Schedule 4

Housing and Regeneration Bill

Public Bill Committees, 15 January 2008, 12:15 pm

Powers in relation to, and for, statutory undertakers

Question proposed, That this schedule be the Fourth schedule to the Bill.

Photo of Lembit Öpik

Lembit Öpik (Shadow Minister (Housing), Department for Communities and Local Government; Montgomeryshire, Liberal Democrat)

I have one question relating to schedule 4. Paragraph 25 at the bottom of page 143 is entitled “Power to curtail decision-making process”. How will the Minister ensure that no future Minister will use this particular section of the schedule to curtail the consultation process unreasonably? As I understand it, this part of the schedule says that the Secretary of State or the appropriate Minister can effectively close down the investigation process when he is satisfied that enough information is available before making a final decision. There does not seem to be any insurance policy against pernicious abuse.

Photo of Iain Wright

Iain Wright (Parliamentary Under-Secretary, Department for Communities and Local Government; Hartlepool, Labour)

I am grateful for that question. It is very similar to what the hon. Gentleman asked in his previous line of inquiry about public rights of way. I would point out that the Secretary of State needs to act reasonably and in accordance with principles of general administrative law that would be subject to judicial review. As for the suggestion that a future Administration might have a less benign approach to these laws, I suggest to him that we need to work together to ensure that we continue to have a Labour Government.

Question put and agreed to.

Schedule 4 agreed to.