All 2 Eleanor Laing contributions to the Business and Planning Act 2020

Read Bill Ministerial Extracts

Mon 29th Jun 2020
Business and Planning Bill
Commons Chamber

Committee stage:Committee: 1st sitting & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons & Committee stage & Report stage & 3rd reading
Tue 21st Jul 2020
Business and Planning Bill
Commons Chamber

Consideration of Lords amendments & Consideration of Lords amendmentsPing Pong & Ping Pong & Ping Pong: House of Commons

Business and Planning Bill

Eleanor Laing Excerpts
Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Monday 29th June 2020

(3 years, 9 months ago)

Commons Chamber
Read Full debate Business and Planning Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 29 June 2020 (PDF) - (29 Jun 2020)
[Dame Eleanor Laing in the Chair]
Eleanor Laing Portrait The Chairman of Ways and Means (Dame Eleanor Laing)
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I should explain that, in these exceptional circumstances, although the Chair of the Committee would normally sit in the Clerk’s Chair during Committee stage, in order to comply with social distancing requirements I will remain in the Speaker’s Chair, although I will be carrying out the role not of Deputy Speaker but of Chairman of the Committee. The occupant of the Chair during the Committee should be addressed as the Chair of the Committee, rather than as Deputy Speaker.

Clause 1

Pavement licences

Mike Amesbury Portrait Mike Amesbury (Weaver Vale) (Lab)
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I beg to move amendment 2, page 2, line 2, at end insert

“, and—

(c) to which a temporary traffic regulation order under section 14 of the Road Traffic Regulation Act 1984 is operative and will remain so for the time period of the pavement licence, and which has been made pursuant to the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 as amended by the Traffic Orders Procedure (Coronavirus) (Amendment) (England) Regulations 2020.”

The purpose of this amendment is to include pavements where temporary measures are in place already to deal with the effects of coronavirus, by assisting social distancing and enabling active travel, such as cycling and walking.

Eleanor Laing Portrait The Chairman
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With this it will be convenient to discuss the following:

Clause stand part.

Clauses 2 to 8 stand part.

Amendment 3, in clause 9, page 7, line 37, at end insert—

“(1A) Subsection (1B) applies for the purposes of—

(a) the reference in section 1(5)(a) to a highway to which Part 7A of the Highways Act 1980 applies, and

(b) the references to traffic orders in section 3(6)(a)(i) and (b) (which, by virtue of section 3(7), have the same meaning as in that Part of that Act).

(1B) The definition of “traffic order” in section 115A(2) of the Highways Act 1980 is to be treated as if it included an order under section 14 of the Road Traffic Regulation Act 1984 made pursuant to subsection (1)(b) or (c) of that section under the procedure provided for by regulation 18 of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (S.I. 1992/1215) (procedure for temporary orders made for purposes connected to coronavirus).”

This amendment secures that the provisions about pavement licences apply where a highway is subject to a temporary traffic order under section 14 of the Road Traffic Regulation Act 1984 for reasons relating to coronavirus.

Clauses 9 and 10 stand part.

Amendment 1, in clause 11, page 19, line 13, at end insert—

“(6A) The Secretary of State may by regulations apply sections 172F to 172L of the Licensing Act 2003 to vehicles and moveable structures in order to vary the requirement under section 189(4) of that Act that a vehicle or moveable structure not permanently situated in the same place be treated for the purposes of that Act as if it were premises situated at only that place.”

This amendment is intended to provide flexibility for mobile licensed premises which are already licensed in one place to benefit from the temporary provisions of this Act in other locations.

Clauses 11 to 26 stand part.

New clause 1—Support for the tourism and hospitality sector

“(1) The Secretary of State must—

(a) carry out a review of the effect of Part 1 of this Act on the tourism and hospitality sector in England and Wales;

(b) set out the conclusions of the review in a report;

(c) publish the report; and

(d) arrange for copies of the report to be laid before both Houses of Parliament before 15 September 2020.

(2) The report under subsection (1) must also make an assessment of the effects of this Act on the tourism and hospitality sector in England and Wales compared with possible further and complementary measures, including, but not limited to, extending through to 2021 the period of operation in that sector of—

(a) the furlough scheme,

(b) Bounce Back loans, or

(c) other grants or financial support from public funds.”

The purpose of this new clause is for a review to examine the effect of this Bill’s proposals for the tourism and hospitality sector through to 2021, compared to extending the furlough scheme and the grants currently available.

New clause 2—Monthly report on hospitality sector measures

“(1) The Secretary of State must publish a review of the effect of this Act’s provisions on the hospitality, leisure, travel and tourism sector.

(2) A report under subsection (1) must be published within one month of the day in which this Act is passed and at least once in every month thereafter up to and including January 2021.

(3) Every report under this section must include relevant contextual information including (but not limited to) the effect of the changes to coronavirus job retention scheme on the hospitality, leisure, travel and tourism sector.

(4) The Secretary of State must arrange for a copy of each report made under this section to be laid before each House of Parliament.”

The purpose of this new clause is to require the Secretary of State to publish a monthly report for the next six months on the impact of the Bill in the context of changes to the coronavirus job retention scheme on sectors including hospitality.

New clause 4—Explanation for extending periods under Part 2 of this Act

“(1) Before any exercise of the powers listed in subsection (2) to make regulations under this Part of this Act the Secretary of State must make a statement on the reasons in each case for extending the provisions of this Act beyond 1 April 2021.

(2) The powers listed in this subsection are—

(a) section 16(7), on conditions relating to construction working hours;

(b) sections 17(8) and 17(9), on extending the duration of certain planning permissions;

(c) section 18(7), on extensions in connection with outline planning permission.

(3) The Secretary of State must arrange for a copy of the statement required under this section to be laid before each House of Parliament.”

The purpose of this new clause is to require the Secretary of State to provide a full explanation to the House before seeking to extend beyond 1 April 2021 any measures under this Part 2 of this Bill in relation to planning permission or construction working hours.

New clause 5—Costs on local authorities

“(1) The Secretary of State must make an assessment of the additional costs to local authorities of the effects of Part 2 of this Act.

(2) The Secretary of State must consult local authorities before making the assessment under subsection (1).

(3) The Secretary of State must arrange for a copy of the assessment required under this section to be laid before each House of Parliament.”

The intention of this new clause is to require the Secretary of State to publish a report detailing the extra costs accrued by councils as a result of processing increased volumes of planning applications through the new deemed consent route and additional environmental approvals.

New clause 6—Rolling three month parliamentary reviews

(1) This Act expires at the end of a review period unless the condition in subsection (2) is met.

(2) The condition is that the House of Commons has, following a debate, agreed a Motion moved during the review period by a Minister of the Crown in the form in subsection (3).

(3) The form of the Motion is—

“That the provisions of the Business and Planning Act 2020 should not yet expire.”

(4) The first review period begins on the day 90 days after the day on which this Act is passed.

(5) Subsequent review periods begin on the day 90 days after the day on which the previous review period ended.

(6) A review period ends at the end of the seventh sitting day after the day on which it begins.

(7) In this section, a “sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day).”

The purpose of this new clause is to provide a rolling review period for this legislation so that it can be revisited 3 months after it is passed and then every subsequent three months if necessary.

Mike Amesbury Portrait Mike Amesbury
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The Government are asking Parliament to expedite the parliamentary progress of this Bill. In everyday circumstances, it would not be fast-tracked, but would be subject to a lower gear of progress. We are not in ordinary times or everyday circumstances, and the Opposition recognise, and have indeed constructively argued, that many of the measures outlined in the Bill need to be in place before the summer recess in order to be effective.

If legislation is not passed in time, hospitality businesses and their customers will not be able to benefit from the flexibility and covid safety arrangement measures relating to outdoor seating and alcohol service over the coming months. Likewise, road hauliers and others are dependent on heavy duty vehicle and passenger-carrying vehicle testing and licencing, and construction projects may be paused or delayed without planning permissions being extended. Furthermore, the measures will facilitate bounce back loans by disapplying unfair relationship provisions in the Consumer Credit Act 1974.

Our position on the Bill is one of constructive engagement. We want to provide support for hard-pressed businesses while giving additional freedoms and flexibility to respond to covid-19 spatial requirements. Although the additional freedoms will be welcomed by many, I ask the Minister for reassurance that checks and balances are in place in order to maintain social order. We want to ensure access for those with visual impairment or limited mobility, and the right to peace and quiet in residential areas must be maintained. My hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier) will come on to that later.

It is also important that these measures are temporary and time-sensitive, with constructive engagement at the heart of any proposals to extend the operating hours of a construction site. Good planning is an enabler, rather than a constraint. Consultation helps to deliver good community, business and place outcomes.

Amendments 2 and 3 are common-sense amendments that aim to extend to more businesses the provisions in the Bill and ensure a streamlined procedure for businesses serving food and drink to access pavement licences. We welcome the provisions that will allow cafés, restaurants and pubs to reopen quickly and serve more customers, while maintaining a safe environment. The amendments would simply extend those measures to include spaces where temporary pavements have been created or extended for social distancing measures, so that businesses will be able to take advantage of that. I note the calls for caution. This needs to be done sensibly, and the impact on staff, local residents, local authorities and disabled pedestrians must be kept in mind.

New clause 2 addresses a vital omission in the Bill. The food and accommodation sector has had the largest decline in economic output of all sectors with available data in this crisis. An extraordinary drop of 92% between February and April led to almost 6% of workers being furloughed. Despite the help the Bill offers to businesses, it does not offer “business as normal.” It is vital that we understand the impact the measures in this Bill will have on these industries, especially considering the support the Government are currently providing through the furlough scheme. We need not undo the good work done by the scheme so far. The new clause would require the Government to publish a report every six months on the impact of the Bill in the context of the coronavirus job retention scheme. Such a report is vital to the understanding of the ongoing impact on hospitality, tourism, leisure and the travel sector. Only by knowing the scale of the problem after the measures in the Bill are implemented will the Government be able to match it with the proper level of tailored support that this sector will clearly need.

New clause 3 addresses the lack of regular data provided for applications for coronavirus support schemes. The Government do not currently release data on the number of businesses that fail to access loan schemes. Current data relates only to the total number of applications and the number of loans granted. Again, we must know how well the schemes are working in order to help businesses through this crisis, so I hope the Government will consider this new clause.

New clause 4 relates to part 2 of the Bill, which in turn relates to my brief, and the Minister’s brief, of planning and construction. I broadly welcome, as does the Royal Town Planning Institute, the planning measures in the Bill that will ensure that building work can safely restart, especially in light of the “build, build, build” message that will be detailed tomorrow in the Prime Minister’s much trailed speech. However, considering the impacts of longer working hours and extended planning permissions on neighbourhoods is important. Under the new clause, the Secretary of State would return to the House if he wished to extend the measures relating to construction working hours or extensions to current planning permissions beyond 1 April 2021. That is not to say that we would necessarily oppose any extensions, but it is vital that these provisions are not extended without explanation, and the new clause addresses that.

Finally, new clause 5 would require the Secretary of State to publish a report detailing the extra costs of processing these measures for local authorities. It is not clear at the moment what the measures contained in the Bill will cost local authorities in practice. Throughout this crisis they have been working around the clock to protect their communities from the covid-19 outbreak and its immediate impact. The Bill highlights that local authorities will also be crucial in the recovery phase. Their work has, as my colleagues my right hon. Friend the Member for Doncaster North (Edward Miliband) and my hon. Friend the Member for Croydon North (Steve Reed) have said, come at a huge financial cost. Austerity measures over the past 10 years have had a devastating impact on local authority budgets, and despite the rhetoric of “whatever it takes,” the Government have not provided local authorities with anywhere near the level of funding they need in the wake of the immediate crisis. The provisions in this Bill will certainly result in yet more work and higher costs for local authorities, including for local planning departments, which have already had to cut spending by half in the last decade. Given that, it is essential that we understand fully what the impact of these changes will be on local authority finances and that local authorities are fully consulted. As my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier) has made clear, the measures in the Bill will also not have a uniform impact across the country, and that needs to be taken into account.

We have enjoyed constructive communication on this Bill with the Government, and these amendments are tabled in a similarly constructive way. I look forward to the Government providing us with the detail and assurances on the broad range of issues I have outlined.

Business and Planning Bill

Eleanor Laing Excerpts
Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 21st July 2020

(3 years, 8 months ago)

Commons Chamber
Read Full debate Business and Planning Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-R-I(Corrected-II) Marshalled list for Report - (15 Jul 2020)
Christopher Pincher Portrait The Minister for Housing (Christopher Pincher)
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I beg to move, That this House agrees with Lords amendment 1.

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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With this we may take Lords amendments 2 to 42.

Christopher Pincher Portrait Christopher Pincher
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This Bill is an essential part of the Government’s response to the effects of covid-19 and the restrictions that have been keeping people safe. We know that these restrictions have come at a considerable cost to our economy and to people’s lives. We all have constituents who are desperate to get back to work— desperate to get back to their normal lives. This Bill will help to make that happen. This Bill will help the country get back on its feet.

The amendments that we are considering this evening do not disrupt the thrust of the Bill as it left this House. In fact, they improve it. It is worth remembering that when this Bill was last in this House we debated it over one afternoon—unusually fast, as several hon. and right hon. Members have said—to ensure that it would come into force before the summer recess and give the greatest possible benefit to the country.  The Bill has received more extensive consideration in the other place, and I hope that we can agree the amendments.

I am grateful to hon. and right hon. Members for their constructive engagement with the Bill. I am particularly grateful to the right hon. Member for Doncaster North (Edward Miliband) and his colleagues in the Opposition for their collaboration. Members’ thoughtfulness and involvement have been a great help in improving this legislation, and I am pleased with the result of our deliberations. I should also like to recognise parliamentary counsel, the legal advisers and staff of the other place and of this House for marshalling this Bill through all its stages.

I shall briefly summarise the amendments that have been made in the other place. First, we have improved the pavement licensing measures in several ways. We have ensured that authorities must have regard to the needs of disabled people when considering whether to grant a pavement licence, and we have ensured that non-smoking areas will be provided by businesses that are granted pavement licences. We have also ensured that local authorities can delegate decisions about pavement licences to sub-committees or to officials, and that regulations issued by Government will be laid before Parliament. Those amendments are in keeping with the policy intention of the pavement licence provisions and improve them. I therefore hope that the House will support the amendments.

Secondly, we have amended the provisions about off-sales of alcohol to combat antisocial behaviour. I am especially grateful to hon. Members for their involvement in this issue—especially my hon. Friend the Member for Kensington (Felicity Buchan); my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), who brought to bear her considerable experience as the leader of a London council; and the hon. Member for Hackney South and Shoreditch (Meg Hillier), who spoke eloquently when we last debated the matter in this House. I believe that collectively, they have improved the Bill. The Bill now limits off-sales to 11 pm at the latest, and any new permissions will not allow the sale of alcohol for consumption in outdoor areas of the premises that are already restricted by the premises licence. Making off-sales of alcohol easier will help the hospitality industry to recover more quickly, but in a way that does not encourage antisocial behaviour.

Thirdly, we have increased the extension of planning permission by one month. This is a modest extension, but it will provide further certainty and reassurance to developers and local authorities that planning permissions will not lapse unnecessarily as a result of the pandemic. Fourthly, in response to the report by the Delegated Powers and Regulatory Reform Committee, any extension to the provisions can be made only when it is

“necessary or appropriate for a purpose linked to the coronavirus pandemic.”

That is an important clarification.

Finally, the Bill now amends section 78 of the Coronavirus Act 2020 so that the Government can make regulations to enable specific authorities to conduct their meetings remotely. These authorities were omitted from the Coronavirus Act because of the speed with which that legislation was passed, and now is the appropriate time to include them. I hope the House will agree these Lords amendments.

I am sure that hon. and right hon. Members agree that businesses throughout our country need the benefit of these provisions this summer. As someone once put it, we need to help to fix the economy while the sun is shining. If we do not pass this Bill today, it will not take effect until the autumn, and the country will lose out on the valuable provisions over the summer months. The Bill has been much improved and scrutinised in the other place, and it is an example of how Parliament can work quickly and effectively in the national interest and set the United Kingdom on a path to recovery. I therefore trust that the House will support all the Lords amendments.