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907 National Policy Statements 1 DECEMBER 2010 National Policy Statements 908 Angie Bray (Ealing Central and Acton) (Con): Given that the previous Government had a complete lack of policy on energy, threatening constituents such as mine with the possibility of their lights being switched off for long periods in the next 10 years or so, I find it a bit rich that the hon. Gentleman is lecturing us somewhat, although I appreciate the consensus on some issues. Does he at least agree that the national policy statements brought forward by this coalition Government are a great step forward in attracting the kind of investment that we need to ensure that the lights are left on? Huw Irranca-Davies: Well, we can debate who can claim credit for the NPSs. Of course, they were instigated and developed under the last Labour Government, but I give credit where it is due; I will come to that in a moment in looking at some of the detail. We agree that there has been some improvement in the intervening six months—it will be nine months by the time they are eventually signed off—but they were in darn good shape before, and they were ready to go. The hon. Lady pushed me on trying to claim the credit entirely, but these are the Labour Government’s documents. They have been refined and improved, but they were already in place. Charlie Elphicke: Will the hon. Gentleman give way? Huw Irranca-Davies: Let me make a tiny bit of progress. This short debate is informed by the ongoing consultation—or perhaps I should say, for the benefit of the hon. Member for Ealing Central and Acton (Angie Bray), reconsultation—on the national policy statements. The coalition Government have taken this opportunity to pause, to reflect, and to revise them. In a way, that is a good thing, because it has allowed more time for deliberation, but—let us be frank—it will also have cost a vital eight or nine months by the time that the final NPSs are produced in January. That is a luxury that has inevitably led to a delay in our national efforts to secure a long-term energy security future. Nicky Morgan (Loughborough) (Con): Is it not the case, though, that the report by the Energy and Climate Change Committee criticised the previous Government for leaving it quite so long to get to the stage where the NPSs were being considered? It published its report in March 2010, when the Government had had from 2005 onwards to put them in place. Huw Irranca-Davies: Indeed. The hon. Lady will have noticed that between March 2010 and now an election got in the way. The national policy statements were in place, and this Government, had they so chosen, could have picked them up and run with them, or alternatively, as happened when we came into office in 1997 and had our policies ready to go having worked them up with the civil service, they could have got on with it straight away. We will be nine months delayed by the time we have these documents before the House for full consideration. Dr Thérèse Coffey rose— Huw Irranca-Davies: I will make a little progress. Although I welcome this debate, we now have only one hour and 20 minutes to debate issues that, as I am sure the Minister will agree, are critical to our national strategic energy needs and to the balance between those needs and democratic accountability at national and local levels. Unlike the over-long process of reconsultation, this short debate demonstrates all speed, but limited accountability. It will therefore be impossible to do justice to the six core energy documents and the accompanying materials. This must be seen instead as a useful staging post to a much longer debate in this place in Government time. I will begin with some points on the reform of planning in relation to NPSs, in response to the Minister’s opening remarks. Martin Horwood: Before we leave the question of Labour’s legacy, can the hon. Gentleman put a figure on the unfunded liabilities for cleaning up the last generation of nuclear power? Some estimates put it as high as £160 billion. Does that sound accurate to him? Huw Irranca-Davies: That question should probably be put to the Minister. I recognise the hon. Gentleman’s long-held position on nuclear power. I pay credit to the Minister and the Government for pulling the coalition into a semblance of agreement on nuclear—albeit with the odd person against it—which means that we can move forward. Labour’s Planning Act 2008, which underpins this matter, made the planning system for major infrastructure quicker, more efficient and much more predictable. It laid the conditions for essential new investment in the UK’s infrastructure, including large-scale, low-carbon energy projects. The coalition Government have a responsibility to ensure that their plans, which include scrapping the Infrastructure Planning Commission, do not add delays or remove the clarity and certainty that industry needs to invest in new renewable and nuclear capacity, and low-carbon energy. I give credit to the coalition Government and the Minister, because they have wisely decided, despite the unnecessary delay, to continue with the Labour Government’s national policy statements, with the revisions, rather than wait for wholesale reform of the planning system. That is a welcome recognition of the excellent work of the Labour Ministers who formerly occupied the Minister’s office and of my right hon. Friend the Member for Doncaster North. Christopher Pincher: The hon. Gentleman waxes eloquent about the right hon. Member for Doncaster North (Edward Miliband). Can he therefore explain why the Public Accounts Committee, when it reviewed the Department of Energy and Climate Change, said that it lacked a definite sense of energy and purpose under the now Leader of the Opposition? Huw Irranca-Davies: The ball is now firmly in the court of the Minister. There is an issue with the urgency and delivery of some the Government’s ambitions that we share. They must get on with it. Rather than take further interventions, I will get into the nitty-gritty. Some of my questions for the Minister arise from his appearance yesterday before the Energy and Climate Change Committee, which, as usual, did a very good job.

909 National Policy Statements 1 DECEMBER 2010 National Policy Statements 910 When we return to this matter with the finished articles in front of us—the final, beautifully honed, polished NPSs—will we be afforded adequate time? Will each national policy statement have adequate, separate parliamentary time in line with the coalition Government’s stated aim of enhancing parliamentary scrutiny of NPSs in their planning reforms, or will they be mixed together like a bag of all-sorts? If the coalition Government are true to their aims, the Minister should help us through the usual channels to push for days, not hours, to debate the NPSs. Much as we dearly love the Secretary of State for Communities and Local Government—we may ask who would not do so, when he is described on the front page of his website as “an absolute star” and a “saintly figure”, among other less self-effacing and more humorous things—when it comes to debating energy NPSs, we want the Minister of State, Department of Energy and Climate Change, the hon. Member for Wealden (Charles Hendry), or the Secretary of State for Energy and Climate Change. We want them—no one else will do. Can the Minister guarantee that he and his DECC colleagues will not be squeezed out of their seats by the right hon. and saintly Member for Brentwood and Ongar? In the coalition’s drive for parliamentary scrutiny, I am sure that the Minister will be able to confirm today that there will be a separate vote on each NPS, having been unable to confirm it yesterday to the Energy and Climate Change Committee. To mix the nuclear issue with those of fossil fuels, renewables, pipelines and the electricity network infrastructure would tax the wit of Wilde and the wisdom of Solomon. For us mere mortals, will he make representations through the usual channels to ensure that the votes are separate? Will the Minister explain to the House why he has set against the calls to make an NPS amendable? We understand that there will be a take-it-or-leave-it vote. It would be interesting to hear the justification for taking scrutiny so far but no further. He might have a very strong rationale for that position, such as wanting to avoid the unpicking of an NPS that has been through exhaustive consultation, but we need to hear it. There is a more fundamental point to be made about the parliamentary scrutiny of the NPSs, which goes to the very heart of the planning reforms that the Government are developing. The argument advanced by the coalition is that democratic accountability is best assured by laying the NPSs in front of the House and making a Minister, hopefully this Minister, answerable for them. In fact, he said back in June: “A fast and efficient planning system is critical for facilitating investment in much needed new energy infrastructure. By abolishing the Infrastructure Planning Commission we will ensure that vital energy planning decisions are democratically accountable.” His colleague the Minister of State, Department for Communities and Local Government, the right hon. Member for Tunbridge Wells (Greg Clark), went further, saying: “Today the coalition is remedying those deficiencies by putting in place a new fast track process where the people’s elected representatives have responsibility for the final decisions about Britain’s future instead of unelected commissioners.” Yet we understand that for the Minister, the consideration of the NPSs is a quasi-judicial decision. He has described it as such. Ministers, formerly myself included, are used to making quasi-judicial decisions and are made aware of the very strict limitations that bind them. His decision is strictly limited, involves the application of policy to a particular set of facts and requires the exercise of discretion and the application of the principles of natural justice. It is not a prescription for localism, political interference or ministerial hokey-cokey. It is about policy and facts. May we safely assume that the NPSs, once presented to the House by the Minister in January, will be a fait accompli? May we assume that he will have satisfied himself, in a quasi-judicial role, that the NPSs presented are fit for purpose? He will listen to fellow MPs, but his mind will be made up. On that basis, will he tell us, first, what is the point of putting the NPSs to the House if they represent his full and final view? Secondly, if he has a mind to amend them, what specific examples can he give that would cause him to change his quasi-judicial view and alter the documents, and what further time delay would ensue? Charles Hendry: I hesitate to intervene on the hon. Gentleman after my own comments went on for quite a while, but I wonder whether I can provide clarity on that issue now. The quasi-judicial aspect relates to a ministerial decision on a planning application, not to the approach taken to the national policy statements themselves. We are in the course of a three-month consultation, which will finish on 24 January. There will quite possibly be amendments to the NPSs after that, which will be in the final version put before the House for debate, assessment and a vote. We do not have a quasi-judicial capacity in that respect. My comments about acting in a quasi-judicial capacity related to ministerial decision making on individual planning applications under the rules set out in the NPSs. Huw Irranca-Davies: I thank the Minister for that intervention, but will he clarify two things? Has he just said that NPSs will be amendable on the Floor of the House. He will sign off and present NPSs to the House, but will he sign them in a quasi-judicial role, or will he perform such a role only in respect of individual planning applications? Charles Hendry: There is confusion between the approval process for NPSs and the role that Ministers will take in respect of individual planning decisions when the IPC has been abolished. On individual planning decisions, Ministers will act in a quasi-judicial capacity, but on NPSs, a revised consultation period to take account of the initial representations—we felt that improvements needed to be made—will end in January. If further revisions are necessary, a document will be put to the House for its final consideration and approval. Huw Irranca-Davies: Is the Minister suggesting that the final document will be amendable and subject to a decision by the House, as I think I heard him say from a sedentary position? It would be helpful if he could clarify that, because we are talking about significant decisions over the future energy needs of this country. It is important that the House knows whether it is voting on a batch of NPSs or on each one individually and for how long they will be debated. It is also important that the House knows whether it has the ability to amend NPSs. If so, would that cause delays? My assumption is that if the House changes any individual NPS, it will need further consideration and possibly consultation.

907 National Policy Statements 1 DECEMBER 2010 National Policy Statements 908<br />

Angie Bray (Ealing Central and Acton) (Con): Given<br />

that the previous Government had a complete lack of<br />

policy on energy, threatening constituents such as mine<br />

with the possibility of their lights being switched off for<br />

long periods in the next 10 years or so, I find it a bit rich<br />

that the hon. Gentleman is lecturing us somewhat,<br />

although I appreciate the consensus on some issues.<br />

Does he at least agree that the national policy statements<br />

brought forward by this coalition Government are a<br />

great step forward in attracting the kind of investment<br />

that we need to ensure that the lights are left on?<br />

Huw Irranca-Davies: Well, we can debate who can<br />

claim credit for the NPSs. Of course, they were instigated<br />

and developed under the last Labour Government, but<br />

I give credit w<strong>here</strong> it is due; I will come to that in a<br />

moment in looking at some of the detail. We agree that<br />

t<strong>here</strong> has been some improvement in the intervening six<br />

months—it will be nine months by the time they are<br />

eventually signed off—but they were in darn good<br />

shape before, and they were ready to go. The hon. Lady<br />

pushed me on trying to claim the credit entirely, but<br />

these are the Labour Government’s documents. They<br />

have been refined and improved, but they were already<br />

in place.<br />

Charlie Elphicke: Will the hon. Gentleman give way?<br />

Huw Irranca-Davies: Let me make a tiny bit of progress.<br />

This short debate is informed by the ongoing<br />

consultation—or perhaps I should say, for the benefit of<br />

the hon. Member for Ealing Central and Acton (Angie<br />

Bray), reconsultation—on the national policy statements.<br />

The coalition Government have taken this opportunity<br />

to pause, to reflect, and to revise them. In a way, that is<br />

a good thing, because it has allowed more time for<br />

deliberation, but—let us be frank—it will also have cost<br />

a vital eight or nine months by the time that the final<br />

NPSs are produced in January. That is a luxury that has<br />

inevitably led to a delay in our national efforts to secure<br />

a long-term energy security future.<br />

Nicky Morgan (Loughborough) (Con): Is it not the<br />

case, though, that the report by the Energy and Climate<br />

Change Committee criticised the previous Government<br />

for leaving it quite so long to get to the stage w<strong>here</strong> the<br />

NPSs were being considered? It published its report in<br />

March 2010, when the Government had had from 2005<br />

onwards to put them in place.<br />

Huw Irranca-Davies: Indeed. The hon. Lady will have<br />

noticed that between March 2010 and now an election<br />

got in the way. The national policy statements were in<br />

place, and this Government, had they so chosen, could<br />

have picked them up and run with them, or alternatively,<br />

as happened when we came into office in 1997 and had<br />

our policies ready to go having worked them up with<br />

the civil service, they could have got on with it straight<br />

away. We will be nine months delayed by the time we<br />

have these documents before the House for full<br />

consideration.<br />

Dr Thérèse Coffey rose—<br />

Huw Irranca-Davies: I will make a little progress.<br />

Although I welcome this debate, we now have only<br />

one hour and 20 minutes to debate issues that, as I am<br />

sure the Minister will agree, are critical to our national<br />

strategic energy needs and to the balance between those<br />

needs and democratic accountability at national and<br />

local levels. Unlike the over-long process of reconsultation,<br />

this short debate demonstrates all speed, but limited<br />

accountability. It will t<strong>here</strong>fore be impossible to do<br />

justice to the six core energy documents and the<br />

accompanying materials. This must be seen instead as a<br />

useful staging post to a much longer debate in this place<br />

in Government time.<br />

I will begin with some points on the reform of planning<br />

in relation to NPSs, in response to the Minister’s opening<br />

remarks.<br />

Martin Horwood: Before we leave the question of<br />

Labour’s legacy, can the hon. Gentleman put a figure<br />

on the unfunded liabilities for cleaning up the last<br />

generation of nuclear power? Some estimates put it as<br />

high as £160 billion. Does that sound accurate to him?<br />

Huw Irranca-Davies: That question should probably<br />

be put to the Minister. I recognise the hon. Gentleman’s<br />

long-held position on nuclear power. I pay credit to the<br />

Minister and the Government for pulling the coalition<br />

into a semblance of agreement on nuclear—albeit with<br />

the odd person against it—which means that we can<br />

move forward.<br />

Labour’s Planning Act 2008, which underpins this<br />

matter, made the planning system for major infrastructure<br />

quicker, more efficient and much more predictable. It<br />

laid the conditions for essential new investment in the<br />

UK’s infrastructure, including large-scale, low-carbon<br />

energy projects. The coalition Government have a<br />

responsibility to ensure that their plans, which include<br />

scrapping the Infrastructure Planning Commission, do<br />

not add delays or remove the clarity and certainty that<br />

industry needs to invest in new renewable and nuclear<br />

capacity, and low-carbon energy. I give credit to the<br />

coalition Government and the Minister, because they<br />

have wisely decided, despite the unnecessary delay, to<br />

continue with the Labour Government’s national policy<br />

statements, with the revisions, rather than wait for<br />

wholesale reform of the planning system. That is a<br />

welcome recognition of the excellent work of the Labour<br />

Ministers who formerly occupied the Minister’s office<br />

and of my right hon. Friend the Member for Doncaster<br />

North.<br />

Christopher Pincher: The hon. Gentleman waxes eloquent<br />

about the right hon. Member for Doncaster North<br />

(Edward Miliband). Can he t<strong>here</strong>fore explain why the<br />

Public Accounts Committee, when it reviewed the<br />

Department of Energy and Climate Change, said that it<br />

lacked a definite sense of energy and purpose under the<br />

now Leader of the Opposition?<br />

Huw Irranca-Davies: The ball is now firmly in the<br />

court of the Minister. T<strong>here</strong> is an issue with the urgency<br />

and delivery of some the Government’s ambitions that<br />

we share. They must get on with it.<br />

Rather than take further interventions, I will get into<br />

the nitty-gritty. Some of my questions for the Minister<br />

arise from his appearance yesterday before the Energy<br />

and Climate Change Committee, which, as usual, did a<br />

very good job.

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