Clause 2 - Regional planning bodies
Planning and Compulsory Purchase Bill
4:00 pm
Mr Geoffrey Clifton-Brown (Cotswold, Conservative)
To refer to the points of order, we would have plenty of time to reach clauses 12 and 13 if we did not have the guillotine motion. Neither the Committee nor many outside organisations will appreciate our not reaching those clauses, especially since they relate to the transition of county councils. I want to register my protest that the Committee will not be doing its job if we cannot get to those clauses.
The clause to which the amendments relate is very important, as it is the clause under which the Secretary of State must designate the regional body. That is part of the transition from the current system of local plans and county structure plans to regional planning. I made it clear that the Opposition do not agree with regional planning or regional assemblies. However, the Government propose them and we must see whether they can work.
In my opening speech, I also made it clear that we could end up with an awful mishmash of planning in this country if we are not careful. If referendums are held and we vote for regional assemblies, some areas may have designated regional assemblies, some areas may have designated regional chambers while others have regional development agencies or government offices. The Government will have to consider the matter very carefully, because according to which body is designated, there will be a different emphasis on how it carries out its work. Some bodies will have directly elected members, while others have indirectly elected members. In the case of government offices, there will be no elected members at all.
Under the clause, once the Secretary of State has designated one of these designated bodies, if we may call them that, he can give a direction to withdraw recognition of that body if he does not like it. It would be draconian to withdraw recognition of that body having designated it, particularly if it is a regionally elected assembly. The amendments' purpose is to probe the Minister on the circumstances under which he would withdraw recognition.
Amendment No. 49 would omit subsections (3), (4) and (5). There is some sloppy drafting in subsections (4) and (5). On careful examination, those subsections are tautological because the opening words of subsection (4)—''Subsection (5) applies''—refer to subsection (5) before we even know what subsection (4) says. What a way to draft a Bill.
Subsection (4) should have started, ''If the Secretary of State'' and gone on to say what subsection (4) will do. It would then make sense for subsection (5) to begin:
''In such a case the Secretary of State may exercise such of the functions''.
The drafting is poor. As such, not only must we probe when the Secretary of State may give a direction. Subsections (4) and (5) are so badly drafted that they should be withdrawn at least until they can be corrected. They add further confusion to the entire process.
The direction given may recognise the regional assembly or the chamber as the RPB. Perhaps the Minister can clarify that point. In the kind and helpful guidance that he gave the Committee this morning, it says that in every case in which there was no elected regional assembly:
''although since the chamber is likely to be the RPB this seems unnecessary.''
That indicates that if the direction given does not recognise the elected regional assembly as the RPB it recognises the chamber. If that is the case, I would be grateful if the Minister would clarify that this afternoon. It is an important point, and I wish to know whether we have chambers up and running in every region. [Interruption.] The Minister is scowling. I can probably find the reference for him when I finish speaking because I hope that I have underlined it. It is on page 3 in the paragraph that starts clause 5.3. If I have misunderstood the document or it is incorrect, I would be grateful if the Minister could clarify the point in his reply.