on, not a single spade is in the ground.

Secondly, we are currently building the most expensive nuclear power station in the history of the human race at Hinkley Point. Why? For the last eight years, EDF has been stuck in regulatory wrangling over—I kid you not—a fish disco: an acoustic system designed to guide fish away from water intakes. Millions spent and still not a single resolution.

My personal favourite is the infamous bat tunnel, where £120 million of taxpayers’ money was wasted on a tunnel that might save a handful of bats from a nearby forest, though many experts argue it will more likely put them in harm’s way. That is not planning; it is parody. While we argue about newts and bat tunnels, what is really happening in Britain is that 150,000 children or more are growing up in temporary accommodation, with all the consequences mentioned by my hon. Friend the Member for Vauxhall and Camberwell Green (Florence Eshalomi).

Planning and Infrastructure Bill

Alberto Costa Excerpts
Alberto Costa Portrait Alberto Costa (South Leicestershire) (Con)
- View Speech - Hansard - -

South Leicestershire is a mid-sized constituency measuring 15 miles by 10 miles, and it already has some of the largest-scale developments in any part of our country. We have the second of the new Titan prisons, which was recently completed; one of the largest holes in the UK at Croft quarry; Bruntingthorpe aerodrome, which currently houses one of the largest UK car auction sites, with 25,000 cars coming in and out at any point; the 4,000-home development at New Lubbesthorpe; and the prospect of a new garden village at Whetstone Pastures. We are surrounded by logistics parks; in fact, we are home to one of Europe’s largest logistics parks—currently doubling in size—Magna Park. At what point can we say that we are doing a reasonable fair share for our county, region and country?

There are no nimbys in South Leicestershire; we generally support appropriate development. I generally support the objectives in the Bill, but there are one or two areas I would like to raise, one being the highly controversial proposed development known as Lutterworth East. I know that the Secretary of State and her team cannot refer to specific cases and that this matter is currently the subject of a call-in, but she and her team rightly say that new housing developments, particularly large ones, must have appropriate numbers of social housing and affordable housing.

The local plan approved by Harborough district council and the Planning Inspectorate made clear that 40% of the homes in large-scale housing developments in my constituency must be affordable. In addition, the Lutterworth East proposal promised the people of Lutterworth that there would be no expansion of strategic warehousing as part of Lutterworth East on the basis that Magna Park—one of Europe’s largest logistics parks—is currently doubling in size.

The problem that we have is not nimbys or a lack of building. It is that the local plan for South Leicestershire and Harborough is being completely ignored by developers. In this case, the oddity is that the developer is Leicestershire county council. Only last December it disgracefully applied to substantially vary the planning permission it was given in 2020 for Lutterworth East. It was granted a reduction from 40% affordable housing in Lutterworth East to 10%. That cannot be in line with the comments the new Government have stated many times about the need for social housing and affordable housing. It flies in the face of everything that the Secretary of State and her team are saying, including what has been said today at the Dispatch Box.

I do not expect a response from the Secretary of State today, but I put on record my request that, if she is serious about wanting more affordable housing in large-scale housing projects, the call-in should be granted. If the call-in is granted, Lutterworth East will be restored to an appropriate housing development of just under 3,000 homes, of which 40% will be affordable. If the Secretary of State does not agree with the call-in, I am afraid she cannot stand at that Dispatch Box and claim that the new Government want to see higher levels of affordable housing, because what the developer is doing in this case is saying no to affordable housing.

I conclude by stating my general support for the Secretary of State and her team’s objective of more homes. South Leicestershire is doing its part, but I put on record again that if she is serious about the numbers of social housing and affordable homes that need to be built, that call-in must be granted.

--- Later in debate ---
Matthew Pennycook Portrait Matthew Pennycook
- Hansard - - - Excerpts

I will address that specific point in due course. The proposals are entirely consistent; we do want to make changes to where planning committees can determine decisions, but local residents will be able to object to applications in every instance, as they can now.

Planning is principally a local activity, and this Government have made clear at every available opportunity that the plan-led approach is and must remain the cornerstone of the planning system. Local plans are the best ways for communities to shape decisions about how to deliver the housing and wider development their areas need.

Alberto Costa Portrait Alberto Costa
- Hansard - -

Will the Minister give way?

Matthew Pennycook Portrait Matthew Pennycook
- Hansard - - - Excerpts

I am going to make some progress, if the hon. Gentleman does not mind.

We want more people involved in the development of local plans. The measures on planning decisions will simply ensure that the process of determining applications at a local level is more streamlined and efficient.

I have been a local councillor, and I have sat on planning committees, as I know many hon. Members have. We all know that there is significant room for improvement in how such committees operate. It is, therefore, disappointing to hear hon. Members portray what are sensible proposals for modernising the local planning system as a fundamental attack on local democracy when they are anything but.

Decisions about what to build and where should be shaped by local communities and reflect the views of local residents. Local democratic oversight of planning decisions is essential, but it is also vital that planning committees operate as effectively as possible. Planning committees need to be focused on key applications for larger developments, not small-scale projects or niche technical details. The Bill will ensure they can play a proper role in scrutinising development without obstructing it, while maximising the use of experienced professional planners.

Local Government: Nolan Principles

Alberto Costa Excerpts
Tuesday 11th March 2025

(9 months, 1 week ago)

Westminster Hall
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Desmond Swayne Portrait Sir Desmond Swayne (in the Chair)
- Hansard - - - Excerpts

I will call Alberto Costa to move the motion, and I will then call the Minister to respond. As is the convention for 30-minute debates, there will not be an opportunity for the Member in charge to wind up,.

Alberto Costa Portrait Alberto Costa (South Leicestershire) (Con)
- Hansard - -

I beg to move,

That this House has considered the effectiveness of the Nolan Principles in local government.

It is a great pleasure to serve under your chairmanship, Sir Desmond. This year marks the 30-year anniversary of the Nolan principles, which are selflessness, integrity, objectivity, accountability, openness, honesty and leadership. Those seven principles embody everything that we, as elected representatives, should strive for on behalf of our constituents. They are the guiding principles for anyone in elected office.

MPs and elected representatives at all levels of local government are overwhelmingly public-spirited and dedicated people who always embody the Nolan principles in their work. Having served on the Privileges and Standards Committees for the last five years, which I am honoured to now chair, I have seen at first hand that elected representatives do, at times, sadly fall short of the principles.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - - - Excerpts

I commend the hon. Gentleman for raising this issue. Does he agree that for most honourable people, the desire to live up to the highest standards of the Nolan principles is inherent? For people who do not live by those principles, however, there must be more than a suggestion—indeed, there must be a requirement—to stand by them.

Alberto Costa Portrait Alberto Costa
- Hansard - -

I thank the hon. Gentleman for his welcome intervention, with which I entirely agree. Not only should publicly elected councillors—at parish, town, local authority, district and county level—be obliged to follow those principles but, importantly, a code of conduct developed and underpinned by those principles should have teeth. What he is ultimately saying is that there must be appropriate sanctions, as there are for us as Members of this House.

For some of those Members who fall short, sometimes those are cases of minor lapses—moments of frustration or poor judgment—while other times they are severe errors, with devastating consequences for colleagues, staff and the reputation of elected office. Such errors are not unique to elected representatives; to err is human, and no human being is without flaws. That said, it is right that elected representatives, while undertaking their public duties, are held to a higher bar. That is not about their private lives, but about the work that we, and local authority councillors, do in the course of our public duties.

Dan Aldridge Portrait Dan Aldridge (Weston-super-Mare) (Lab)
- Hansard - - - Excerpts

I thank the hon. Member for securing this debate on the Nolan principles, which I have been very interested in for a long time, working in public service. In a digital-first world, with so much of our lives documented and undertaken online, does he agree that there is a greater necessity for a reimagination of the Nolan principles?

--- Later in debate ---
Alberto Costa Portrait Alberto Costa
- Hansard - -

That is an interesting point. I must confess that I have not considered it, so I would welcome any further information or a further briefing from the hon. Member on what he means by that, particularly in my role as Chair of the Standards Committee.

The Nolan principles must ensure that elected representatives are held to account properly, at every level of local government. In Labour’s plan for local government reorganisation and a new structure, the way that standards are dealt with must not be neglected. I hope that the Minister will say a few words on local government reorganisation, and how he thinks the Nolan principles and any code of conduct might underpin that.

I think we can all agree that the current regime is failing. Issues of misconduct, bullying and harassment in local government—parish, town, county and district—have become worse. I know of parish councillors in my constituency whose lives have been made a misery through months and, in many cases, years of verbal abuse, intimidation and harassment from fellow councillors.

In Leicestershire, one instance of constant harassment and relentless, vexatious complaints resulted in a parish council officer dramatically resigning during a parish council meeting. I have no doubt that hon. Members have witnessed or heard similar stories in their constituencies. Those bad apples make up only a small minority of councillors but even so, according to a 2017 report by the Society of Local Council Clerks,

“15% of parish councils experience serious behaviour issues… 5% are effectively dysfunctional as a result of them.”

So where does the current regime fall short? First, there is no clear definition of bullying or harassment in the Localism Act 2011, which leaves it to monitoring officers to interpret vague codes of conduct inconsistently. What is serious in one district area is dismissed in another. Town and parish councils have no internal mechanism to investigate breaches of conduct. At the same time, principal authorities are also powerless to enforce meaningful sanctions, except in cases serious enough for criminal referral.

The 2018 Ledbury town council case exposed a major flaw in the system. The council was forced to pay more than £200,000 in legal fees for trying to sanction a councillor through an internal grievance process. That highlighted a fundamental problem: parish councils lack the power to act independently, while principal authorities have no real enforcement mechanisms. Accountability falls into limbo unless there is clear criminal conduct. My speech is not about criminal conduct; it is about the issues that we as Members of this House are familiar with—bullying, sexual misconduct, harassment and the like.

If the public were able to hold rogue councillors—the minority—to account properly at the ballot box, I would be less concerned, but the gaps in legislation are made worse by the democratic deficit, certainly at the parish level, where elections often lack enough willing candidates to ensure true accountability. In the May 2015 elections, for example, only 20% of eligible parishes contested their vacancies. The ballot box rarely holds councillors to account, and even if it does, it can often be too late.

We know that accountability problems will be more pronounced in areas that have a unitary authority, which is the direction of travel under this Government, as parishes may be given even greater powers due to the abolition of district councils. I hope that the Minister can comment on what consideration the Government are giving to that specific point or, if he is unaware, that he will write to me after the debate.

For now, I encourage the Government to consider the following steps to strengthen accountability, and to protect town and parish councillors and those who work for town and parish councils. First, I suggest amending section 27(3) of the Localism Act 2011 to give a clear definition of bullying that explicitly covers persistent verbal abuse, intimidation or behaviour that causes significant distress to other parish or town councillors or those who work for parish or town councils. That would give monitoring officers of principal authorities a firmer basis on which to act, and would set a threshold for escalation, distinguishing heated debate from harassment.

The next step would be to mandate standards committees in all principal authorities, which would be tasked with impartial investigations, deciding on allegations and imposing sanctions. Those committees, supported by truly independent persons, would bring consistency, credibility and impartiality into an appropriate disciplinary system. Here in the House of Commons, as part of the Committee that I chair, we have seven lay members alongside seven Members of Parliament, and as the Chair, I do not have a vote other than in the event of a tie. That means that the seven lay members provide the impartiality that the House wants when disciplining its own Members.

Dan Norris Portrait Dan Norris (North East Somerset and Hanham) (Lab)
- Hansard - - - Excerpts

The Nolan principles also apply to officers working in the public sector. I am a regional mayor, as well as a Member. I am aware that a regional mayor in the east of England is currently talking with a chief constable about officers under the previous mayor making decisions that should have been made by politicians—in other words, the normal rules and policies seemingly being circumvented.

It troubles me that the interim officers who work for local authorities or regional authorities move on quite quickly. They do not stay very long, and if something questionable is subsequently found, they are not bound to take part in any inquiry. That means that the Nolan principles can be completely circumvented; it drives a coach and horses through the good principles. I agree with everything that the hon. Member has said so far, but does he think there should there be a special circumstance or a modification to the rules to allow those officers, who keep moving around and carry on working in local government, to be held to account?

I also ask the Minister what the Government will do to make sure, where questionable things have happened, that the local authorities to which those interim officers go are alerted about that. Those local authorities should know that irregularities have taken place.

Desmond Swayne Portrait Sir Desmond Swayne (in the Chair)
- Hansard - - - Excerpts

Order. Can we have shorter interventions in future?

Alberto Costa Portrait Alberto Costa
- Hansard - -

I thank the hon. Member for his welcome intervention, which highlights another issue that I am not entirely familiar with. Although this debate is concerned with elected officials, he rightly asks about what happens if people charged with the oversight of the Nolan principles as independent officers move on to other jurisdictions. There is, of course, the contract of employment that underpins the individual’s duties, but there may well be a lacuna in that area. Again, I would welcome the hon. Member writing to me with a further briefing so that I can ascertain whether there is a link to ensure that that would not damage the mechanism that I am proposing to the Minister, which is for independent officers to have more appropriate oversight.

As I have indicated, mandating in all principal authorities standards committees, tasked with impartial investigations and deciding on allegations, would bring consistency. Thirdly, I suggest amending legislation to make parish councils formally accountable to their principal authority, which currently is not the case. That could include annual governance reports, direct intervention powers for serious breaches, and the provision of training to prevent issues from arising.

Those are basic, bread-and-butter issues in which we as Members of Parliament are encouraged to take a more active part, particularly when it comes to training. Parishes should retain autonomy, but the principal authority should act as a backstop for serious failures, reinforcing local governance without reverting to a centralised control such as the standards board.

Finally, we must address the absence of robust sanctions. There is a total lack of sanctions when councillors at parish, town and local authority level have been found wanting, with the exception of criminal conduct, which is dealt with separately. The power to suspend councillors —say, for up to six months—for proven bullying or harassment is essential. Currently, a counsellor can shrug off the consequences and return to the next meeting unchecked. Instead of facing the consequences, effectively nothing is done. That has an impact not just on the proper functioning of the parish or town council, but on the staff working for that parish or town council, who may themselves be the victims of the bullying or harassment. Worse still, I have heard of cases where entire councils have resigned in despair, powerless against a single disruptive individual. Suspension would offer immediate relief to victims and signal that misconduct has a cost, as it does here in the House of Commons, and as we have proven over the past few years.

Much of what I am saying echoes the 2019 review by the Committee on Standards in Public Life, which called for councils to suspend councillors without allowances for up to six months. The Government rejected those proposals in 2022, citing risks to free speech, and I sympathise with that, but the new Government’s 2024 consultation on sanctions suggests a welcome shift. Perhaps the Minister can say a few words about that.

We must not return to a time of bureaucratic excess and politically motivated complaints threatening freedom of expression. That is not what I am arguing for, and that is not what we see in the House of Commons. But with reports of bullying rife at parish levels and changes to local government structure in the pipeline, it is time to reconsider the recommendations of the 2019 Committee on Standards in Public Life report. I encourage the Government to take the opportunity they now have with local government reorganisation to make a positive impact by ensuring that what we see applied to all of us here in the House of Commons is mirrored in some form to other valued elected public officials.

Oral Answers to Questions

Alberto Costa Excerpts
Monday 3rd March 2025

(9 months, 2 weeks ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Matthew Pennycook Portrait Matthew Pennycook
- View Speech - Hansard - - - Excerpts

I understand well the pressures in Wales that my hon. Friend describes so eloquently. We know that increasing the supply of social homes is a cornerstone of the Welsh Government’s plans to prevent housing problems and homelessness. We speak regularly with our colleagues in the Welsh Government, and we will continue to work closely with them on our shared objective of getting more social homes built by councils and housing associations.

Alberto Costa Portrait Alberto Costa (South Leicestershire) (Con)
- View Speech - Hansard - -

Building more social housing and affordable housing was a principal promise made by Leicestershire county council in the proposals for the Lutterworth East development. That development is subject to a call-in, so I do not want to go into any details, but I want to ask the Minister this very basic question. If a senior civil servant in the Department gives a commitment to an MP, to encourage that MP to drop an amendment to legislation, can the MP rely on the assurances given by that senior civil servant?

Matthew Pennycook Portrait Matthew Pennycook
- View Speech - Hansard - - - Excerpts

I note the question the hon. Member asks. We are grateful to all the civil servants who serve the Government for acting with integrity. The civil service code is clear that civil servants must act truthfully and cannot deceive or knowingly mislead Ministers or Parliament. If the hon. Gentleman has serious issues that he wishes to raise regarding civil servants, he can do so with the Department’s permanent secretary.