Lord Roborough:

Moved by Lord Roborough

80: Clause 18, page 24, line 14, at end insert— “(4) Any fees received by the Scottish Ministers under paragraph (2)(d) may only be used to fund—(a) consumer benefits packages, or(b) local planning authorities.”Member’s explanatory statementThis would ensure that any fees paid to Scottish Ministers are allocated to either community benefits packages or to support local authority planning departments.

My Lords, in moving Amendment 80 I will also speak to Amendments 81 and 82, which are in my name, as well as Amendments 85A, 88B and 88C in the name of my noble friend Lord Goodman of Wycombe.

The amendments in my name deal specifically with consent and the exercise of planning powers in Scotland under the provisions of this Bill. I begin with Amendment 80, which seeks to ensure that any fees collected by Scottish Ministers for purposes related to planning are hypothecated—that is, ring-fenced—for either community benefit packages or the direct support of local authority planning departments.

There is a simple but important principle at the heart of this amendment—that money raised locally, ostensibly for planning purposes, should be used locally for planning purposes. It is about transparency, accountability and trust in public institutions. If the Scottish Government are to charge fees for planning processes, it is only right that those funds are seen to benefit either the communities directly affected by a development or the planning departments tasked with delivering and managing this complex work.

This is not a theoretical concern. As noble Lords will be aware, Scottish local authorities are chronically underfunded by the SNP-run Scottish Government. Planning departments in particular have suffered disproportionately. According to recent studies, planning is now the most reduced and lowest-funded local authority service area in Scotland. That is simply not sustainable, and it is certainly not compatible with any Government’s stated ambitions around housing delivery, infrastructure development or environmental management. Amendment 80 is, therefore, not just a matter of good governance but a matter of necessity. Without proper funding, planning departments cannot attract the right skills, cannot deliver timely decisions and cannot properly engage with local authorities.

Meanwhile, there is real and understandable concern that funds paid by applicants or developers are not always being used for their intended purpose. There is a risk—indeed, some would say a pattern—of the SNP-run Scottish Government diverting funds towards what might appear to be politically motivated projects, including, of course, work on pro-independence White Papers. This amendment would place a clear legal duty on the Scottish Ministers to use planning-related fees either to fund local planning capacity or deliver tangible community benefits. It is a reasonable safeguard and a much-needed one.

I turn to Amendments 81 and 82, which are more technical in nature but no less important. Amendment 81 clarifies the jurisdictional and procedural rules that apply to infrastructure consenting processes in Scotland. In short, it aims to ensure that there is clarity both for applicants and for statutory bodies about how decisions are made, by whom and under what legal framework. Amendment 82 goes a step further, by removing provisions that reduce co-ordination between Scottish and UK consenting regimes in relation to major infrastructure projects. As noble Lords will appreciate, such projects do not respect administrative boundaries. Whether it is energy transmission, transport connectivity or environmental resilience, we must have joined-up processes that minimise unnecessary duplication, delay or confusion.

I want to be clear: we are not seeking through these amendments to reintroduce the automatic right to public inquiry that the Bill removes. We recognise that such a move would be seen as an attempt to block or delay projects. However, we do say this: Scottish communities must not be shut out of decisions that shape their local environments. It is important to emphasise that through these amendments we support infrastructure; we also support transparency and local voices. These proposals strike a sensible balance between delivering national priorities and respecting local identities; the amendments are modest, constructive and rooted in principle and seek not to disrupt or delay the Bill but to improve it. In doing so, they ensure that Scotland’s unique planning context is respected and its communities are properly heard.

I turn briefly to the amendments of my noble friend Lord Goodman of Wycombe. These are important amendments that give effect to the recommendations of the Delegated Powers and Regulatory Reform Committee, of which my noble friend is a member. I look forward to hearing from him, but for now I shall say that the Opposition feel that these are sensible amendments that Ministers should consider carefully. I beg to move.

My Lords, I rise, as my noble friend on the front bench said a moment ago, to speak to my Amendments 85A, 88B and 88C, which seek to effect the recommendations of the Delegated Powers and Regulatory Reform Committee, of which I am a member, on this Bill. I shall speak to them briefly.

The amendments fall into two parts. The first part refers to benefits that shall arise for people who live in homes near electricity transmission projects—a very good principle and one which I am sure that we all agree. The question then follows: who should be eligible for this scheme and who should be eligible to receive these benefits? The Government say that that should be decided by regulation—and, again, that seems perfectly reasonable.

The question is about the level of parliamentary procedure that the regulations in question should receive. The Government propose that only three aspects of these wide-ranging new sections, Sections 38A to 38D of the Electricity Act 1989, which this Bill amends, require the affirmative procedure, and that all other aspects of the scheme will be made by negative procedure resolutions, on the grounds that those regulations are merely of an “administrative or technical nature”. However, the committee’s view, many aspects of the regulation-making powers proposed by the Government are

“important matters of substance rather than mere ‘administrative or technical’ matters”.

I shall cite just three of them as quoted in our report. There is:

“making provision determining whether premises or works are qualifying … conferring and delegating functions in connection with the scheme” and

“providing for payments by electricity suppliers to meet costs incurred in the carrying out of functions in connection with the scheme”.

The argument of the committee is that those matters are not merely administrative or technical but rather more substantial, and it concluded:

“The affirmative procedure should apply to all regulations made pursuant to the provisions inserted by Clause 26 of the Bill, not just those matters mentioned in new section 38A(6) of the Electricity Act 1989”.

That is the first matter. The second matter is the use of forestry estate for renewable electricity, which is again a perfectly sensible aim and one with which I am sure noble Lords will agree. Clause 28 inserts new Section 3A into the Forestry Act 1967 to give forestry commissioners powers to use land in England for this purpose, and it gives the same powers to the Natural Resources Body for Wales. The Government say, in effect, that the two bodies should not worry because they will not interfere if those bodies wish to engage in small-scale projects of this kind—they will do so only if they believe that the projects that those bodies wish to undertake are significant. That is fine, but the committee noted that

“this requirement of significance does not appear on the face of the Bill”.

It went on to say:

“We do not judge delegated powers on how the Government say that they will use them but on how any Government might use them … Clause 28 should state explicitly that Ministerial consent to Forestry Commissioners’ and the National Resources Body for Wales’ renewable electricity projects should only apply to significant projects”.

In conclusion, my understanding is that the Attorney-General is of the view that delegated powers have been used by previous Governments, especially the last one, in a somewhat slipshod manner, and that this new Government will do better. If the Minister on the Front Bench is to follow in the footsteps that the Attorney-General has laid out, I look forward to him being able to give a positive response to what I have said and to the committee’s report, and I look forward to hearing from him in due course.

My Lords, I turn to Amendments 80, 81, 82, 85A, 88B and 88C, which relate to Clause 18 and consents for electricity infrastructure in Scotland and delegated powers in the Bill. I thank the noble Lord, Lord Roborough, for tabling the amendments on consenting in Scotland and the noble Lords, Lord Offord and Lord Blencathra, for supporting him. I also thank the noble Lord, Lord Goodman, for the amendments relating to the Bill’s delegated powers.

I turn to Amendment 80, which seeks to prescribe that any fees paid to Scottish Ministers for processing electricity infrastructure applications and for any pre-application services provided may be used only for consumer benefits or local planning authorities. Clause 18 creates a power to make regulations relating to fees to be paid to Scottish Ministers on the application for consent or anything done by them in relation to a proposed application under Sections 36 or 37 of the Electricity Act 1989.

Scottish Ministers already have the power to make regulations for determining the fees to be paid on applications, with the Bill creating a power to make regulations for fees for pre-application services. This aims to allow the Scottish Government to resource their own efficient processing of electricity infrastructure applications and pre-application services. The UK Government recognise the importance that local planning authorities have in the consenting process, and that they therefore need to be appropriately resourced.

While I welcome the spirit of the amendment, the resourcing of local planning authorities in Scotland is a devolved competence. Scottish Ministers will consider the resourcing of statutory consultees and local planning authorities to ensure that they are adequately resourced and have the skilled workforce to carry out any additional responsibilities created by these reforms. It would therefore not be appropriate for the UK Government to be prescribing in statute how Scottish Ministers direct their resources.

The amendment would also provide for the directing of fees to community benefits packages. Over the past 12 months, renewable energy developers in Scotland have offered more than £30 million in community benefits. The UK Government are committed to the provision of community benefits for energy infrastructure. On 21 May 2025, the UK Government issued a working paper for public comment on proposals to mandate community benefits for low-carbon infrastructure and next steps for shared ownership. The deadline for comment has now passed and responses are being analysed which will inform next steps.

In Scotland, the provision of community benefits is already a well-established element of renewable energy developments. The Scottish Government have had good-practice principles for community benefits from renewable energy in place since 2014, and these are currently under review following the response to a public consultation that closed in April 2025. Similarly to the position on local planning authorities, it would not be appropriate for the UK Government to prescribe in statute that Scottish Ministers should direct fees received for processing consenting applications to community benefits packages.

Amendment 81 would require Scottish Ministers to hold a public hearing whenever an objection from the relevant local planning authority is received regarding an application for consent. Additionally, Scottish Ministers would not be able to make a decision on an application until at least one month after a public hearing session has taken place. The Scottish consenting reforms are intended to make the electricity consenting process in Scotland more efficient, while retaining opportunities for local communities and planning authorities to participate meaningfully in the process. A key aspect of the reform package developed with the Scottish Government is to move away from the current prescriptive methods of handling objections by local planning authorities to consent applications, which has resulted in a slower system, with decisions that can be delayed for years.

To deliver efficiencies, the proposed provisions allow for various procedures to be used in such circumstances, at the discretion of a reporter appointed by the Scottish Government. These may include holding one or more hearing sessions, or a public inquiry. Reporters are experienced specialists. In addition to considering written representations on the application, they may conduct site visits, request further written submissions from specific parties, and/or conduct hearings or inquiries. The amendment would introduce an additional requirement to the consenting process, mandating a public hearing regardless of other procedures a reporter may determine necessary, which could already include a hearing session or written representations. These reforms will bring in a more efficient consenting process that brings certainty to both applicants and communities. To achieve this, it is vital that the Scottish Government are able to examine objections by local planning authorities through the most appropriate and proportionate method.

Amendment 82 would remove Clause 18(4), which changes the way in which local authority objections to applications for consent for electricity infrastructure are managed. At present, public inquiries are required to be held in Scotland when the relevant local planning authority objects to an application under Sections 36 or 37 of the Electricity Act 1989, no matter the nature of the objection. Public inquiries tie up many electricity infrastructure consenting applications in Scotland for months and even years. This adds both time and uncertainty to the consenting process, leaving communities and applicants in limbo. It is a major barrier to the timely deployment of low-carbon electricity infrastructure when we need it most. While public inquiries have a key role to play in ensuring that there is a transparent and thorough assessment of significant objections to electricity infrastructure projects, it is not proportionate or sensible that all such objections should be referred to this process.

As noble Lords will be aware, a primary aim of the Scottish consenting reforms is to streamline the process wherever possible, while retaining the right for local communities to have meaningful opportunities to comment on and influence applications. Clause 18(4) retains the right for relevant planning authorities to object to applications for consent, while bringing in a targeted, effective process fit for a modern consenting system. This is essential to end delays in electricity consenting and put in place the infrastructure we need. The policy intent of this clause is to move away from the current prescriptive methods for handling objections by local planning authorities to consent applications, which has resulted in a slow system, with decisions that can be delayed for years.

The provisions allow for various procedures to be used in such circumstances, at the discretion of a reporter appointed by the Scottish Government. These may include holding one or more hearing sessions, or indeed a public inquiry. It is important to stress that the public inquiry route is not being removed as a result of these measures. The measures will, though, introduce a fair, efficient and proportionate system for handling objections. However, this amendment would retain the status quo, whereby any local authority objection to an application for consent would be referred to a public inquiry. The impact of this would be contrary to the aims and objectives of the Bill, so I cannot support it. For the reasons I have outlined, I therefore kindly ask the noble Lord not to press his amendments.

I now turn to Amendment 85A, 88B and 88C, tabled by the noble Lord, Lord Goodman. Amendment 85A seeks to implement the recommendations of the Delegated Powers and Regulatory Reform Committee’s report that all regulations made pursuant to the provisions inserted by Clause 26 be subject to the affirmative procedure. Amendments 88B and 88C would make it explicit in the Bill that the forestry authorities are required to obtain ministerial consent only for significant projects and would provide a definition of “significant”. The Government thank the members of the Delegated Powers and Regulatory Reform Committee for their scrutiny of these provisions and for the vital role they play. We also understand and recognise the importance of parliamentary scrutiny. We are currently considering the committee’s recommendations and will provide a government response in due course.

I hope the noble Lord understands that, in the absence of the government response, it is not yet the appropriate time to give effect to the delegated powers committee’s recommendations, and I kindly ask him not to press this amendment.

My Lords, I am most grateful to the Minister for his response to my amendments and to those of my noble friend Lord Goodman. I am afraid that the track record in Scotland does not inspire confidence in the planning process and the application of those fees, but obviously I will withdraw my Amendment today. I will just underline, though, that Amendment 80 is about fairness and accountability: the public must be able to trust that money taken for a specific purpose guarantees that that purpose is delivered. That is what we are trying to achieve with this amendment.

Amendments 81 and 82 are about clarity, co-ordination and respecting local voices. By clarifying jurisdictional processes and ensuring better co-ordination between UK and Scottish systems, we can reduce confusion, avoid unnecessary delay and make sure that communities are not cut out of the conversation.

We share the Government’s aim of speeding up the planning process and the delivery of projects and getting the balance right. These are constructive amendments. I hope the Minister will agree that proper resourcing, clear governance and meaningful local engagement are not obstacles to infrastructure but are essential to getting it right. As I mentioned earlier, we are fully supportive of my noble friend Lord Goodman’s amendments and we would very much like to see the Government make progress with implementing them. But, in the meantime, I beg leave to withdraw Amendment 80.

Amendment 80 withdrawn.

Amendments 81 and 82 not moved.

Clause 18 agreed.

Clauses 19 to 23 agreed.

Schedule 1 agreed.

Clause 24 agreed.

Clause 25: Long duration electricity storage