Planning and Infrastructure Bill - Committee (2nd Day) – in the House of Lords at 4:15 pm on 24 July 2025.
Lord Moylan:
Moved by Lord Moylan
55A: Clause 42, page 55, line 4, after “may” insert “, subject to the approval of the environment agency,”
Lord Moylan
Shadow Minister (Transport)
My Lords, again I return to the Dispatch Box not to object as a matter of principle to what the Government are proposing in Clause 42 but to throw a little grit, in the hope that the Government will explain the consequences of it for us and accept that it might need some moderation.
The effect of Clause 42 is that an order under the Transport and Works Act can be made that includes a marine licence without having to apply separately to the Marine Management Organisation. The concern that I have expressed in my Amendment is that there appears to be no requirement in any of this for consultation with the Environment Agency, which has considerable responsibilities for much of our marine environment. Some assurance on the existing apparatus of guardianship is necessary. It is like what we discussed earlier. Keeping the guard-rails without necessarily having excessive bureaucracy is something we are sympathetic to, but losing the guard-rails altogether is much more concerning.
The Environment Agency is part of the guard-rails system for protecting our marine environment. We should like to know that it will be properly consulted and that that will be in the Bill. With that, I beg to move.
Lord Hendy of Richmond Hill
Minister of State (Department for Transport)
My Lords, I shall seek to be brief on this matter. Clause 42 allows for a single process similar to that in the Planning Act 2008, which already provides for deemed marine licences. Applicants will still need to consult the Marine Management Organisation on a Transport and Works Act order that contains a marine licence, ensuring that proper oversight remains in place.
The Marine Management Organisation’s application process includes consultation with the Environment Agency, whose representations will be given due regard during the determination process by the Secretary of State. The clause removes duplication and, therefore, streamlines the process, saving time and costs in decision-making, while maintaining the Environment Agency as a statutory consultee. It aligns the Transport and Works Act with the Planning Act 2008 process, making it simpler and quicker for transport projects that involve marine areas.
The noble Lord’s Amendment would introduce a blocking power for the Environment Agency that does not exist for deemed marine licences under the equivalent provisions in the Planning Act 2008 regime. Clause 42 reduces bureaucracy, helping to deliver transport infrastructure more efficiently. I appreciate the noble Lord’s interest in this clause. However, I kindly ask him to withdraw this amendment.
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Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
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