All 6 contributions to the Kew Gardens (Leases) Act 2019 (Ministerial Extracts Only)

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Tue 7th May 2019
Kew Gardens (Leases) (No. 3) Bill [HL]
Lords Chamber

2nd reading (Hansard): House of Lords
Tue 21st May 2019
Kew Gardens (Leases) (No. 3) Bill [HL]
Lords Chamber

Committee: 1st sitting (Hansard): House of Lords
Wed 5th Jun 2019
Kew Gardens (Leases) (No. 3) Bill [HL]
Lords Chamber

Report stage (Hansard): House of Lords
Tue 11th Jun 2019
Mon 24th Jun 2019
Wed 24th Jul 2019
Kew Gardens (Leases) (No. 3) Bill [Lords]
Commons Chamber

3rd reading: House of Commons & Legislative Grand Committee: House of Commons

Kew Gardens (Leases) (No. 3) Bill [HL]

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading (Hansard): House of Lords
Tuesday 7th May 2019

(4 years, 10 months ago)

Lords Chamber
Kew Gardens (Leases) Act 2019 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Kew Gardens (Leases) Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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That the Bill be now read a second time.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
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My Lords, as the Minister with responsibility for the Royal Botanic Gardens Kew, I am delighted to bring forward this Bill. First, I place on record from the outset my appreciation for honourable Members in the other place, and indeed my noble friend Lord True, for promoting similar Bills on Kew via the Private Members’ Bill route. I know that many of your Lordships have a keen interest in supporting Kew; indeed, my noble friends Lord Eccles and Lord Selborne were closely involved with Kew as previous chairmen of the trustees.

Kew is a scientific institution of the utmost importance, not only for the UK but as the global resource for knowledge on plants and fungi. We face immense challenges when it comes to the preservation of the natural world. Within this challenge, it is clear that there is an essential role for plants and fungi. Kew will help to provide answers about how plants and fungi will help us to survive. It has world-renowned collections, including the Millennium Seed Bank at Wakehurst, and the Herbarium at Kew itself. The restoration and digitisation of the Herbarium will need considerable investment and will make the collection accessible globally.

Kew’s scientific research leads the world. With more scientists today than at any time, its research is crucial in solving the challenges facing humanity today. Kew plays an extraordinary global role in partnership with scientists, educational experts and communities, promoting research, education and conservation. It does so much to involve the public, with over 2 million visits to Kew and Wakehurst each year, and around 100,000 pupils on school visits. It is building a wider understanding of plants and fungi and why they matter to us all.

I turn to this two-clause Bill. Not only is Kew an extraordinary scientific institution but its estate includes many special buildings and structures, more than 40 of them listed. It is a considerable challenge to ensure the maintenance of both core and non-core structures, which, due to their historic nature, is undertaken at considerable expense. For instance, the restoration over six years and reopening last year of the Temperate House is a tremendous achievement of Kew’s mixed funding approach. I thoroughly recommend to any of your Lordships who have not been to see it a visit to that extraordinary work.

Non-core parts of the Kew estate include some listed residential buildings near Kew Green, which badly need investment to maintain and enhance their condition and enable Kew to realise additional income. Attracting capital investment to refurbish buildings within the boundaries of Kew is one of the great opportunities available, but the current 31-year limit on leases has made that difficult to realise.

The Bill will allow leases to be granted on land at Kew for a term of up to 150 years. Currently, the Crown Lands Act 1702 limits leases at Kew Gardens to a term of 31 years. Longer leases will enable Kew to realise additional income from land and property and will reduce maintenance liabilities and running costs. The additional income generated will help Kew to achieve its core objectives, maintain its status as a UNESCO world heritage site, and prioritise maintenance and development of its collections, as well as improving the quality of its estate. The Bill has the full support of the Kew board and residents in the Kew area, in particular through the Kew Society.

I have reflected on what may be the challenges to the Bill. The various safeguards that apply now would still apply to any lease granted under the Bill. Kew’s activities are overseen by Kew’s board and by the Secretary of State for the Environment, Food and Rural Affairs. The Royal Botanic Gardens, Kew, is an executive non-departmental public body and an exempt charity. It is governed by a board of trustees established under the National Heritage Act 1983. As an exempt charity, although the Charity Commission does not regulate it, it must abide by charity law, with the Secretary of State as Kew’s regulator for charity purposes. This regulation is co-ordinated between the Charity Commission and the Secretary of State.

To ensure that Kew’s operational arrangements comply with the National Heritage Act, public and charity law, a framework document exists between Kew and Defra dealing with business planning, resource allocation, appointment of board members and, pertinently, the disposition of land. Thus, at all times in the governance process, the board of Kew, the Secretary of State and Defra play a key role in determining the operational management, and would continue to do so in the grant of any lease under the Bill.

Secondly, Kew’s UNESCO world heritage site status and other designations offer protection under the planning system which would apply to any lease granted under the Bill. Kew was inscribed as a UNESCO world heritage site in 2003 due to its outstanding universal value as a historic landscaped garden and world-renowned scientific institution. As a result, the UK Government, through the Kew board and the Secretary of State, have the ultimate responsibility for ensuring the protection, management, authenticity and integrity of the property.

As part of UNESCO world heritage site status, Kew has a management plan to show how its outstanding universal value as a property can be preserved. This includes protections and mechanisms in the planning system, including conservation areas in the London boroughs of Richmond and Hounslow, offering protection to the Kew site itself and a wider “buffer zone” that protects the historic landscape character of Kew. The Kew Gardens site is grade 1 on the Historic England register of historic parks and gardens of special historic interest in England. Much of its site is designated metropolitan open land, applying similar protection to that offered to green-belt land. Forty-four of the buildings and structures in the site are listed; indeed, Kew is part of an archaeological priority area. These protections mean that any lease would require local planning permission and compliance with the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the National Planning Policy Framework and the Government’s policy for the historic environment.

Thirdly, conditions would apply to the lease itself. In accordance with the duties that both the Kew board and the Secretary of State must carry out, the lease, while seeking to be commercial, will be capable of applying the necessary restrictions that will protect Kew. The Bill disapplies the restriction in Section 5 of the Crown Lands Act 1702 relating to leases of land at Kew: it will remove the limit of 31 years and apply a maximum of 150 years. This will bring Kew in line with the provisions made for the Crown Estate by the Crown Estate Act 1961. The changes provide the ability to grant longer leases on the land. The Bill would not alter the many protections in place for Kew and its status as a world heritage site. All proposals for granting leases are subject to scrutiny and must go through Kew and Defra’s governance. All proposals must comply with the protections in the planning framework and, in every case, the lease will contain any restrictions that may be necessary. The very status of Kew and all the protections it comes with make its property one of the safest in terms of conservation that could be envisaged.

In conclusion, I emphasise that this is very much Kew’s Bill. It is about enabling Kew both to manage assets on a sound and sustainable commercial footing and to enhance the site and support its core objectives. Kew’s trustees need this Bill to do what is necessary. The Bill is an opportunity for us to support Kew. Enabling it to maintain and enhance both core and non-core parts of its estate will be crucial to its long-term success and its global role in addressing the many challenges of enhancing a natural world that is undoubtedly in trouble; plants and fungi, and a better understanding of them, will help us enormously to meet those challenges. As I said, this is a two-clause Bill. It may be modest in size but, once enacted, its impact will be of immense benefit to Kew and help it further in its valuable work, which has been described in previous weeks, perhaps previous years, as part of our generation’s custodianship, ensuring that we know more answers about how we will turn things around. Probably unknowingly, previous generations have done things to this planet that we all now regret. As the Minister responsible for Kew—one of the biggest privileges in government, I think—I see the scientists and management there on a very regular basis. This Bill is one that they desire and that will help them to do so much of what we desire. I beg to move.

--- Later in debate ---
Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, the debate has been exceptional. The truth is that we all love Kew but we also admire and respect it. I was interested to hear about the family connection of the noble Lord, Lord Whitty. We in this country should be immensely proud of such provenance.

My noble friend Lord Hodgson mentioned soft power. At the last CHOGM, which was held in this country, I was tremendously proud when, while the leaders were deliberating other matters, Kew arranged for the spouses of the leaders of the Commonwealth countries to be shown a plant from every Commonwealth country. What is a better example of soft power? Richard Deverell, the director, was not with us for last week’s briefing meeting, to which noble Lords were invited, because he was busy in China. Kew has a global reach, whether in Madagascar, China, vulnerable parts of the world or Wakehurst. I should say immediately that the Bill is not at all related to Wakehurst, which is owned by the National Trust; this is about the Crown land at Kew.

As I said, Kew Gardens is one of the world’s most iconic—I would say the most iconic—botanical gardens. Yes, it is home to beautiful grounds and historical buildings but, as I deliberately said, I am very proud of the fact that we have the largest number of scientists at Kew that there has ever been. The noble Baroness, Lady Jones of Whitchurch, referred to cuts. As my noble friend Lord Eccles, said, at times of national difficulty, all institutions and departments must play their part. However, the fact is that there are now more scientists at Kew than there have ever been; it was very generous and quite right of the noble Lord, Lord Wrigglesworth, to refer to the staff and volunteers too. The esprit de corps among the staff is tangible, as it is among the volunteers. Not only do visitors benefit from that, but I know how much volunteers enjoy working at Kew.

A number of points have been made, quite rightly. I am happy to email a copy of the Kew strategy to 2020-21 to noble Lords who have participated in the debate. It is entitled Unlocking Why Plants and Fungi Matter. The noble Baronesses, Lady Warwick of Undercliffe and Lady Kramer, specifically asked about it, but I think that the document is useful to us all. This is what it says about creating the world’s leading botanic gardens:

“We want our botanic gardens to be a reason for people to visit the UK and for British residents to make the journey across the country”—


I rather think that that may be from Somerset and Leicestershire for my noble friends. It goes on:

“We want our visitors to be representative of society and will positively act to ensure there are opportunities for a greater diversity of people to be drawn into our gardens”.


Several noble Lords referred to the next generation. The new children’s garden at Kew is going to be a fascinating place for play and learning. We very much want all members of the community both locally and beyond to feel that Kew is their place too.

The noble Baronesses, Lady Warwick, Lady Kramer and Lady Jones of Whitchurch, asked about the funding. It is the intention that the proceeds which result from this Bill should provide an additional source of income for Kew. The latest spending review settlement extends to 2019-20. The noble Lord, Lord Carrington, and my noble friend Lady Byford referred to income. While the full scale of the benefits have not been fully market-tested, depending on options and planning decisions, the advice from Kew is that they would be likely to generate up to £15 million of income and cost avoidance, along with the chance to explore further opportunities as the result of this legislation. Kew intends to invest the income in infrastructure, enabling it to deliver its mission.

The noble Lord, Lord Carrington, and the noble Baroness, Lady Jones of Whitchurch, referred to the group of non-core estate properties that Kew wishes to attend to. As has been said, there are four houses and three flats on the edge of the site, mainly on Kew Green. The five properties are currently let on one-year leases following renovation work which has been partly funded by a loan. Two properties are unoccupied and require substantial renovation work to bring them up to a habitable condition. This is about ensuring that non-core property can be attended to and for the income then to go towards enhancing infrastructure and the core properties, which is what the Kew trustees wish to attend to. Kew will focus on this portfolio of properties in the first instance, in particular the two unoccupied properties. I am sure that there will be other opportunities.

In my opening remarks I deliberately emphasised that if there is a parcel of land in this country with more safety valves and oversight, I do not know it. Kew has all the designations in terms of conservation, local planning, its UNESCO site status and grade 1 listings. The land is overseen by a board of trustees along with the Secretary of State and, indeed, there is a memorandum of understanding between Defra and the Charity Commission. When reflecting on this candidly with officials, I could not think of a place that has more protections. I would be very interested—as a matter of scientific or nerdy interest—in whether any other parcel of land has the protections that we have quite rightly placed on this one.

In earlier documentation, reference was made to a £40 million; that was in 2015. On further reflection, Kew has looked at this realistically, with the residential properties in mind and the considerable cost of the two unoccupied properties, and realised that the majority of this benefit will be over the first 10 years via capital receipts and cost avoidance—although there may be ongoing revenue impacts over the 150-year period, if a lease were to be granted up to that period. As I said in my opening remarks, this legislation enables exactly the same protections whether it is up to 31 years or 150 years. I say to the noble Baroness, Lady Jones of Whitchurch, that the trustees and the Secretary of State will not permit unsuitable use of these properties—and I use the word “unsuitable” perhaps advisedly. I put on record that there is absolutely no intention of that. This is about a benefit to Kew; it is not about detracting from its reputation. It is about enabling these buildings, in particular the non-core estate, to be habitable—as is the case for two of the buildings—or in a much better condition than they are now.

A number of your Lordships, specifically my noble friend Lady Byford, asked about the proportions of income: 36% is from Defra grants; 26% is visitor and commercial income; and 38% is from private grants and donations. Having been responsible for Kew since 2016, my experience is that, four-square, the mixed-funding model has worked extremely well. By way of an example, Kew’s herbaceous borders—probably the longest in the world—were opened with Defra paying for the attractive gravel tarmac and a very generous philanthropist paying for the border. I do not expect the philanthropist was very keen on the tarmac, but they were engaged with the longest herbaceous border in the world. I do not resile from the fact that the mixed-funding model is absolutely right. The mixture of state funding from Defra, commercial income from non-core property and visitor centre engagement, and philanthropy and so forth is appropriate. My experience of going to Kew a great deal is that it embraces ever more people in its work; whether it is a large or small donation, far more people are embraced. The local residents of Kew, and their regard for its importance, are a key component of that.

A number of other issues were raised. My noble friend Lady Byford mentioned the importation of pests, and the noble Baroness, Lady Kramer, talked about oak processionary moth. I could not regret more the loose connection some years ago of a tree coming from the continent with oak processionary moth. We are using every endeavour to restrain the spread within Greater London and a part of Surrey. We are holding the line with it deliberately, pending research and work. I do not know about previous occasions, but there is active collaboration in Richmond and with the Royal Parks. I spent a day there and saw a tree with 60 nests being removed. The success of this wretched caterpillar and moth is phenomenal, and we need to do all we can about it. Kew is absolutely clear about that, as is RHS Wisley; there is great ongoing collaboration on that. Of course, the research that Kew undertakes on many of these issues is also vital, such as for the fungal disease in ash trees that we have heard about.

The noble Lord, Lord Whitty, and my noble friends Lady Byford and Lord Hodgson raised issues about the decision-making on the granting of leases. The legislation will enable the Secretary of State to grant longer leases on the land at Kew Gardens. The Secretary of State will not grant a lease without the recommendation of the Kew trustees, who will always consider the options in the light of their duty to deliver their mission and statutory duties best. The Kew trustees will of course retain the power to grant leases of up to a year if they so choose.

I just want to re-emphasise to the noble Lord, Lord Whitty, who queried whether the changes could in any way endanger Kew’s world heritage site status, that any proposals for new build or changes to buildings or their use, including the wider estate, will continue to be subject to rigorous review and to the highly restrictive planning requirements of a UNESCO world heritage site. There are rigorous planning consents required for developments at Kew Gardens. Kew is in the process of updating its world heritage site management plan, which will be approved by UNESCO, with the firm intention of maintaining world heritage site status into the future. By generating income from its estate, Kew’s plans will help enable it to achieve its core objectives as well as retention of UNESCO world heritage site status.

I will look in Hansard at the specific points on the charity matters that my noble friend Lord Hodgson referred to. As the principal regulator, the Secretary of State has a duty to take reasonable steps to ensure that Kew is complying with its duty under charity law. The Secretary of State has a relationship with the Charity Commission as set out in the Defra-Charity Commission memorandum of understanding. For a body to be a charity, it must exist for its charitable purpose for the public benefit only and therefore must demonstrate independence from any forces that might seek to prevent it doing so. The Charity Commission’s review of the register reports that, where a governmental authority has been given powers under a charity’s governing document—in this instance, the National Heritage Act—it is bound to exercise those powers solely in the interests of the charity, and therefore the Secretary of State cannot exercise that power for the Government’s own benefit. I should also say that I have studied the memorandum of understanding, and I am very happy to discuss that issue with my noble friend if he wishes.

My noble friend Lord Eccles referred rightly to biodiversity. Our forthcoming environment Bill will help us meet our ambitions, which surely must be right in these current times, that we leave the environment in a better state than the one in which we found it—of course, we have a lot of work to do to secure that. We have also committed to working with partners at home and abroad to build support for an ambitious post-2020 global biodiversity framework, putting greater emphasis on the vital role that our natural environment plays in improving our well-being and economic prosperity. I mention that, as did my noble friend, because Kew has an enormous locus in this matter.

Like the noble Baroness, Lady Warwick of Undercliffe, I think that the Hive is an extraordinary experience. It came from the Milan Expo, and we fought quite hard, really, to get it to Kew, which seems such an appropriate place for it—it was Wolfgang Buttress who created this extraordinary place. For any of your Lordships who have not seen the Hive, I should say that it attracts not only children but an enormous number of adults, too. I think the children aspect is really important. The noble Baroness, Lady Kramer, also mentioned the children’s area. I agree, and that is why I opened my remarks with that. I assure your Lordships that Kew is fully seized with the need to ensure that ever more people, with a greater diversity of background and interest, can see that Kew is the answer to a lot of our travails.

To my noble friend Lord Selborne who took us back to Joseph Banks and the rows of earlier days, I say that we are extremely fortunate in Richard Deverell and his executive team; they are so well regarded around the world. With reference to the UN, I am pleased to say that this could not be a more timely affair.

My noble friend Lord Holmes referenced the five Olympic rings and I have mentioned CHOGM, which is extremely proud-making. My noble friend Lady Byford referred to international students; I have met many students there from overseas, which is also immensely important. The noble Baroness, Lady Jones of Whitchurch, referred to restrictions placed on Kew as a result, in effect, of it being listed as a world heritage site. Listing as a world heritage Site sets certain obligations rather than additional restrictions. It is within that prism that Kew is on the list. The local planning authority, advised by Historic England, is responsible for deciding whether a proposed development should go ahead. As I said, Kew is located in conservation areas, about which there have been various references; I will write to noble Lords more fully on that as my time is sadly reaching an end.

The current donor engagement strategy is guided by an organisational ethical position and third-party engagement policy. Kew looks at major funding opportunities on a case-by-case basis while, clearly, considering financial, legal, ethical and reputational factors. The estate strategy is not in the public domain but I would be very happy to discuss it with any of your Lordships who feel that would be helpful, and to offer any appropriate reassurances.

Many points have been made. I believe this Bill—and the need for us to extend the licences—is appropriate, not only to deal with a non-core estate when there are many demands on the core estate, but also as a way of generating income to do the important work that Kew undertakes for us. I am sure that we will discuss these matters at further stages. I am hoping for a speedy passage, as your Lordships can imagine, as I think this Bill is worthy of that. In the meantime I would be extremely grateful if your Lordships would consider giving the Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.

Kew Gardens (Leases) (No. 3) Bill [HL]

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee: 1st sitting (Hansard): House of Lords
Tuesday 21st May 2019

(4 years, 10 months ago)

Lords Chamber
Kew Gardens (Leases) Act 2019 Read Hansard Text Amendment Paper: HL Bill 174-I Marshalled list for Committee (PDF) - (17 May 2019)

This text is a record of ministerial contributions to a debate held as part of the Kew Gardens (Leases) Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, we have considerable sympathy with the points made by the noble Lord, Lord Hodgson, and the noble Viscount, Lord Eccles. We have also tabled amendments which are another way of trying to address the same issue. Our concern is that this short Bill puts too much individual power into the Secretary of State’s hands, and we need to make sure that the right checks and balances are in place so that that power is used wisely. We seek to have an external body, such as UNESCO, to oversee the powers being allocated, with the Secretary of State unable to influence what UNESCO is doing. However, I appreciate that the noble Lords are coming at this from a different direction.

The point of the noble Lord, Lord Hodgson, was well made: it is not about now but about the future, about other times and places when other players will be in post, and we need to make sure that they exercise their responsibility wisely. Whatever statements were made about the current Secretary of State, this is about future Secretaries of State and indeed future members of the board, and the need to make sure that they have the correct relationship.

This is also about different circumstances. The noble Viscount, Lord Eccles, said that people juggle with choices, and that is absolutely right. They will always be under pressure and there will always be a shortage of money, so we need to make sure that the financial demands on the shoulders of the individuals concerned do not lead them to make short-term choices which would damage Kew in any way. I therefore have considerable sympathy with the amendment; I am interested to know how the Minister will respond to this and thank the noble Lord for raising this issue.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
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My Lords, I am most grateful to noble Lords, particularly my noble friends. The amendment seeks to apply consultation by the Charity Commission to the actions of Defra and RBG Kew, which, I should say, is a charity specifically exempt from direct regulation by the Charity Commission under Section 22 of and Schedule 3 to the Charities Act 2011.

I say this with passion: there is very little difference between what we are trying to achieve in protecting Kew when granting these leases and what we are trying to achieve for future generations, whoever has responsibility for these matters. The Bill does not affect any of the high protections already afforded to Kew; it is about changing a figure of 31 to 150. All the protections will continue to apply. I absolutely understand my noble friend Lord Hodgson’s point, and that of my noble friend Lord Eccles, who has great experience in this field; their intention clearly is not to attack the Bill or Kew—quite the reverse. It is in everyone’s interest to look after Kew.

I need to set out something by way of legal advice on the amendment; I received the advice from senior departmental government lawyers and counsel.

--- Later in debate ---
Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I was coming to that. Let me be clear: Kew will focus on the seven residential properties on Kew Green. Kew has no immediate plans beyond the proposals for those properties. Obviously, the Bill does not stop future plans for any other property on the non-core estate, but Kew wants to ensure that the seven residential properties on Kew Green do not continue in their current unsatisfactory condition. The Bill is about maintenance of the non-core estate, and the whole basis of what we are doing is to enable those parts of the non-core estate not required by Kew—

Viscount Eccles Portrait Viscount Eccles
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I am sorry to interrupt my noble friend. He has used the phrase “non-core” three times. How does he define that? Until you define your attitude to the six general functions in some detail, you cannot come to a judgment on what is core and what is not. Some properties on Kew Green are occupied by the Royal Botanic Gardens, Kew. Some of them, such as Cambridge Cottage, are historic. If I may say so, we must not get carried away with the idea that what is core and what is non-core is obvious. It is not at all obvious at Kew, which is a very complicated institution. What is core and non-core changes with fashion. Now, Extinction Rebellion is changing things too.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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It would be more helpful if I could develop my arguments. It is important that I set out the legal point. My noble friend Lord Eccles is right that I should perhaps get a better legal definition of “non-core”. I am trying to explain, in what I would call lay language, that Kew has recognised that these properties on Kew Green are not required for the fulfilment of its functions, as set out in the National Heritage Act. Here, we are seeking to enable Kew to use the additional income to meet the challenges that I know my noble friend Lord Eccles had to resolve when he was chairman, as will the current and future chairs. I like his point, which is how in these difficult times we can invest more proactively in Kew.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I would like to make some progress.

Baroness Kramer Portrait Baroness Kramer
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Perhaps I may just ask the Minister a question purely for clarification. I am not the slightest bit fussed about the seven houses on Kew Green as they are all under conservation orders and the local council will certainly be able to prevent any inappropriate development. We can also count on the fact that, no matter what the political colour of the council, the residents will make sure that that happens. What I am trying to understand is what else might be non-core. Does that include the parking area, or is it part of the non-core estate? Is that where we should be focusing our general concern?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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As I say, it goes back to those areas. I want to pin down this point. This is absolutely not about suddenly cherry-picking: “That looks like a nice site; that would be quite lucrative”. It is about enabling longer leases to ensure that there is more money for Kew to do these things. Part of the issue, shall we say, is accessibility for the public, whether that be parking or other general facilities. Yes, such things are part of enabling scientific endeavour, but they also enable the nation to appreciate what Kew does by way of visiting the gardens.

Lord Campbell-Savours Portrait Lord Campbell-Savours (Lab)
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My Lords, could non-core—

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I am sorry, but would it not be easier for me to develop the argument, because much of this will I hope be covered? I think that that would be more constructive.

I want to go back to the advice I have received, because my response to my noble friends and the amendment hinges on that. These leases of the land at Kew are not regulated by the Charities Act 2011 as the land is Crown land, so in its current form the amendment is not an appropriate safeguard. Kew Gardens is land held by the monarch in the right of the Crown and is Crown land currently managed by the board of trustees and Defra. The board was established under Section 23 of the National Heritage Act 1983. While that Act gave the board a power to purchase land and other powers to deal with land that it purchased, it did not transfer title of the land at Kew Gardens to the board, nor did it give the board any powers of management over the land at Kew.

In granting leases on the land at Kew Gardens, the Secretary of State will act as the freeholder on behalf of the Crown. The Bill does not create the power to grant a lease, merely to make a longer one. Since title is not held by the charity RBG Kew, these leases will not be regulated directly through charity law. It is not the intention of the Charities Act 2011 that the Charity Commission will be consulted on the management of Crown land as it relates only to the disposal of property that is in the title of a charity, which the Crown land at Kew is not. As I say, having taken counsel’s advice, it is important that I say this.

The Secretary of State, in exercising his powers of management of the land at Kew, balances the freedoms to manage Crown land free of any restrictions. Parliament’s intention was that the land should now be occupied by Kew for use in furtherance of its general functions under Section 24 of the National Heritage Act. However, in reality proposals will be initiated by Kew and in making the decision to support the grant of a lease, the trustees would act in the best interests of Kew, in line with the National Heritage Act and pursuant to the framework agreement between Kew and Defra. That agreement was laid before both Houses of Parliament last year, and I will circulate the framework document to my noble friend Lord Eccles and indeed to all noble Lords who have spoken in this debate.

Lord Campbell-Savours Portrait Lord Campbell-Savours
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Could I just clarify something? Does non-core land include land on which planning permission can be secured to build new residential developments?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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All land within Kew and the Crown land, including non-core land—I used that unofficial language, shall we say, to describe the sorts of properties for which Kew recognises that it would wish to avail itself of this legislation—is subject to many protections. I digress slightly from these leases, but for instance if Kew, in its scientific endeavour, wanted to build a new science block or something to enable it to be ever more proactive, as my noble friend Lord Eccles said, given that this is a world heritage site with many listed buildings it would have to be in sympathy with all that. I perhaps wish I had not described it as “non-core land”, but it was a genuine attempt to distinguish between the estate—where all the functions of the National Heritage Act are undertaken, and those functions are set out in statute—and land and property, such as the seven residential buildings, that Kew does not feel it requires for its core functions and that would clearly require the protections I will unfold not only in this amendment but in others. All land that is going to be subject to this legislation has many protections.

Lord Campbell-Savours Portrait Lord Campbell-Savours
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I understand that, but I want to press this. Could a developer, to put it bluntly, build a block of flats on the non-core land, subject to the protections?

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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No. On the land under question, one of the seven residential buildings is not listed and all the rest are. On a later amendment I will go into some detail on the conditions that there would be on the leases, because that is probably where I can explain it better. In the leases there are standard conditions and those that recognise the world heritage site, the listed nature and all those things, so any proposal by anyone would have to go through all those hoops. If the noble Lord is asking me what would happen if someone came along and said, “I would like to build some modern flats in the place of those listed buildings”, I cannot see—I am happy to put this on record—the local authority agreeing to it, anyone saying that this was the proper function, or the Secretary of State granting a lease.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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The protections are available for ever to ensure that this would not be the case.

Lord Campbell-Savours Portrait Lord Campbell-Savours
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But it cannot be ruled out.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I think it can be ruled out, because the protections are absolutely, fully in place for the land at Kew, whether the seven residential properties—

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I am not forgetting those, because they are the areas being dealt with. I am going to make more progress; I am happy to continue these considerations outside Committee.

One thing is clear: if a lease was at odds with anything, the Secretary of State would decline to grant it in the first place. With this in mind, and on the advice of departmental lawyers, the Secretary of State would not grant a lease that was in any way contrary to Kew’s objectives as set out in the National Heritage Act 1983, the governance document of Kew Gardens dated July 2017, and the Kew framework document dated June 2018, since this would risk placing the board in breach of its own statutory obligations and the framework and governance documents. For example, no lease of any land or building could ever restrict public access to the plants, collections and other facilities at Kew as this would be contrary to Section 24 of the National Heritage Act 1983.

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Lord Hodgson of Astley Abbotts Portrait Lord Hodgson of Astley Abbotts
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My Lords, my noble friend the Minister has been extremely courteous and accepted interventions from all sides of the House, which is very good of him. He may be regretting the briefing he provided for us before Second Reading, at which he was unwise enough to say, “I hope some of you are going to take an interest in this Bill and we get enough speakers”. He may have put his head into the lion’s mouth there.

I thank my noble friend Lord Eccles, who brings a wealth of experience and insight to this and brought out the difficult balances that are to be struck—no one is suggesting that what we are trying to tackle is easy. To the noble Baroness, Lady Bakewell, I say that of course we understand that Kew needs the money; but we need to make sure there are appropriate checks and balances and that we are not chasing the money too much. I am grateful to the noble Baroness, Lady Jones, for her general support.

My noble friend made three important points. First, he said that the focus is on seven residential properties but there are no immediate plans to go beyond that. That is a careful set of words. Secondly, he was very careful and courteous also in dealing with the “core” and “non-core” point, brought up by my noble friend Lord Eccles.

Finally, as I understand it, the legal advice is that this amendment does not have effect because the Crown land has no link with a charity and therefore with the Charity Commission. I am therefore not quite sure why the department needs to sign an MoU to ensure compliance with charity law because if it was just—

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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This is because the MoU relates to the plants, collections and functions, not to the land.

Lord Hodgson of Astley Abbotts Portrait Lord Hodgson of Astley Abbotts
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That is very helpful. So the MoU is narrowly drawn in that sense. I am grateful for that. I want to make sure that somewhere in this legislation we know how big a set of opportunities we are offering Kew and make sure that there are no unnecessary opportunities for side deals which may release funds for Kew in the short term in a way that does not deal with its long-term objectives, which we all support. We will carry on the discussion. In the meantime, I beg leave to withdraw the amendment.

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Lord Campbell-Savours Portrait Lord Campbell-Savours
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My Lords, I shall intervene only briefly. I sense that the Minister has difficulty in mouthing the words that residential property development could be considered on that site, not now but perhaps in 20 or 30 years’ time when there is a lot of pressure. I understand that, under residential development for flats, that land would probably fetch in the region of £1,500 per square foot. That provides some fairly expensive property. There will be people who, under pressure and needing funds, might take a chance and put in for a development, perhaps on the car park that was just referred to. I support the amendment suggested by my noble friend. In the event that it is rejected at this stage, I might come back at a later stage to see how the legislation, whose subtext is residential development in the long term, can be interfered with and greater restraints than currently exist introduced.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, I say from the outset that I take the amendment in the name of the noble Lord, Lord Whitty, with the seriousness that I know he takes Kew. I also recognise the direct knowledge of the noble Baronesses, Lady Tonge and Lady Kramer, down to the last tree in the car park, which is probably the one that unfortunately has had most bonnets interfere with it. I understand the local and historical knowledge of the former Minister and the desire of the noble Baroness, Lady Jones of Whitchurch, for protections. My noble friend Lord Eccles is a former chairman of Kew. The noble Baroness, Lady Warwick, talked about reputational damage and the noble Lord, Lord Campbell-Savours, talked about how we ensure that the Bill, which is laudable in so many senses, gives protection for ever. The whole basis of why I am seeking consent for the Bill is to help Kew. I absolutely recognise that your Lordships all want to help it too.

I am, therefore, grateful to the noble Lord for his amendment and for the clear indication that your Lordships regard Kew in the same light as I do, as the Minister with day-to-day responsibility for it. This is an establishment of unique value and an institution worthy of the highest protection. I was interested in what the noble Baroness, Lady Tonge, said about children. I was fortunate enough to go to one of the early openings of the children’s garden last week. I did not detect commercialism there; I saw a lot of children running around enjoying plants and understanding more about them. Taking off the rose-tinted spectacles of previous times, families have changed. We have all changed, as have the sorts of things that engaged us. I am afraid I did jump on a trampoline—it was a very small one. There are all sorts of things we can do to engage children. My analysis of the children’s garden and its design is that it gets children engaged. I want children from all backgrounds to think, “I want a life in plants; I want to come to Kew as a scientist; I want to work for Kew”. Those are my ambitions for Kew’s reach to local communities and beyond. I have teased this out myself, because I clearly want Kew to be protected forever. I am grateful for the opportunity to set out the restrictions.

First, as a UNESCO world heritage site and conservation area with 44 listed buildings, Kew Gardens is subject to some of the highest level of scrutiny and statutory approvals available under the planning system —as it should be, of course—and this will not change under the Bill. Regardless of any additional conditions that might be placed on the lease by the Secretary of State, any significant internal or external developments under the lease, whether structural or otherwise, would be subject to the relevant development permissions. The local planning authority, with advice from Historic England, in particular, would be responsible for deciding whether a proposed development should be allowed to go ahead and whether to grant planning permission for new buildings, major alterations, including any to listed buildings, or significant changes to the use of a building or piece of land. The Bill will not change or replace this governance process.

I hope it will be helpful to your Lordships to set out in detail the separate planning controls that protect Kew’s unique heritage. The Planning (Listed Buildings and Conservation Areas) Act 1990 is the legislative basis for decision-making on applications that relate to the historical environment. Sections 66 and 72 of the Act impose a statutory duty on local planning authorities to consider the impact of proposals on listed buildings and conservation areas. This is particularly relevant to the Royal Botanic Gardens and the Kew Green conservation areas, as well as the many listed buildings in the Kew UNESCO world heritage site that contribute to its outstanding universal value.

The National Planning Policy Framework, the NPPF, sets out the Government’s planning policies and how they are expected to be applied, dealing particularly with the historical environment. The Government’s national planning practice guidance gives further information on how national policy is to be interpreted and applied locally. As the relevant local planning authority, the London Borough of Richmond would apply the policies of the NPPF to its local plan, setting out policies for making planning decisions in its area, including those covering historic buildings and conservation areas. The local planning authority is advised by Historic England on all aspects of the historical environment, and by the Greater London Archaeology Advisory Service on all archaeological matters.

The NPPF provides clear direction for planning authorities on the determination of applications affecting designated and non-designated heritage assets. The framework recognises that UNESCO world heritage sites are of the highest significance and that great weight must be given to the conservation of their significance and their setting. It says:

“Heritage assets range from sites and buildings of local historic value to those of the highest significance, such as World Heritage Sites which are internationally recognised to be of Outstanding Universal Value. These assets are an irreplaceable resource, and should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of existing and future generations”.


The framework also provides for key policy tests for developments that would harm the significance of designated assets, including world heritage sites.

I hope noble Lords can see that these sections clearly set out the importance of a world heritage site and the local planning authority’s duty to ensure that the greatest level of consideration and protection is applied when implementing national, London-wide and local planning policy. Kew Gardens is also located in a conservation area, a designation that ensures that extra planning controls and considerations are put in place. Any significant alterations to buildings or new developments would result in further scrutiny from the local planning authority as a result. Further, 44 of the buildings and structures on the Kew Gardens site are listed, acknowledging their special architectural or historic interest. This designation regime is set out in the Planning (Listed Buildings and Conservation Areas) Act 1990 and the list is maintained by Historic England. Any works to alter, extend or demolish Kew Gardens’ listed buildings would require listed building consent from the local planning authority and Historic England, whether planning permission is needed or not. Listed status covers the entire building, internal and external. It is a legal offence to carry out works to a listed building without permission. The Bill will not alter this.

As I have mentioned, any development on a world heritage site or its settings, including any buffer zones, should conserve, promote, make sustainable use of and enhance its authenticity, integrity, significance and outstanding universal value. In particular, it should not compromise a viewer’s ability to appreciate its outstanding universal value, integrity, authenticity or significance.

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Baroness Kramer Portrait Baroness Kramer
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Can the Minister tell us—clearly not now—what the status is of that car park land? It sits outside the wall of Kew Gardens, so I am not sure how far it is covered by any of the protections he has mentioned, even though it is the obvious site if you were going to have a commercial development. It would be extremely helpful to know what the protection is there.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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I referred to buffer zones. This is an issue for Kew in terms of how planning proposals beyond the curtilage of Kew Gardens may, in turn, impose upon the world heritage site. I will write to the noble Baroness about the precise element of the car parks, but they are all part of Crown land, which is part of—ah, the noble Baroness is signalling that that may not be the case. May I come back to the noble Baroness on the question of that car park?

In conclusion, it is important to note that the Bill will not supersede the application of any existing legislation or policy already in place. This includes any proposals for new build or changes to the use of buildings, including on the wider estate. I mention that because Kew is a proactive scientific institution and therefore it is inevitable that, in protecting Kew and its wonderful historic site, we will have to have future state of the art scientific buildings with laboratories to help us find solutions to protect our natural ecosystem. So I deliberately raise the fact that, in protecting Kew, we will need new contemporary buildings to assist it in advancing scientific knowledge. I want to protect this great, historic site, and I am sure that it is our objective to entrench that for ever.

I repeat that I have looked at this in great detail and I cannot think of anywhere that has more protected elements, with so many varied facets, than Kew. So I say to the noble Lord, and to all noble Lords, that obviously I am in tune with what they want from this. I would like to continue discussions with the noble Lord, Lord Whitty, and other noble Lords, because I want to get this right. However, in the meantime, I ask the noble Lord to withdraw his amendment.

Lord Whitty Portrait Lord Whitty
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My Lords, I thank the Minister for that, and I thank all noble Lords who have supported the intent of the amendment. The Minister clearly spelled out the number of protections that currently apply in different statutes and regulations. I concede that they make Kew probably one of the most protected acreages in the world. Nevertheless, I think I am right in saying that none of the protections existed 150 years ago—and not all of them existed 31 years ago. Therefore, we cannot be sure that they will exist in 31 years or 150 years—yet the leases will have been granted when the Bill becomes an Act.

I am grateful for the Minister’s offer to discuss this further. I understand about all the protections, but they could all change—and, even if they do not, issues could still be raised. I am mindful of another UNESCO world heritage site: the Liverpool waterfront. A building adjacent to it has raised serious questions. I think that in the end UNESCO accepted that it did not offend the status of the site. However, looking at it as a lay person, one might think that it came dangerously close. If a similar building were put on the Kew car park—although I suspect the protections would stop it—it would challenge a lot of what Kew stands for and what it looks like.

I am not suggesting that we should preserve Kew in aspic. I recognise, as the Minister has just said, that new buildings and new facilities will be needed to keep up with the scientific and educational activities of Kew—of course that will happen. But my amendment allows for supportive and compatible development, and we must make sure that the outcome of such development is compatible with and supportive of the general objectives of Kew.

I am disappointed that the Minister did not offer to draft a rather better government amendment for Report. However, I look forward to discussing this with him to see whether perhaps he could go some way down that road. In the meantime, I reserve the right to bring this back should that development not pertain. I thank all noble Lords who participated in the debate and I beg leave to withdraw the amendment.

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Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville
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My Lords, transparency is really important, but I am concerned that a set of accounts should be produced just for the income from the leases on seven properties. That seems quite bureaucratic to me. I accept that the noble Baroness said that this was a probing amendment, so I will be interested in what the Minister has to say. I would have thought that these accounts could have been incorporated into the consolidated Kew accounts, rather than being a separate set. That would be a better way of doing it.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

My Lords, I agree with the noble Baronesses that we should always be transparent. I hope that I will satisfactorily be able to explain why I think that these matters are covered.

First, pursuant to the National Heritage Act, a statement of accounts in respect of each financial year for Kew is prepared, examined and certified. A report on this statement is produced by the Comptroller and Auditor-General as head of the National Audit Office and laid before each House. Details of Kew’s income, including government, commercial and charitable donations, are all set out in this report, which is a public document.

I reassure the noble Baroness, Lady Jones of Whitchurch, that income received by Kew in respect of these leases, subject to this Bill, will also be reflected in this report. In addition, Kew itself publishes audited annual reports and accounts. These state how much grant in aid it receives each year from Defra and how much is restricted to specific projects. Within this report, Kew will report on funds from the lease income as part of its funding note.

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Lord Hodgson of Astley Abbotts Portrait Lord Hodgson of Astley Abbotts
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Following on slightly from the point made by the noble Lord, Lord Campbell-Savours, can the Minister address the nature of the leases? These will presumably be repairing and insuring leases, in the sense that at the end of the term of the lease Kew will want the property back in the state in which the lease was granted. It would be worth while if my noble friend could confirm that, either now or in writing later.

The one amendment in this group with which I have particular sympathy is Amendment 7. This seems to provide a way to get some of the answers to the questions posed by my noble friend Lord Eccles about core and non-core land and to the wider concerns in the House about whether this is a one-shot deal or whether there is—as the noble Lord, Lord Campbell-Savours, just said—around the periphery of the properties a whole series of small plots of land that might at one time or another be envisaged as falling under the provisions of this Bill. Some work on Amendment 7 could provide some answers and reassurance to those of us concerned at the nibbling away that might take place over a period of time in circumstances that are hard to foresee now.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, I am most grateful to the noble Baroness for tabling these amendments. Without going on for too long, I should like to take the opportunity to place on record a number of points.

Amendment 5 seeks to require the Secretary of State to publish, within a month of the Act being passed, an impact assessment covering any property that could be involved in these leases and any related financial liabilities and income projections. I understand that the aim of the amendment is to ensure public transparency on the scope and impacts of the leases that may be enabled under the Bill. I am most grateful to the noble Baroness for allowing me to put on record the detail already published in Kew’s annual report and accounts, which includes the valuations set for Kew’s heritage assets of land, buildings and dwellings, as well as those assets under restoration.

Kew has already estimated the value to Kew of the properties affected. I understand that the £40 million was in 2015. Since then, the assessment is that the value of leases and avoided renovation costs in the short term would be up to £15 million. This estimate is based on the seven residential leases, of which two are currently unoccupied properties that require substantial renovation. This means that there cannot be any more quantified projections other than those that Kew has given at this time.

The need to scrutinise the impacts of lease proposals will be fulfilled by Kew in taking specialist advice and preparing proposals for consideration by, first, its executive board and board of trustees and, ultimately, the Secretary of State. This includes the involvement of Kew’s finance committee, audit and risk committee and capital development committee, as well as Defra. As I have said, and as we have all realised, Kew will focus on the seven residential properties currently let on assured shorthold tenancies or empty. As I have said, Kew has no immediate plans beyond that.

I find it really rather alarming that everyone is determined that dreadful things can happen. The noble Lord, Lord Whitty, has already said that this is one of the most protected sites in the country. No Parliament can bind its successors. All we can do is use our best endeavours now, with the protections that are there in legislation. I am looking at the noble Lord, Lord Campbell-Savours. If a Parliament decided to amend the National Heritage Act in an adverse way, of course we would regret it, but it is for future Parliaments to decide those matters. What we can deal with today is having all the protections we possibly can. I have sympathy with all that the noble Lord, Lord Whitty, is seeking, but it is on record—even from the noble Lord—that this is the most protected part of the kingdom.

The development of all aspects of the Kew estate will remain subject to the approval of its board of trustees and in line with Kew’s world heritage site management plan, just as any shorter-term leases already would. Although I fully endorse the desire for meaningful transparency in these leases and the motivation behind the amendment from the noble Baroness, the degree of variation means that it would be best served through Kew’s existing proposals and commitments. Indeed, the lease would be publicly available at the Land Registry when the sale completes.

It is the view of my department that this amendment would risk providing information that would not be precise. Of course, it is subject to market conditions. In addition, the Secretary of State has to follow the guidance in Managing Public Money, formerly the Treasury Green Book, which requires value-for-money assessments.

The noble Baroness, Lady Bakewell, referring to Amendment 6, made some important points about the local planning authority. I understand and share the wish of the noble Baroness, Lady Jones of Whitchurch, that any refurbishment or development should require the correct approval so that it does not compromise the property—which is Crown land—the world heritage site or Kew’s functions and activities in any way.

Kew’s activities, including any lease under the Bill’s provisions, are overseen by Kew’s board and the Secretary of State. The discussions and negotiations about leases would be initiated by Kew in accordance with its governance. This includes the trustees’ code of best practice, the National Heritage Act 1983 and the framework document between Kew and Defra. The lease itself would be prepared for and on behalf of the Secretary of State using specialist property lawyers and specialist commercial advice.

There will be numerous bespoke conditions in the lease agreement itself that shall offer the appropriate and relevant protection to Kew under this amendment. As I shall detail, these would deal with the unique nature of the land at Kew and, in particular, the listed buildings on Kew Green and, in doing so, provide complete protection for the Secretary of State and Kew.

As well as conditions bespoke to Kew, which I shall turn to in a moment, the usual lease conditions would apply. The usual leaseholder covenants include obligations not to do anything that contravenes planning; to comply with any estate regulations that may be drawn up; not to make any alterations to any part of the internal or external structure of premises without freeholder consent; to submit plans to the freeholder if consent for alteration is required; not to sublet or transfer premises without freeholder consent; not to interfere with or obstruct the performance of a freeholder in carrying out its duties; not to use the property for anything other than the use specified in the lease; not to access the property other than as specified in the lease; and not to cause a nuisance from the property. In addition, I assure your Lordships that all Kew leases will expressly include a leaseholder obligation not to do, or allow to be done, anything that will bring into disrepute the Royal Botanic Gardens, Kew, including its status as a world heritage site or the listed building status of any house, for example.

Some of the houses will contain features typical of buildings of this age, such as plasterwork ceilings and cornicing. Given their listed building status, features such as these may not be altered, so any lease would provide that such features must be preserved and may not be damaged in any way. As the noble Baroness, Lady Bakewell, said, the local planning authority, advised by Historic England, is responsible for deciding whether a proposed development, or even internal renovation, should be allowed to go ahead.

I hope I can also reassure your Lordships that the Secretary of State would absolutely not grant a lease without the recommendation of the Kew trustees. The Secretary of State would take advice from specialist property lawyers as to the appropriate level of protection given Kew’s listed building status and the world heritage site. Therefore, I believe that robust procedures are already in place to ensure that the correct approvals are made. I am as concerned as anyone that none of these buildings be refurbished insensitively, but the terms of any standard lease, bolstered by special conditions for Kew and alongside the governance that the local planning authorities, Kew trustees and the Secretary of State provide, ensure that the points in the noble Baroness’s amendment are already covered.

Turning to Amendment 7, I am again grateful to the noble Baroness for the opportunity to clarify the criteria that would apply. Instead of taking three months, I hope I am able to put on record now these points. I re-emphasise that Kew’s current proposals extend to only seven properties, two of which are unoccupied and none of which is part of the core estate. These leases are being pursued to free up vital revenue for Kew, and will do so with no impact on Kew’s core functions. I am pleased to reassure your Lordships that these criteria derive from the various protections already in place, which I have strongly emphasised. It is, however, absolutely right that the noble Baroness, Lady Jones of Whitchurch, referred to respecting the property, because that is exactly what we must do.

To preserve the protection of the property and Kew’s functions, obligations on the leaseholders would include the following requirements, which I will place on record in the context of Amendments 7 and 8: to repair and keep the property in good condition and decoration; to allow Defra or Kew to access the property to carry out any necessary works; to make good any damage caused by the leaseholder to the property or to the Kew estate; not to do, or allow to be done, anything that will bring RBG Kew into disrepute, including its status as a world heritage site; to comply with the provisions of any statute, statutory instrument, order, rule or regulation, and of any order, direction or requirement made or given by any planning authority or the appropriate Minister or court; not to alter any of the property internally or externally without the express written consent of Kew’s board of trustees and the Secretary of State; not to sublet any of the property without the Secretary of State’s consent; not to assign, transfer or sell their interest in the property without the Secretary of State’s consent; not to interfere with or obstruct the performance of the duties of the Secretary of State, or Kew by way of servant; not to use the property for anything other than the use specified in the lease; not to access the property other than as specified in the lease; not to leave the property unoccupied for a certain period of time; and, finally, not to cause a nuisance from the property. I want to be very clear that there has been proper consideration of this in reference to, as my noble friend Lord Hodgson said, the status and condition of the property.

The noble Baroness was right to raise also the issue of forfeiture. The right to forfeiture occurs when the leaseholder under a lease breaches an obligation contained within a lease. What these obligations may be are a routine part of lease agreements, and so are the conditions for termination of the lease—I have already placed these on the record—as to obligations that will ultimately result in forfeiture if breached under a Kew lease. As I said, the lease agreement itself will be drawn up by specialist property lawyers acting on behalf of the Secretary of State to reflect the various considerations and protections that need to apply in respect of the property itself, the world heritage site and Kew’s functions and activities. I should stress that lease agreements will need to be, and shall be, drawn up and agreed on a case-by-case basis by specialist property lawyers, even though they will have most conditions in common.

Forfeiture of a business lease and forfeiture of a residential property are not the same. This Bill does not seek to disapply any protection a leaseholder may have from unlawful eviction. The forfeiture clause in a lease cannot be one size fits all, since the court looks very seriously at any possession claim, and it is a complicated area of law. This does not, however, negate the fact that breach of leaseholder covenants under leases created by this Bill—such as an obligation to keep in good repair—can and will, if appropriate and if sanctioned by the courts following sufficiently serious breaches, result in the Secretary of State taking back possession of the property.

Kew Gardens (Leases) (No. 3) Bill [HL]

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Kew Gardens (Leases) Act 2019 Read Hansard Text Amendment Paper: HL Bill 174-R-I Marshalled list for Report (PDF) - (3 Jun 2019)

This text is a record of ministerial contributions to a debate held as part of the Kew Gardens (Leases) Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

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Lord Campbell-Savours Portrait Lord Campbell-Savours (Lab)
- Hansard - - - Excerpts

My Lords, I intervened in Committee and put to the Minister a series of questions to which I hoped he might give me the answers in writing. They have not come, so perhaps he might ask officials to consider the questions I asked during that debate.

The most important protection for the land at Kew Gardens has been the fact that leases could be granted for a maximum of 30 years. The moment you transform that system and change the arrangement such that you can grant leases of up to 150 years, you transform the discussion about the future of that land and its potential use by developers. Even though covenants and restrictions will be in place, developers will look seriously at the long-term potential of the use of the land.

The question for me is: what has been Parliament’s intention during the passage of the Bill? As I have understood it, it is to ensure that no commercial development takes place on the site and that residential development should be restricted to a very small proportion of the land. I am not convinced by that. Parliament is being naive in thinking that the position will remain the same for the next 150 years.

So last night, lying in bed at midnight—as happened on the previous occasion—I went through the documentation that the Minister has provided for us in the past week. That is the framework document, from which I want to cite a number of paragraphs in support of my case.

Paragraph 27.1 refers to a “light touch” annual review of the framework document. It then talks about three-yearly full reviews. What will happen at the end of three years, six years, nine years, 12 years, 15 years, 18 years or 21 years? At what stage do Ministers envisage being under pressure, because the Secretary of State retains powers in these areas, to change the arrangements for future development possibilities on that site?

Paragraph 28.2 confirms the sharing arrangements for developers’ gains—so in the framework document there is recognition that there will be developers’ gains in the future. I am sure developers will study that closely. It may be that, because the intention of Parliament is not altogether clear, lawyers pore over our debates. I am not a lawyer, but I am told that they often refer to parliamentary debates to try to identify what the intention of Parliament was when a particular Bill went through.

Paragraph 7.4 refers to a requirement on Kew,

“to maximise opportunities to increase income”.

Again, that is a pressure point on Kew to maximise income available from the site. In my view, it would be for the development of commercial and residential property.

Under paragraph 7.2, the Secretary of State can set conditions on grant-in-aid funding. In other words, they could pressure Kew to maximise alternative income streams when deciding on the grant-in-aid funding to be made available in any particular year.

Paragraph 21.1 emphasises the requirement for Kew to have regard to “efficiency, costs and resources”—again, that is a pressure.

In paragraphs 23.2 and 23.3, there is a requirement to avoid balances. Under the agreement as I understand it, Kew must not pursue a policy of having balances at the ends of years. In other words, it cannot save money in that way, which will in itself put pressure on resource availability—so much so that I believe that it will seek profits from the development of land on the site.

In paragraph 25.1, a process is set out for Defra’s approval of breaches of the MPM rules, guidance and advice, and in paragraph 9.2 there is a requirement on the Secretary of State to sign off land sales. This, of course, works both ways: it can put a block on sales, but on the other hand it could serve as a notice to future generations that in 2019 it was envisaged or foreseen that land sales would inevitably take place. The question is: what land? I am not suggesting for one moment that it will be land in the body of the site, but I believe that that site has rich future potential and that developers will look at it and argue that, on the periphery of the estate, particularly near the river, there is potential for substantial development.

In Committee, I pointed to a footage price for flats on the present market. Flats down there would sell, even in today’s market, at £1,500 per square foot. That property in the future, on the river at Kew, will fetch far more money than even today’s prices, because it will become prime property. Ministers have completely underestimated the pressure that will be put on the trustees and the people who will be running Kew in the future to maximise their profits through property development on that site. I heard nothing during the debate in Committee that in any way interferes with my view. I believe that that is what will happen, and what we have in the Bill offers insufficient protection, despite all the conditions that the Minister referred to in his responses on that previous occasion.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
- Hansard - - - Excerpts

My Lords, I am most grateful to noble Lords for their contributions. I well understand that the noble Baroness’s amendment seeks to restrict the application of the Bill solely to residential properties. It is true that the properties currently in the contemplation of Kew following the Bill are those seven residential properties that are either currently occupied on one-year assured shorthold tenancies or are vacant and require substantial renovation work. That is not to say that these are the only opportunities for Kew, but these are the definite properties that could immediately benefit from the Bill.

I know that noble Lords want only the best for Kew—I absolutely understand what the noble Lord, Lord Campbell-Savours, is saying. In both what I believe I put on record about the protections and, if I am permitted, in suggesting what might follow on the next amendment, Parliament is very clear about the requirement to protect Kew. However, I agree with my noble friend Lord Eccles that restricting leases to residential properties only would have a significant adverse impact on Kew’s ability to benefit from the Bill. All noble Lords have said that we have great trust in the current trustees but we are worried about what might happen in the future. The current trustees and executive feel very strongly that to restrict the Bill will not be helpful to Kew in the future. I want, therefore, to reassure the noble Baroness, Lady Jones of Whitchurch, and other noble Lords by setting out in more detail further properties that Kew might, for example, plan for the future.

Other properties will be considered for the possibility of the grant of a longer lease when opportunities clearly present themselves; for instance, if buildings become vacant and surplus to requirements. As noble Lords know, the care and protection of Kew’s collections is one of the primary duties of Kew’s board of trustees. The board must ensure that its collections are well managed, widely accessible and secure, and provide an optimum environment for scientific collaboration and discovery. This statutory duty will entail developing contemporary world-class facilities for the collections and science research at Kew Gardens, to provide a platform for collaborative, discovery-driven, botanical science to find solutions to the urgent challenges of climate change and biodiversity loss.

As these facilities are realised over the medium to long term, this could enable other buildings to be repurposed for a means appropriate to furthering Kew’s mission and statutory objectives. These other buildings could include office accommodation which becomes surplus to requirements or is in need of significant renovation. In such cases, Kew should be able to explore options that deliver the best possible return for Kew, whether for commercial or residential letting, and which can be reinvested to further its statutory functions.

One such opportunity is 47 Kew Green. This is currently an office building for marketing and commercial staff, albeit not fit for purpose as modern office accommodation and requiring significant renovation work. Should Kew identify alternative space for staff to move out of this building into more suitable accommodation, it would be faced with a choice of renovating the building itself or finding a suitable and sensitive lessee to take the building over and improve its condition. I should add that Kew is very clear that, even with renovation, this building would not be suitable as research facilities to further Kew’s purpose—investigation and research into the science of plants and fungi. Kew may not require the office building in the future, but, equally, preventing Kew leasing it out as a business premises would restrict it, even risking that building becoming obsolete. That is clearly one of the key aims that the Bill seeks to remedy.

Another possibility is Descanso House, a grade 2 listed Georgian building on the edge of the Kew Gardens site. It is not accessible to the public and is underutilised due to its condition. It is currently office accommodation for a small number of Kew staff, with a small office let to a Kew partner on a one-year lease. It is in urgent need of repairs. If alternative office accommodation could be found, this building could be considered for refurbishment, subject to listed building consent and in accordance with guidance in the Kew world heritage site plan.

To restrict the Bill to apply solely to the residential properties would not help Kew. On the basis that the protections are already in place, which I have set out at great length—and, if I may be permitted to say, I believe those protections will be considered in the next amendment—there is no reason to distinguish between residential and commercial leaseholds. From my experience of other large estates such as Kew, I would expect a mix of leasehold lets.

I will look into the points raised by the noble Lord, Lord Campbell-Savours. I recall committing to write on the specific issue of the car park. A copy of that letter should have been placed in the Library and sent to all noble Lords, but I will check. I know I signed the letter, so I am confident that—

Baroness Kramer Portrait Baroness Kramer (LD)
- Hansard - - - Excerpts

To reassure the Minister, I certainly received a copy of it; I believe my noble friend did as well. I do not know whether other noble Lords did, but it was an extremely reassuring letter.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

I will look at Hansard again, because if the noble Lord, Lord Campbell-Savours, thinks that I have not attended to other matters, I of course shall.

On the question of the framework document, Kew is protected but it is absolutely essential that there is rigour in that document, given the use of public money, over the arrangements between the sponsoring department and Kew. All noble Lords would be displeased if there were not confidence that there was rigour in the custodianship of public money. I do not resile from the fact that it is important that there is this arrangement between Defra and Kew. From my experience, the relationship between the two is proper, but with a mutual respect that we understand absolutely the functions that the trustees and the executive undertake on our behalf.

Lord Campbell-Savours Portrait Lord Campbell-Savours
- Hansard - - - Excerpts

The Minister has to accept that what we are discussing today in the Bill is on the basis of the framework document that we can now see. We do not know what the framework document will say in 15 years’ time, yet we are carrying the Bill today.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

My Lords, with the greatest of respect, none of us can command the certainty of what our successors may do. We are here, doing what we can. That is why I am pleased that in the next amendment we will be discussing our protections, which I have already outlined in considerable detail. I have taken great care and attention when discussing this with the trustees and the executive, all of whom have the ultimate bona fides with regard to the future of Kew.

I believe that Parliament, in its scrutiny, is undertaking what is right: the Bill gives Kew the capacity to reduce its maintenance liabilities and running costs, which must be desirable. It generates additional income from property that will help Kew to achieve its core objectives—which is desirable—maintain its status as a UNESCO world heritage site, and to improve the quality of its estate. I do not mean to be facetious, but resources are not infinite. I do not yet know any noble Lord who truly thinks that we have infinite resources, however wonderful Kew is. Therefore this approach must be right. I go to Kew often, and there are buildings there which we are not looking after as well as any of us would wish. This is what Kew wishes us to do, because this is the way that will help it to fulfil its statutory functions.

I say in particular to the noble Baroness, Lady Jones, that, having spoken to those at Kew, I have given examples of buildings that they believe could be better suited to a commercial let but with all the current protections and what I believe we may well go on to. I therefore respectfully ask the noble Baroness to withdraw her amendment.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch
- Hansard - - - Excerpts

My Lords, I very much welcome the steps the Minister has taken to listen to the concerns that have been raised around the Chamber in the earlier debates and again today. I know that he has done his best to answer all the issues that we have thrown at him over that period, and he has done so again today. It was helpful to hear the examples that he gave. I felt that in earlier debates there was a bit of a black hole, but he has populated that black hole with some credible examples. None of us wants buildings on the site left empty, obsolete or run down, and if there is a plan to deal with those in a constructive way, I think we would all want that to happen.

My noble friend Lord Campbell-Savours was right to say that the lawyers will pore over these debates in years to come, so it has been helpful to have that on the record as Kew’s general intent. The Minister caveated his comments by pointing out that we will shortly have another debate. On the basis that there is more than one way to skin a cat—this was only one way and another is coming up—I beg leave to withdraw the amendment.

--- Later in debate ---
Lord Whitty Portrait Lord Whitty (Lab)
- Hansard - - - Excerpts

My Lords, while moving Amendment 2, which is in my name and that of my noble friend Lady Jones, I will also speak to Amendment 3—the two are clearly interdependent.

Your Lordships may recall that I expressed my attachment to Kew, its history, scientific excellence and amenity value, and to its aspect and its contribution, as my noble friend Lord Campbell-Savours, said, to that beautiful stretch of the Thames. None of us wishes to prejudice any of that. We want to preserve all those outcomes and benefits, but I recognise that to do so costs money. I was, like the Minister, responsible for Kew for a number of years, and understand that we need to increase the private money going into it. I recognise that the 31-year restriction on the lease was an inhibition on raising some of that money.

However, as my noble friends Lord Campbell-Savours and Lady Jones said, the Bill presented to us was very open-ended and was not restricted to the seven Kew Green properties but applied to any form of asset, building or land within the Kew estate. I therefore clearly felt, as did many other contributors to that debate, that we needed to place some restriction on how leases could be extended. I recognise the need for resources and to update some of the estate, but we need to be pretty firm in ensuring that such leases as are granted by virtue of this very short and apparently innocuous Bill are preserved and that Kew can continue to provide both scientific excellence and amenity value to our people—indeed, to the planet as a whole, because Kew’s contribution to botanical science is a very important element in biodiversity and climate change strategies.

As noble Lords will recall, in Committee I produced an amendment which I thought was pretty good and nailed the restrictions necessary. It referred to any such lease having to be,

“supportive of, or be compatible with the core botanical, scientific, environmental, educational and amenity activities of”,

Kew. I thought that was pretty clear, but since then, after consultation with lawyers—both mine and the department’s—it has become clear that that is too generalised and must be anchored in existing legislation to which future generations can refer. I therefore welcome the discussion that the Minister had and allowed his officials and Kew officials to have with me so that we could come up with a form of words which I hope meets all the concerns expressed by my noble friend Lord Campbell-Savours and others. There is concern in the community around Kew, in the scientific community and in the minds of those who use Kew for recreational purposes that if we allow any open-ended leases, there will be developer interest, with the disastrous effect that we have seen on other stretches of the Thames applied to this very special piece of ground.

I therefore accept the advice of the lawyers to a large extent and have attempted in my amendments to place restrictions on future leases in terms, on the one hand, of the universal World Heritage Site provisions, which are pretty clear and, on the other, under the National Heritage Act, which includes the six principles under which the trustees of Kew are supposed to operate, to which the noble Viscount, Lord Eccles, referred at earlier stages. That pretty much covers the basis on which we must ensure that restrictions are placed on leases.

The amendments place the obligation on the Secretary of State, who would grant the leases, and therefore on the lessee, who would have to abide by the restrictions required by the Secretary of State. That may not be 100% watertight, but it is much more watertight than the original Bill and, I think, reflects many of the assurances which the Minister has tried to give us today and at earlier stages of the Bill. I think we can move forward with confidence and avoid the kind of intrusion on, and misuse of, the assets and land at Kew that some of us have feared. I beg to move.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

My Lords, I think that it would be helpful to your Lordships if I confirmed that the Government support both amendments.

Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

My Lords, I hesitate to intervene, particularly after what my noble friend on the Front Bench said. I assure the House that I will not inflict a Second Reading speech on noble Lords.

I proposed the Bill kindly taken up by the Government, which has become the Kew Gardens (Leases) (No. 3) Bill. Therefore, in some senses, I am a guilty party. I apologise for the fact that, because the Bill was taken up at short notice, I could not be present either at Second Reading or in Committee. Having read the proceedings carefully, I express my thanks to all those noble Lords who have demonstrated their love for Kew and their concern for it and its importance as a world heritage site and a world scientific centre. The words used by Peers on all sides of the House have been wise and shown a duty of care. My noble friend on the Front Bench has been wise in negotiating and listening to come forward with a compromise, which I hope will satisfy the House.

I have been in the two buildings mentioned by my noble friend in the debate on the previous amendment. There is no doubt that they have a better longer-term purpose. Something was said about how people may construe the intentions of Parliament—indeed, those of all concerned. When I had the honour some years ago of being the leader of the local authority, I walked the grounds with Mr Deverell, the truly outstanding director of Kew. We discussed this problem and these propositions, which eventually led to the Bill. With the benefit of those private discussions over a number of years, I can assure the House that never at any stage was any intention expressed, either in private or in public, by those involved with Kew that would lead towards the kind of concerning developments rightly raised by some Members.

With that assurance, added to what I know of Kew’s intentions and the benefits that this Bill could secure for Kew, I will not trespass any further on the House’s patience. I apologise for not being present to support a Bill I proposed in my name and support wholeheartedly. I support the amendment moved by the noble Lord, Lord Whitty. Let us hope that the Bill goes forward and becomes law, to the benefit of this great institution.

--- Later in debate ---
Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

My Lords, I am most grateful for all noble Lords’ contributions. I am struck that, as is so likely in your Lordships’ House, I am looking at two former Ministers responsible for Kew and behind me on the Government Benches are two former chairmen of Kew. The noble Lord, Lord Campbell-Savours, asked: what is the worst that can happen? We have all worked tremendously hard to ensure that the amendments in the names of the noble Lord, Lord Whitty, and the noble Baroness, Lady Jones of Whitchurch, set out the right position. I am very pleased that the Government support them.

The conditions centre on Kew’s status as a UNESCO world heritage site and the functions of the board of trustees of Kew as set out in primary legislation. I was struck by what the noble Baroness, Lady Kramer, said about the political composition of the London Borough of Richmond upon Thames. Thinking back to the points made by the noble Lord, Lord Campbell-Savours, I cannot imagine any local authority of any political complexion, given all the safeguards I know there are in the borough, allowing this theoretical block of flats getting into any sort of starting stall. The point about the local authority was precisely put. I regret that my noble friend Lord True, who earlier pioneered this Bill, has only now had an opportunity to demonstrate his expertise and experience of Kew and the sorts of properties that the Bill is designed to help remedy in order to provide important resources for Kew.

I share noble Lords’ aim to protect Kew when granting these leases, and I believe that the amendment provides a robust assurance in response to many of the points raised in debate in your Lordships’ House. As I have stated before, the strong and multilayered protections already in place, together with planning permissions appropriately tailored in accordance with listed status, ensure that only development in keeping with Kew Gardens and its status as a UNESCO world heritage site will be permitted.

Kew Gardens (Leases) (No. 3) Bill [HL]

(Limited Text - Ministerial Extracts only)

Read Full debate
3rd reading: House of Lords
Tuesday 11th June 2019

(4 years, 9 months ago)

Lords Chamber
Kew Gardens (Leases) Act 2019 Read Hansard Text Amendment Paper: HL Bill 174-R-I Marshalled list for Report (PDF) - (3 Jun 2019)

This text is a record of ministerial contributions to a debate held as part of the Kew Gardens (Leases) Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Young of Cookham Portrait Lord Young of Cookham (Con)
- Hansard - - - Excerpts

My Lords, I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Kew Gardens (Leases) (No. 3) Bill, has consented to place her interests, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

--- Later in debate ---
Moved by
Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

That the Bill do now pass.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
- Hansard - - - Excerpts

My Lords, in moving that the Bill do now pass, I take this opportunity to express my gratitude to all noble Lords for their interest in the Bill and for their contributions. I am grateful for the positive engagement and support of the noble Baronesses, Lady Jones of Whitchurch, Lady Kramer and Lady Bakewell of Hardington Mandeville, on the Opposition Benches; and I thank my noble friends Lord Eccles, Lord Selborne, Lord Hodgson of Astley Abbotts and Lord True, and the noble Lords, Lord Whitty and Lord Campbell-Savours, for their active engagement and our constructive discussions. I have of course been struck by the level of support for, and the degree of close association with, Kew, including two previous chairmen of Kew and two previous Ministers who had responsibilities for it in your Lordships’ House. I also place on record my appreciation to Defra officials and those from Kew who have assisted us all.

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Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
- Hansard - - - Excerpts

My Lords, I would also like to thank the Minister and Defra officials for their time and patience in providing the very useful briefings. These were very welcome and greatly assisted the process of understanding what the Bill was about for those of us not steeped in the history of Kew. Many of your Lordships are, and it was a great comfort to know that so many Kew experts were taking part in the debate, thus ensuring that this short Bill was improved and provided the necessary requirements.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

In the spirit of what I said before, I want to place on record again that what the noble Baronesses have said is precisely what I feel we are intended to do: to look at these matters and decide a way forward. I was very pleased to play my part in getting the resolution we all wanted: to ensure that this unique scientific institution is properly safeguarded. I am most grateful to noble Lords because we have a Bill we can all be proud of.

Bill passed and sent to the Commons.

Kew Gardens (Leases) (No. 3) Bill [Lords]

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading: House of Commons
Monday 24th June 2019

(4 years, 9 months ago)

Commons Chamber
Kew Gardens (Leases) Act 2019 Read Hansard Text Amendment Paper: HL Bill 174-R-I Marshalled list for Report (PDF) - (3 Jun 2019)

This text is a record of ministerial contributions to a debate held as part of the Kew Gardens (Leases) Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
- Hansard - - - Excerpts

I beg to move, That the Bill be now read a Second time.

As the Minister in the House of Commons with responsibility for the Royal Botanic Gardens, Kew, I am delighted to present a Bill that will provide the ability to grant longer leases on Crown land there, opening new streams of revenue that will support the great British institution and enable it to flourish in the future.

Let me place on record, at the outset, my appreciation of the work of Members in this House—my hon. Friends the Member for Bridgwater and West Somerset (Mr Liddell-Grainger) and for Richmond Park (Zac Goldsmith)—who have promoted similar private Members’ Bills on Kew Gardens. I also note the keen interest of noble Lords in supporting Kew. A similar Bill was promoted by Lord True, and this Bill, before coming to this House, was amended by Lord Whitty so that he and others could be reassured in placing the duty to prevent inappropriate development at Kew unequivocally on the face of the Bill.

Indeed, I think it fair to say that the Bill has already received support from Members on both sides of the other place. Baroness Jones of Whitchurch considered the Bill, and Lord Whitty’s amendment, supported by the Government, provides a double lock on future extended leases. Baroness Kramer and Lord Rooker were pleased that the Bill strengthened the protection of Kew and allowed us to look to a future as distinguished as its proud history.

Kew is a scientific institution of the utmost importance, not only for the United Kingdom but as a global resource—the global resource—for knowledge of plants and fungi. We are facing immense challenges when it comes to the preservation of the natural world, and it is clear that there is an essential role for plants and fungi in that regard.

Stephen Pound Portrait Stephen Pound (Ealing North) (Lab)
- Hansard - - - Excerpts

The hon. Gentleman talks about Kew being a centre of scientific research. For those of us in west London not blessed with wide open spaces, Kew is a treasure house—an absolute treasure trove of delights. The recent exhibition of Dale Chihuly showed Kew Gardens at its absolute finest. I hope that I speak for everybody on the Opposition Benches when I say we entirely support the hon. Gentleman, but particularly those of us in west London who absolutely love this treasure so close to our hearts.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

The hon. Gentleman speaks well for the west London posse. He speaks very assuredly and with great passion as always for Kew Gardens, and we are grateful for that. It is a wonderful institution. I assure him that people not just in west London but across the nation want to visit it, and I hope that that is a boost to the local economy.

We are facing immense challenges in preserving the natural world. Within the challenge it is clear that there is a central role for plants and fungi, and Kew can provide answers about how plants and fungi will help us and our planet not just thrive but survive. Kew is a custodian of world-renowned collections, including the Millennium Seed Bank at Wakehurst and the Herbarium at Kew itself. The restoration and digitisation of the Herbarium will need considerable investment and will make the collection accessible globally.

Kew scientific research leads the world. With more scientists than at any time, its research is crucial in solving the challenges facing humanity today. Kew plays an extraordinary global role, in partnership with scientists, educators and communities, promoting research, education and conservation.

Kew does so much to involve the public, as we have already heard. With over 2 million visits to Kew and Wakehurst each year and around 100,000 pupils on school visits, it is building a wider understanding of plants and fungi and why they matter to us. Across the spectrum of public engagement, Kew is fostering a wider understanding of plants and fungi and why they matter to us.

Kew is not only an extraordinary scientific institution; as visitors and scientists will know, the estate includes many special buildings and structures, more than 40 of which are listed. It is a huge challenge to ensure the maintenance of these structures, which due to their historical nature is undertaken at considerable expense. We have a duty to balance public spending against priorities, and Kew is no exception. In view of Kew’s important role, DEFRA has been able to maintain funding to Kew in cash terms over this spending review period, but a key part of that was to support Kew to develop its other sources of income to deliver its ambitions.

Kew has made great strides in improving its financial sustainability. Kew’s Government grant forms just over one third of its income—37% in the 2017-18 accounts—and its mixed funding model is proving hugely successful, for example by using Government funding to leverage significant philanthropic and grant funding for renovation of the Temperate House, which reopened in 2018. Nevertheless, parts of the Kew estate, including some listed residential buildings near Kew Green, badly need investment to maintain and enhance their condition and enable Kew to realise additional income.

Attracting capital investment to refurbish buildings within the boundaries of Kew is one of the big opportunities available, but the current 31-year limit on leases imposed by the Crown Lands Act 1702 has made this difficult to realise. The Bill will allow leases to be granted on land at Kew for a term of up to 150 years. Longer leases will enable Kew to realise additional income from land and property, and will reduce maintenance liabilities and running costs. The additional income generated will help Kew to achieve its core objectives, maintain its status as a UNESCO world heritage site, and prioritise maintaining and developing its collections as well as improving the quality of its estate.

George Eustice Portrait George Eustice (Camborne and Redruth) (Con)
- Hansard - - - Excerpts

We all support the work that Kew does and obviously want to support its estate strategy and the funding, but the point my hon. Friend has just made is important. Will he confirm that this is less about income and more about capital receipts? The significance of going to a 150-year lease is that the seven or so residential properties around Kew Green can be sold on a leasehold basis. Kew Gardens is also interested in developing the car park area alongside the Thames.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

My hon. Friend speaks from experience; he knows this Bill very well. [Interruption.] Yes, very well. I agree: this is about not just income generation but cost reduction because of the maintenance costs of these properties. It is about getting capital in to help to renovate these important buildings and enable Kew to achieve its wider ambitions, so my hon. Friend is absolutely right. Of course, any development will be restricted by local planning legislation and by Kew’s provenance as a world heritage site. Many protections will be put in place, notwithstanding the need to take forward these renovation works.

The Bill has the full support of Kew’s board of trustees and residents in the Kew area, in particular through the Kew Society. It might be helpful to set out the protections that have already been alluded to, particularly to confirm that the various safeguards that apply now would continue to apply to any lease granted under the Bill.

Kew’s activities are overseen by Kew’s board and by the Secretary of State for Environment, Food and Rural Affairs. The Royal Botanic Gardens, Kew is an Executive non-departmental public body and an exempt charity. It is governed by a board of trustees established under the National Heritage Act 1983. As an exempt charity, although the Charity Commission does not regulate it, it must abide by charity law with the Secretary of State as Kew’s regulator for charity purposes. This regulation is co-ordinated between the Charity Commission and the Secretary of State.

To ensure that Kew’s operational arrangements comply with the National Heritage Act and with public and charity law, a framework document exists between Kew and DEFRA to deal with business planning, resource allocation, the appointment of board members and, pertinently, the disposition of land. Thus, at all times in the governance process, the board of Kew, the Secretary of State and DEFRA play a key role in determining the operational management, and will continue to do so in the grant of any lease under this Bill.

The Bill goes further on that point in requiring that, before granting any lease, the Secretary of State must be satisfied that the lease—and anything that the leaseholder is permitted to do with the property under the terms of the lease—would not have any adverse impact on the functions of the board of trustees as set out under the National Heritage Act.

Oliver Heald Portrait Sir Oliver Heald (North East Hertfordshire) (Con)
- Hansard - - - Excerpts

I note from the remarks of my hon. Friend the Member for Camborne and Redruth (George Eustice) that there might be some question of a car park facility. Will the Minister ensure that, so far as possible, a low-carbon transport policy is developed for Kew? It seems ironic that we would do anything else, and there should clearly be sufficient electric charging points, sufficient public transport and sufficient cycling and walking routes to ensure that this really is genuinely state of the art for the 21st century.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

My right hon. and learned Friend makes a good point, and I am sure that these matters will be given due consideration. The car park that may be envisaged in the future would need to comply with planning regulations locally, so these things would have to be considered.

Stephen Pound Portrait Stephen Pound
- Hansard - - - Excerpts

Will the Minister read into the record a fact that is known to many of us, but perhaps not to every one of the vast number of people paying attention to the debate? Anyone who emerges from the main gate at Kew and strolls less than 100 yards up the road will find themselves at Kew Gardens station, where they can take the elegant District line to almost any place that their heart desires. There is also the London Overground. No one actually needs to drive there. There are three buses that stop there and two tube stations very close by. Would he care to note that for the record?

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Noted. The hon. Gentleman is well informed, and I thank him. Of course it makes sense to use sustainable transport whenever possible, particularly when visiting Kew.

Another element of protection that will continue under the Bill is that of Kew’s UNESCO world heritage site status, and other designations that offer protection under the planning system. These will apply to any lease granted under the provisions of the Bill. Once again, the Bill goes further, requiring that before granting any lease the Secretary of State must be satisfied that the lease and anything that the leaseholder is permitted to do with the property under its terms would not have any adverse impact on Kew’s UNESCO world heritage site status.

George Eustice Portrait George Eustice
- Hansard - - - Excerpts

My hon. Friend will be familiar with the fact that it is typical with leasehold properties, particularly flats, for a leaseholder to have an entitlement to extend the lease before it reaches an 80-year cut-off period. With the type of leasehold we are discussing, will it be possible for a leaseholder to continue to extend in the normal way, or will it be a fixed term of 150 years only?

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

It would be possible to extend the lease in the normal way, except for the fact that a lease would never go beyond 150 years. There are different protections in place because Kew is on Crown land.

It is important to note that the Bill goes further on the UNESCO world heritage site status. Kew was inscribed as a UNESCO world heritage site in 2003 owing to its outstanding universal value as a historic landscape garden and world-renowned scientific institution. As a result, the UK Government, through the Kew board and the Secretary of State, have the ultimate responsibility for ensuring the protection, management, authenticity and integrity of the site. As part of its world heritage site status, Kew has a management plan to show how its outstanding universal value as a property can be served, and that includes protections and mechanisms in the planning system relating to conservation areas in the London boroughs of Richmond and Hounslow.

The Kew Gardens site is also listed as grade I on the Historic England register of park and gardens of special historical interest in England. Much of the Kew site is designated as metropolitan open land, which applies similar protection to that offered to green belt land. Forty-four of the buildings and structures within the site are listed, and Kew is part of an archaeological priority area.

All the protections mean that any building work or alterations to any leased property, including the interior declarations in some cases, would require local planning permission and compliance with the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the national planning policy framework, and the Government’s policy for the historic environment.

Finally, of course, conditions would apply to the lease itself. In accordance with the duties that the Kew board and the Secretary of State must carry out, the lease itself, while seeking to be commercial, will include any restrictions that the Secretary of State decides are required—for example, to the extension or change of use to protect Kew, its UNESCO world heritage site status, or to ensure that the functions of the board of trustees under the National Heritage Act 1983 are not interfered with in any way.

As I set out earlier, the Bill disapplies the restriction in section 5 of the Crown Lands Act 1702 in relation to the maximum duration of leases of land at Kew. The Bill will remove the limit of 31 years on leases on land at Kew and apply a maximum of 150 years, bringing Kew into line with the provisions made for the Crown Estate by the Crown Estate Act 1961. The changes provide the ability to grant longer leases on the land. The Bill will not alter the many existing protections in place for Kew and its status as a world heritage site. In fact, the Bill strengthens the protections by formalising the duty of the Secretary of State to uphold them.

All proposals for granting leases are subject to scrutiny and must go through both Kew and DEFRA’s governance and comply with the protections in the planning framework, and in every case the lease itself will contain any restrictions that may be necessary.

The Bill will ensure that Kew’s historic properties are afforded the best protection. It is all about empowering Kew to manage its assets on a sound and sustainable commercial footing to enhance the estate and to pursue its core objectives. Kew’s trustees need the Bill to do what is necessary for the future of this national institution, which is part of our shared global heritage.

The modest dimensions of this two-clause Bill belie its importance in helping to safeguard Kew and its invaluable work. This is an opportunity for us to support Kew’s mission, because enabling Kew to maintain and enhance all parts of its estate will be crucial to its long-term success and to its global role in addressing today’s challenges for plants, fungi and humankind.

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David Rutley Portrait David Rutley
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With the leave of the House, I will respond to the debate. Indeed, it is my pleasure and privilege to do so. I think there was one other Bill that the hon. Member for Stroud (Dr Drew) had in mind as well.

David Drew Portrait Dr Drew
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The Bill on animal sentience—I could throw that in there as well.

David Rutley Portrait David Rutley
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There we go. As the hon. Gentleman knows, I am a reasonable man, and I am trying my best to move forward with this legislation. With support from the Opposition, Government Members and those across the House, we are making progress. Hopefully we can make more.

The hon. Gentleman is right to say that it is appropriate to hold the Bill’s Second Reading ahead of the climate change debate. I wish to join him in welcoming the hon. Member for Midlothian (Danielle Rowley) to her place. It is also good to see my hon. Friend the Minister for Energy and Clean Growth in his place for what will be another important speech.

I want to respond to many of the points made in the debate. With characteristic enthusiasm and passion, the hon. Member for Ealing North (Stephen Pound) has persuaded people at Kew in no time at all that it is entirely appropriate for a group of MPs to come along. They would indeed like to extend that invitation to Members here, so I hope that he can join us on that occasion. It is rare for our suggestions to be put into action so quickly, but the hon. Gentleman has managed it.

My right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) mentioned low-carbon transport. Kew’s transport policy is, of course, not within the scope of the Bill, but we will pass on his comments to people there. My hon. Friend the Member for Camborne and Redruth (George Eustice) talked about extending the leases; I responded by saying that leaseholders could apply to replace the original lease with a new one of no more than 150 years. The hon. Member for Stroud also asked which properties would be included.

My hon. Friend the Member for Richmond Park (Zac Goldsmith) made a very important speech; I say a huge thank you to him for his remarkable work and support for Kew over the years. He also does a huge amount on the wider debate about biodiversity and climate change, for which many Members—not least DEFRA Ministers—are extremely grateful.

Of the properties that we are talking about today, five are currently let on a one-year lease following renovation work, partly funded by a loan, and two are unoccupied and require substantial renovation to bring them up to a habitable condition or make them fit to become office accommodation. In the first instance, Kew would like to focus on that portfolio of properties, particularly the unoccupied properties. That portfolio can itself generate a capital sum or remove liability for renovation or maintenance works—a cost avoidance of about £15 million over a 10-year period.

The hon. Member for Stroud also asked about funding and what would be done with it. The Government’s intention is for Kew to receive the income to support its mission, including investment in its infrastructure and the quality of the world heritage site itself. Although I cannot prejudge the outcome of the forthcoming spending review, the importance of Kew’s mission and of securing the institution’s future means that my Department will be working closely with Kew to put forward the strongest possible case. That includes significant investment in digitising Kew’s herbarium collection, which the hon. Gentleman called for and which my hon. Friend the Member for Richmond Park said was so important, so that it can be conserved securely and be globally available.

Kew’s work is vital for our biodiversity and in tackling climate change. The hon. Gentleman can be assured that we will push hard to get the right funding for these tasks. It is vital that we get behind that work and further support Kew, because it is a global centre of knowledge about plants and fungi, and that should never come under any question. Given my remarks, I hope that the hon. Gentleman and other Members will be assured that we are in this for the long term. We need Kew to thrive and survive, and the Bill will help it do just that.

I hope that Members are now fully aware of the necessity of the Bill and the benefit that it will bring to the Royal Botanic Gardens, Kew, and the wider role played by Kew generally. I also hope that hon. Members feel reassured that proposals under any new lease will be subject to scrutiny by trustees, the Secretary of State and through the planning process with the local planning authority, as well as being in line with Kew’s world heritage site management plan.

It is an honour to have participated in this debate. We care passionately about Kew, and we are grateful to the team there for their important work—I think everybody would echo that—and for their sheer enthusiasm.

Stephen Pound Portrait Stephen Pound
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Long may they flourish!

David Rutley Portrait David Rutley
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Long may they flourish, grow and prosper—absolutely. Their enthusiasm is infectious, and we are grateful for it. We want them to continue to succeed in the work they do. I hope the Bill will continue to make positive progress through Parliament, so that we can take this work forward.

Kew Gardens (Leases) (No. 3) Bill [Lords]

(Limited Text - Ministerial Extracts only)

Read Full debate
3rd reading: House of Commons & Legislative Grand Committee: House of Commons
Wednesday 24th July 2019

(4 years, 8 months ago)

Commons Chamber
Kew Gardens (Leases) Act 2019 Read Hansard Text Amendment Paper: Legislative Grand Committee (England) Motion - 24 July 2019 (PDF) - (24 Jul 2019)

This text is a record of ministerial contributions to a debate held as part of the Kew Gardens (Leases) Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lindsay Hoyle Portrait The Chairman
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With this it will be convenient to consider clause 2 stand part.

David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
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Kew is a scientific institution of huge importance. As the global resource for knowledge of plant and fungal diversity, it plays a critical role in addressing the unprecedented scale and pace of threats facing the natural world, and indeed humanity, including the threat of climate change. It is fitting that our Secretary of State delivered his flagship environment speech last week at Kew. The fundamental purpose of the Bill is to help Kew to invest and support its vital mission in a way that also maintains and enhances this outstanding world heritage site.

The Bill amends restrictions on leases on the Crown land on Kew Gardens estate. Currently the Crown Lands Act 1702 limits leases at Kew to just 31 years; the clause amends those provisions, allowing leases up to 150 years, in line with provisions made for the Crown Estate in 1961. Clause 1(2) disapplies the 1702 Act in relation to leases granted under this Bill. The change will allow Kew to generate revenue to improve the quality of its estate and thereby to support its vital scientific mission and retain UNESCO world heritage site status. All proposals for granting long leases will be in line with Kew’s world heritage site management plan, and Clause 1(3) goes further on this point.

Clause 1(3), as amended in the other place, requires that before granting any lease the Secretary of State must be satisfied that the lease, and anything that the leaseholder is permitted to do with the property under the terms of the lease, would not have any adverse impact on the functions of the board of trustees, as set out under the National Heritage Act 1983. The Secretary of State must also be satisfied that the lease would have no adverse impact on the world heritage site status. The changes do not allow the sale of the freehold of Kew land. Furthermore, the Bill will not change the freehold position of the land, which remains with the Crown; it simply provides the ability to grant longer leases on the land.

Proposals for leases will be subject to scrutiny by Kew trustees and finally signed off by the Secretary of State. Proposals for the development of existing properties and new developments will require permission from the local planning authority advised by Historic England in consultation with local residents and other stakeholders, as well as the Kew trustees. That is unchanged from the existing governance processes.

Clause 2 is a standard provision. Subsection (1) sets out that the Bill extends to England and Wales only, this being the legal jurisdiction for property in Kew. However, the Bill applies only to Crown land at the Royal Botanic Gardens, Kew. Subsection (2) sets out the arrangements for the commencement of the Bill, two months following the day on which it is granted Royal Assent. Subsection (3) sets out the Bill’s short title once it has become an Act on Royal Assent. This provides the abridged title as opposed to the long title found in the preamble. The short title of this legislation will be the Kew Gardens (Leases) Act 2019. For the reasons I have set out, I urge that these clauses stand part of the Bill.

Luke Pollard Portrait Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
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I am pleased to speak in support of this Bill. I will start by restating what my hon. Friend the Member for Stroud (Dr Drew) said on Second Reading—that Ministers can rest at ease, because the Opposition have no intention of dividing the House on this issue. Indeed, this is a Bill that we support and encourage the Government to get on with as fast as they can.

The Bill has been a long time in the making, with previous Bills started by the hon. Members for Richmond Park (Zac Goldsmith), the hon. Member for Bridgwater and West Somerset (Mr Liddell-Grainger) and Lord True. We are pleased that we have managed to come so far on this occasion, and we hope the Bill will pass all its remaining stages in the Commons today.

It is important to remember that the Bill goes back to the difficulties that Kew Gardens faced in 2014, when there was a potential funding crisis. The then director saw that Kew could lose up to 150 research staff, which would have been a tragedy given its international importance—not just for public access, but as the world’s most important research institution in the areas that Kew covers. The Select Committee on Science and Technology noted at the time that Kew had difficulties transitioning away from its pure state funding model to one where it is more self-sufficient.

Kew Gardens is not only an incredible tourist attraction but an international centre of expertise and something that this country should be very proud of. I remember my last visit to Kew Gardens; I was in awe of the natural diversity that thrives in that corner of green in this metropolis of hustle, bustle, concrete and steel. The seeds and samples at Kew are unique and preserve for the future a vital resource for scientists working on tracking biodiversity. The world’s largest herbaceous borders at Kew are also pretty incredible. I can only imagine the weeding and pruning that is required to keep Kew looking so inspirational and attractive. I sometimes struggle with my little garden in Plymouth, but this is on a very different scale indeed.

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Lindsay Hoyle Portrait The Chairman
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The hon. Gentleman is now stretching things, so I am going to call the Minister to speak.

David Rutley Portrait David Rutley
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Thank you, Sir Lindsay. I have an important announcement to make to the Committee, on the back of the significant points that have just been made by the hon. Member for Glasgow North (Patrick Grady). I can confirm that, as he will see when he next visits Kew Gardens, there are goldfish there. I am glad that I can answer these important questions of the day that he raises.

I am grateful for the sincere co-operation of Members across the Committee, including the Opposition Front Benchers. The hon. Members for Stroud (Dr Drew) and for Plymouth, Sutton and Devonport (Luke Pollard) have asked some important questions, and I am grateful to them for their support. I will respond briefly to their points. The hon. Member for Plymouth, Sutton and Devonport mentioned the concerns that the Select Committee raised back in 2014-15. In 2015 Kew published its science strategy, “A Global Resource for Plant and Fungal Knowledge”, which set out clear research priorities, including research programmes. The delivery of those programmes was all subject to funding and progress has been made on many of those priorities. Kew will be refreshing its corporate strategy and its science strategy in 2020, and that work is well under way.

The hon. Gentleman asked where the extra funding would go. I can assure him that it will go to help underpin Kew’s core priorities and what it is seeking to accomplish, in England and more widely, not least in Scotland and the wider world. I can assure the hon. Member for Stroud that the funding does incorporate significant investment in digitising Kew’s herbarium collection, which is important to him and to all of us, because we want to ensure that it is conserved securely and made globally available. Importantly, it will be available online.

The funding will help Kew in its ambition to increase further its self-generated revenue and become more financially self-sufficient. I understand that it will not be used directly to reduce funding; this is to help it achieve its ambitions to grow its funding further. What is reassuring to hon. Members is that since 2009-10 we have seen the grant in aid funding from DEFRA increase from £28.6 million to £40.8 million, and at the same time—this is credit to the team at Kew—Kew’s self-generated income has increased from £20 million to £70 million. This is therefore part of an ambitious and much wider scheme to help move things forward.

The hon. Member for Plymouth, Sutton and Devonport was absolutely right to mention green spaces. Yes, they will be protected. The leases are around peripheral buildings at this stage and will not affect the core purpose. As I have said already, the funding will be used for the core purposes that are so vitally important for all that goes on at Kew.

The hon. Gentleman raised the issue of the entrance fee. The Natural History Museum and others are designated as national museums and are sponsored directly by the Department for Digital, Culture, Media and Sport, although they do get funding from special exhibitions. Kew is different, and the admission and membership fees there help to raise much-needed funds of £18 million. The broader discussion about how that would shape things is for some point in the future and is certainly not for this Bill. It is good to know that the board is making significant steps forward.

The other point the hon. Gentleman raised was about extra funding from DCMS and elsewhere. He may be aware that it already receives £3 million of official development assistance funding administered from the Department for Environment, Food and Rural Affairs. Those are important issues, and it is worth noting that there will be a visit in due course so that Members from Scotland and elsewhere can come and see all that Kew has to offer. We will talk more about that later on.

The Bill is not large, but its impact is significant. It will enable the release of value from land and property at Kew Gardens through a variety of commercial options, such as long leases for residential or office use. It will also reduce maintenance liabilities and running costs and enhance the site through restoration and ongoing maintenance. It will help Kew in its ambition to further increase its self-generated revenue and become more financially self-sufficient. For those reasons, I hope that the Committee will approve the Bill.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Consideration of Bill, not amended in the Legislative Grand Committee (England)

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Patrick Grady Portrait Patrick Grady
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The hon. Lady raises an important point. I do not intend to detain the House desperately long. I want to ensure that that debate can be had. It is particularly relevant, of course, to Members from England and Wales. We just had a procedure of the so-called English Parliament. This was what was supposed to happen as a result of the independence referendum and the reform of devolution, but it is patently failing, as she demonstrates. There are only two amendments, however, and I am speaking about the second, so her patience should not be tested for too much longer.

One of the key points is that the leases will raise money. That money will generate tax take, that tax take will go to the Treasury, and that money will eventually work its way into public expenditure, first through the UK consolidated fund, and then, presumably, some of it will end up in the Scottish consolidated fund through the Barnett formula. This has been the crux of our problem with the EVEL procedure from the very start—We do not see the full consequences and knock-on effects. That is why the amendment suggests that the Minister make an estimate or report on the sums expected to accrue to the Treasury as a result of any lease granted.

We were told when the EVEL procedure was introduced that we would be able to scrutinise all these things through the estimates process, but this is not the only time my hon. Friend the Member for Perth and North Perthshire has been called out of order and required by the Chair to resume his seat, because previously when he tried to talk about estimates, he was also ruled out of order and was unable to speak. There has been a small reform to the estimates process, which we have welcomed, but it is still not sufficient for us to have the kind of say we want. We cannot table meaningful amendments and the subjects and time available for debate are still limited.

We are demonstrating, even in the frustration of the hon. Member for High Peak (Ruth George) about the squeeze on the important debate to follow on youth services in England, the fundamental failures, first of the EVEL system, and secondly of the overall impact of the attempt at reform and the potential silencing of voices from England and Wales. The EVEL procedure, sadly, is becoming a laughing stock. There is a risk of Parliament falling into the same trap. Certainly, laughing stocks will not be in short supply outside our doors and down Whitehall.

Politics is a bit chaotic at the moment, and these kinds of procedural shenanigans do not enhance that, but they serve to prove the point. In the interests of consensus and not delaying the Bill any further by sending it to ping-pong with the Lords, I do not intend to press my amendments, but I hope the point has been made, and I look forward to the Minister’s response.

David Rutley Portrait David Rutley
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I will be brief, because I am aware that the hon. Member for High Peak (Ruth George) and others want to get on to the next debate. I fully understand that.

I am grateful for the support we have received from the Opposition Front Benchers. In these situations, it is important to learn lessons from other hon. Members, such as the hon. Member for Ealing North (Stephen Pound), who, I always find, uses good humour, a probing wit and maximum respect for the subject and the people involved. I was getting a little bit nervous at the tone of an hon. Member whom I like, the hon. Member for Perth and North Perthshire (Pete Wishart). I was concerned that some of his understandable comments about the process were beginning to reflect on to Kew itself, so I am pleased that the hon. Member for Glasgow North (Patrick Grady) clarified that that was certainly not the case. One thing’s for sure—Kew is certainly not a laughing stock. It is a much valued asset, and I am pleased he reinforced that.

Amendment 1 is not necessary and is not clearly drafted. Should information on the granting of a specific lease be required by anyone, including the Scottish Government Cabinet Secretary for Environment, Climate Change and Land Reform, in line with the Land Registry publication requirements, the price paid for the lease and the relevant details of the leaseholder and the lease document itself will be available from the Land Registry when the lease is registered. I think the hon. Gentleman is aware of that. It is unclear what information the amendment would require to be in any report, but information on a lease, including price and lease conditions, will be available to the public and any Government Minister.

On amendment 2, under the National Heritage Act 1983 a statement of accounts for Kew is prepared, examined and certified in respect of each financial year. This annual report and accounts is reviewed by the Comptroller and Auditor General—the head of the National Audit Office—and laid before each House. Details of Kew’s income, including Government, commercial and charitable donations, are set out in the report, which is a public document. As already stated in the other place, income received by Kew in respect of those leases will be reflected in the report.

I hope that assures the hon. Gentleman that the issue has been taken care of. He was probably already aware of the points I have made, and he has had an opportunity to make his wider points, so, for the benefit of this particular Bill and the impact it will have on the Royal Botanic Gardens, Kew, I ask him to withdraw his amendment.

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Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
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Consideration completed. Does the Minister intend to move the consent motion for the Legislative Grand Committee?

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(3)).

[Sir Lindsay Hoyle in the Chair]

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David Rutley Portrait David Rutley
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I beg to move, That the Bill be now read the Third time.

I am pleased to move the motion for the Third Reading of the Bill, which will provide the ability to grant leases of up to 150 years on Crown land at Kew Gardens, opening up new streams of revenue that will support this great British institution and world heritage site to flourish.

Kew is a scientific institution of towering importance, not only for the UK but as a global resource for authoritative specialist knowledge on plant and fungal diversity and its role in supporting essential ecosystems, which play a critical role in addressing the unprecedented scale and pace of the threats facing the natural world and indeed humanity. Kew is custodian of one of the largest and most diverse collections of plant and fungal specimens, living and preserved, collected from around the world over 170 years, with 25,000 specimens added each year from the Millennium Seed Bank at Wakehurst to the herbarium at Kew itself.

These collections are of immense use and fundamental importance to science in determining how species differ and develop, and which ones are threatened by extinction—an issue of grave international concern. To restore and digitise this incredible collection to make it accessible across the world requires considerable investment, as has been set out. This Bill will enhance Kew’s ability to attract non-governmental funding, providing further income for these and other important investments.

Kew is home to more scientists than ever before, working in partnership with scientists, educators and communities to promote research, education and conservation. And Kew does much to involve the public too: we make more than 2 million visits a year to Kew and Wakehurst, and around 100,000 pupils learn from its many wonders on school trips. Across the spectrum of public engagement, Kew is fostering a wider understanding of plants and fungi and why they matter to us.

I am delighted by the support from parliamentarians in the Second Reading debate, and an invitation has been extended for interested parliamentarians across the board to visit Kew on the morning of 9 October from 8.45 to 10.45; hopefully they will have received the invitation already. I am still more delighted that the Government have had the opportunity to bring this Bill forward, building on the efforts of those who have promoted similar Bills on Kew through the private Member’s Bill route: my hon. Friends the Members for Bridgwater and West Somerset (Mr Liddell-Grainger) and for Richmond Park (Zac Goldsmith) and Lord True in the other place. In the other place the Bill was amended by Lord Whitty to ensure robust protection for Kew’s core functions and the world heritage site. I am grateful to Members in this House and noble Lords in the other place for their contributions.

I extend my thanks to the team at Kew, including the trustees, for all they do, as well as the officials on the Bill team, my private office, the Parliamentary Private Secretaries, the Whips on both sides and of course the Clerks for their work and support on this issue.

As the Minister in the Commons with responsibility for the Royal Botanic Gardens, Kew, it has been an honour to lead on this Bill. Our debate in this House has enabled me to underline the global importance of Kew and the Government’s commitment to its future. I believe that the Bill’s progress through both Houses has been a model of Parliamentary process, working together effectively to ensure that the Bill is fit for purpose. I look forward to the Bill’s speedy progress towards Royal Assent.