Baroness Pinnock (LD)

My Lords, this is one area in the Bill where the Government have listened and made significant concessions in the light of the debate in Committee. In Committee, the amendment in my name and that of the noble Baroness, Lady Bennett of Manor Castle, challenged the Government to think again about the removal of heritage protections currently provided in the Transport and Works Act. I have retabled the amendment debated in Committee to press the Minister to reconsider. In Committee also, the noble Lord, Lord Parkinson, proposed that Clause 41 stand part as the only route to provide important protection for our nation’s heritage. Government Amendment 49 is the answer to those strong arguments: the original Clause 41 is deleted along with the schedule, and a replacement Clause 41 tabled by the Minister. At the core of the new Clause 41 is the notion of deemed consent; the deemed consent route does not ensure that key heritage duties, such as the duty to have special regard to listed buildings and conservation areas, are included. The Secretary of State therefore makes decisions on whether work to a listed building, scheduled monument or in a conservation area can be given permission, with the provisos of having due regard to. That route enables decisions on those issues to be made more quickly, but it fails the public engagement test that we on these Benches believe is important. However, given the changes proposed by the Minister, we are satisfied that there are protections for heritage sites and trust that all Secretaries of State will use their power with a special and high regard for our heritage. I beg to move.