Lord Moylan:

Moved by Lord Moylan

53G: Clause 30, page 44, line 3, at end insert—“(4H) Before making an order under this section, a strategic highways company must consult for a period of not less than 12 weeks—(a) neighbouring highway authorities;(b) local planning authorities whose area the highway passes through or would pass through;(c) where applicable, combined mayoral authorities whose area the highway passes through or would pass through.”Member’s explanatory statementThis Amendment would require strategic highways companies to undertake a minimum 12-week consultation with neighbouring highway authorities, local planning authorities, and combined mayoral authorities before making trunk road designation orders.

My Lords, we come now to a number of amendments that relate to Clauses 30, 31 and 32, and to my Opposition to the question that Clause 34 stand part of the Bill. We shall return to Clause 33 in an ensuing group. These are a bit of a ragbag, because this part of the Bill is something of a ragbag, but I have grouped them together because, although they are relatively trivial clauses, they deserve some level of exploration.

Amendment 53G relates to Clause 30, and it is to do with the power being given to the highways authority to designate trunk roads. At the moment, this designation has to be carried out by statutory instrument. Contrary to advice that I suspect would be offered by my noble friend Lord Deben, were he still in his place, the Government wish to transfer that power to Highways England. I have to grant that this is not a constitutional point on which to go to the stake, but we are at least, in this amendment, asking that it be required to undertake proper consultation with neighbouring authorities—highways authorities, planning authorities and local authorities—in so far as they are not the same body. I hope that the Minister would be able to agree to that.

I have to admit that Amendment 53H to Clause 31 is a bit of a tease. The Department for Transport, pressed to find something that it could put into the Bill, has gone so far as to say, “Wouldn’t it be a nice idea to standardise notice periods, so that instead of having six weeks under the Transport and Works Act, we move it to 30 days?” The only thing about that is that, if you turn to the Explanatory Notes, the example of standardisation given is the Planning Act, where it says the notice period is 28 days. I have tried to be helpful to the Government here in seeking to correct 30 days to 28 days so that it is compliant with the Explanatory Notes that the Government have themselves produced. Were the Government simply being inattentive? I wonder how much time we should spend debating this clause.

Amendment 53I relates to Clause 32. It raises a similar concern to that which I raised in relation to Clause 30. The clause dispenses with the need for a statutory instrument in confirming certain schemes. Again, the question here is whether the Secretary of State should be taking those powers for herself and away from Parliament. The amendment is much more honest. The Secretary of State is obliged to publish confirmation of an order or scheme when she makes that confirmation, but it does not say what deadline she has to meet when she makes that confirmation before she issues the publication. We suggest that she should have to do so within seven days.

Clause 34 changes the Transport and Works Act. It is the first clause in this part that relates to that Act. Again, model provisions are currently provided by statutory instrument and, again, the Government are taking that power away and giving it to Ministers. Is that really necessary? Would it not be better, out of respect for Parliament, to leave them within the statutory instrument process so that they can at least be scrutinised and debated when they are changed, rather than simply made by Ministers and objected to afterwards? With that, I beg to move.

My Lords, before I turn to Amendment 53G, I will reflect on the point made by the noble Lord, Lord Moylan, at the end of the previous group. I will, of course, write to him about the question of the general fund versus the highway fund. He reflected on the deftness of the noble Lord, Lord Liddle, in turning his amendment to charging electric cars, but I have some sympathy as the noble Lord will be travelling on Avanti on a Thursday afternoon.

Amendment 53G seeks to require

“strategic highways companies to undertake a minimum 12-week consultation with neighbouring highway authorities, local planning authorities, and” relevant

“combined mayoral authorities before making trunk road designation orders”.

I welcome the reasoning behind the noble Lord’s amendment and note that the existing legislation makes some provision in respect of these matters—most notably, in parts II and III of Schedule 1 to the Highways Act 1980, which set out consultation requirements in respect of every council in whose area the proposed highway order relates.

The noble Lord’s amendment could introduce an additional and unnecessary administrative burden on those neighbouring local authorities that are not directly affected by a proposed order but would necessarily be directly consulted by National Highways. Mandating engagement risks diverting resources away from the core task of delivering vital infrastructure and could lead to delays.

My Lords, it is an ingenious argument on the part of the Minister, but I have never come across, and I may say that he has never come across, a consultation that mandates a response from a consultee who has nothing to say.

We will differ slightly on the interpretation. I think that I agree with him.

Furthermore, imposing a 12-week minimum consultation period would introduce rigidity that would have the consequence of significantly slowing down the delivery of transport infrastructure projects. It would be contrary to the purpose of Clause 31, which is designed to make consultation more efficient while maintaining necessary safeguards.

Amendment 53H, tabled by the noble Lord, Lord Moylan, proposes to amend the notice period from 30 days to 28 days. He did not detain us long, and neither will I. The purpose of this is to reduce it from six weeks. I note his comparison with the Planning Act. The Government’s proposal of 30 days seems, to the Government at least, to strike a good balance in this respect. That is where we propose to leave the matter.

Amendment 53I, tabled by the noble Lord, seeks to write into primary legislation that the Secretary of State must publish the notice of making a highway order and the confirmation of a highway scheme within seven days, along with the related documentation. Currently, notices are dated on the day they are published. The amendment would not have the effect of speeding up that part of the process. I appreciate the noble Lord’s interest in this clause and the intentions behind the amendments, but I ask him not to move his amendment.

The noble Lord has given notice of his intention to oppose Clause 34 standing part of the Bill. The clause contains an enabling power that allows the Secretary of State in England and Welsh Ministers in Wales the power to move model clauses from legislation into guidance to make the Transport and Works Act process more efficient for applicants. The model clauses are intended to streamline the delivery of Transport and Works Act orders. They set out standardised provisions for applicants and other stakeholders to consider in the preparation of applications. They can currently be amended only through secondary legislation, so moving them into guidance will allow these helpful guiding provisions to be updated on a more responsive basis via a more efficient process. This supports the Bill’s aim of simplifying and streamlining transport Laws, ensuring that we have a more efficient legal framework. I urge the noble Lord not to oppose the clause standing part.

My Lords, the Minister did much less well that time round than he did on the previous debate. At least on the previous debate he said that the issues that I had raised would be dealt with one way or another in secondary legislation. Here he is moving into government blank wall approach: nothing can be changed. None the less, given the relative triviality of this part of the Bill and the fact that it does nothing whatever to promote growth but tidies up a few things here and there—that is all from the bottom of a bureaucrat’s desk—I am happy at this stage to beg leave to withdraw my Amendment.

Amendment 53G withdrawn.

Clause 30 agreed.

Clause 31: Deadlines for consultation and decisions on certain orders and schemes

Amendment 53H not moved.

Clause 31 agreed.

Clause 32: Procedure for certain orders and schemes

Amendment 53I not moved.

Clause 32 agreed.

Clause 33: Compulsory acquisition powers to include taking of temporary possession