Lord Hendy of Richmond Hill (Lab)

We have to get ourselves into a position where it is possible to get schemes to move forward based on a consideration of the objections and whether they can be dealt with by means other than a public inquiry. It is evident from how the processes work at the moment that delays can be and are being incurred. Of course the definition needs to be fleshed out in due course, but the Bill seeks to streamline the whole process by introducing another bar into it. The Government have chosen the definition “serious enough to merit such treatment” to define what that is. On Amendment 53K, the Government consider that procedural matters such as providing written reasons for a decision on whether to hold a public inquiry are best dealt with in guidance or secondary legislation. By reducing the current unnecessary bureaucracy or disproportionate process, this clause will help support a faster transport consenting process. Amendment 53L would ensure that costs may be imposed on a person only when that person has acted maliciously or unreasonably during a public inquiry process. Clause 37 introduces to the Transport and Works Act a new power enabling an inspector conducting a public inquiry to make decisions on relevant cost claims rather than the Secretary of State, as is currently required. Department for Transport Circular 3/94, which governs how claims for costs during a Transport and Works Act inquiry are handled, makes explicitly clear what constitutes unreasonable behaviour and the circumstances in which it can be applied. Guidance of this type is also used for the Planning Act 2008 regime and appeals under the Town and Country Planning Act 1990. Inspectors conducting inquiries on Transport and Works Act applications will continue to apply the circular when considering costs. The intent of the proposed amendment is achieved through existing means. I thank the noble Lord for the amendments he has tabled but, for the reasons outlined, ask that he does not press them.