Michael Shanks MP: speeches 2025

Speeches

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  I beg to move amendment 36, in clause 9, page 14, line 6, after “distribution system” insert “(and such an improvement may include changing the order in which connections are made)”. This amendment clarifies that the purpose for which the power under clause 9(1) may be exercised may include the making of changes to the order of the queue for connections to a transmission or distribution system.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  I have not had the conversation. I am happy to have it, but the tone will not be, “Here are my expectations of you as a democratically elected Member of the Scottish Parliament accountable to a Parliament I do not sit in.” I do not know how familiar the shadow Minister is with the devolution legislation in the United Kingdom, but I gently say that this Parliament gives the devolved Administrations power to raise a whole series of taxes, charges, levies, fines and various other things. We give that power to those devolved assemblies; we do not then tell them exactly how to spend every single penny of that money. This is another example of that. It is a perfectly common thing in the devolution settlement.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  Thank you, Mr Twigg. That is helpful.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  No, we have not. A series of work will be necessary to come up with that figure, because the fees will be charged on a cost recovery basis. It is not a money-making exercise for the Government. That is in line with approaches in the rest of Great Britain. There will clearly be a significant number of such applications in the coming years—more than in previous years, probably—but the detail will be worked out with the Scottish Government. We do not know in advance exactly how many wayleave applications there might be, so we cannot give an exact figure.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  Will the hon. Gentleman give way?

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  Gordon and Buchan.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  Both.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  I agree.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  The shadow Minister is introducing the best example I have heard in a long time of the West Lothian question. The fundamental thing is that this is not a political question about the Scottish Government or the UK Government. There are reserved matters for which this Parliament is responsible for holding UK Government Ministers to account, and there are devolved matters that Scottish Ministers have responsibility for delivering and the Scottish Parliament is responsible for holding them to account for. It would ride roughshod over this Parliament’s fairly consistent support of devolution in the UK for us to now suddenly say that those Scottish Ministers are also accountable to another Parliament. I think that we agree on the nature of devolution in this country, although we may strongly disagree on the actions that devolved Governments take, but we cannot support the new clauses, for the reasons I have outlined. This is not about thinking outside the box; it is about recognising the role that the devolved system plays in our constitution. For those reasons, I will resist the new clauses.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  Perhaps I misunderstood the hon. Gentleman’s point, but I think that amendment 80 was about forcing Scottish Government Ministers to spend funds on community benefits and other things. This clause is saying that the Government will have the power to raise application fees if they choose to do so. Of course, they could choose not to, but under this clause they will have the power to raise them.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  It’s the same thing.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  In general, I agree and disagree with the hon. Gentleman’s point. I understand the point he is making about consistency, but I take the view that the whole purpose of having different devolved Administrations in England, Wales and Scotland is to make different decisions. Northern Ireland is separate in the energy discussion, because it has a separate grid. I am not sure that I would say that consistency at all costs is the right approach. We created the Scottish Parliament and the Welsh Assembly so that they could make decisions locally that affected them in a different way. We have worked with the Scottish Government on these changes to make sure that there is a package of reforms to the consent arrangements under the Energy Act that relates to the planning system in Scotland as it currently is. It is not the same starting point as the system in England and Wales, so it is important to look at them separately. Nevertheless, I understand the hon. Gentleman’s point. I return to clause 17. Fees are already charged in England and Wales for processing wayleave applications. I reiterate—this comes back to the point made by the hon. Member for Broxbourne—that the Scottish Government do not have the power in legislation to raise those fees. That power is reserved. The clause will give them that power.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  There is always a quote, as they say, and my hon. Friend is always there with the quotes at his fingertips, which is helpful. The truth is that the only way we are going to bring down bills and deliver energy security is the sprint to clean power. This is a crucial element of that, and of how we unlock investment—predominantly private investment—over the next few years as we build that clean power system. Even if we were not doing that, the grid is essential. It is an essential part of how we deliver electricity to homes, businesses and industry and it is critical that we upgrade it anyway.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  I will begin with a brief explanation as to why clause 14 should stand part of the Bill. I return to the point that my hon. Friend the Member for Glasgow East made a moment ago, and one that I have made before, which is that these reforms were in the pipeline under the previous Government. They are reforms to a long-standing piece of legislation that is long due for updating. I thank officials in my Department and in the Scottish Government for working closely and at speed, with a similar set of objectives and an open-book approach to making this work, to draft the measures in a way that works for all of us. It is a reset of the tone of how we work as two Governments. On enabling the introduction of pre-application requirements, as the hon. Member for Hamble Valley referenced, in the Scottish legislation there are currently no steps to give the public an opportunity to engage as there are in the NSIP regime in England and Wales. This is about improving the quality and readiness of applications at the submission stage. It is important to say that this was driven by the views of Scottish Ministers, who said that they thought it was a useful process, but it will be directed in detail in regulations so that it can be updated and adapted to situations, unlike the process that we have in England and Wales at the moment, which has been held back and has added time and complexity to projects and not delivered what it was intended to do. It will give Scottish Ministers the powers to charge fees for pre-application services, enabling them to better support applicants in developing good-quality applications. Secondly, the clause establishes a power to set time limits through regulations for key stages of the consenting process, which will support the timely determination of applications and bring down overall processing times. Thirdly, it will establish a proportionate process for responding to objections by relevant planning authorities through a reporter-led examination process. The reporter will choose the most appropriate procedure for gathering any further information they need to provide recommendations in a final report to Scottish Ministers. That may include inquiry sessions, where the reporter considers that that is the best approach to take to address particular issues. Such an approach is similar to the well-established process in which appeals in the town and country planning decisions are currently addressed. Clause 15 enables regulations to be made that prescribe new processes to vary electricity infrastructure consents in Scotland after they have been granted. The clause addresses the current anomaly that there is no prescribed procedure for holders of overhead line consents to apply to Scottish Ministers for a variation to their consents. The current position forces consent holders to make full consent applications in order to authorise often very modest variations. The clause also allows Scottish Ministers to vary an existing generating station or overhead lines consent due to changes in environmental circumstances or technological changes. Such variations will be made with the agreement of the consent holder. Finally, the clause allows Scottish Ministers to correct any errors or omissions made in consents for generating stations or overhead lines. I will come back to the new clauses later, but I want first to underline the importance of the consenting process. In Scotland, we generate a significant amount of electricity, and there are further projects in the pipeline, including both floating offshore wind and onshore wind. It is critical that there is an off-taker for that power in the rest of the UK, and that requires us to build significantly more network infrastructure to bring that clean power to where it is required. Although these changes to consenting relate to Scotland, they are of critical importance for the energy security of the whole United Kingdom.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  I do not disagree with a single thing that the hon. Gentleman has just said, but it is not for me to dictate to the Scottish Government. They are democratically elected, and as much as I may disagree with much of what they do, they are none the less the Government of Scotland, and if they want to ringfence funding for a particular part of the process, they should be able to do so. In particular, diverting any funding away from the more speedy processing of planning applications would not be in the interests of the projects we want taken forwards. It is not that I disagree with him, but this is a devolved competence.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  I beg to move amendment 41, in clause 12, page 16, line 8, leave out subsection (1). The effect of this amendment is that a relevant authority may give a direction under clause 12 without first having exercised its powers under clause 9(1) to modify an electricity licence or an electricity industry code.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  I am sorry to come back to this point, but the Government do not bind the hands of devolved Governments in any spending area. When this Parliament— [ Interruption. ] No, I did not say that. I said that the Bill gives them the power to do that, which they do not currently have.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  Just!

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  Government amendment 41 will allow the Secretary of State or Ofgem to direct the NESO or a distribution network operator to amend an agreement under the clause without the need to have previously modified licences, codes and associated documents under clause 9. Without the amendment, the Secretary of State would not be able to use the power to direct the National Energy System Operator or a DNO had not the modification powers in clause 9 —to make changes to licences, codes and associated documents—also been exercised. The amendment will mean that the directive power in clause 12 is no longer contingent on the use of the powers in clause 9. An example of where the amendment would be needed is if an Ofgem and NESO-led process to amend licences and codes under the framework is successful, meaning that the powers in clause 9 do not need to be used, but the NESO or DNO has not accordingly amended its agreements with customers connecting to the electricity network. The directive powers could be used to ensure that the implementation of connections reform is successful.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  Clause 13 will require NESO and the DNOs to have regard to strategic plans designated by the Secretary of State when they carry out functions related to connections. The Secretary of State will designate one or more strategic plans, with the current intention that this will include the clean power 2030 action plan in the first instance and the strategic spatial energy plan going forward. There is precedent in imposing a duty on a body to have regard to a strategic document—for example, the designated strategy and policy statement under section 165 of the Energy Act 2023, which outlines the Government’s strategic priorities, policy outcomes, and the roles and responsibilities of those involved in implementing energy policy. Let me turn to the detail of the objects set out in the clause. It amends part 5 of the Energy Act 2023 to include a duty for NESO to have regard to designated strategic plans. It also amends the Electricity Act 1989 to place a duty on DNOs to have regard to any designated strategic plan, and adds a further exception to the duty on DNOs to connect in cases where it would not be in accordance with the designated strategic plans. The clause will support the implementation of ongoing connections reforms led by NESO and Ofgem, and will provide guidance and support for NESO and DNOs in making decisions on issuing new connection offers. I commend the clause to the Committee.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  We are straying far from new clause 19, which I am keen to return to, but the hon. Gentleman is simply wrong on that point. Gas traded on the international market is exactly why all our constituents pay more on their energy bills. The answer is to get off gas as the marginal price setter, not to have even more of it. The hon. Member for Taunton and Wellington made a helpful speech, although I will resist his new clause. We are in agreement about the issue of connection delays and the first come, first served process not working, and it is important that we reform that. We are of the view that our proposals do that, and the National Energy System Operator has worked with Ofgem and is of the view they are sufficient to do that. The question of local power and local grids is an interesting approach that we are looking at. We take seriously the role of community-owned power—it is in the Great British Energy Bill, recognising our commitment to it—but we do not see it in itself as a barrier to what we are trying to do here. The infrastructure, including for local networks, that incorporates generation and demand is already permitted under the existing system. It can be constructed and operated by distribution network operators, by independent network operators or by a private wire under a statutory licence exemption provision. We agree about the importance of community energy and are looking at a range of things, in particular at how communities might to sell power locally. They are all important points, and all this is how we will unlock the social and economic benefits of the clean power transition. For the reasons I have outlined, and because we think it is already entirely possible, we will resist new clause 19.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  That is reserved.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  I betray my lack of English geography. I am sorry, but I assume that the hon. Members for Taunton and Wellington and for Didcot and Wantage are both in complete agreement with new clause 19. In any event, I thank them, but disagree with them both, instead of just one of them. I commend Government amendments 36 to 40 and clauses 9 to 11 to the Committee. Amendment 36 agreed to . Amendments made: 37, in clause 9, page 14, line 8, at end insert— “(3A) The Secretary of State may exercise the power under subsection (3) only for the purpose mentioned in subsection (2).” The amendment makes it clear that the power of the Secretary of State to direct the GEMA to modify a licence or agreement may only be exercised for the purpose of improving the purpose of managing connections to the transmission or distribution system. Amendment 38, in clause 9, page 14, line 15, at end insert— “(5A) A relevant authority may under subsection (1) modify an agreement mentioned in subsection (1)(e) or a qualifying distribution agreement even if the effect of the modification might amount to a repudiation of the agreement.” This amendment ensures consistency with clause 12(8) in clarifying that modifications made to a particular connection or distribution agreement under clause 9(1) may be made even if the effect of the modification might amount to the repudiation of that agreement. Amendment 39, in clause 9, page 14, line 16, leave out subsection (6). This amendment, together with amendment 40 moves the definition of “qualifying distribution agreement” into subsection (7); this change is consequential on amendment 38. Amendment 40, in clause 9, page 14, line 27, at end insert— “‘qualifying distribution agreement’ means— (a) the terms subject to which a connection is made by an electricity distributor in pursuance of section 16(1) of the Electricity Act 1989, or (b) a special connection agreement as defined by section 22(1) of that Act;”.— (Michael Shanks.) See the explanatory statement for amendment 39. Clause 9, as amended, ordered to stand part of the Bill . Clauses 10 and 11 ordered to stand part of the Bill . Clause 12 Directions to modify connection agreements

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  I am trying to find the exact wording. I will come back to the hon. Gentleman. I think I have outlined to him three times now why it is different. I do not have amendment 80 in front of me at this precise moment, but it had two parts to it, one of which was about community benefits. It was directing the Scottish Government to take funds and direct them to a specific purpose. This Parliament does not do that in any other aspects of devolved policy, because it is devolved to the Scottish Parliament to make those decisions. I think that I have made that point clear, but if not, I will write to the Committee and make it even clearer. [ Interruption. ] I am grateful. I now have amendment 80 in front of me. It mentions “consumer benefits packages, or…local planning authorities”. Neither of those things is in the gift of the UK Government to direct the Scottish Government to do. Consumer benefits packages are ill-defined, if nothing else, but local planning authorities are democratically elected in their own right, and the Scottish Government make budget decisions to local government, separate from any budget decisions that the UK Government make to the Scottish Government. The two are not comparable in any way. In any event, the Committee has already voted down that amendment.

• 29 Apr 2025 · Planning and Infrastructure Bill (Fourth sitting) · Hansard source

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  Clause 17 will confer a power on Scottish Ministers to make regulations to set and charge fees to electricity network operators for processing necessary wayleave applications that they should make in Scotland. Necessary wayleaves are statutory rights that allow electricity licence holders to install and access their overhead electricity lines and associated infrastructure on land owned by others, and in Scotland they are processed and granted by Scottish Ministers. The objective of the change is to better resource the processing of necessary wayleave applications by the Scottish Government. It is important to act now.