15 October 2008
Mike Penning calls for government intervention in planning issues of national significance, such as the rebuilding of Buncefield. He also asks for relief for businesses affected by the blast to be free of the 100% business rates on their empty properties.

Mike Penning (Hemel Hempstead) (Con): It is a convention to be courteous to the previous speaker, but I would be misleading the House if I were to be courteous to the hon. Member for Bassetlaw (John Mann). Many of the issues that he has just waffled on about were debated hours ago. If he had been here for the opening speeches or for any of the debate, he would have heard that and not wasted the House’s time.


I want to talk about an issue that is very important to my constituents—that is why I am so passionate about it—and that is the Buncefield situation. The incident occurred nearly three years ago on 5 December 2005. Dacorum borough council is not the largest—or the smallest—local authority in the country, but it did fantastically well with that incident and subsequent events. However, many of the issues it has to deal with every day are too big and too complicated. Some are also delicate national issues, but that small local authority still has to deal with them every day.


One issue, which is plain common sense to anyone who understands planning, is that the existing safety planning—the control of major accident hazards regulations—for the depot, which was blown to smithereens by three explosions and the subsequent fire, still exists and can be used by the oil companies, should they wish to rebuild the depot. It is ludicrous in the 21st century that the legal safety regime allows the depot, which was obviously dangerous—the inquiry is still going on three years later—to be rebuilt.

My local authority, like all local authorities, cares passionately about the safety of its residents. I am sure that all hon. Members care about that as well. It would love to say, “Let’s suspend the legal planning regulations for that depot at least until the end of the inquiry.” The inquiry is still going on, and many of us would like to see a subsequent public inquiry. However, the local authority is fearful of doing that, because litigation would be brought by the large oil companies almost immediately to attack it in the courts on the basis that it does not have the legal grounds to do so. That is where central Government—I have met the Minister for Local Government, who knows my views, and I am sorry that he is not in his place to hear this again—should come in and help local authorities. I am all for local authorities doing as much as they can and for devolving power to them, but when the issues become too big, too complicated and too dangerous, central Government have to help.


The regional authority has provided a degree of help. Frankly, I do not want help from the regional authority; I want central Government to say what is right and what is wrong for the safety of my constituents. The Government cannot continue to say that the powers have been devolved and that it is down to the borough council to get legal advice and to challenge three of the biggest oil companies in the world on the future safety of my constituents.


I am pleased that the Under-Secretary of State for Communities and Local Government, the hon. Member for Tooting (Mr. Khan), who is responsible for housing, is on the Front Bench, and I welcome him to his new role—we have exchanged banter on many subjects over the years. Believe it or not, there is a proposal to build 12,000 houses around the Buncefield site. Everybody knows that the safety zone around the site—it is known as the consultation zone—must be expanded, yet English Partnerships and the Crown Estate, which own the land around the Buncefield site between the M1 and the boundary of Dacorum borough council, propose to build housing on the site.


As it happens, if there is going to be housing in and around my constituency, I would prefer to protect the green belt, which has been earmarked for development since the new town was built, so I would rather that the housing went on the land around the Buncefield site. In that case, we would need a lot of infrastructure, and there would be a lot of problems because the land crosses borough and district boundaries, but if the Government are going to force 12,000 houses on us, the houses should be put there. However, the housing should not be put there if Buncefield is allowed to be rebuilt.


The greatest concern for my constituents is that Buncefield will be rebuilt without learning from the mistakes of the past. There are pressures on the Government and the oil companies to rebuild Buncefield, because the aviation fuel is needed for Heathrow. The simple question that my constituents put to me is why is Buncefield needed for Heathrow, when Heathrow has operated successfully for the past three years without Buncefield? Other methods have been used, such as bringing in fuel from other depots.


Huge pressure is being exerted on a small borough authority that wants to do the best for its community. I am also under pressure, because I have attended meetings with large oil companies at which they said that the Buncefield site was a piece of national infrastructure that they must be allowed to rebuild. When I meet Ministers, speak to Departments and secure Adjournment debates, the responsibility is always pushed down to the local authority, which does not have the expertise, let alone the funding back-up, to take on the oil companies.


I have discussed Buncefield on many occasions in this House, but I will touch on a related point—only briefly, however, as I want my colleagues to have more time to speak than me. The point is the change in the rules on the business rate for an empty property. The Government have changed the rules so that if a business property is empty, 100 per cent. of the business rate is payable rather than 50 per cent. That may be right or that may be wrong—I do not want to get into the debate about whether that is right nationally—but it cannot be justified in and around the Maylands industrial debate, which is located at the side of Buncefield, where properties were blown to smithereens. Businesses were going to be charged 50 per cent. of the rate, which I still think is an abuse, but they will now be charged 100 per cent. of the business rate, while companies are still trying to decide whether it is safe for their employees to return to those buildings, if they were to decide to rebuild them.


It is morally wrong to penalise an organisation and for jobs to be lost in a constituency simply because there has been an arbitrary change that does not allow a local authority—which, as everybody knows, has no control over business rates—to say, “Hold on a second. We need to protect jobs.”


I ask the Minister to speak to his colleagues to ascertain whether there is any way for businesses in my constituency which have been devastated by the explosion—through no fault of their own whatever—to go back to at least the 50 per cent. rate while we assess the problems caused by the Buncefield incident.


6.20 pm

...

MIKE'S INTERVENTIONS IN THE SAME DEBATE


Mike Penning: The Minister is generous. Does he realise that another matter is causing concern? Bus companies are encouraging my constituents to take out the free concessionary pass, regardless of whether they will use it, and charging the local authority £30 to do that. There is no point in issuing the pass to those who will not use it. If they intend to use it, it is wonderful, but, if not, the bus companies get free money, which costs my constituents and the Treasury.

John Healey: The hon. Gentleman makes a specific point about his local area, and I am happy to ensure that the Secretary of State for Transport considers it.

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