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Planning Bill

My Lords, as the noble and learned Lord, Lord Boyd of Duncansby, started to give his critique, my heart sank, but when I realised that paragraph (c) in the amendment would be part of Clause 221(2), that subsection (3) would be a separate subsection and that paragraph (c) is not subject to subsection (3), my spirits rose again. I had not thought it likely that the noble Lord, Lord Jenkin of Roding, and my noble friend, who worked together closely on this amendment, would have made a basic drafting error, although, for about 30 seconds, I thought that the noble and learned Lord had spotted one. It has been put to me that, even without this amendment, this House could do what is suggested by having a debate, passing a resolution and setting up a committee. That is so, but paragraph (b)—the provision that the Secretary of State must respond—is at the heart of good scrutiny; it requires a response and feedback. The attention to detail shown by your Lordships’ House to Part 11 over the past few days demonstrates the value of such scrutiny. The arrangements proposed in the amendment would perfectly capture the skills of this House, although they do not go as far as those that some of us supported when dealing with the amendment last week. We are told that this is not a tax—although that raises issues. However, the development and regeneration that might come about as a result of this levy will certainly be affected by the detail as well as by the principle. Again, this House would have a valuable role to play. Finally, the comment was made—possibly by the noble Lord, Lord Jenkin—that the House of Commons and the House of Lords have equal roles in a bicameral Parliament. I would say that they are complementary—perhaps they are equal and complementary—and the complementary element is captured by this amendment, which we on these Benches support.