Clause 9 - Determination or withdrawal of appeals

High Hedges (No. 2) Bill – in a Public Bill Committee am 3:00 pm ar 7 Mai 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Question proposed, That the clause stand part of the Bill.

Photo of Steve Pound Steve Pound Llafur, Ealing North

On the one hand, I am grateful for the dispatch with which we are proceeding, on the other I am getting a tad breathless. Clause 9 describes the powers of the appeal authorities—that is, the Secretary of State or the National Assembly for Wales—in determining appeals. Under the clause they may allow or dismiss appeals either in total or in part and they may quash or vary remedial notices; this is remarkably permissive legislation. They may also issue such notices in cases in which the local authority has decided not to do so.

Photo of Tony McNulty Tony McNulty Parliamentary Under-Secretary, Office of the Deputy Prime Minister

Briefly, not least to allow my hon. Friend to draw breath, I shall make two points on clauses 8 and 9 which may be of concern to hon. Members. First, the Government consider that the initial local authority decision, together with the appeal process and the further possibility of applying to courts by way of judicial review, comply with article 6 of the European convention on human rights. I know that that was troubling hon. Members. Secondly, the planning inspectorate is likely to be the body to which appeals will go in England. That is still under discussion, but it is the way in which we are minded to proceed should the Bill complete its passage through both Houses.

Question put and agreed to.

Clause 9 ordered to stand part of the Bill.

Photo of Peter Atkinson Peter Atkinson Ceidwadwyr, Hexham

Order. I do not want to spoil the hon. Gentleman's moment in the parliamentary limelight. However, if, for the convenience of the Committee, he would like me to take together some of the clauses that he does not wish to speak on, I can do that.