Localism Bill

Lord McKenzie of Luton Excerpts

Monday 20th June 2011 Lords Chamber

[Lord Tope]

My Lords, in moving the amendment, to which I have added my name, my noble friend made it clear that it is a probing amendment. It might therefore be that the Minister is not about to accept it. If that proves to be the case, I am conscious that the Minister has received considerable advice from behind her that she should not attempt to define sustainable development now or at any time in the future. Therefore, perhaps she could confirm that the Government intend, in the not very distant future, to publish their definition of sustainable development, a definition that will subsequently appear in the national planning policy framework document. If she can confirm that, can she also confirm that it will at least reflect the balanced approach that the amendment seeks to achieve?

[Lord McKenzie of Luton]

My Lords, we should congratulate the noble Lord, Lord Greaves, on giving us an early opportunity, during the course of the Bill, to debate this very important issue. We agree that it is important to enshrine, at an appropriate point in the Bill, a definition of sustainable development and the principles that he has outlined in the amendment. We agree with the definition and with the principles that he has set out. I anticipated that we would have this debate a little later when we got to Part 5 of the Bill, but important points have been made about this not being just about narrow planning; there is a broader dimension to it.

I agree with what the noble Lord said in moving the amendment. There are concerns about sustainable development being sidelined by the Government. He referenced the Budget pronouncements. Clause 124 could be a change in the balance of the assessment of sustainable development, and we have a lack of clarity over the NPPF; indeed, the advisory group’s draft has moved us some way away from what the previous Government had accepted and which I thought was generally accepted as sustainable development.

With some hesitation, I disagree with the noble Lord, Lord Lawson, that sustainable development is a meaningless concept. The fact that we may have had 1,000 years of growth generally in the economy and growing prosperity is fine, but are there not judgments to be made along the way about what that has done to the environment? Certainly in latter years, has not that growth often been achieved by recognising that you have to balance the impact, for example on the environment? I do not believe that it is a meaningless concept.

I agree with the point made by the noble Lord, Lord True, about the framing of the amendment, and I shall come on to that in a moment. There is a real risk that you create a lawyers' paradise. One of the assessments of well-being powers, and why they were not better used, was that lawyers, who were very cautious, got involved and that that precluded the use of the power more extensively than was anticipated at the time. I therefore very much agree with the right reverend Prelate the Bishop of Exeter in his approach to sustainable development, and with the noble Lord, Lord Taylor of Goss Moor. I disagree with the noble Lord, Lord Lawson.

When thinking about the Opposition’s response to this amendment, I considered how it sits with the local authority’s duty to prepare community strategies. That is set down in the Local Government Act 2000. There has hitherto been a requirement to prepare community strategies for improving economic, social and environmental well-being and contributing to the achievement of sustainable development in the UK. I asked the DCLG whether that obligation still exists. It does, but perhaps the Minister will confirm the Government’s intention to repeal the duty to prepare a sustainable community strategy. Instead, the Government have set down light-touch, best-value statutory guidance, on which they are consulting. The consultation document is extremely interesting, and shows about four pages of rubric on one page of a draft definition of “best value statutory guidance”. Only one sentence potentially touches on sustainability. It states:

“Under the duty of best value, therefore, authorities should consider overall value, including environmental and social value, when reviewing service provision”—

in place of the existing obligation to have sustainable community strategies.

The noble Lord, Lord Greaves, said that he wanted something that ran throughout the Bill, but I do not believe his drafting achieves that. Specifically, it states:

“A local authority shall exercise the power conferred by section 1”,

which is the general power. Again, analysis of the well-being power showed that it was not used in preference to statutory powers that local authorities may have. If we saw that replicated with the general power, in a sense what the noble Lord is seeking to achieve here would not capture that.

I understand that this is a probing amendment, and we support its thrust. We certainly want to see those definitions in the Bill and are happy to work with the noble Lord to achieve some refinement to the approach set down in his amendment.

[Baroness Hanham]

My Lords, I understand that this is a probing amendment and I thank all noble Lords who have taken part in this short debate. The Government are not unsympathetic to the attempt to describe “sustainable development”. In fact, they have already done so on two occasions. They support the Brundtland definition, and their statement on maintaining sustainable development, published in February this year, includes a commitment to embed these principles across government policy. Therefore, it is not only in this Bill that the sustainable development is likely to come about.

We accept that there is a strong relationship between the Government’s approach and the ambitions of this Bill. However, whether we can spell it out in a way that is acceptable on four fronts is probably more difficult. It would put it on to a statutory framework that is a lawyers’ paradise. The expectation and understanding is that local people will be best placed to understand what is right for sustainable development locally, and noble Lords may have become aware of the definitions that have appeared in the consultation on presumption in favour of sustainable development that has just been published.

On the planning system, we believe that there is a presumption in favour of sustainable development at the heart of the new planning system. We will look to local planning authorities to prepare local plans on the basis of objectively assessed development needs and with sufficient flexibility to respond to rapid shifts of economic change. They should approve without delay development proposals that accord with statutory plans—noble Lords opposite mentioned that—and should grant permission where the plan is absent, silent or indeterminate, or where relevant policies are out of date.

That issue is one of planning. Noble Lords also referred to the generality. February’s Statement made clear the Government's view that there are three pillars—the economy, society and the environment—which are interconnected. We recognise that long-term economic growth relies on protecting and enhancing the environmental resources that underpin it, and on paying regard to social needs. Those are the principles of sustainable development that we need to take forward.

I will resist, at least for the moment, having a definition such as that put forward by the noble Lords, Lord Greaves and Lord Tope. If there was ever going to be a definition, we would need to be very clear and sure that it would be legally unchallengeable, because definitions never define the whole process and all the opportunities; sometimes they are restricting rather than helpful. Some of my noble friends behind me may be slightly sad about this. I say to them that in general the Government have some sympathy with sustainable development. As I have indicated, they have already made commitments on the subject. However, I regret to say to the noble Lord, Lord Greaves, that his proposed new clause would not be helpful at this stage.

Building Regulations (Review) Bill [HL]

Lord McKenzie of Luton Excerpts

Friday 4th March 2011 Lords Chamber

[Lord Knight of Weymouth]

My Lords, I want, briefly, to reinforce the comments made by the noble Lord, Lord Best. I do so as a former patron of the national fire sprinkler campaign and former chair of the Fire Safety Council. That was some years ago now and I do not currently have any interest in that area. When I was Schools Minister I ensured that the attitude towards sprinklers in schools was shifted significantly so that only the very lowest-risk schools in terms of fire would be exempt from installing sprinklers. That took a lot of ministerial heavy lifting when officials were giving contrary advice, so I urge the Minister to adopt such a policy if he is hearing all the reasons why not to do something when the case made by my noble friend Lord Harrison has been so strong in respect of the views of fire officers.

In the work that I have done over the years with fire officers—I pay tribute, in particular, to Peter Holland the chief fire officer at Lancashire—they have consistently said, “This is about saving lives for probably the cost of installing carpets in a building”. For that cost a huge amount is to be gained. Once you get into residential installations you are starting to achieve the sort of scale that can drive innovation. The noble Lord speaking from the Liberal Democrat Benches talked about the cost of tanking. Tanking systems are often but not necessarily used. If there is good enough water pressure—negotiation needs to be had with the water companies there—it is possible to go ahead with a small sprinkler system without using a tanking system.

Similarly, there may be other ways of scoring innovations. There has been some discussion about using the piping within a central heating system in a residential dwelling, and indeed using the water pump from the central heating system to supply a sprinkler system. Such innovations can be tested better, as they are in Wales, when we start to do residential systems. The comments of the noble Lord, Lord Best, about design freedom should be taken into account by the Department for Communities and Local Government—and not just design freedom within properties where some of the passive protections that can be quite frustrating to homeowners can be removed. Indeed, many of us have seen fire doors propped open which means that all the effectiveness of those passive measures is lost. There is also potential design freedom within new estates where the risk assessment from the fire authority is such that you might not need quite the same turning circles for large fire vehicles because the risk around fatalities in fires is so much reduced by having a sprinklered estate.

I urge the Minister to be sympathetic to my noble friend’s very modest proposal. I draw his attention to the first word of Clause 1—“Within”—and I hope that if he accepts the 30-month proposal, the drive is still on to get it as soon as possible. We should have in mind the story of the fire officer related by my noble friend Lord Harrison. As you wait an additional 18 months the lives of yet more fire officers and residents will be at risk.

[Lord McKenzie of Luton]

Briefly, I support my noble friend's Bill and the amendment and pay tribute to his persistence and dedication on the issue of fire safety. I support the amendment with reluctance, because the Bill is perfectly adequate as it stands, but my noble friend has gone the extra mile by extending the time.

Given that extension, what assurance can the Minister give us on funding for ongoing community fire safety activity, which has been at the heart of driving down the number of deaths from fires in this country? Since we last debated this at Second Reading, we have had the CLG publication, Future Changes to the Buildings Regulations—Next Steps. In Part B, on fire safety, it states about the consultation:

“However, this exercise has not produced any significant new evidence on the health and safety benefits of greater sprinkler provision that would alter the cost/benefit analysis and the basis of the current approach. The Department will not, therefore, be considering this as part of next year’s programme of work”.

It seems an odd position to take that the Government do not want to engage in or encourage new research but are happy to rely on current research, which has been a bone of contention—we debated the BRE research previously under the Bill—as the benchmark to say that there is no new evidence. That is a rather perverse way to proceed.

On the summary of work to be taken forward from the consultation exercise, I am certainly pleased to see that Part P, to do with electrical safety, will be in next year's work programme, because there is interrelation with issues of fire safety. About 8,000 deaths in the home are caused by inadequate electrical work. I would hope that that will focus on greater use of competent person's schemes. Paragraph 3.4 states:

“Finally, there is also a third group of issues that we believe currently lack clear evidence to support regulation in 2013, but which we would not wish to definitively rule out. This includes whether to expand the provisions for radon gas protection and whether flood resilience/resistance should be incorporated into regulations”.

My second question for the Minister is: where does that leave the review of Part B? What is the programme for review in Part B, or will the Government continue to oppose the Bill and the research that it seeks and rely on the status quo of research, therefore closing their minds to further review of that important part of the building regulations to deal with fire safety?

I support my noble friend and his amendment, although I think that the Government should have been more encouraging and not have required him to seek this extension.

[Baroness Smith of Basildon]

I support my noble friend Lord Harrison’s amendment and his Bill. At the Dispatch Box in our previous debate, the noble Lord, Lord Stevenson, referred to “Groundhog Day”. A number of us in the Chamber today feel the same sense that we have been here before. I pay enormous tribute to the tenacity and commitment of my noble friend Lord Harrison for the work that he has undertaken to drive this forward. He has not been prepared to let the issue drop. He wants to continue purely in the interests of public safety. The same goes for my noble friend Lord McKenzie of Luton, given his former role at the Dispatch Box and his commitment. My noble friend Lord Knight of Weymouth will remember many discussions on the way forward on this when I was the fire Minister and he was an education Minister. As he said, I am pleased that we were able to make such progress.

I support the amendment—with some reservations, like my noble friend, Lord McKenzie; but it will get my support. I am not sure that it is necessary, but if the Minister thinks that it helps and if that is what it takes to move the issue forward, get the research and assessment we need, I am happy to support that. I am grateful to the Minister for the meeting between his officials and my noble friend Lord Harrison, because that is what led to him proposing the amendment.

Airlines: Snow and Ice

Lord McKenzie of Luton Excerpts

Thursday 27th January 2011 Lords Chamber

[Earl Attlee]

My Lords, my right honourable friend the Secretary of State has asked Sir John Beddington to give him scientific advice on the likelihood of future severe winters. On 25 October 2010, the Met Office provided the Cabinet Office with an updated three-monthly forecast, which suggested a 40 per cent chance of cold conditions, a 30 per cent chance of near average conditions and a 30 per cent chance of mild conditions over northern Europe.

[Lord McKenzie of Luton]

Does the Minister think that BAA and other airports might benefit from the experience of London Luton Airport, which this winter has lost just five hours of operations—that was due to closure of airspace by NATS—despite the fact that Luton experienced greater snowfall than Heathrow? Does he agree that this was down to good management and planning, involving investment in equipment and consumables, early rehearsals of runway closure procedures and co-ordination across the airport, particularly with handling agents?

[Earl Attlee]

My Lords, the noble Lord makes the important point that good planning can mitigate the effect, but Heathrow Airport experienced 16 centimetres of snow in one hour, which was far more than was reasonable to plan for.

Building Regulations (Review) Bill [HL]

Lord McKenzie of Luton Excerpts

Friday 22nd October 2010 Lords Chamber

[Lord McKenzie of Luton]

My Lords, it is with great pleasure that I rise briefly to support my noble friend Lord Harrison. He makes a powerful case for his Bill, which I support. I also pay tribute to his commitment to the cause of fire safety, which he demonstrated again towards the end of the previous Parliament in a Bill truncated because of the general election. Like my noble friend, I take this opportunity of placing on record a tribute to the fire and rescue services, their dedication, their bravery and all they do in keeping so many of us from harm’s way.

If I may say so, I think the approach of this Bill is better than that of the previous Bill. It is seeking a review of the building regulations and an impact assessment of the possibility of automatic fire suppression systems being included for new residential premises. It sets out the matters which should be included in this assessment, but allows for factors outside the list. I have no doubt that the Minister, in giving a government view, will be able to refer to the evidence base which is anyway being assembled in connection with a review of Part B of the building regulations, but there is no reason why this could not be encompassed within the assessment that my noble friend is seeking in the Bill. While Part M of the building regulations is not due to be formally reviewed until 2013, the long lead time needed for changes would not seem to be inconsistent with the 12-month timeframe called for by this Bill.

The BRE research that underpinned the previous update of the building regulations was a bone of contention, and there was no meeting of minds about whether its analysis took account of all the evidence. The Bill presents an opportunity to move on from that, and it is encouraging that the Chief Fire Officers Association is now working on a project with the BRE to update the research. Perhaps the Minister would also take the opportunity to update us on progress on a couple of the research projects that were in train when we left office, particularly the trialling of low-cost sprinkler systems in Lancashire, Kent, Suffolk and Northumberland and the commissioned research looking at the cost-effectiveness of sprinkler systems in high-risk buildings.

My noble friend’s Bill rightly calls for an impact assessment looking at costs and benefits. I have no doubt that we will hear other contributions today which remind us of the fragility of the current housing market and the challenges facing the housebuilding sector, which were not made any easier by the draconian cuts to capital for affordable housing of which we were informed just this week. It is also right that we consider these in the longer-term context. My noble friend’s earlier Bill focused on sprinkler systems for new residential property, not the retrofitting of existing homes. Whatever the conclusions of the review and the impact assessment, we need to continue with a robust, proactive fire safety strategy. That involves efforts to reduce the incidence of fire through education, information and publicity, and in particular reminding people of the importance of having working smoke alarms installed in their homes and regularly testing them. We have seen a dramatic increase in smoke alarm ownership, helped in part by a pump-priming funding stream, which was then mainstreamed for fire and rescue authorities in the revenue support grant of those authorities.

My noble friend Lady Smith of Basildon will say more about this, but any assessment of the costs and benefits of sprinkler systems will doubtless give some regard to the capacity of the fire and rescue authorities to carry out their preventive activities at current levels. The cuts of 25 per cent in support grant will not make this easy. Making up the difference with council tax increases is hardly an option, especially with a squeeze on council tax benefit.

What my noble friend’s Bill seeks is entirely reasonable. It seeks facts and analysis about the impact of installing sprinkler systems in new residential properties and asks that this work be reported to Parliament when completed. It would seem consistent with, and could be accomplished together with or alongside, work streams that might already be under way in connection with an update of the building regulations. It presents the chance to try to resolve a difference of view that is not just about some theoretical or technical debate but about improving fire safety, saving lives and reducing the devastating consequences that a fire can inflict on individuals and families. My noble friend deserves our support and praise for his unswerving commitment to this cause.