Clause 32
Planning Bill
6:00 pm

John Healey (Minister of State (Local Government), Department for Communities and Local Government; Wentworth, Labour)
I repeat that the IPC will absolutely have a narrow, confined and well specified competence within which to exercise the powers. I am tackling the proposition in the amendments that when there are to be primary legislative changes as a result of an application, the application and the changes should automatically be referred to the Secretary of State for decision. That would be a two-stage process, with two bodies going over the same ground and losing the greater efficiency, speed and certainty of the decision-making process.
We are back where we started. I said that I would spell out some of the safeguards that I hope will reassure hon. Members. The use of the IPC’s legislative modification powers must be contained within an application for a particular infrastructure project. The application must be in the form of an order that has been drafted according to model provisions in the Bill and must be in accordance with the national policy statement. The draft order must be submitted to the Secretary of State, who may demand changes if the modifications would contravene European Union or human rights legislation.
Given those reassurances and comments, I hope that hon. Members feel that we have had a good, important debate and will not press their amendments to votes. If they do, I urge my hon. Friends to resist.
