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Alison McGovern (Wirral South) (Lab)
1. What recent assessment he has made of the effects of the Government’s economic policies on Wales; and if he will make a statement.
Mr Peter Hain (Neath) (Lab)
3. What recent assessment he has made of the effects of the Government’s economic policies on Wales; and if he will make a statement.
Wayne David (Caerphilly) (Lab)
5. What recent assessment he has made of the effects of the Government’s economic policies on Wales; and if he will make a statement.
Susan Elan Jones (Clwyd South) (Lab)
11. What recent assessment he has made of the effects of the Government’s economic policies on Wales; and if he will make a statement.
The Secretary of State for Wales (Mr David Jones)
Before answering the question, I wish the House dydd gwyl Dewi da or a very happy St David’s day for Friday.
The Government are committed to delivering the plan that has cut the deficit by a quarter and given us record low interest rates and a record number of jobs, benefiting families and businesses in Wales. Moody’s decision to downgrade the UK Government bond rating is a reminder of how important it is to fix the country’s finances and a warning to those who think that we should simply borrow more.
Alison McGovern
What is good for the economy of north Wales is good for Merseyside and what is bad for that economy hurts us too. The fact that 1,240 more people are in long-term unemployment in north Wales than a year ago does not give me hope for the economy of my constituency. What is the Secretary of State going to do about that?
Mr Jones
The hon. Lady is entirely right that the economies of north Wales and Merseyside are inextricably linked. The Government have created more jobs since we came to power. The rate of employment has increased by 1.6%. She should bear it in mind that the Welsh Assembly Government are responsible for economic development in Wales. They should therefore align their policies closely with those that this Government are pursuing.
Mr Hain
Will the Secretary of State admit that his economic policies are failing Wales disastrously? His new jobs are a mirage. One new worker in 10 is underemployed. They are part-timers seeking full-time work or temporary workers who want a proper job. There are underemployed breadwinners who are struggling to put food on the table and heat their homes. That is contributing to the 200,000 children who are living in poverty in Wales. Why does he not apologise for that shameful record?
Mr Jones
I will take no lessons from the right hon. Gentleman, whose party oversaw the trashing of the British economy and was responsible for the mess that we are having to clear up. The Government have created more than 1 million private sector jobs since we came to power, against the international trend, and we are proud of that.
Wayne David
Will the loss of the triple A status of the British economy be bad or very bad for Wales?
Mr Jones
The loss of the triple A status is a stark reminder of how important it is to develop sensible policies to fix the economy. I remind the hon. Gentleman that Moody’s recognises that the UK’s creditworthiness remains extremely high and points to the strong track record of fiscal consolidation. Were it not for that, we would be on a negative outlook, rather than a stable one.
Susan Elan Jones
I am glad to see that the Secretary of State is reading from a script today. No doubt, he is not trusted to make off-the-cuff comments again. I wish him a dydd gwyl Dewi hapus. What will life be like from April, after dydd gwyl Dewi, for the 170,000 working families who will lose their tax credits thanks to his Government, who prefer to give the money to millionaires?
Jonathan Evans (Cardiff North) (Con)
What recent assessment has my right hon. Friend made of the prospects for the Welsh house building industry?
Mr Jones
The house building industry is extremely important in Wales and a major driver of economic recovery. I was therefore disappointed to read today the comments of Steve Morgan, the chairman of Redrow plc, Wales’s largest building company, who says that the Welsh Government’s housing policies are potentially “catastrophic” for the industry, with the new regulations made in Cardiff likely to add £11,000 to the cost of a three-bedroom house. At a time when Welsh builders need work and Wales needs more homes, that cannot be right. I consequently urge the Welsh Government to align their policies with those of my right hon. Friend the Secretary of State for Communities and Local Government.
Alun Cairns (Vale of Glamorgan) (Con)
Although unemployment in the Vale of Glamorgan is well below the national average, Barry still needs to attract private sector investment. Ten years ago, Barry was left out of the assisted areas map, which sadly has led to its increased decline. Will the Secretary of State work with the Welsh Government to ensure that Barry receives assisted area status this time around?
Mr Jones
The Wales Office is in discussion with the Department for Business, Innovation and Skills and the Welsh Government about the assisted areas map for 2014 to 2020, but the decision on which sea areas are awarded assisted area status will be determined by the Welsh Government, subject to criteria set by the European Commission. I am sure they will listen to what my hon. Friend has to say.
Glyn Davies (Montgomeryshire) (Con)
No coalition Government policy has a greater economic impact on Wales than increasing the spending power of the poorest through raising the tax-free allowance. Will my right hon. Friend tell the House how many people the coalition Government have lifted out of paying tax in Wales over the past two years?
Roger Williams (Brecon and Radnorshire) (LD)
The Welsh economy benefits from students from developing countries attending our excellent universities. Following the Prime Minister’s visit to India, will the Secretary of State join our universities in telling students from India, China, Malaysia and Indonesia that Welsh universities are open and that they would be welcome to study there?
Mr Jones
Higher education is a major export earner for Wales and, of course, for the United Kingdom as a whole. During his recent visit to India my right hon. Friend the Prime Minister made it clear that there is no arbitrary limit on the number of students who can study in the UK, provided they have the necessary qualifications and can speak the language. They are more than welcome to come to the UK.
Owen Smith (Pontypridd) (Lab)
Last week the Joseph Rowntree Foundation warned that Wales faces a decade of destitution as a result of policies pursued by this Government, and the Welsh Government said that £600 million is being taken out of the pockets of ordinary Welsh people. Is the Secretary of State telling the Prime Minister and his Cabinet colleagues what people are saying about his Government in Wales, or is he just there to cheerlead for policies that are hammering his country?[Official Report, 28 February 2013, Vol. 559, c. 7-8MC.]
Mr Jones
If this Government were to pursue the policies advocated by the Labour party and try to fix a debt crisis simply by borrowing more, the plight of the individuals whom the hon. Gentleman mentions would be infinitely worse. So far we are providing 109,000 additional jobs for the people of Wales, and we are reducing their tax bills and doing our best to ensure that they get sustainable private sector jobs. The hon. Gentleman has no answer to that.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
2. What recent discussions he has had with the Secretary of State for Work and Pensions on the roll-out of universal credit in Wales.
Chris Evans (Islwyn) (Lab/Co-op)
7. What recent discussions he has had with Secretary of State for Work and Pensions on the roll-out of universal credit in Wales.
The Parliamentary Under-Secretary of State for Wales (Stephen Crabb)
The Wales Office has regular discussions with the Department for Work and Pensions on the roll-out of universal credit in Wales to ensure its successful implementation.
Stephen Doughty
The Minister of State, Department for Work and Pensions, the hon. Member for Fareham (Mr Hoban), recently told me that there would be “no big-bang effect” on the finances of housing associations and landlords across Wales as a result of the Government’s policy. Yet Moody’s has placed housing associations on downgrade review, not just this Government, and the NHS is warning of a massive increase in rent arrears. When will he and the Secretary of State for Work and Pensions get a grip before there are devastating impacts across Wales?
Stephen Crabb
I simply do not accept much of the scaremongering from the hon. Gentleman and his colleagues. We are in close discussion and consultation with housing associations and local authorities across Wales that are key stakeholders. We expect 200,000 households in Wales to see an increase in their average entitlement of around £160 per month as a result of universal credit.
Chris Evans
Seventy per cent. of council tenants in Crumlin in my constituency will lose out because of the bedroom tax and the roll-out of universal credit. With council services stretched to the maximum, is the Secretary of State concerned that vital services will be cut locally across Wales, as well as homelessness increasing?
Stephen Crabb
I will make the same point to the hon. Gentleman: the Government simply do not accept the catastrophic scenarios that Labour Members are trying to communicate. Universal credit will be a major tool in creating new incentives to work and raise employment levels in Wales. Let us not forget that Labour’s legacy in Wales was 200,000 people who have never worked at all. He should feel angry about that.
Nia Griffith (Llanelli) (Lab)
Disarray on universal credit means that children in Wales still do not know whether they will lose their free school meal entitlement, and some families in Wales will be better off not seeking more work because they would have to earn an additional £1,500 per child to make up for the loss of school meals. What is the Minister doing to safeguard free school meal entitlements for children in Wales?
Stephen Crabb
The hon. Lady makes an important point. The Government take seriously concerns about high child care costs. On her specific point on passported benefits, of which the free school meal is one, we are in close discussions with Welsh Government Ministers. We are making good progress on resolving the outstanding questions. I will write to her with further information.
David Rutley (Macclesfield) (Con)
4. What recent discussions he has had on the roll-out of superfast broadband in Wales.
The Secretary of State for Wales (Mr David Jones)
The Government have demonstrated our commitment to superfast broadband by providing £150 million across the UK to fund super-connected cities including Cardiff and Newport, and almost £57 million to the Welsh Government to ensure that broadband access is available to homes and businesses in the hardest-to-reach parts of Wales.
David Rutley
Will my right hon. Friend assure the House that the Government’s aim is to provide a truly modern digital infrastructure that does not leave behind rural communities in Wales—and, for that matter, in Macclesfield?
Geraint Davies (Swansea West) (Lab/Co-op)
Even though there is a lot of rain in Swansea, the council wants to create a new cloud over Swansea—a wi-fi cloud. Will the Minister meet me and the council to discuss the prospect of super-connectivity for Swansea in the forthcoming Budget, so that the sun continues to shine through the clouds, and we can bathe in the glory of being League cup winners?
Mr Mark Williams (Ceredigion) (LD)
This Government are committed to broadband, but does the Secretary of State share my bewilderment—and that of many of my businesses and farmers in the Ceredigion constituency—at the Welsh Assembly Government’s curious prioritisation, which means that some rural and hard-to-reach areas of Wales will not benefit from broadband initiatives for two years?
Mr Jones
It is good to see my hon. Friend speaking up for Ceredigion on Ceredigion day. A number of colleagues have commented on the choice of areas for the first roll-out. Suffice it to say that Broadband Delivery UK is keeping a close watch on how that develops, and I will speak to it on that very issue.
Paul Flynn (Newport West) (Lab)
Because of the lack of coverage on main-line televisions, many of us had the great joy at the weekend of watching Swansea’s triumph on broadband. Will the Secretary of State assure us that the future triumphs of Newport County, Cardiff City and Wrexham will be available on broadband?
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
6. What discussions he has had with Ministers in the Welsh Government who have partial responsibility for justice and law and order.
The Secretary of State for Wales (Mr David Jones)
I have meetings with Ministers in the Welsh Government on a wide range of issues, including justice and law and order, although they are of course not devolved.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
I will wish the Secretary of State a happy St David’s day on St David’s day and not today.
There is an all-Wales legal circuit, four excellent police forces and an all-Wales probation trust. It is high time that we devolved justice and policing to Wales. The Secretary of State will know that there is a huge clamour of enthusiasm for this move. I hope he will join it.
Mr Jones
I understand that Plaid Cymru has made its submission to the Silk commission, which will no doubt consider those proposals. It will report in spring next year. The Government have shown our commitment to devolution of policing by creating the office of police and crime commissioner, which brings policing as close as possible to the policed public.
Mr Llwyd
I heartily disagree with the Secretary of State on that—police and crime commissioners are nothing of the sort—but the obvious point is that laws in Wales are diverging naturally from those in England, including in administrative law, family law and criminal law. It is high time that the legislature in Wales had its own system. Otherwise, it will probably be the only legislature in the world without such a system.
David T. C. Davies (Monmouth) (Con)
The Welsh Assembly may be able to prevent parents from having their children educated in England and prevent patients from being treated by the excellent English national health service, but they will not be able to stop criminals crossing the border and breaking the law in England, or vice versa. Does the Secretary of State agree that it would be a disaster to devolve policing and justice to the Welsh Assembly?
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
In his discussions with Welsh Ministers, has my right hon. Friend had an opportunity to look at the costs and implications of a separate legal jurisdiction in Wales? Can he tell the House whether he favours such a separation?
Nick Smith (Blaenau Gwent) (Lab)
8. What discussions he has had with the Secretary of State for Defence on the closure of the army recruitment offices in Wales.
The Parliamentary Under-Secretary of State for Wales (Stephen Crabb)
I have discussed this issue with the Minister of State, Ministry of Defence, my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois). I was also pleased to support him when we debated this topic in Westminster Hall earlier this month.
Nick Smith
Wales punches above its weight in recruitment to the armed forces, but Government outsourcing means that half its careers offices will be closed. What assurances can the Minister give that the Army will still be able to recruit from all parts of Wales, including the valleys, after these closures?
Stephen Crabb
The hon. Gentleman is absolutely right; Wales has traditionally been a healthy recruiting ground for excellent soldiers for our armed forces, and that will continue to be the case under the new partnership between Capita and the Army on recruitment. There is a long-term trend of young people using the internet to access careers advice, and that is exactly the same with defence careers. However, this is not just about an online service, but about mobile teams getting out into the communities to enable face-to-face contact between men and women in uniform and young people who show an interest in a career in the armed forces.
Guto Bebb (Aberconwy) (Con)
9. What discussions he has had with his ministerial colleagues and others on building a new prison in north Wales; and what progress has been made.
The Secretary of State for Wales (Mr David Jones)
The Ministry of Justice is carrying out a review to examine the feasibility of constructing a new prison. I am pleased that north Wales is being considered as a possible location and reiterate my strong support for locating a new prison in the area.
Guto Bebb
I thank my right hon. Friend for his response, and I warmly welcome the possibility of a so-called “super prison” in north Wales. Does he agree, however, that while further public sector investment in north Wales is welcome, it should not detract from the need to rebalance the Welsh economy and ensure that we move away from the dependence on public sector pay in Wales?
Mr Jones
My hon. Friend makes a fair point. The new prison would provide approximately 900 new jobs of high quality, but its economic impact on the area would be approximately £17.5 million, which would itself be a stimulus to the private sector. The new prison is widely welcomed in north Wales.
Albert Owen (Ynys Môn) (Lab)
The Secretary of State said that the Ministry of Justice was reviewing the possibility of a prison in north Wales. Has the Wales Office itself identified sites? I believe, and he believes, that this would boost economic activity in north Wales. It would be good for the economy as well as the justice system.
Chris Bryant (Rhondda) (Lab)
10. What assessment he has made of the potential effect of the under-occupancy penalty on social housing in Wales.
Ann Clwyd (Cynon Valley) (Lab)
12. What assessment he has made of the potential effect of the under-occupancy penalty on social housing in Wales.
The Parliamentary Under-Secretary of State for Wales (Stephen Crabb)
Information on the expected impact of the social sector under-occupancy measure is provided in the impact assessment prepared by the Department for Work and Pensions.
Chris Bryant
Local authorities in Wales need roughly 550 new couples every year to volunteer to be foster parents. Is it not a ludicrous own goal to include potential foster families in the bedroom tax? Before Government Members start complaining about the term “bedroom tax”, let me say that I heard the Prime Minister use it. It looks like a tax, it feels like a tax and it is unfair on those who are going to have to pay it.
Stephen Crabb
The hon. Gentleman describes a reduction in Government expenditure as a tax. Opposition Members confuse their debt with their deficits and they spent 13 years describing out-of-control public spending as investment. I agree with the point made by the hon. Member for Cardiff South and Penarth (Stephen Doughty) on 5 February when he said that people who suffer from low levels of financial literacy struggle to make correct budgeting decisions. The hon. Member for Rhondda (Chris Bryant) and his party are proof of that.
Mr Speaker
The right hon. Lady’s question has been grouped. Her moment is now and we should hear from her.
Stephen Crabb
Let me start by wishing the right hon. Lady well with the important job that the Prime Minister has asked her to do on complaints in the NHS. I know that she has the respect and support of the whole House.
I understand the concerns among the disabled community about the implementation of this measure, but we are making substantial resource available for local authorities to assist with the difficult specific cases, among which I expect the disabled to be included.
Sir Tony Baldry (Banbury) (Con)
Can there be any justification for treating tenants on housing benefit in social housing differently from tenants on housing benefit in the private rented sector, and how can it possibly lie in the mouth of those who changed the law on housing benefit for those in the private rented sector to complain when we extend exactly the same provisions to those on housing benefit in social housing? Have I missed something?
Stephen Crabb
My hon. Friend highlights very well the total incoherence of Labour’s position. It is even harder to justify maintaining a subsidy for spare rooms given the country’s financial condition and the need to reduce the deficit and restore financial budgetary discipline.
Hywel Williams (Arfon) (PC)
I draw the House’s attention to the motion this afternoon and encourage right hon. and hon. Members to participate in the debate and to join us in the Lobby.
DWP Ministers tell me that no assessment has been made of the flexibility of the housing market in rural Wales in order to respond to the bedroom tax. Has the Under-Secretary made any such assessment?
Stephen Crabb
There are different types of housing stock throughout Wales, but one problem facing the whole of Wales is that of overcrowding and long housing waiting lists. It cannot be justifiable that, at the same time as people are receiving housing benefit for spare rooms, in the same streets and on the same housing estates there are houses with three or four children in the same bedroom.
Owen Smith (Pontypridd) (Lab)
How on earth can the Minister defend a policy that is unfair and unworkable and will penalise the disabled, forces’ families and foster parents in Wales? Does he deny that his Government’s own impact assessment shows that Wales will be harder hit than anywhere else in the UK? Is there not a single issue on which he and the Secretary of State will stand up for Wales?
Stephen Crabb
There is nothing caring, compassionate or progressive about walking away from our responsibility to fix the deficit and the debt. If we do not do that, the very people we will hurt in the future will be the poor and the vulnerable—the very people whom we all came into politics to defend.
Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
13. What plans his Department has to support Wales tourism week.
The Parliamentary Under-Secretary of State for Wales (Stephen Crabb)
Wales Office Ministers will undertake a range of visits to attractions across Wales to celebrate Wales tourism week and to raise awareness of the tourism industry’s vital importance to the Welsh economy.
Simon Hart
The Minister will know that catering and hospitality are vital parts of the Welsh tourism industry. With that in mind, will he welcome the creation of the Tenby hotel school and all the good it will bring to the whole of Wales? When he is next in the county, will he pay us a visit?
Stephen Crabb
I welcome that question from my hon. Friend. I will next be in the area this weekend—he and I have the pleasure and privilege of representing the most beautiful part of the United Kingdom. I very much welcome the new development he has announced; it will be a major boost to tourism not just in Pembrokeshire but across Wales.
Mr Speaker
I call Mrs Helen Goodman. No? Well, everybody is here. We are ready. Let’s get going. Questions to the Prime Minister.
Richard Drax (South Dorset) (Con)
Q1. If he will list his official engagements for Wednesday 27 February.
The Prime Minister (Mr David Cameron)
This morning, I had meetings with ministerial colleagues and others. In addition to my duties in this House, I shall have further such meetings later today.
Richard Drax
Does the Prime Minister agree that it is totally unacceptable for Members or prospective Members of this House to say anything that supports terrorism?
The Prime Minister
I absolutely agree with my hon. Friend. Frankly, it is absolutely staggering that someone is standing for public office who has said this:
“In October 1984, when the Brighton bomb went off, I felt a surge of excitement at the nearness of Margaret Thatcher’s demise. And yet disappointment that such a chance had been missed.”
Those are the words of the Labour candidate in the Eastleigh by-election. They are a complete disgrace and I hope that the Leader of the Labour party will get up and condemn them right now.
Edward Miliband (Doncaster North) (Lab)
Three years ago, the Prime Minister said that
“the first priority of any government has got to be keeping UK plc’s credit rating. That’s got to come first. It’s the only responsible thing to do.”
How is that going?
The Prime Minister
Is it not amazing that the Leader of the Opposition will not condemn someone who apparently speaks up for terrorists? Is that not absolutely disgraceful? He will have a second chance when he gets up again. The decision by the ratings agency is a reminder of the debt and the deficit problem that this country faces and, frankly, it is a warning to anyone who thinks we can walk away from it. It is absolutely vital that we continue with the work of this Government, who have cut the deficit by a quarter, with a million extra private sector jobs and interest rates at record low levels. I note that it is still his policy to address excessive borrowing by borrowing more.
Edward Miliband
I was asking about the country’s credit rating. The right hon. Gentleman used to say that our credit rating was
“the mark of trust in our economy”,
and that it was
“right up front and centre”
in
“our new economic model”.
His manifesto that he published at the general election said that safeguarding Britain’s credit rating was the very first of his “Benchmarks for Britain”, against which
“the British people…can judge the economic success or failure of the next government.”
So does the Prime Minister accept that, by the first test he set himself, he has failed?
The Prime Minister
If there is a problem of excessive borrowing, why is it the right hon. Gentleman’s policy to borrow more? That is the question that he simply has to answer. If he wants to listen to the credit rating agency, I will tell him that Moody’s said:
“Moody’s could also downgrade the UK’s government debt rating further in the event of…reduced political commitment to fiscal consolidation.”
On this side of the House, we know that that is the vital work we have to do. Will he finally now admit that he is in favour of more borrowing? Admit it!
Edward Miliband
You, Mr Speaker, always know when the right hon. Gentleman starts asking me questions that he cannot answer questions about his own record. The part-time Chancellor said that it would be a “humiliation” for Britain to lose its triple A credit rating. I know that the Prime Minister is not big on humility, but his manifesto did promise that he would be “accountable and open”, so let us give him another go. A simple question—yes or no: has not he failed the first economic test that he set out in his manifesto?
The Prime Minister
I am not arguing for one moment that the rating agency does not matter—that is the right hon. Gentleman’s argument. His argument is that the rating agency does not matter and that the answer to debt is to borrow more and not to take any responsibility for the mess they left. It is this Government who have cut the deficit by a quarter, who have a million extra private sector jobs and who have low interest rates that are vital for the future of the economy. Economies that maintain their triple A rating are those of countries such as Canada and Germany that fixed the roof when the sun was shining. Let me ask him again: why does he not admit that his answer to extra borrowing is to borrow more? Have another go: admit it!
Edward Miliband
Any time the right hon. Gentleman wants to swap places, I will happily answer the questions. He talks about borrowing. I do not know when he last checked, but the deficit is rising, not falling, this year—and, because of his failure to grow the economy, he is borrowing £212 billion more than he planned. Now, let us turn to the reasons for the downgrade. May we take it from his answers so far that he really believes that this loss of the country’s triple A status, which he set as the test, has nothing to do with him?
The Prime Minister
I am the one saying that this credit rating does matter. It demonstrates that we have to go further and faster on reducing the deficit. The very fact that the right hon. Gentleman will not answer the question about wanting to borrow more, which the country needs to know, means that he will never sit on this side of the House. If he wants to look at what is happening in our economy, is it not interesting that he does not mention the other economic news from last week, which was 154,000 extra people in work and more people in employment than at any time in our history? Youth unemployment is down since the election; unemployment is down since the election—that is what is happening in our economy, but the right hon. Gentleman cannot recognise it. When is he going to admit that we should never listen to someone who sold the gold, bust the banks, racked up the deficit and cannot say sorry for any of it?
Edward Miliband
I think we can take it from that answer that the Prime Minister cannot accept the simple fact that he has failed on the first test he set himself, and it is his fault—it happened on his watch. Borrowing is rising, even after all the pain of the tax rises and all the spending cuts because the part-time Chancellor’s plan is failing. The truth is that they are the last people left who think that their plan is working and that the failure has nothing to do with them. We have 1 million—[Interruption.] The Education Secretary calls out, “That’s not true”, so perhaps he believes it, too, but behind the scenes he is briefing against the Chancellor. Perhaps they should swap places. We have 1 million young people out of work, the deficit is rising not falling and the economy is flatlining. What further evidence does he need that his plan is just not working?
The Prime Minister
Let us examine the points the right hon. Gentleman has just made. He says the deficit is up, but it is down by a quarter since the election. He says that we do not have support for our plan, but the CBI—the biggest business organisation in the country—says we have the right plan for growth. He complains about the level of unemployment, but it is down since the election and we have a record number of people in work. Those are the facts. Now let us look at the right hon. Gentleman’s policy. Let us examine the fact that the New Statesman, the in-house magazine of the Labour party, says that his
“critique of the government’s…strategy may never win back public trust”,
his
“proposals for the economy will never convince”,
and his
“credibility problem will only become magnified as the general election approaches”.
That is not Conservative central office saying it, but the New Statesman.
Edward Miliband
With the greatest respect to the New Statesman, the Prime Minister is scraping the barrel by quoting that. All we have heard today—[Interruption.]
Mr Speaker
Order. Mr Zahawi, you are an excitable fellow; this is not very statesmanlike. Calm yourself; you will get better over time.
Edward Miliband
All we have heard today is a Prime Minister who refuses to accept that he has failed on the central test he set himself. He has failed to meet that first test. It is not just our credit rating that has been downgraded. We have a downgraded Government, a downgraded Chancellor and a downgraded Prime Minister.
The Prime Minister
The right hon. Gentleman says that the New Statesman is scraping the barrel, but it was the only newspaper that endorsed his leadership. In this Oscar week, perhaps the best we can say is that Daniel Day-Lewis was utterly convincing as Abraham Lincoln, and the right hon. Gentleman is utterly convincing as Gordon Brown: more borrowing, more spending, more debt.
Andrew Jones (Harrogate and Knaresborough) (Con)
In the 10 years for which they have run Harrogate borough council, the Conservatives have cleared the £19.6 million of debt left by the Liberal Democrats and, in doing so, have delivered a four-year council tax freeze. Does the Prime Minister agree that that shows the wisdom of tackling debt, and that any urges to borrow more and more like the Labour party constitute the road to ruin?
The Prime Minister
My hon. Friend makes an important point. It is worth recognising that when it comes to finding efficiencies and finding value for money, local government has an excellent record. We really should say that in this place. Local government has a good record of paying down debt, dealing with deficits, and being efficient. One of the benefits of that is that it reduces debt interest charges, which is something on which we must focus in this Government and in this country.
Albert Owen (Ynys Môn) (Lab)
Q2. Next month, a big event—alongside the Budget—will be the rugby champion, Wales, playing England at the Millennium stadium. Does the Prime Minister have the same confidence in England’s winning the triple crown as his Chancellor had in our retaining the triple A credit rating, and, as team manager, does he intend to change his economic team to avoid further humiliation and a triple-dip recession?
The Prime Minister
There is a difficult record of Prime Ministers’ endorsing various rugby or football teams, so I do not plan to do that. All I will say is that I am very proud of the fact that, on St David’s day, the Welsh flag will be flying above Downing street, as it should be—and, when it comes to the rugby, may the best team win.
Sir Peter Tapsell (Louth and Horncastle) (Con)
Has my right hon. Friend noticed that since—in common with the United States and Japan—we lost our triple A status, the cost of our international borrowing has actually fallen?
The Prime Minister
My right hon. Friend makes an important point. While I do not deny for one second the importance of the rating agencies, the most important test of credibility—a test that is faced day in, day out in the markets—is the rate of interest at which people borrow, and the rate of interest at which we borrow is still at record lows. It has gone down since the election, whereas it has gone up in many other countries, but if we listened to the Labour party, it would go up again.
Gordon Banks (Ochil and South Perthshire) (Lab)
Q3. The Prime Minister will be aware of the increased need for food banks in constituencies such as mine, which has been brought about by his Government’s failed policies. Will he sign my petition calling for action so that no family in the United Kingdom will go hungry as a result of his policies?
The Prime Minister
I will certainly look at the hon. Gentleman’s petition, but let me point out first that the use of food banks increased tenfold under the last Labour Government and, secondly, that a very important change that we made—requested by the Trussell Trust, which does so much to promote the work of food banks—was allowing them to be advertised in jobcentres. The last Government did not do that, because they were worried about the PR. Well, we put people ahead of public relations.
Graham Evans (Weaver Vale) (Con)
This week, the generation who fought in the Arctic convoys and Bomber Command and who died in the second world war have finally been recognised. Does my right hon. Friend agree that it is right and proper for us to remember the 3,000 sailors and 55,000 members of Bomber Command who gave their lives for this country’s freedom?
The Prime Minister
My hon. Friend is absolutely right to raise that issue. I am sure that there will be support throughout the House of Commons for all who took part in the Arctic convoys and all who served in Bomber Command.
It is not enough for us to have the excellent memorial to those who served in Bomber Command, in Green Park. It is right for us to have the medal for those who served in the Arctic convoys, and the clasp for those who served in Bomber Command. I have been stressing to Government colleagues how important it is for us to get on with handing out those medals and clasps as quickly as possible, because, tragically, we are losing more and more of the people who served all those years ago. They deserve their medals and their clasps, and I am proud that, under this Government, they will get them.
Wayne David (Caerphilly) (Lab)
Q4. Mr and Mrs Goodwin live in the Caerphilly borough. They are both registered blind, and rely heavily on their guide dogs, family and neighbours. Life is not easy for them, but from 1 April it will become even more difficult, because they will have to pay the Government’s bedroom tax on the home in which they have lived for 26 years. What justification can there be for that?
The Prime Minister
I will look at any individual case, and the Department for Work and Pensions will look at any individual case, but may I first make the point that this is not a tax? A tax is when someone earns money, it is their money, and the Government take some of it away. Frankly, the Opposition have got to engage with the fact that housing benefit now accounts for £23 billion of Government spending. That is a 50% increase over the last decade. We also have to address the fact that we have 250,000 families in overcrowded accommodation and we have 1.8 million people waiting for a council house.
The Prime Minister
The right hon. Gentleman is shouting “Shameful”, but let him listen to what Labour’s Housing Minister in the last Government, the hon. Member for Hartlepool (Mr Wright), said:
“We have reiterated time and again in this Committee the need to ensure that houses that are too large for people’s current needs are allocated accordingly.”––[Official Report, Housing and Regeneration Public Bill Committee, 31 January 2008; c. 697.]
That is what Labour said in Government. Now that it is in opposition, all we get is rank opportunism and irresponsibility.
Julian Smith (Skipton and Ripon) (Con)
Unemployment in Yorkshire is at its lowest level in two years, businesses in Yorkshire have full order books, and the head of the CBI has said that the Yorkshire economy is “turning a corner”. Will the Prime Minister therefore ignore the poor advice from the Labour party?
The Prime Minister
I am grateful to my hon. Friend for what he has said. The British economy has been through difficult times, not least because we are recovering from a massive boom and bust, a massive banking bust and the deepest recession since the 1930s, but if we look at what is happening in terms of employment and new business creation, we see an economy that is rebalancing, and we need to encourage that rebalancing and that business growth.
Hazel Blears (Salford and Eccles) (Lab)
Q5. The Prime Minister has stood idly by while hard-pressed families in Salford and Eccles and across the country have faced soaring energy bills, which are now over £1,400 a year. Last October the Prime Minister promised to take action, and I think the whole country wants to know what he is going to do now to keep his promise to those families who are struggling to heat their homes.
The Prime Minister
We are legislating to make sure that energy companies put people on the lowest tariffs. When that Bill comes before the House of Commons, I hope that the right hon. Lady will vote for it.
Mr Adrian Sanders (Torbay) (LD)
Will the Prime Minister withdraw the National Health Service (Procurement, Patient Choice and Competition) Regulations 2013, which seem to contradict assurances given in the other place that this coalition Government will not privatise our NHS?
The Prime Minister
I urge my hon. Friend to look very closely at those regulations, because he will find that they are absolutely in line with the principles that the last Government put in place, and withdrawing them would actually lead to more competition in the NHS, rather than managed competition, managed by Monitor. I therefore think what my hon. Friend wants us to do would achieve the exact opposite of what he seeks.
Paul Blomfield (Sheffield Central) (Lab)
Q6. The Energy Secretary, the Deputy Prime Minister, the Committee on Climate Change, the Chair of the Select Committee on Energy and Climate Change and a group of over 35 businesses, non-governmental organisations and faith groups are among those in this country who back the inclusion in the Energy Bill of a target to decarbonise the power sector by 2030. Will the Prime Minister explain why his Government have failed to include such a target in the Bill?
The Prime Minister
We do not believe it makes sense to set a target range for 2030 in advance of setting the fifth carbon budget, which covers the period 2028 to 2032. We will be taking a power in the Energy Bill, but setting it in advance would not make sense.
Charlotte Leslie (Bristol North West) (Con)
In 2008 Labour commissioned three reports on the state of the NHS, to celebrate the health service’s 60th birthday party. We now know those reports were damning and raised issues such as there being a dangerous target culture, which was also raised by Francis five years later. We also know those reports were suppressed by the Labour Government. Had they not been suppressed, thousands of lives could possibly have been saved. Will the Prime Minister join me in calling for an investigation into who was responsible for suppressing those reports?
The Prime Minister
I note what my hon. Friend has said, and I will look carefully at the issue she raises. The whole point about the Francis report is that we should use this as an opportunity to say, “Yes, of course we support the NHS and its founding principles, but not everything in the NHS is right.” Where there is bad practice and where things are going wrong, we need to shine a very bright light on it and make sure not only that we deal with it but that we hold people to account.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
Q7. Further to the question asked by the hon. Member for Torbay (Mr Sanders) on the new regulations laid on 13 February, the Government gave categorical assurances that GP commissioners would not be forced to put health services out to competitive tendering, but the regulations go completely against that. What is the Prime Minister’s excuse for this?
The Prime Minister
GP commissioners are not forced to put services out to competitive tender. We have GP commissioners, and the point is that it is going to be doctors making the decisions about whether they want to expand choice and diversity in the NHS. What is the hon. Lady worried about? What is the Labour party worried about? Is it not the case that lots of voluntary bodies, charities, the hospice movement, organisations like Mind and Whizz-Kidz in Tower Hamlets, which provides an amazing service for children with wheelchairs, are already involved? What are we frightened of in allowing doctors to say, “Let us have some diversity, let us have some choice and let us make sure we are on the side of patients”?
Alun Cairns (Vale of Glamorgan) (Con)
Two and a half years ago, nine-year-old Cerys Potter from the Vale of Glamorgan became the ninth person to die in an incident while on a rafting exercise on the Dalaman river. There appears to have been a blatant disregard of common sense and health and safety standards. Cerys’s parents have campaigned tirelessly for a criminal investigation and improved standards, and have even funded witnesses to travel to the Turkish courts, but their efforts have been frustrated, for what appear to be bureaucratic reasons. Will the Prime Minister work with the Turkish authorities to gain justice and to help to warn people of the risks of white-water rafting in Turkey?
The Prime Minister
My hon. Friend is right to raise this tragic case of a nine-year-old constituent of his, Cerys Potter, who died in 2010 in Turkey. I want to send my sincere condolences to the family in these terrible circumstances. I know that he has been speaking to the Minister for Europe about this case, and that our embassy in Turkey is monitoring the case and can again approach the Turkish authorities and ask them to keep the Potter family fully informed of any progress. I am sure that the Foreign Office will have listened very carefully to what my hon. Friend has said today, standing up for this family’s interests.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
Q8. A vulnerable constituent of mine is near pension age and has lived in the same house his whole life. His parents have now died and he is willing to be re-housed but cannot find an alternative. He now faces homelessness because he simply cannot afford the Government’s bedroom tax. Can the Prime Minister explain why he has prioritised a tax cut for millionaires while devastating the lives of vulnerable people?
The Prime Minister
The point I would make to the hon. Lady is that 250,000 families live in overcrowded accommodation and 386,000 people live in under-occupied homes. There are 1.8 million people who would love to have a council house but cannot get one. Of course we need to build more social homes, and we are doing exactly that, but in the meantime we should do everything we can to make sure those homes are used in the most efficient and fair way. That is what our changes will help to achieve and that is why they deserve our support.
Greg Mulholland (Leeds North West) (LD)
We were all hugely inspired by the wonderful Paralympic games in London last year, which were a triumph not only for sport but for perceptions of disability. Will the Prime Minister welcome the “Generation Inspired?” report, which is going to be presented today to No. 10 Downing street by Hannah Cockroft MBE, as a great opportunity to use the games legacy to improve the lives of young disabled people?
The Prime Minister
I will certainly welcome the report that my hon. Friend mentions. I thought that the Paralympic games were an absolute triumph for Britain in the way they were put on and in the way the auditoriums and stadiums were full for almost every event. I thought that was a great testament to the generosity of the people of this country and their enthusiasm for Paralympic sport. The most important thing is the change in perception about what disabled people are capable of—that is a real gift and it is something we should encourage.
Gemma Doyle (West Dunbartonshire) (Lab/Co-op)
Q9. The Prime Minister supports an exemption to the bedroom tax for the families of prisoners but not for people with cancer, for people with disabilities, for foster parents or for armed forces families—why?
The Prime Minister
As the hon. Lady knows, as part of this measure there is a £50 million fund to support people directly. We have addressed specifically the point about armed forces families, and when people leave the home they will be more than compensated for any costs under the under-occupancy rules. I come back to the bigger picture: housing benefit is up 50% in real terms and now accounts for £23 billion of public spending. If the Opposition come to the Chamber week after week and say no to the benefit cap, no to a cap on housing benefit, no to restricting the growth of benefits and no to our under-occupancy measures, people will simply not believe that they have any plans whatsoever to deal with our deficit. You know what? They would be right.
Nadine Dorries (Mid Bedfordshire) (Con)
The education reforms pursued by the Government have been embraced by schools in Bedfordshire, not least, excitingly, by Tony Withell and his great staff at Wootton upper school in pursuit of a science, technology, engineering and maths academy. This week, however, there has been a blip. Fernwood school in Woburn Sands was offered free school status 14 months ago as part of the Barnfield Federation, but last week that offer was removed without the school knowing why. Will the Prime Minister use his offices to implore the Department for Education to let me know the reason as soon as possible, as there are 110 very agitated parents and I need to help them frame an appeal?
The Prime Minister
I would join in that strong support for the free schools movement. It is a remarkable advance, and within just two and a half years we now have 101 free schools open and many more in the pipeline. I know that my right hon. Friend the Education Secretary was listening very carefully to what was said about that specific proposal. It is obviously important that we vet proposals to ensure that they are strong educationally, that they have parental support and that they will raise standards in the local area, but I strongly support the free schools movement and I am sure that my right hon. Friend will be in touch.
Ian Mearns (Gateshead) (Lab)
Q10. My local authority has done some pioneering work over the years on improving public health and has recently asked adults to refrain from smoking in children’s play areas. Does the Prime Minister agree with me, with his own Under-Secretary of State for Health, the hon. Member for Broxtowe (Anna Soubry), and with my hon. Friend the Member for Stockton North (Alex Cunningham), who has a private Member’s Bill on the issue, that we should go a significant step further and introduce a ban on smoking when children are present in vehicles?
The Prime Minister
We should look carefully at what the hon. Gentleman and others have said. We are looking across the piece at all the issues, including whether we should follow the Australians with the ban on packaging and what more we can to do to restrict smoking in public places. There has been a real health advance from some of the measures that have been taken. We must consider each one and work out whether there is a real public health benefit, but he makes a good point.
Mr Stewart Jackson (Peterborough) (Con)
It is 22 years since the landmark Medical Research Council report made a direct link between folic acid use by childbearing women and the prevention of neural tube defects such as spina bifida. Scores of countries have fortified their basic food stuffs, but the policy in this country is mired in bureaucracy between the Food Standards Agency, the Department of Health and others. Will the Prime Minister reassure the House that he will do everything he can to unblock the logjam to prevent the entirely preventable conditions of hydrocephalus and spina bifida?
The Prime Minister
I will look very carefully at what my hon. Friend has said. It is certainly true that the levels of conditions such as spina bifida have come down and that folic acid has an important role to play. I shall look at the specific points he makes and the bureaucratic problem he identifies and perhaps get the Department of Health to write to him about it.
Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)
Q11. With respect, I make no apology for returning to an issue that my colleagues have raised. A letter from my constituent reads:“I am disabled, wheelchair dependent; suffer from brittle bones, require day and night assistance from Social Services and therefore I need a spare room on health grounds. I feel suicidal about this bedroom tax.” Will the Prime Minister, in consultation with the Secretary of State for Work and Pensions, agree to put the needs of disabled people first and revisit what is turning out to be a disastrous policy for hundreds of thousands of disabled people and their families?
The Prime Minister
This Government always put disabled people first; that is why we have protected disabled people’s benefits. On the specific issue the right hon. Gentleman raises, there is a £50 million fund to support people who are affected by the under-occupancy measure. Disabled adults will have access—[Interruption.] The Opposition do not want hear it, but this directly answers the point. Disabled adults will have access to the discretionary housing payment scheme and it will remain for local authorities, including the right hon. Gentleman’s, to assess the individual circumstances. It is worth making the point again that there is a £23 billion budget, which has increased by 50% over the past decade. We have to do something about the growth in the housing benefit bill, but all we hear is irresponsibility from the Opposition.
Mr Edward Leigh (Gainsborough) (Con)
Q12. Who would have thought, when some of us voted for just a common market all those years ago, that the EU would now be interfering potentially in what benefits we should pay to Romanians and Bulgarians before they have made any contribution to our society? Is it any wonder that people feel disillusioned and powerless? Is not the good news this: who is more likely to vote to give people a genuine choice in a referendum—a Liberal or a Conservative MP for Eastleigh?
The Prime Minister
I am delighted that my hon. Friend managed to slip that point in at the end. I urge any hon. Friends who are not there already to make their way to Eastleigh this afternoon and support Maria Hutchings in the by-election campaign.
My hon. Friend makes an important point. We need to look through every aspect of how we welcome people to our country, because while we must be fair, we must not be a soft touch. I am making sure that we look at our health service, housing, benefits, legal aid and everything else, so that we have proper and tough controls on people who want to come and live here.
John Woodcock (Barrow and Furness) (Lab/Co-op)
Q13. The Treasury was required to approve the settlement made with the dismissed former chief executive of my local hospitals trust in February last year. If the Prime Minister believes in openness in the NHS, why have his Government allowed the size of the pay-off to be kept secret?
The Prime Minister
I will look very closely at the case the hon. Gentleman raises. I know there have been particular issues around foundation trusts in the area he represents, and I will make sure that the Health Secretary looks into the matter and writes to him about it.
John Glen (Salisbury) (Con)
Q14. Recently, large numbers of my constituents have taken a great interest in political campaigning in the neighbouring county. My belief is that it is always best when local people have a strong independent voice, particularly if they are in favour of controlling immigration, making welfare fairer and an in/out referendum. Does the Prime Minister agree with me that the people of Eastleigh would be well advised to vote for Maria Hutchings tomorrow?
The Prime Minister
I thank my hon. Friend for his hard work and for the ingenious way he managed to get that question in order—[Interruption.]
Mr Speaker
Order. The hon. Member for Rhondda (Chris Bryant) should not keep yelling from a sedentary position “Sarah Palin”. She at least is not a candidate in the Eastleigh by-election.
The Prime Minister
If you have any luck in getting the hon. Member for Rhondda to shut up, Mr Speaker, do let us know how it is done.
Mr Speaker
The Prime Minister shouldn’t bother phoning me; I’ll phone him in those circumstances.
The Prime Minister
Thank you very much for that, Mr Speaker.
Perhaps we should end Prime Minister’s Questions on a similar note to that we began it with, by recognising the appalling views of the Labour candidate in Eastleigh. About the Falklands war—one of the proudest moments in this country’s recent history—he said:
“I settled on the…convoluted position of wanting Great Britain to lose a war for the good of Great Britain”.
This candidate, endorsed by the leader of the Labour party, shows a shocking lack of patriotism and national pride.
Graham Jones (Hyndburn) (Lab)
Q15. The Prime Minister has run away from the question whether he will personally benefit from the millionaires’ tax cut. It is a simple question: when the top rate of tax is cut from 50p to 45p, will he personally benefit?
The Prime Minister
The top rate of tax under this Government will be higher than in any year under his party’s Government. That is the change that we are bringing about. When they introduced the 50p rate, they lost £7 billion in tax revenue. They are not only socialists but incompetent socialists to boot.
Petition
(11 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mr Jim Cunningham (Coventry South) (Lab)
I know that there is to be a debate on this subject tomorrow.
The petition, to which there are more than 2,000 signatures, states:
The Petition of residents of Coventry and the United Kingdom,
Declares that the Petitioners believe that the UK Government should encourage the Indian Union to take immediate action to stop human rights abuses facing minorities in India and that India should sign and ratify the Rome Statute of the International Criminal Court and the UN Charter against torture and other cruel, inhumane or degrading treatment or punishment which encompasses the death penalty and thus India should abolish the death penalty as it is a cruel, inhumane or degrading form of punishment; further declares that the UK Government should campaign to stop Balwant Singh Rajoana's death sentence and have him released from jail as he has served 17 years in custody and that the Indian Union should release all political prisoners, prisoners of conscience and prisoners who have been imprisoned without trial.
The Petitioners therefore request that the House of Commons urges the Government to appeal to India for the above actions to be taken, and request that the House holds a debate on these issues and brings them to light in the European Union and United Nations.
And the Petitioners remain, etc.
[P001157]
Point of Order
(11 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text
Paul Flynn (Newport West) (Lab)
On a point of order, Mr Speaker. Following the advice you gave on Monday about the nature of oral questions and oral answers, and the need for us to rebuild public confidence in politicians, will you do what the Leader of the House has refused to do, and arrange a seminar to explain to Ministers the precise meaning of the word “question”, the precise meaning of the word “answer”, and the need for a link between the two?
Mr Speaker
The hon. Gentleman makes an ingenious suggestion, but it is not one to be taken forward by the Chair. However, it might constitute an additional paragraph in the next edition of the well-thumbed tome, which he penned, “How to be an MP”, with specific reference to the discharge of Back-Bench duties. I look forward to acquiring in due course my copy of that volume.
Local Authority Devolution and Powers
(11 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text
John Pugh (Southport) (LD)
I beg to move,
That leave be given to bring in a Bill to require the Government to publish a list of the powers of local councils and a code of conduct defining the degree of autonomy attached to those powers and areas where a council may act autonomously; to create a mechanism to identify and adjudicate on breaches of the code by either central or local government; and for connected purposes.
Given where we are in the parliamentary timetable, one would have to be wholly ignorant or severely optimistic to assume that the Bill I propose stands any chance whatever of becoming law—this year. Although as a Lib Dem I am equipped by necessity with boundless reserves of cheery optimism, I have no expectation of seeing the Bill mature into legislation. So confident am I of seeing it strangled at birth that I did think of calling it the “Local Government and Futile Measures Bill”, only to realise that the additional phrase probably applied to much of the legislation in this place. I am far from disheartened, however, because such events, apart from seeming a piece of typically British, eccentric constitutional indulgence, or useful occupational therapy for Back Benchers, can have an effect, by putting, or keeping, on the agenda important key themes. My last foray in this role was an attempt to introduce a Bill to enhance, or provide, democratic accountability for NHS services. The Government have now actually done that, although I would like to think that my proposals, which involved the creation of no new institutions or structures, offered a more elegant, less expensive and less complex solution than that contrived by the Government in the Health and Social Care Act 2012.
Our system is based on the supremacy of Parliament, and my Bill draws attention to the fraught relationship between local and central Government. Parliament, Brussels notwithstanding, has unfettered power, or what Lord Hailsham referred to as elective dictatorship. Local government also has powers, but they can be increased, decreased, removed or added to, fettered or unfettered, by us in Parliament. Governments often promise—I have heard them do so—to liberate or empower local government, but the liberation of local government by central Government often resembles Stalin’s post-war liberation of eastern Europe, as it simply allows discretion to decide on how to implement unpopular policies, thereby sharing or deflecting the blame.
Largely, and insistently, central Government retain all their rights to interfere in any area, at will, with little or no notice. I am not making a party political point; it is not in the DNA of central Government, irrespective of who is in power, to give away power that matters, and one can understand why. Local government deals with huge areas of national importance—education, social care, transport, the environment, the economic vitality of communities—and Ministers simply cannot be uninterested in what local government does or how it does it, so they keep in reserve, understandably, a range of powers, regulations and incentives to influence how local government performs. Parliament will not have its will crossed—it is, as they say, an elective dictatorship. The Bill aspires not to change any of that, but strives more modestly to stop elective dictatorship becoming or turning into elective tyranny.
There are in this Chamber bold constitutional visionaries, such as the hon. Member for Nottingham North (Mr Allen), who propose a full constitutional settlement reserving to local government a whole set of autonomous powers, safeguarded by commissions, the Lords and a Bill of Rights; a constitutional demarcation between the powers of local and central Government, including revenue-raising powers. The Justice Committee—my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) is familiar with this—having surveyed all the evidence available scrupulously, has called for a new constitutional settlement, a new code. There is a glimmer in the eye of the hon. Member for Sheffield South East (Mr Betts), who chairs the Communities and Local Government Committee, to produce a report on precisely that subject.
My aim is the more modest one of preventing elective dictatorship from becoming elective tyranny, because tyranny is the arbitrary, whimsical and indulgent use of power. The distinction is rather helpfully illustrated by the exemplary behaviour—[Interruption.] The hon. Member for Easington (Grahame M. Morris) has got there ahead of me. It is illustrated by the exemplary behaviour of our current Secretary of State for Communities and Local Government. Only someone as gifted as him in the art of irony could possibly have introduced a Localism Bill—with over 100 new powers ascribed to himself. Only someone with a feel for the truly comic could wring £250 million out of the Chancellor in hard-pressed times in order that statesmen can interfere with the nation’s bins and council collection times, or could instructively chastise and threaten councils that have set their council tax exactly within the limits he himself laid down. As he himself has said, he takes liberties, but presumably only to demonstrate through a process of reductio ad absurdum how little power local government really has and how it can be removed, changed or denatured by the whim of Whitehall.
Taking liberties is not necessarily a good thing. My Bill seeks to mitigate that, first by requiring every Government to lay down in advance through a defined code their understanding of the respective powers of local and national Government, the areas of genuine autonomy, and specify devolved powers. That could be done, fully taking into account national needs, with or without consensus. However, that having been done, and there having been defined separate spheres of action—the rules of the game—everyone must stick to them, with an appeal to a judicial or quasi-judicial body when that understanding is breached by either party, or ridden over roughshod to suit the mood of whoever holds the reigns of central or local government.
The Bill simply aspires to put in place a guarantee of reasonably predictable behaviour, a self-denying ordinance. The Government could still dictate and legislate for a different relationship, but they would not be able to interfere arbitrarily. In fact, having to make it clear that they are not doing that is wholly to the good. They could not act on the spur of the moment. They would simply be denying themselves the opportunity to create havoc, either financial or administrative. There is fairness in that, because the previous Government insisted that local councils, when making major strategic decisions, give the population ample advance notice and engagement through publication and consultation—a kind of “no big surprises” rule. All that I expect through the Bill is that Whitehall would show similarly helpful self-discipline, particularly because councils, unlike Whitehall, have to balance their budgets annually and cannot cope too easily with handbrake turns in policy.
It seems to me that having to make clear Whitehall’s interest in interfering, as it does, with council’s planning policies, housing targets and borrowing arrangements, which are all contentious areas, and having to make a case and then abide by it, could hopefully throw up a plethora of anomalies and unjustifiable restraints and perhaps expose the dead-weight influence of state bureaucracy accrued over a fair period, which cannot be a bad thing. It might, in the process, rid me of an abiding and disturbing image of the Secretary of State as a languid eastern potentate or sultan governing by mood or arbitrary decree, and it would hopefully put the fraught relationship between local and central Government on a business-like footing. This issue, which has been raised in various parts of the House and in a number of different places, will not go away, unlike my Bill, which I commend to the House.
Question put and agreed to.
Ordered,
That Dr John Pugh, Mr Graham Allen, Sir Alan Beith, Mr Clive Betts, Paul Burstow, Rosie Cooper, Martin Horwood, Stephen Lloyd, Dan Rogerson, John Stevenson and Mr David Ward present the Bill.
Dr John Pugh accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 26 April, and to be printed (Bill 141).
Mr Speaker
We come now to the main business, Opposition day, 18th allotted day, which is a debate in the name of the Scottish National party on housing benefit and the under-occupancy penalty. To move the motion—
Mr Speaker
I apologise to the right hon. Gentleman. The motion is in the name of the Scottish National party, but it is also in the name of Plaid Cymru—[Interruption]—and of the Green party. It is indeed truly a joint motion: not a complete novelty, although relatively unusual, and very welcome. I stand corrected. To move the motion, I call Mr Angus Robertson. [Interruption.] No? Well, that is what I was briefed; I am following what I have been told. The hon. Gentleman is displaying a self-effacing modesty with which he is not always associated, but he is playing second fiddle today. I call Dr Eilidh Whiteford.
Opposition Day
(11 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text
Housing Benefit (Under-occupancy Penalty)
(11 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
18:59 - The House having divided: - Ayes: 224 / Noes: 265 - Question accordingly negatived.
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
I beg to move,
That this House deplores and opposes the Government’s introduction of the housing benefit under-occupancy penalty; believes it to be unjust and unworkable; notes growing public anger at its introduction; believes that the Government is showing a reckless lack of care and attention to the consequences of its introduction for low-income households affected by disability; further believes that it will adversely affect, amongst others, families of service personnel, foster families and those struggling with the effects of family breakdown; notes that some parts of the UK will be disproportionately hit because of the mismatch between the available social housing stock and the needs of tenants; further notes that according to the Department for Work and Pensions’ Equality Impact Assessment, 63 per cent of the 660,000 claimants affected by the under-occupancy penalty or their partners are disabled; believes that the measure unfairly penalises tenants in rural and inner-city areas; further believes the under-occupancy penalty will fail to meet its stated objectives; and calls on the Government to abandon this policy immediately.
In just a few weeks’ time the Government’s notorious under-occupancy penalty, or bedroom tax, is set to come into effect. Across the UK, it is going to cut for tenants by an average of £14 a week, or over £700 a year, the housing benefit of an estimated 660,000 low-income households who are deemed to be living in a home bigger than their needs require. The measure is causing anxiety and anger in equal measure. It follows hard on the heels of punitive cuts to tax credits that have already slashed the budgets of low-income families, and it compounds the real-terms cut to the safety net of social protection for people who are unable to work because of sickness or disability, and for those rendered unemployed or under-employed by economic circumstances well beyond their control. This bedroom tax is a further assault on the precarious finances of the people who are already bearing the brunt of the Government’s austerity measures, which, as we have seen this week, simply are not working. The under-occupancy penalty is inherently unfair and inherently unworkable.
When we discussed this issue in Westminster Hall a few weeks ago in a debate led by the hon. Member for Sedgefield (Phil Wilson), not a single Government Back Bencher rose to defend the policy, and it is deeply disappointing that they are so thin on the ground today. I can only assume that too many MPs have been lured by the charms of Eastleigh, but I am not really surprised that they are reluctant to put their heads over this parapet.
Sir Tony Baldry (Banbury) (Con)
Does the hon. Lady see any justification for treating tenants on housing benefit in social housing any differently from tenants on housing benefit in the private rented sector? The previous Government introduced exactly the same changes for tenants on housing benefit in the private rented sector. Did the Scottish National party or Plaid Cymru object or call a debate when those changes were made? If not, why not, and what is their logical justification for opposing these changes today?
Dr Whiteford
The hon. Gentleman has exposed at this early stage one of the big red herrings in this debate, namely the argument that the private rented sector is comparable to the social rented sector. We already spend significantly more on supporting people in the private sector than on those in socially rented accommodation, which is significantly cheaper. I hope to return to that point later, but it is very helpful to have been able to nip that argument in the bud at the outset of this debate.
Hywel Williams (Arfon) (PC)
I am glad that the hon. Lady has exposed the fundamental flaw in the argument of the hon. Member for Banbury (Sir Tony Baldry). One form of accommodation is based on size and the other on price—it is like comparing apples and pears.
Dr Whiteford
The hon. Gentleman makes a very important point. The key thing is that the under-occupancy penalty will hit hundreds or thousands of people in every constituency. We will all meet constituents affected by it, many of them among the most disadvantaged members of the community. Let us make no mistake: the people on the front line of this policy are the disabled and those who care for them.
Robert Flello (Stoke-on-Trent South) (Lab)
Did the hon. Lady, like me, hear the Prime Minister say during Prime Minister’s questions that he would personally look at cases brought to his attention? Will she join me in urging all those people in this country who are faced by this to write individually to the Prime Minister?
Dr Whiteford
The hon. Gentleman makes an excellent point. Just a few minutes ago the Prime Minister said that he would look carefully at individual cases. I feel a little bit sorry for whoever keeps his correspondence in check, because the Department of Work and Pensions equality impact assessment shows that two thirds—66%—of the households affected by the bedroom tax are home to someone with a disability under the terms of the Disability Discrimination Act 1995.
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
A higher proportion of those who might write to Dave will be people from rural areas who will simply have nowhere else to go. This iniquitous, unfair, disastrous tax will do for the Conservative party what the poll tax did for it.
Dr Whiteford
My hon. Friend makes a very important point on the differential impact between rural and urban areas. I hope I will be able to address that later.
Perhaps it should not surprise us that sick and disabled people are over-represented among those who rely on housing benefit, given that many of them will have been assessed as unfit for work, while others who are in work are more likely to be working part-time or in low-paid and insecure jobs. The numbers are a damning indictment on the Government’s attempts to balance the books on the back of disadvantaged people. In Scotland the picture is even more stark—79% of disadvantaged people in Scotland affected by the bedroom tax are either disabled or living in a house with someone who is disabled.
Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)
Is the hon. Lady aware of Govan Law Centre’s petition to the Scottish Government to amend section 16 of the Housing (Scotland) Act 2001 to ensure that people subjected to the bedroom tax will not be evicted due to those arrears?
Dr Whiteford
I am aware of it and I intend to turn later to the specifics of the situation for social landlords and for Scotland.
Dr Whiteford
Not just now, but I will in a moment.
Last week the chief executives of seven charities—Carers UK, Disability Rights UK, Contact a Family, the Carers Trust, the Multiple Sclerosis Society, Mencap and Macmillan Cancer Support—wrote to the Chancellor to ask him to exempt carers and disabled people from the bedroom tax in recognition of the contribution that carers already make and in order to protect them from further financial hardship. In response, the Work and Pensions Secretary said that he would look again at the impact of the policy on disabled people, but having considered the wholly disproportionate impact on disabled people and their families, he is ploughing on regardless. It is callous and reckless and will cause untold distress and hardship. The Government really need to think again.
Dr Whiteford
I will give way to the hon. Member for North West Cambridgeshire (Mr Vara).
Mr Vara
I am grateful to the hon. Lady for giving way. Does she accept that, with 2 million households on social housing waiting lists in England alone and 250,000 families living in overcrowded accommodation, it is simply unfair for people to live in houses larger than their needs?
Dr Whiteford
The problem of under-occupation will not be solved by shuffling people around. That will do absolutely nothing to resolve the underlying problems, which I think we all know are related to the supply of affordable housing.
Katy Clark (North Ayrshire and Arran) (Lab)
I congratulate the hon. Lady and her colleagues on their choice of subject for this Opposition day debate. Does she agree that one of the problems is the complete mismatch between the stock that housing association and councils have and what people need, and that there are simply not enough properties for people to move to?
Dr Whiteford
The hon. Lady is absolutely right—her point is at the core of the debate. Before I turn to that point I want to say more about the issues facing disabled people.
Mr Rob Wilson
I thank the hon. Lady for giving way; she is being very generous. I have been listening carefully to her comments on those in social housing, but what does she have to say to the 2,000 people on waiting lists in Reading who hope to get into social housing?
Dr Whiteford
I say to the hon. Gentleman that perhaps those people in Reading would like to look north of the border, where building social housing has been the long-term solution to tackling the lack of affordable housing. This problem will not be solved by taking housing away from one needy group and giving it to another. As I have said, there will be a disproportionate impact on disabled people and most of the people affected by this policy are already among the most disadvantaged in our communities.
Dr Whiteford
No, I want to make some progress. I say to the hon. Member for Reading East (Mr Wilson) that the real challenge for local authorities is how to house people who are likely to be on very low incomes. If people who are older or who suffer from ill health are moved out of their homes, that will create another headache and push people into more expensive private rented accommodation.
Dr Whiteford
I am keen to make some progress; I will take interventions later.
To return to the point made by the respected charities, one of which I used to work for, they make a compelling case that exposes just how socially destructive and counter-productive the bedroom tax will be for disabled people and their families. The Government’s stated objectives for the under-occupancy penalty include incentivising tenants to move to smaller homes. Moving house is stressful and expensive for everyone, even when it is a welcome move. How much more stressful and difficult must it be for disabled people with very little money?
Pressuring people to relocate will not just move disabled people away from their informal support networks—the friends and neighbours who help them live in the community—but it will potentially move them away from support services provided by their local authority. Moving to a new house in a new area may require a new assessment of needs, delays in providing replacement services or, indeed, changes to the eligibility for services. That all creates unnecessary disruption and expense that could quite easily be avoided.
John Healey (Wentworth and Dearne) (Lab)
The hon. Lady is right to call this bedroom tax callous and reckless. It is also heartless. Does she agree that the Prime Minister is wrong to hide behind the fig leaf of the discretionary payments fund, as he did earlier today? The National Housing Federation says that £50 million will help make up the shortfall for only 73,000 disabled people, leaving more than half of those on disability living allowance who are affected without any support at all.
Dr Whiteford
I agree with the right hon. Gentleman, who makes a very important point. I have no doubt that, in some cases, the under-occupancy penalty will jeopardise the arrangement that unpaid family carers have made to allow them to continue to care for a loved one in their own home.
Mr Mike Weir (Angus) (SNP)
Is my hon. Friend also aware that the homes of people who have had them adapted to meet specific needs may now be deemed too large, so they may be forced to move out and a social landlord might have to pay to adapt another house for them? Is that not a daft way to proceed?
Dr Whiteford
It is utterly daft. I have seen cases in my own constituency where relatively minor changes to local authority support services have destabilised the balancing act performed by families who provide care while juggling work and family commitments. I have met far too many family carers who are already at the end of their endurance, compromising their own health and well-being to continue to care. When carers cannot cope any more or their own health breaks down, the human cost is immense and the financial cost of primary health care spending and the need for expensive care packages are incalculable. The bedroom tax undermines the ability of families to continue to care.
Caroline Lucas (Brighton, Pavilion) (Green)
Given that this policy will lead to greater homelessness and evictions, which are not only massively painful, but massively costly, does the hon. Lady agree that it is not just cruel, but counter-productive and another attack by this Government on the poor?
Dr Whiteford
The policy is not only counter-productive; it is just not thought through.
David Wright (Telford) (Lab)
The hon. Lady is making a really good speech and she has support from across the Opposition Benches. In my view, the policy is thought through. However, it is not about fitting people in according to their housing needs or about under-occupation; it is about cutting people’s benefits by ensuring that people pay the difference. The Government know that people will have to pay the difference because they cannot move.
Dr Whiteford
The hon. Gentleman is absolutely right.
It is helpful to return to the point made by my hon. Friend the Member for Angus (Mr Weir) about homes that have been adapted. We estimate that at least 16,000 homes in Scotland that are affected by the bedroom tax have been adapted. We are told by the Government repeatedly that an extra £50 million in discretionary housing payment has been allocated to local authorities to plug the shortfall in rent so that those in adapted homes do not have to move.
Let us do the sums. The additional discretionary housing payment amounts to only 6% of the total shortfall across the UK. In Scotland, it amounts to a paltry 4% of the shortfall. That means that even if Scotland’s entire discretionary housing allocation—not just the extra bit, but the entire allocation—was focused solely on those disabled people living in adapted homes, it would not cover the gap in tenants’ incomes left by the bedroom tax. This is a shameless attempt to penalise physically disabled people. They are being asked to carry the can for this dog’s breakfast of a policy.
Pete Wishart (Perth and North Perthshire) (SNP)
My hon. Friend is making a fantastic speech. Does she not think that it is appalling that the architect of this pernicious tax, this equivalent of the poll tax, the Secretary of State, is not replying to this debate, but is leaving it to his Liberal apparatchik? The Secretary of State should get to his feet in this debate to defend this ridiculous tax. Why is he not doing so?
Dr Whiteford
I share my hon. Friend’s disappointment that the Government have not listened to the pleas of disabled people and carers’ organisations. The problem is that the policy has not been properly costed or thought through and will cause chaos, hardship and distress.
Dr Whiteford
I want to make a little more progress, because time is wearing on.
The disabled people in adapted homes who are forced to move into the private sector will undoubtedly find it hard to find accessible properties. Landlords in the private sector may also be less than happy about adaptations being made to their property, whether they be handrails, ramps, stair-lifts or bathroom alterations. What an unnecessary waste of public money at a time when local authorities are struggling to meet demand.
Ann McKechin (Glasgow North) (Lab)
The hon. Lady is making an excellent speech. She made a very good point about the cost of private rentals compared with social rentals. Is it not time that we started to regulate private rentals in Scotland so that we are not subsidising landlords, which is the route to increases in housing benefit?
Dr Whiteford
It is clear that rents in Scotland are not out of control as they are in London. Many of the problems with housing benefit have been fuelled by the vast over-inflation of the rental market in London and the south-east.
It is important that we remember that some of the disabled people who are subject to the bedroom tax are the same people who will lose their disability living allowance when it becomes the personal independence payment or whose support will be reduced significantly, and that some may lose their employment and support allowance, particularly if it is time-limited. Nevertheless, all those people will still have to deal with the same impairment or long-term health condition that they had before, and will still face the same physical, economic, attitudinal and communication barriers when they attempt to access the labour market and get on with their daily lives.
The Government have paid no heed to the cumulative impact of their measures on disabled people—a cumulative impact that will have disastrous consequences for thousands of people.
Guy Opperman
I am most grateful to the hon. Lady for giving way. May I draw her back to fundamental principles? I am listening to the argument that she is making with interest, but there is one fundamental point that the architects of the motion do not address. Is it accepted that the housing benefit bill, which is rising, needs to come down—yes or no?
Dr Whiteford
The reason that the housing benefit bill is so high is that we have had a recession that has pushed people out of employment. One of the trite suggestions that we have heard repeatedly from the Government in trying to defend this indefensible tax is that people should just pick up a few extra hours’ work here or there to meet the bedroom tax. Since the start of the financial crisis, underemployment has soared. Millions of people have seen the prospect of overtime vanish and their working hours cut. According to the TUC, there are 3.3 million people across the UK who are working part time, but who want to be working full time. That is twice the pre-recession level. When we look at the steep rise in housing benefit, we therefore have to look at the inflation in the housing market in some parts of the country and at the underlying economic drivers of unemployment and poor economic performance.
Stewart Hosie (Dundee East) (SNP)
My hon. Friend is making an excellent speech. The hon. Member for Hexham (Guy Opperman) spoke about saving money. He appears not to realise, as I am sure does my hon. Friend, that if there was a proper balance of property, with those who are over-housed and those who are under-housed getting an appropriately sized property, the Government would save not one penny. He is therefore wrong. This policy is not about saving money, other than by directly punishing the poor.
Dr Whiteford
My hon. Friend is absolutely right. The under-occupancy penalty will apply to people who are in work and people who are out of work. It takes no account of the fact that a large proportion of the people affected are simply not available for work. The people who move into the low-rent homes may or may not be paying the rent, but it will certainly not save any money.
Mr David Winnick (Walsall North) (Lab)
Has it occurred to the hon. Lady during her excellent speech that not a single Government Member has criticised the bedroom tax in any way? Does that not reflect the manner in which the Government are conducting themselves towards the most vulnerable people in society?
Dr Whiteford
The hon. Gentleman is right. As I said earlier, it is deeply disappointing that there are not more people here to defend the Government’s policy and to debate the issues.
Mark Durkan (Foyle) (SDLP)
I applaud the strength with which the hon. Lady is setting out the case for the victims of this drive-by hit on the housing benefit budget throughout the UK. Does she recognise that there is an added complication in Northern Ireland? Given the geo-communal tensions and difficulties in Northern Ireland, a measure that sends out the message, “You shouldn’t be living there, you should move,” is fundamentally unsettling, not just for individual communities, but for community relations.
Dr Whiteford
As ever, the hon. Gentleman makes a powerful and important point. The disproportionate impact of the measure on different parts of the UK has not been thought through. The impacts on Northern Ireland clearly deserve a great deal more attention—certainly more attention than I am able to pay them this afternoon.
Ms Margaret Ritchie (South Down) (SDLP)
I congratulate the hon. Lady and her colleagues on bringing forward this timely motion. The divisions referred to by my hon. Friend the Member for Foyle (Mark Durkan) have been deepened because the Minister for Social Development in Northern Ireland handed back £15 million in the last monitoring round, rather than investing it in the provision of new-build social housing. That contrasts with what my party did when it held that portfolio.
Dr Whiteford
The hon. Lady makes an important point. It is helpful that the Secretary of State is here to hear it. I hope that he will look again at the implications of the policy for Northern Ireland.
Foster carers are also likely to be adversely impacted by the bedroom tax. Foster carers are not routinely included in housing needs assessments, and the allowance that they are paid to cover the costs of meeting a child’s needs does not include a component for housing costs. The Government expect local authorities to support foster carers out of the heavily over-subscribed discretionary housing payments pot. However, as we have already seen, that money will not even cover the most pressing needs of disabled people in specially adapted homes.
Foster carers do an important and difficult job. Children requiring foster care have, almost by definition, been through traumatic experiences and are likely to require more intensive care and attention than other children. For that reason, many fostering services insist that foster carers do not take on other work outside the home. Moreover, more than half of foster carers do not receive a fee for fostering. The Fostering Network is afraid that the bedroom tax will exacerbate existing difficulties in recruiting foster parents. Given the already extreme shortage of foster carers, the Government need to look again at how the system will work in practice.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
My hon. Friend is making a powerful case. On Monday evening, the House debated the Children and Families Bill, which contains some good measures on speeding up and streamlining adoption. One point raised was that unless the fostering section is reconsidered, the whole thing will collapse. Once again we see that this measure has not been properly thought through.
Dr Whiteford
My right hon. Friend makes a timely point given the debate that took place in the House earlier in the week.
Ian Murray (Edinburgh South) (Lab)
The hon. Lady is making a wonderful speech on this dreadful bedroom tax. Perhaps she will also consider another group involved in caring for children—parents who have split up. Access agreements made by the court for two people in my constituency are based on the fact that they have an extra bedroom. The Government are essentially saying to them, “Find the money for the extra bedroom or lose access to your children.”
Dr Whiteford
The hon. Gentleman makes an excellent point. Families going through a break-up often face some of the most complex and difficult situations for people to resolve, and we know that the cost of children growing up without a parent can be considerable both in social terms and because of the impact on the individual who is separated from a parent. This legislation will make it more difficult for non-resident parents to stay in touch and maintain proper contact with their children, and that is reprehensible.
Mr David Ward (Bradford East) (LD)
Does the hon. Lady agree that because of variations in unemployment rates and the composition of the housing stock, and because the characteristics of tenants vary between areas and the other considerations hon. Members have raised, this issue should be one of local discretion based on local conditions and phased in only when matched by a programme of social house building?
Dr Whiteford
I am sure the hon. Gentleman will want to make a speech to set out that case later this afternoon. I would like to see decisions on these policies, including the budgets, devolved to the Scottish Parliament, but I look forward to hearing the hon. Gentleman’s contribution about what works well for England.
Katy Clark
Will the hon. Lady use her eloquence and influence with the Scottish Government to ensure that they have a no-evictions policy?
Dr Whiteford
Again, I will come to that and consider some of the structural issues in a moment. First, however, I want to mention pensioners who so far have been excluded from the under-occupancy rules. That is important because many older people who are technically under-occupying are extremely anxious about the bedroom tax and frightened that it will force them to move. We must make it clear that they will not have to do so at this stage. Once universal credit is introduced, however, people of pension age who have a younger partner of working age will be subject to the bedroom tax, and again, they will be forced to move into smaller, more expensive, and often less suitable homes. That is a false economy for the Government and will have a great human cost for older couples.
Dr Whiteford
I will not give way; I am hoping to make some progress and I want to consider the structural issues we face.
Amid all the soundbites about spare bedrooms, there has been a failure to acknowledge the underlying shortage in affordable housing across the UK and the backdrop of changing population demographics. What makes the Government’s under-occupancy rules fundamentally unworkable is the mismatch between available social housing stock and the needs of tenants and prospective tenants. The scale of the problem varies across the UK, but in Scotland, for example, only 26% of homes available for social rent are one-bedroom properties yet 60% of tenants affected by this measure require a one-bedroom home. According to the National Housing Federation, in England there are twice as many people under-occupying two-bedroom homes than the number of one-bedroom properties that became available last year. No matter how we shuffle people around, not enough homes of the right size are available for affordable rent. That mismatch is entirely outside the control of tenants yet they are being punished for a structural problem not of their making.
Mr Vara
The hon. Lady is being most generous and I am grateful. Does she accept that it is important in this debate to ensure that the facts are clear? Under the previous Labour Government house building was at its lowest since the 1920s, and in the 10 years before this Government came to power social housing costs doubled. Does she accept that that system simply cannot continue?
Dr Whiteford
The hon. Gentleman is having a go at the record of the previous Government but he cannot abdicate all responsibility from previous Tory Governments who made it impossible for local authorities to build houses without them being sold off at below market value to tenants who bought them at knock-down prices. That underpins the whole shortage of supply and Government Members cannot pass off responsibility for having created the problem in the first place.
Housing in the social rented sector is by far the cheapest option for people on low incomes. In my constituency, a three-bedroom council house can be rented more cheaply than most one-bedroom flats. People who live in council houses already have limited choice about where they live and what sort or size of house they are offered. Councils and housing associations already go to great lengths to match tenants with a house of the right size, but they do not have enough one-bedroom properties to go round. Many councils allocate homes on a points-based system, which is the most transparent and fair approach, but they require considerable flexibility from prospective tenants in terms of the size, location and type of property they will accept. Demand exceeds supply. Anyone who knocks back the offer of a house because it has two bedrooms when ideally they need one bedroom may not get another offer. People cannot be picky and must take what is available.
Gemma Doyle (West Dunbartonshire) (Lab/Co-op)
I absolutely agree with the points that the hon. Lady is putting to the Government. Is she aware that 83% of the Government’s cuts have been passed directly to councils by the Scottish Government and that councils are having to deal with the sharp end of this measure? That amount of money that is being taken out of Scottish councils at this extraordinarily difficult time—[Interruption.]
Dr Whiteford
Colleagues from Wales are saying that there the Labour Government have passed on 100% of the cuts. Surely it is better that the Scottish Government have tried to mitigate the impact of those cuts on households, rather than passing them on wholesale. We must remember that most of our social housing was built in an era when people had much larger families and different housing needs. Existing housing simply does not match today’s demographics.
Dr Whiteford
I will not at the moment.
The great irony of the bedroom tax is that it will not save any money. As I pointed out early in the debate, it already costs more on average to house people on low incomes in the private sector than to house them in the social rented sector. Last year, the average housing benefit payment in the social rented sector was £80.71 a week, but in the private sector it was £107.35. Rent paid to social landlords tends to be reinvested in social housing, which in my view represents better value for money for us all. All the bedroom tax will do is cause upheaval, distress and expense to people on low incomes, most of whom, as we have heard, are battling health problems.
Dr Whiteford
I will not give way.
Although the mismatch between the housing stock and tenants’ needs is the glaring flaw in this ill-thought-through and unworkable policy, the under-occupancy penalty will have serious unintended consequences for social landlords who depend on reliable and steady flows of rent to maintain their credit rating, keep rents low, and reinvest in new and existing properties. I have repeatedly raised with Ministers the impact of welfare reform on social landlords, but to date Ministers have repeatedly failed to take seriously the concerns of housing associations and others about the impact that the bedroom tax and the shift to universal credit will have on social landlords’ finances. Last week, in response to a question from the hon. Member for Glasgow North (Ann McKechin), the Under-Secretary of State for Scotland said that he had met social housing providers in Scotland and satisfied the concerns of housing associations and local authorities. However, since then, the Convention of Scottish Local Authorities and the Scottish Federation of Housing Associations have written to him to make it abundantly clear that they are not satisfied, and that their concerns have in no way been assuaged. The president of COSLA has made it absolutely clear to the Government that all local authorities in Scotland continue to have deep concerns about the 14% and 25% penalties associated with under-occupying. Those key stakeholders recognise that the bedroom tax penalises people on low incomes who cannot move to smaller properties. They are concerned that no safeguards are in place to protect the finances should tenants fall into arrears.
Dame Anne Begg (Aberdeen South) (Lab)
The hon. Lady is right to point out the mismatch between housing stock and housing need. Many people who are building houses in both the private and social sectors build two-bedroom or larger houses because that makes more sense economically than building one-bedroom properties. What are the Scottish Government doing to encourage house builders in Scotland to build one-bedroom properties to address that mismatch?
Dr Whiteford
The hon. Lady makes a good point about the practicalities of building one-bedroom houses as opposed to two-bedroom houses. On the Scottish Government’s record on building houses, 19% of the socially affordable houses built in the UK in the past five years have been built in Scotland. The Scottish Government have built 34,000 affordable homes since they came to power. Given the lack of progress in the past, that is important.
Stewart Hosie
My hon. Friend makes a good and extremely important point on the balance between the number of properties and the number of bedrooms. However, the real solution is not changing the number of one, two or three-bedroom properties that are built, but scrapping the measure.
Dr Whiteford
My hon. Friend makes the most fundamental point in the debate. I am pleased that so many Scottish MPs are in the Chamber to contribute to the debate, but 82% of Scottish MPs did not vote for the measure, and we should stand in resolute opposition to it.
Dr Whiteford
I am delighted to give way to one of the small minority of Scottish MPs who did vote for—
Mr Reid
Yes, the hon. Lady is correct. I did vote against the measure. She makes an eloquent speech, but I am puzzled by one thing. Why was she unable to persuade half of Scottish National party Members, including her party leader, to turn up on a Wednesday afternoon to vote against the measure?
Dr Whiteford
The hon. Gentleman makes a really spurious point. Given the impact that the measure will have on his constituents, he would be better sticking to the real issue, which is the fact that the measure will not work and will harm people across Scotland.
Angus Robertson (Moray) (SNP)
The hon. Member for Argyll and Bute (Mr Reid) voted for the measure.
Mr Speaker
Order. I hope this is a point of order and not a point of frustration.
Mr Speaker
Whether putting the record straight is in order or not, the hon. Gentleman has just done it.
Dr Whiteford
Hon. Members can unite on the fundamental opposition to the bedroom tax. I urge hon. Members on both sides of the House to work to address the problems.
We can and should do a number of things to mitigate the impact of the bedroom tax. For example, the Scottish Government have moved to strengthen protections for tenants in Scotland against eviction for rent arrears. The new pre-action measures that came into force in August last year will ensure that eviction is an absolute last resort, and that tenants have access to advice and every opportunity to agree a repayment plan that is affordable for them and reasonable for the landlord.
Dr Whiteford
I will not give way.
We should also look carefully at the loopholes in the bedroom tax regulations. Apparently, the meaning of “bedroom” is not clearly defined in the legislation. I heard yesterday that one large housing association in England—the Knowsley Housing Trust—has reclassified 600 properties to protect tenants. That obviously comes at a cost to the housing association, but it is nevertheless a brave and socially responsible move. I am sure that social landlords are also seriously considering bricking up windows or taking down walls.
Other housing associations in England—the hon. Member for Aberdeen South (Dame Anne Begg) referred to this—have called for two-bedroom properties to be exempted from the rules. They argue that it makes no sense for them to build inflexible one-bedroom homes, because they want to encourage long-term tenants who are integrated in the community, not transient short-term tenancies.
Another potential mitigation measure that might help in urban areas is for housing associations to co-ordinate most effectively their waiting and transfer lists, as we have seen on Merseyside. Obviously, that will not work so well in more rural and dispersed areas, but it might help in cities. There is a range of options, and it is important that we look closely at all of them.
To return to a question posed earlier, social landlords need to be consistent in how they deal with arrears. I am not sure we can draw a distinction between someone who falls into arrears because of the bedroom tax and someone who is not under-occupying but falls into arrears because their employment and support allowance has been cut, because their tax credits have been reduced, because they lose their job or because they have fallen sick. The danger is that if some people have their arrears written off and others do not, that will quickly cause resentment between tenants, all of whom are likely to be living on tight budgets and in danger of experiencing significant increases in rent across the board if housing associations budgets come under strain.
Mr Weir
My hon. Friend makes a good point. The proposal in the petition to amend section 16 could help current tenants to avoid eviction, which is a good thing, but it will not extinguish debt, which can be chased by other means, such as arrestment of wages or money from bank accounts. We know that from the experience of the poll tax. How many years after the poll tax died were people being pursued for arrears?
Dr Whiteford
My hon. Friend’s legal expertise helps him to make a compelling point. Social landlords are aware that more people will be at risk of arrears and that they are being proactive in trying to prevent that from happening, but they are clear that their ability to provide affordable homes depends on their ability to collect rents from tenants. The real problem is that the under-occupancy penalty is unfair and unworkable. Instead of trying to mitigate its worst effects, we should concentrate on changing the underlying problems and abandoning the bedroom tax. In Scotland, we clearly have an opportunity to do that by bringing decision-making powers back to the Scottish Parliament.
Housing associations have historically been seen by lenders as relatively stable, and have been able to borrow money at competitive rates. Mary Taylor, chief executive of the SFHA, has pointed out to Ministers that
“already it is proving harder for landlords to borrow from banks, whether to build or to fund major repair and retrofit programmes. And where they can borrow it is invariably at a higher cost than before, even though interest rates generally remain low and stable. According to Housing Associations, lenders are pointing to the lack of security of rental income arising from Welfare Reform as a key factor in these rising costs. Lenders have to assess risk—and they recognise the very real risks, even if the Government is stubbornly refusing to do so. I believe the Council of Mortgage Lenders raised these issues with the Government over a year ago, but we are still to see action.”
Geraint Davies (Swansea West) (Lab/Co-op)
Does the hon. Lady agree that many councils have rightly, historically and naturally built two and three-bedroom homes for families? If councils choose to evict people from that stock as families grow up, they will end up with a massive void. The choice will be between having not quite enough rent and having no rent, which is financially absurd.
Dr Whiteford
The hon. Gentleman makes a good point—some housing associations already contend with that problem. If they are to continue to invest in their existing properties and continue to build the new smaller properties that we need to meet our changing demographics, they need to be able to borrow, and to do so cheaply. Any increase to the costs of borrowing will have only an inflationary pressure on rents and service charges. That pressure falls back on the low-income households in the social rented sector, who can ill afford it. There is no doubt in my mind that the problems for social landlords, caused by the shortfalls in housing benefit for people affected by the under-occupancy penalty, will be further compounded by the end of direct payments under universal credit.
Dr Whiteford
I will not give way to the hon. Gentleman.
The bedroom tax is a nasty, vindictive and unnecessary measure. The under-occupancy penalty is manifestly unfair. It puts disabled people on low incomes right at the front of the austerity agenda, and asks people on the lowest incomes to pay the price for the structural problems affecting the supply of affordable housing. However, the bedroom tax is also unworkable: instead of addressing the underlying problems, it undermines the ability of social landlords to invest in the kind of affordable housing that is so badly needed, and it fails to tackle the excessive private sector rents in London and surrounding areas that have fuelled inflation in the housing benefit bill.
The Secretary of State needs to get a grip. The bedroom tax will not save any money, but it will cause chaos for tenants and social landlords alike. It will cause untold distress for those forced to leave their homes and communities, or for those who find themselves grappling with spiralling debt. It is not too late for the Government to think again. I urge Ministers to reconsider: scrap this crazy measure, or at the very least look again at exempting households affected by disability; look again at the budget for discretionary housing payments; offer local authorities support commensurate with the identified needs of disabled people and foster carers; and look again at whether it is reasonable to consider two-bedroom homes as under-occupied at all. I would have more respect for the Government if the Secretary of State postponed this measure and listened.
Mr Speaker
These are matters of judgment for right hon. and hon. Members. Certainly, discretion in the use of such devices is to be encouraged, but I can say only that I had not noticed the matter. Therefore, so far as I was concerned, there was nothing outré about the behaviour of the Secretary of State. However, I note the point. Probably, the Secretary of State has noted it too, and we will leave it there.
Dr Whiteford
The 660,000 people affected by this measure will note exactly what the Secretary of State is doing during this debate. I urge him at this late stage to turn back and scrap the policy, or, at the very least, offer the mitigation measures that would make such a difference to disabled people’s lives.
In Scotland, we have a choice ahead of us. With the power to make our own democratic decisions, we could, should and must do things differently. We would never make disabled people the fall guys for Government failure. In the meantime, I hope Members across the House who care about this issue will support our motion today. I call time on this unfair and unworkable bedroom tax.
The Minister of State, Department for Work and Pensions (Steve Webb)
I welcome the opportunity—
Steve Webb
I think the hon. Gentleman is after a world record. I will, as they say in the trade, make just a little more progress—to the end of the sentence— and I will then be happy to give way. I am happy to have this opportunity to discuss attempts to end the spare room subsidy.
Pete Wishart
I am grateful to the Minister for giving way so early in his speech. It is always very nice to hear him at the Dispatch Box, but we do not want to hear from him; we want to hear from the chief guru and architect of the bedroom tax, the Secretary of State. Even at this late stage, I am sure that the Under-Secretary of State for Work and Pensions, the hon. Member for Wirral West (Esther McVey) could step aside at the end of the evening, so that the Secretary of State can come to the Dispatch Box and try to defend the indefensible. He should be here, and he should be trying to explain and defend this measure.
Steve Webb
I can assure the hon. Gentleman that the Secretary of State and I are of one mind on this issue. I will explain the context and origins of the policy, and the relevant context as to why we are seeking to take approximately £12 billion a year out of spending on social security.
Jacob Rees-Mogg (North East Somerset) (Con)
May I tell my hon. Friend that the people of North East Somerset are desperate to hear from him, are looking forward to hearing from him, and are glad that he is leading this debate?
Steve Webb
I am very grateful to my hon. Friend.
Before we go into detail about the ending of the spare room subsidy, it is worth providing a little more detail about the fiscal context in which this measure is being taken. In the final year of the Labour Government, borrowing was £150 billion a year. This measure saves £500,000 a year, so if we were trying to fill Labour’s deficit by measures of this sort, we would need 300 such measures to tackle that scale of borrowing. I expected the hon. Member for Banff and Buchan (Dr Whiteford), who opened the debate, to suggest alternative sources of revenue not just for this measure, but for every single welfare spending reduction that she has opposed—all £12 billion of it.
Andy Sawford (Corby) (Lab/Co-op)
If the hon. Gentleman’s proposition in setting out the context—on which he and I profoundly disagree—is that those who, in effect, should foot whatever difference there is between us in public finances are the people affected by this bedroom tax, I must say that he is absolutely wrong. May I give him the specific example of my constituent Cheryl Maskens? Cheryl Maskens was homeless and was offered a two-bedroom property. Had she refused that property she would have been told that she had not accepted re-housing. Should she be the person who loses out in this scenario?
Mr Deputy Speaker (Mr Lindsay Hoyle)
A lot of Members want to speak and we are only up to the Front Bench speeches. Can Members make sure that if there are to be interventions, they are short? Those who want to catch my eye but intervene too much will go down the list, and they will understand why.
Steve Webb
I am grateful, Mr Deputy Speaker.
On the analysis that the hon. Gentleman says he profoundly disagrees with, he made two comments and I will address them both. He disagrees with the analysis that there was a deficit of £150 billion, when the right hon. Member for Birmingham, Hodge Hill (Mr Byrne) famously left a note for his successor saying that there is no money left. The hon. Gentleman may not be aware—I do not know—that the previous Labour Chancellor set out spending plans for this Parliament, which involved tens of billions of pounds of spending reductions. The two biggest things on which the Government spend money are paying their employees and paying benefits. We have already squeezed public sector pay. The Opposition initially opposed and now accept that policy. The second biggest item of Government spending is benefits, tax credits and pensions. If the hon. Gentleman can tell us how we can save tens of billions of pounds from public spending without touching benefits, tax credits and pensions, I would like to hear from him. He has not given us that answer.
Sheila Gilmore
The Minister has now clearly established that he sees the purpose of this change as saving money in the welfare budget, so will he please spare us all that stuff about making better use of houses? He knows that if everybody did reshuffle into the right size of house, there would be no saving, so will he just cut those pages out of his speech?
Steve Webb
The context is the need to save public money, but there are a variety of ways that we can do that. One way has already triggered the better use of social housing stock, but we are still in the overall context stage at the moment.
Gordon Banks (Ochil and South Perthshire) (Lab)
The Minister needs to understand that the real solution is growth in the economy: getting businesses to pay more corporation tax because they are making more profit; and getting more people into jobs and paying income tax, not this draconian and horrid tax that the Government are proposing.
Steve Webb
The structural deficit, which is the part of the deficit that does not disappear as the economy grows, was estimated to be approximately £80 billion. That is what we have had to tackle, regardless of the ups and downs of the economy. That is the core deficit that the Labour party left us to deal with—these are Labour cuts.
Ms Karen Buck (Westminster North) (Lab)
Will the Minister take this opportunity to confirm his own impact statement, which makes it clear that if this policy works and encourages people to downsize to smaller accommodation, there will be no savings? Will he explain to the House which of the two objectives he supports: saving money or encouraging downsizing?
Steve Webb
No, I am afraid that the hon. Lady is not correct in saying that. There will be a range of responses to this change, which I will run through later in my remarks. Some people will stay where they are and will pay the shortfall; some people will use a spare room for a lodger or for sub-letting; some people will work or work more hours; and some people will move. Our impact assessment has a range of modelling on how people will respond, but it clearly includes people staying where they are and paying the shortfall—that is where the saving comes from.
Gordon Banks
On a point of order, Mr Deputy Speaker. A minute ago the Minister said that these were Labour cuts. May I seek your advice and clarification about who is in government?
Mr Deputy Speaker (Mr Lindsay Hoyle)
That is not a point of order, but the hon. Gentleman has certainly put his point on the record.
Ian Murray
The Minister is being generous in giving way so early in his contribution. Can this Liberal Democrat Minister honestly say that it is fair to throw disabled people out of their house because of this bedroom tax, while giving millionaires £2,000 extra a week?
Steve Webb
On the tax treatment of the wealthy, I understand that Britain’s millionaires are demanding a return to the halcyon days of Labour when they paid a 40% top rate of tax, not 45%, and when they paid 18% capital gains tax, not 28%. I hope he is proud of Labour’s record on not taxing high earners as much as we are doing.
Steve Webb
I am grateful that someone has brought a voice to the voiceless in this debate. I have heard nothing about the 250,000 people shamefully left in overcrowded accommodation by the last Government and the nearly 5 million men, women and children on housing waiting lists up and down the land. Their voice deserves to be heard, so I am grateful to my hon. Friend for his intervention.
Mr Liam Byrne (Birmingham, Hodge Hill) (Lab)
I was pleased to hear the Minister’s comments about fairness. I notice that the Conservative literature in Eastleigh says that the Liberal Democrats oppose further changes to benefits that would, they claim, make our welfare system fairer. Is he 100% sure that this measure will deliver the savings set out by the Chancellor? Yes or no.
Steve Webb
Our impact assessment is our best estimate based on what we expect the impact of the policy to be. That is all any Department ever produces. We believe that it is a robust best estimate.
Simon Hughes (Bermondsey and Old Southwark) (LD)
My hon. Friend knows that his Liberal Democrat colleagues expressed concern about this measure when it went through this House and the other House, and that it was changed as a result of some of those concerns, but does he accept that there is still concern that the message about the facts is not getting through and that pensioners in particular are worried? Will he also accept the need to address other categories of people who need separate rooms—for example, those with disabilities or those with teenage, university or service children—but whose needs are not being adequately met at the moment?
Steve Webb
My right hon. Friend has some credibility on the issue of welfare reform, because he has been prepared to vote for difficult decisions on public spending. Neither the Labour party nor the nationalist parties have taken any difficult decisions on anything—they simply oppose everything—whereas he has, quite fairly, been willing to take some difficult decisions and support them and, again quite properly, raise concerns about the detail of policy. He is entirely right. The principle of the policy must be seen in the context of deficit reduction. Given that we have to reduce the deficit, we want to do so in a way that potentially has upsides as well as downsides, such as by making better use of the social housing stock, but it has always been our intention to protect the most vulnerable. The additional £30 million on top of the core £20 million for discretionary housing payments is the key way we want to do that, and I will say more later about how we want to ensure that that system works.
Mr Rob Wilson
Does my hon. Friend agree that the question that the mover of this motion—she would not allow me to ask it—and the Labour party must answer is: do they support any restrictions on the size of accommodation for social tenants or on the amount of housing benefit?
Steve Webb
We know that the housing benefit bill doubled in a decade—up 50% in real terms—and that Labour did nothing to tackle it. With the collapse in house building under the last Government, it is not surprising that private rents, and as a result housing benefit bills, soared.
Mr Byrne
I know that the Minister does not want to deliberately mislead the House, so I know that he will stand up now, correct the record and say that Labour introduced the local housing allowance and limits on housing benefit, and acknowledge that our manifesto set out plans for a cap on benefits, including housing benefit.
Steve Webb
That is very interesting. The right hon. Gentleman and his party were in office for 13 years and decided in their 2010 manifesto—the manifesto to which he just referred—to do something to control housing benefit. In office, they do not do it, but as they are heading out of government, they promise to do something.
Gemma Doyle
Will the Minister explain to the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) that Ministry of Defence Ministers have now admitted that some armed forces families will be affected by the change? Why does he think that families of prisoners should be exempted, but not armed forces families?
Steve Webb
Let us address the position of armed forces personnel specifically, because there has been an awful lot of misinformation about that. A married member of the armed forces is unaffected, so if someone is living with a spouse and goes away to fight—[Interruption.] Let me work my way through—they will be unaffected. A young serviceman or woman living in barracks will not be affected either, because they are not social housing tenants. Many young service personnel living with parents not in social accommodation will not be affected, and neither will young people living in social accommodation who are not on housing benefit, so we are narrowing down the number of people we are talking about probably to a very small number. When a young serviceman or woman, leaves social accommodation where the parents are on housing benefit, their housing benefit will go up.
Steve Webb
If the hon. Lady knows it, I do not know why she asked the question.
The young serviceman or women, who will be on a wage, is deemed to be making a substantial contribution towards the household rent—say £70 a week or so—but when they have been away for more than 13 weeks, that non-dependent deduction does not apply anymore, so the housing benefit goes up substantially. There will be a charge for under-occupancy, which might be, say, £14 a week. Instead of paying £70 to the household housing costs, the young serviceman or woman will not have to pay anything, so if they value the room at £2 a day, they could still pay that £2 to mum and dad and be more than £50 a week better off. Rather than seeing mum and dad’s housing benefit fall, therefore, they will see it increase. So we have dealt with that issue.
Steve Webb
Perhaps I could make a little more progress.
The hon. Member for Banff and Buchan—[Interruption.] Sorry to disturb her—referred to private sector tenants and the relative position of social housing tenants. We spend more housing benefit on social housing tenants than on private sector tenants and we pay for their rent subsidy, so it is wrong to say that we subsidise private tenants more than we do social housing tenants. That is simply wrong. But if someone is living in private rented accommodation, broadly speaking we do not allow them an extra bedroom. Why, then, is it fair to have two houses next door to each other, one of which is privately rented and the other socially rented, and give a spare bedroom to the person in social accommodation, who also benefits from subsidised rent, but not to the person in the private rented accommodation?
Mr Byrne
The Minister is being characteristically generous in giving way. Why does he not tell the House the whole story and admit that the DWP has lost its case in the Court of Appeal and that its policy of discriminating against disabled people and not giving them any kind of special treatment has been struck down by the courts? That is why his Department has applied to the Supreme Court to have it looked at again. Why is he taking that to appeal and why will he not come clean to the House about how his policy is suffering at the hands of the courts because it is wrong?
Steve Webb
The case to which the right hon. Gentleman refers is in the courts now—before this policy has been implemented—so it is not specifically about this policy, but about a broader issue concerning the private rented sector. So it is a challenge to the regulations that his party was responsible for.
I will say more in a moment about the specific way in which we are planning to address the position of disabled people, because that is an important issue. Roughly two thirds of all social tenants have a disability as defined by the Disability Discrimination Act 1995, based on the measure used in our impact assessment. That is a similar proportion to those affected by this measure, so it is not disproportionate. If we look at the stock of social tenants, we inevitably find that about two thirds of them are in that category, and that is true of this specific measure.
John Thurso (Caithness, Sutherland and Easter Ross) (LD)
My hon. Friend will know about the lengthy correspondence that I have had with his colleague, Lord Freud, on my concerns regarding remote rural areas, of which there are a considerable number in my constituency. Will he or the Secretary of State agree to meet me to look at the potential for transitional arrangements that could assist those areas with specific needs relating to the change-over to this policy?
Steve Webb
We are always happy to meet my hon. Friend. He raises an important issue about rural areas, and that will obviously be germane to some of the concerns that members of the nationalist parties have raised today—
Steve Webb
And others, yes. As this is a nationalist debate, that seemed to be a relevant remark.
In response to concerns expressed in the House of Lords, we are going to undertake a rolling two-year research programme into the impact of these and other changes, and the impact on rural households will be one of the factors that we will look at specifically. Wales and Scotland are included in the scope of the research. We are happy to look at the allocation of discretionary housing payments, and at whether we have done enough justice to the needs of rural areas, compared with other areas. We will keep that matter under review.
Mr MacNeil
Did I hear the Minister correctly? Did he say that he was going to research the impact of this measure regardless of what it is going to do to people in the meantime? What he is suggesting is absolutely obscene, and the suggestion by the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso) that we should have some sort of transitional arrangements would mean that we would still end up with this at the end of the blooming day anyway. It is ridiculous. Get rid of it.
Steve Webb
Jolly good. That was helpful. We cannot research the impact of a policy that has not happened. We are implementing a change that is designed to save £500 million a year, and we have heard nothing about where others would find that money from. We have said that, as the policy is implemented, we will research and look into its implementation, because there are things that we can change as we go along, one of which is the allocation of discretionary housing payments.
Mr Reid
I believe that the policy could be made to work if people were offered smaller alternative accommodation before a penalty was imposed. As my hon. Friend knows, however, the nearest alternative for people living on the islands in my constituency could be on the mainland, and it could be 20 or 30 miles away for people living in the remote villages in Argyll. Will he look at the formula for allocating discretionary housing payments to councils, so that those in the highlands and islands could add in the rural factor and get more funding owing to the problems of the remoteness and the islands?
Steve Webb
My hon. Friend is very welcome to join the conversation between my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso) and me, which I am looking forward to. He raises an important point. My hon. Friends have credibility in this argument because they have been willing to take difficult decisions on public spending, whereas Labour has just said no to everything, disowning its responsibility for the deficit and any willingness to say where the money would come from.
Steve Webb
I want to make some progress, as I have not yet got past page 1 of my speech and I think the House would like to hear from a few other people.
The cost of housing benefit increased in real terms by 50% in the past decade to £23 billion. Given that we said we would ring-fence the state pension, the biggest thing that we spend money on, we simply cannot ignore housing benefit for people of working age if we want to save money.
Steve Webb
No, I want to make some progress.
For social sector tenants alone, the bill totalled £14 billion. That is why we have had to look at this area of spending. The system for tenants renting in the private sector has already been tightened in a number of respects, and there is a fundamental fairness issue involved here. Is it right to squeeze private sector tenants’ housing benefit while making no change in the social sector, where rents are already subsidised and where people already have an advantage? That is what we are trying to address.
At the moment, there is a spare bedroom subsidy. We subsidise a million spare bedrooms in the social rented sector through housing benefit. We have a situation in which two households next to each other can be treated inequitably. We heard the hon. Member for Banff and Buchan talk about fairness. We have to be fair to the different sorts of tenancies. Those living in the social sector already benefit from a subsidised rent. Should they also benefit from a subsidised spare room? When we have a million spare bedrooms, and over a quarter of a million households living in overcrowded accommodation, we must do better. We have to regard the spare bedrooms in the social housing stock as a precious resource that we can make better use of.
Mr Weir
What would the Minister say to people who wish to downsize from a larger home to a smaller one, but who find that such accommodation simply does not exist in their areas? In mainly rural areas such as mine, such accommodation does not exist. People could be offered another home many miles away from where they have grown up, from where they work or from where their friends are. This is a ridiculous policy.
Steve Webb
I want to stress that there will a range of responses to the under-occupation charge. Some people will move. About one in six of the households we are talking about are in work, and there are options for people who are in work. People could take work. It is often said that there are no jobs, but there are more people working in this country now than in the whole of human history. The number of people in work in this country is now approaching 30 million, so, for some, working or working more hours will be an option. It will not be the answer for everybody, but it will be the answer for some.
Steve Webb
Let me just address the hon. Gentleman’s point before he replies to my reply. I have not finished replying to his first point yet.
There has to be better use of the social housing stock. I pay tribute to the housing associations in the Liverpool area, 20 of which have come together with local authorities to pool their housing stock. I take the hon. Gentleman’s point that a small housing association might have limited stock and limited scope for moving people around, but by pooling their stock, those organisations are able to make better use of it so that more options will be available. I entirely accept his point that the answer to this question will be different in a city from in a remote rural area, and that is why we are more than happy to look at whether the allocation of discretionary housing payments to help people in rural areas is the right answer. As it happens, the allocation of DHPs is slightly over-represented in rural areas, compared with city areas, because of the way in which it has been done. We recognise that there is an issue there.
Mr Weir
I thank the Minister for that answer, but he said that there would be a range of responses to the policy, including paying the difference. However, people on housing benefit are, by their very nature, on low wages. They are already under intense pressure from rising energy and fuel prices and from freezes on benefits if they are receiving any. It will be difficult for those people to make up the difference in that way. Their choices will be very limited, and many will be forced to move by financial necessity when the change comes in.
Steve Webb
We have already seen the impact of our restrictions in the private rented sector, and we know that people make certain choices. It would be wrong of any of us to belittle those choices, given the financial situation, and I do not do so, but we have seen people on relatively modest incomes in the private rented sector saying that paying £2 a day for a spare room is worth more to them than spending that money on something else. Some people in that sector are making that choice, and that is part of where the saving comes from. Some people in the social housing sector will do the same thing.
Yvonne Fovargue (Makerfield) (Lab)
In my constituency, the choice is between staying put in two-bedroom properties, of which there is a surplus, or moving to one-bedroom properties in the private rented sector, which cost more in housing benefit. How does that represent a saving?
Steve Webb
I am grateful to the hon. Lady for raising that point. It is a common misconception that there is a one-way flow of people in this context. If someone moves from social housing into the private rented sector, as some do, that frees up socially rented accommodation, into which someone who might previously have been living in overcrowded, temporary or bed and breakfast accommodation can move. There will be flows in both directions, and we have taken account of those moves in our estimate of the cost of the changes.
Mr Raynsford
Does the Minister not recognise that the largest single driver for the increase in housing benefit in England is rent increases, not only in the private rented sector but in the social and affordable sector, because of the policies of his colleagues in the Department for Communities and Local Government who are pushing rents up higher? If a tenant moves out of a secure council tenancy into a new affordable rent tenancy, that will involve a substantially higher rent. If that person is on housing benefit, the benefit bill will rise. That is entirely counterproductive. Why is the Minister doing this?
Steve Webb
The right hon. Gentleman is very knowledgeable about housing, so he will know that the period of the last Labour Government was not a good one for the building of affordable homes. That is part of the reason for the problems we have now.
David T. C. Davies (Monmouth) (Con)
Does the Minister agree that nobody on the Government Benches takes any pleasure whatever from these changes, which have been forced on us by the actions of the Opposition who left us with a £1 trillion debt and a £160 billion deficit?
Steve Webb
My hon. Friend is quite right. These are Labour cuts because of Labour’s deficit.
Steve Webb
Let me make a little more progress, and I will give way again later.
We recognise that this is a time of change that will present challenges for tenants and for landlords, and we have to support both. One of the positive things to come out of the change is that landlords are getting to know their local authority tenants and social housing tenants far better than in the past. All too often, housing associations did not know their tenants well enough; we have now seen an important process of getting to know individual tenants and their needs. As a result, some of the more creative housing associations have schemes whereby half a dozen people have moved accommodation so that there is a better fit between the individuals and their housing needs. The 1 million spare bedrooms are a precious resource of our communities and of vulnerable people in them, and I will not have it said that those who stand up for the vulnerable are on the Opposition Benches, as we are standing up for them and we want those bedrooms filled.
Geraint Davies
Instead of having a policy of evicting people because their children have grown up, would it not be better to offer cash incentives to move to smaller housing? When I was chairman of the housing department and leader of Croydon council we offered people cash benefits rather than by evict them because their children had grown up. [Interruption.]
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I knew the difference between the two Members who rose, but with both standing I was not sure to whom the Minister was giving way. I do not need any advice from Mr Brown on this occasion.
Steve Webb
We got the right one, as it were.
We are all in favour of incentives to encourage people to make better use of the housing stock, and I welcome any measures the hon. Member for Swansea West (Geraint Davies) took to that effect, but they have not worked. We have 1 million spare bedrooms among people on housing benefit. The changes have simply not worked on the necessary scale—
Steve Webb
I have given way three times to the right hon. Gentleman, and I want to make further progress.
Dame Anne Begg
The Minister seems hell-bent on introducing this policy, but he might be able to protect some people. I think he accepts that some people will not be able to move because no suitable property is available. They will not be able to afford the shortfall and will therefore fall into housing rent arrears and could be evicted. At that stage, they become “intentionally homeless” and end up at the bottom of any housing list. Will the Minister look at that further to see whether he can do anything to ensure that someone in that position because of housing debt is not deemed intentionally homeless? Otherwise, such a person stands no chance of getting social housing again.
Steve Webb
I am grateful to the hon. Lady. The point of the policy is not for people to be evicted, which would raise costs for the Exchequer and for the individual, but to ensure that existing housing stock is fully occupied.
Let me try directly to address the issue of the shortfall. There were two ways in which we could have approached the matter, one of which was blanket exemptions, which is what we did for pensioners. I am grateful to the hon. Member for Banff and Buchan for making it absolutely clear in opening the debate that pensioners are not covered by this change.
It is clear that we wanted to protect another set of people. Let me deal with the example of foster children, whom my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) mentioned. The position on foster families is, I think, shared across the House. If people need a spare bedroom for a foster child, we want to make sure that they have one, and we want to support fosterers. The question is whether that is done better by some blanket exemption or by what we have done in costing what it would take to meet the shortfall for those families and giving the money to local authorities so that a foster family for which this was an issue—it might not be an issue for all of them—can approach the authority and have the shortfall made up.
My right hon. Friend the Secretary of State and I are entirely open to discussing whether that is the most effective way of delivering that support. Our judgment was that discretionary housing payments gave local authorities the discretion we would want them to have. If for any reason that message is not getting through and is causing anxieties to foster families who do not know about DHPs, for example, or if local authorities have not communicated well enough, we would be happy to look at whether this is the most effective way of supporting families. Where there is a shortfall, discretionary housing payments for this and other measures are available. We want to make sure that people use them when they are in genuine need. Eviction is clearly not something that we are seeking to achieve.
Simon Hughes
That was really helpful. I want to pursue the issue raised by the hon. Member for Aberdeen South (Dame Anne Begg). The Minister has said that he is willing to look at whether the discretionary funds will meet certain problems. May I take it that he and the Secretary of State would be willing to look at the categories defining which people need a bedroom, as I think some categories that are not currently counted as falling within the definition should be included in it?
Steve Webb
I can see the attraction of that approach, and I think there is a balance to be struck. The attraction of the approach for foster families would be that the size criteria could be defined and then categories of people such as a couple, teenage children and so forth could be added to the list. We could say that a bedroom used for a foster child is a bedroom, so no deduction applies, people do not need to go to the council for the DHPs and the Department for Work and Pensions rather than the local authority would meet the bill. That is one way of doing things.
The challenge for us in that approach is defining in Whitehall all the categories of people who ought to have a room. There could be difficulties even within a category, as there might be foster carers, for example, for whom this is more or less of an issue. It could vary from case to case. We have to make the judgment: where do we need to make a blanket exemption or a blanket entitlement to a room, and where do we say that we will give the local authorities money and discretion? Each side of the argument has its attractions. We have to ensure that the money we have given to local authorities is well spent and that people know it is coming.
I have been interviewed on various television programmes, which have featured case studies of people who were obviously distressed—and I do not doubt that some people are distressed by this change. Obviously, however, if they approached their local authority, they would not be affected by it. That is the issue. They would go to their local authority, which has been given money to help them; the authority would help them, so they would not be affected. My right hon. Friend the Member for Bermondsey and Old Southwark and the hon. Member for Aberdeen South (Dame Anne Begg) are right that we must ensure that people are not unduly alarmed, as in many cases money is available to help the most vulnerable.
Greg Mulholland (Leeds North West) (LD)
Does my hon. Friend think that the guidance to local authorities on how they should target the discretionary fund and discretionary housing payments has been sufficient?
Steve Webb
My hon. Friend raises an important point. We have allocated funds to local authorities with two particular groups in mind: foster families and those for whom there has been a substantial adaptation to the property. We can all see whether a house has been substantially adapted; moving someone somewhere else and adapting the property again will not be a good use of public funds. That is the basis on which the funding was allocated. We have indicated that to local authorities, but I agree with my hon. Friend that we can probably do more and will do more to make sure that local authorities are aware of the needs of those groups.
Owen Smith (Pontypridd) (Lab)
Will the Minister confirm that the total amount of money available in discretionary funds to Wales will be £6.1 million? He will have seen that the Welsh Government last week estimated the total cost to Wales of the bedroom tax at £25 million. Does he concede that there is a significant shortfall, or is he proposing to increase the money available to Wales—and, indeed, to the rest of the country, where a similar shortfall will apply?
Steve Webb
I started my remarks by talking about deficit reduction because this measure is intended to save money. The shortfall to which the hon. Gentleman refers is the saving to the Exchequer. If we fill the gap completely, we will not save any money, so we might as well not do the policy. I have to say that if Wales is getting a fifth of the shortfall, it is doing exceptionally well relative to the rest of the country.
Steve Webb
If I may, I shall respond to the Chairman of the Select Committee, who made an important point about those who are “intentionally homeless”. Although it is for local authorities to make decisions on homelessness applications as they do now, under current statutory homelessness legislation, if the only reason for the person’s homelessness is a reduction in benefit that is outside their control they should not be considered intentionally homeless by the local authority. I can put that on the record and hope it is helpful.
Owen Smith
The Minister is generous in giving way. He says that Wales is doing exceptionally well, but his own impact assessment demonstrates in black and white that 46% of claimants will be affected in Wales versus a UK average of 31%. Wales faces the largest impact—more than anywhere else in the country. Will the Minister therefore reconsider his remark that Wales is doing particularly well out of the bedroom tax?
Steve Webb
The impact of ending the spare-room subsidy that we currently pay will be an average loss in Wales that is below the national average—£12 a week, as opposed to £14 a week—and the same is true of Scotland. Both Wales and Scotland will experience below-average losses.
The hon. Gentleman asked about the size of discretionary housing payments. Across the country as a whole, we have allocated £30 million, relative to a saving of about £500 million. That £30 million is on top of the £20 million that local authorities already receive in DHPs, so a total of £50 million will now be available to them. If Wales is receiving a bigger proportion of that, it is receiving a bigger proportion of the DHPs.
Steve Webb
I am going to make some more progress, but I shall be happy to respond further later.
We have engaged actively with a range of advice organisations, including the Chartered Institute of Housing, to develop guidance for social landlords. We have already encountered many examples of social landlords working with tenants to prepare for this change. However, we recognise that certain individuals will face problems, which is why—on top of the £20 million in DHPs that local authorities already receive—we have allocated an extra £30 million. As I have said, a total of £50 million will be available to them to help people who are affected by this policy. I have already mentioned two groups whom they can help: disabled people living in significantly adapted accommodation, and foster carers, including those who need to retain an extra room when they are between fostering placements. I believe that authorities will be able to help about 5,000 foster carers, and about 35,000 wheelchair users living in adapted housing.
There has been some discussion about the position of disabled people. The definition of disability used in our impact assessment is a self-assessment based on a household survey. It should be borne in mind that fewer than a third of the people affected by the policy are receiving disability living allowance. We have also touched on the position of service personnel, and I think that I have reassured the House about that.
Helen Goodman (Bishop Auckland) (Lab)
The Minister has said that he is considering the rural element of discretionary housing benefit. Last week the BBC reported that the Secretary of State had instructed officials to look into the definition of disability, and the way in which the bedroom tax would be applied to disability. Is the Minister saying that the Secretary of State was wrong and that no instruction has been given to officials, or is he countermanding what the Secretary of State said last week?
Steve Webb
Not at all. I am not sure whether the hon. Lady was listening, but I said earlier that we kept this and all other policies under constant review, and that, in particular, we were considering whether the use of the DHP to target vulnerable groups—which is what I think the whole House wants us to do—was being effective in protecting the people whom we all want to protect. We are continuing to work on that, to ensure that we are achieving what we want to achieve.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
Given what the Minister has just said about disability living allowance, will he agree to exempt people who receive it from the bedroom tax? How can the Prime Minister possibly say that he is putting disabled people first if that is not done?
Steve Webb
At the risk of straying into other legislation, let me point out that when we had to make difficult decisions on benefit rates—which, of course, the hon. Lady opposed—we specifically exempted DLA, attendance allowance and the support component of employment and support allowance as a sign of our commitment to disabled people.
The hon. Lady suggests that we should exempt a third of those affected by the policy. As she will understand, this measure is partly about reducing the deficit and partly about making better use of the housing stock. Receiving DLA is not synonymous with needing a spare bedroom: that is the point. Someone who needs a spare bedroom can approach the local authority, and we have given local authorities funds for that purpose, but a blanket exemption of people receiving DLA does not correlate with the need for a spare bedroom.
As my noble Friend Lord Freud announced on 15 October last year, these measures will be monitored and evaluated over a two-year period from April this year. Initial findings will be available in 2014, and the final report will be published late in 2015.
Jim Shannon
May I return the Minister to the subject of disabled people in bungalows or houses to which they will have to consider moving in order to downsize? What criterion will the Government use to enable a person to justify keeping a spare bedroom? Will it be a doctor’s note saying that the person is disabled and needs a bedroom of his or her own?
Steve Webb
We have already made one specific exemption. Someone who needs a spare room for a non-resident, overnight carer can have it. That is an absolute right, and people do not have to apply for it. However, someone who is in particular need can approach the local authority, which has discretion—after all, the D in DHP stands for discretion; there is no set of national Whitehall-driven rules—and the authority can then judge whether the household is indeed in particular need of help from the budget that has been allocated to it. We have not set out a rigid blueprint; the whole point is that local authorities will have discretion to meet people and, if they think it a priority, to meet their needs.
Caroline Lucas
I thank the Minister for pointing out that the D stands for discretion, but as far as I can see it stands for draconian. The Minister is trying to give the impression that people need not worry, because they can approach their council to get the extra money. Does he not realise that the extra money that he is providing is a pittance in comparison with the amount that is needed? This is essentially an ideological attack on social housing: the Government are simply trying to get rid of it.
Steve Webb
It is astonishing that the hon. Lady should suggest that we are trying to get rid of social housing, given that we have built more affordable housing in the last year than was built, on average, over the preceding 10 years under Labour. That is an absurd suggestion. I entirely understand that the hon. Lady opposes everything—it is a kind of nihilism, which is fair enough—but her suggestion is not a credible option for a credible Government.
The research that we will undertake will include small-scale primary research involving a range of local authorities, social landlords and voluntary organisations in England, Scotland and Wales. The researchers will consider supply issues, rural effects—which were raised by my hon. Friend the Member for Argyll and Bute (Mr Reid)—and people who are unable to share rooms. When possible, they will also consider the effects on vulnerable individuals and their financial circumstances, social networks and family life. That was mentioned earlier as well.
Steve Webb
I hope to end my speech in a moment, but I shall be happy to give way to the hon. Lady.
Nia Griffith
If the Minister is so keen for people to receive discretionary payments, can he explain why the Government are taking to court a case in Wiltshire in which a disabled child is unable to share a room with a sibling? Why are they spending money on taking that case to court if they think that money should be given to such families?
Steve Webb
There is a limit to what I can say about cases that are currently in the courts. We have been given permission to appeal to the Supreme Court. We are, of course, applying the current Appeal Court ruling, and we have issued local authority guidance on how such cases should be dealt with. That case is very much in flux at present, and I do not want to say too much about it. However, let me make a general point that sums up what we are trying to achieve.
We are trying to tackle a massive structural deficit. The biggest two items of public spending are public sector pay and benefits. We have taken action on public sector pay, with little or no support from the Opposition. We have also had to take action on benefits. We have concentrated on working-age benefits because we have protected the state pension, and no Opposition Member has suggested that we should not have done that. We were trying to find £12 billion from public spending, and housing benefit is one of the biggest working-age benefits. We had tackled private sector housing benefit, and we had to look at the social sector. The most valuable way in which we can look at social sector housing benefit costs is to look at the million spare bedrooms that we currently subsidise, and to ask whether that subsidy is fair to the people who do not receive it.
These are difficult choices, but we have had to make them because of the mess that the Labour party left to us. I hope that the right hon. Member for Birmingham, Hodge Hill will begin with an apology.
Mr Liam Byrne (Birmingham, Hodge Hill) (Lab)
I think that most Opposition Members will have been pretty disappointed by what the Minister has said. A range of important arguments have been advanced this afternoon, but they have received no answers whatsoever.
Let me begin by congratulating the Green party, Plaid Cymru and the Scottish National party on tabling the motion. We support it, and we will support it in the Division Lobby later today. Since the Welfare Reform Act 2012 first saw the light of day, we have warned of the flaws that have loomed large this afternoon. It was my right hon. Friend the Member for East Ham (Stephen Timms) who first warned that the people who will be hit by the Act have nowhere to hide and that they will just have to pay up, and it was my noble Friend Lord McKenzie who said in the other place that the discretionary housing fund would nowhere near cover the costs and consequences of this policy. I am afraid that everything we have heard this afternoon merely confirms what they have said. That is why through Divisions in the Chamber and in Committee here and in the other place we have tried to put in place safeguards which would have stopped the horror show that will begin in April.
As the weeks have gone by, my colleagues have clearly set out the faults and flaws in glorious 3D Technicolor. First, we learned that someone who is handed a 12-month sentence will be exempt from this policy. I have here a list of offences which attracted a sentence of less than 12 months in 2011. It includes some 43 people who were convicted of threat or conspiracy to murder, who will be exempt. There are also 273 people convicted of sexual offences; they, too, will be exempt. Yet mothers of members of the armed forces who are currently out there serving, like Alison Huggan—the case raised by my hon. Friend the Member for Middlesbrough South and East Cleveland (Tom Blenkinsop)—will be hit, and the Minister defended this policy this afternoon.
The Secretary of State for Work and Pensions (Mr Iain Duncan Smith)
I know the right hon. Gentleman would never want to unwittingly mislead the House. He has said that if someone is convicted, they will be exempt. They are not exempt. Only those on remand will be exempt. Would the right hon. Gentleman like to correct the record?
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. Secretary of State, you cannot be standing up at the same time as the Member who has the Floor. I am sure the right hon. Member for Birmingham, Hodge Hill (Mr Byrne) is willing to give way. You should both have a little patience with each other. We do not want to end up bickering across the Dispatch Box, do we? Is Liam Byrne giving way?
Mr Duncan Smith
I just want to establish one thing: the right hon. Gentleman is now changing his party’s legal policy. It has been a very good principle in this country down through the ages that people are innocent until proven guilty, not guilty before they are proven innocent. The reality is that we stick within the existing strictures. The right hon. Gentleman has every right to oppose this measure, but he is now saying that as soon as someone is accused of a crime, they should immediately be treated as if they are guilty.
Mr Byrne
The Secretary of State cannot defend the fact that families of serving soldiers will be hit by this policy while those on remand and accused of the most serious offences we can imagine will not be hit by it. I do not think that the Secretary of State, of all people, will want to defend that. He should be speaking to his colleagues the Secretary of State for Defence and the Prime Minister, who I understand is the Chair of the Sub-Committee on the Armed Forces Covenant, and he should be bringing to this House safeguards for the families of armed personnel out on service, should he not? As he remains in his place, it is clear that he is not going to bring forward those safeguards for the families of people serving on the front line. The House will be disappointed to have observed that.
Foster parents will also be hurt. Again, we heard nothing from the Minister today about how foster parent families are going to be helped. [Interruption.] I listened very carefully to what the Minister said, and he said nothing today that countermands what he sent out in a recent circular, which says:
“a household that has an extra room for a current or potential foster child will be treated as under-occupying.”
Families in that position will be hit, therefore. [Interruption.] We then hear that under universal credit a couple where someone is a pensioner and someone is not will also be hit. [Interruption.]
Over all this, of course, looms the truth that two-thirds of the people hit by this bedroom tax will be disabled. [Interruption.] The Minister has been pleading from a sedentary position that the discretionary housing payment will somehow help. He will, no doubt, have seen the National Housing Federation research that found that 200,000 people who will be hit by this bedroom tax are on disability living allowance. The NHF estimates that if we spent all the DHP money helping those people, it would help 73,000 people, so there would be 127,000 people in receipt of DLA who would get absolutely no help whatever. Of course, that would leave nothing for foster parents either. I am afraid that the Minister cannot simply plead that the DHP is of some help to foster parents, those who are disabled and people whose houses have been adapted. The truth is very different, and he has been found out this afternoon.
Andy Sawford
Much has been said about particular groups who will be hit by this policy and my right hon. Friend is right to talk about the impact on disabled people and foster families. There are also, however, people like my constituent Hayley Duncan, who has two boys aged one and 13 who are now expected to share the same bedroom. I can honestly say I would not ask two children of mine of such different ages to share the same bedroom. Does my right hon. Friend think this is right? Is there hypocrisy here?
Mr Byrne
Of course there is. The Minister, unlike his party colleague the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), did not resile from his support for a whopping great tax cut for millionaires at the same time as Hayley Duncan and her children are being hit by this bedroom tax.
This is a policy that is unique in its cruelty. It sets out to tackle the problem of under-occupancy, and the Minister made much of the 1 million spare bedrooms he wants somehow to bring on to the housing market. As he knows, however, the policy will only save the money chalked up in the Treasury scorecard if it fails. That is the reality. About £490 million is earmarked to be saved by this policy over the course of this year, but it will be saved only if 660,000 households are hit for £14 a week for 52 weeks a year. That is how those savings will be delivered. This is not about bringing spare bedrooms on to the market; it is about hurting vulnerable people and asking them to pay extra.
What is particularly troubling to many Opposition Members is the Minister’s refusal to acknowledge that in many parts of the country there will simply not be the smaller houses for people to move into. Again the NHF has been very clear about that. In large parts of the country there is simply not the housing stock for people hit by this tax to move into. The Government have removed any shelter where vulnerable people can take cover before opening fire. This is a policy of unique cruelty, therefore. The Government are not seeking to solve under-occupancy. Instead, they are simply seeking to make the poorest and most vulnerable even poorer. As the Secretary of State once cared about poverty, perhaps he would like to justify that fact?
Mr Duncan Smith
Will the right hon. Gentleman explain the following two important points? Under the Labour Government’s local housing allowance changes, the situation for children of the same sex in respect of the size criteria was exactly the same as we are now introducing in the social sector. Why is it good for one but not for the other? Secondly, he is crowing about the number of social houses in existence, but why did the last Labour Government leave the building programme at the lowest level since the 1920s?
Mr Byrne
I am answering the question. The Deputy Prime Minister said:
“If I’m going to be sort of self-critical, there was this reduction in capital spending when we came into the coalition government…But I think we’ve all realised that you actually need, in order to foster a recovery, to try and mobilise as much public and private capital into infrastructure as possible.”
But what has happened in the past couple of years? What has happened even in the past year? For the last year for which records are available, the number of housing starts in this country has fallen by 11%. That is the reality of what this Government have delivered.
This policy is not simply a cruel punishment; it is a cruel and unusual punishment, because it is not normal—it is not usual in a modern, advanced and civilised country—to reward the rich in quite the way this Government are proposing while punishing the poor. It beggars belief that next month—the month in which those on £1 million a year will get a £2,000-a-week tax cut—those with a spare bedroom will face a £14-a-week rent rise. In what world is that fair or normal and usual? It is only in a Tory world, defended by a Liberal Democrat.
Mr Raynsford
As some very misleading comments about housing have been made by those on the Government Front Bench, will my right hon. Friend confirm that in 2007, the last year before the recession, the net additions to the housing stock in this country numbered 207,000? The current Government have presided over a collapse, and fewer than 100,000 new homes were started last year. That is their shocking record and they should not pretend otherwise.
Mr Byrne
My right hon. Friend is absolutely right about that. Of course, the Labour party is proposing to have a tax on bankers’ bonuses in order to release £1.3 billion for new housing and to spend the 4G licence proceeds on building homes. That is in sharp contrast to the sob story from the Deputy Prime Minister lamenting the fact that the Government cut capital spending too far and too fast.
Geraint Davies
Does my right hon. Friend accept that the savings that the Government anticipate and project are gross savings, not net savings? That is because many local authorities will end up with voids without rents and will make losses, so they will not be able to do their repairs, at a time when private sector rents will be pressed up by excess demand, giving returns on buy-to-lets to the private rented sector and increasing housing benefit costs. This does not add up at all.
Mr Byrne
My hon. Friend is absolutely right. The Secretary of State may truly believe that this policy will save his Department £490 million a year, but his Minister of State was rather less than forthcoming earlier on swearing that that would be the figure. The Secretary of State may genuinely believe that this policy will save £2 billion over the forecast period. If he does genuinely believe that it will save the money set out by the Treasury in Budgets gone by, he is deluding himself, because the evidence is staring him in the face: this policy will cost more than it saves.
Mr Duncan Smith
I stand by our assessments. Will the right hon. Gentleman apologise for what was done in Labour’s 13 years? The current Government have increased the level of social house building by 18% on what we inherited; it had collapsed under Labour. Will he apologise and explain to the nationalists that one reason why we are in this predicament is that house building collapsed under his Government?
Mr Byrne
House building did not collapse. In the final years of our Government we brought forward serious new investment for housing, and it is the Labour party that is proposing serious investment in social housing and new housing today. That position seems to be shared by the Deputy Prime Minister, but his Government are presiding over an 11% collapse in the number of houses being built.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
Does my right hon. Friend agree that it is extraordinarily hypocritical for the Secretary of State to be talking about investing in housing when—
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I am sure that the hon. Gentleman did not mean to use the word “hypocritical” and that he is now going to withdraw it and carry on with his question.
Stephen Doughty
I will withdraw it, and I apologise, Mr Deputy Speaker. It is extraordinary for the Secretary of State to be talking about this measure when he is putting many of our housing associations and registered social landlords at risk. Moody’s downgraded housing associations’ credit ratings this week, which means that they are not going to be able to invest either in the properties they have or in building new ones, as my hon. Friend the Member for Swansea West (Geraint Davies) just said.
Mr Byrne
My hon. Friend is right. We have the National Housing Federation to thank for estimates on the amount of arrears, which housing associations now say are going to grow. Some estimates I have seen show that housing associations face up to a quarter of a billion pounds-worth of arrears because of this policy and other changes the Secretary of State is making. At a time when the country’s debt rating has been downgraded, that will make things incredibly difficult for housing associations in delivering on future social housing builds. The bedroom tax will only make the situation worse.
Jane Ellison (Battersea) (Con)
The right hon. Gentleman has slightly moved on from the point he was making about the so-called millionaires give-away, but it is a certainty that Opposition Members will come back to it repeatedly. Will he explain, as he is particularly well placed to do so having been in the Treasury, why it was in only the last 37 days of the Labour Government that any measures were taken to increase taxes on the richest people in this country? If he is going to refer to this issue continually, he should, being a former Treasury Minister, be prepared to explain why that was the case.
Mr Byrne
I am happy to do so. It will not have escaped the hon. Lady’s notice that today’s fiscal circumstances are somewhat different from those of the 13 years of the previous Labour Government. She supports—[Interruption.] I will answer her question just as soon as the Government Front Benchers simmer down slightly. The truth is that her Government have delivered a double-dip recession and perhaps worse; they have just presided over a downgrade in the nation’s debt rating; and growth has been flatlining for the past couple of years, which has made the deficit position far worse. This Government are going to borrow more in this Parliament than Labour did in 13 years, so the question now has to be: how is the pain of paying down the deficit to be shared? Labour has always said that there has to be a mixture of growth and sensible public spending cuts—that is how to get the deficit down. What we should not be doing is having a £3 billion tax give-away for Britain’s richest citizens while asking 660,000 people to pay an extra £14 a week. How would she justify that to her constituents?
Jane Ellison
That is just not good enough from the right hon. Gentleman. The financial crash happened in 2008 and, by independent agreement, there was already a structural deficit at that time. In order not to bequeath an ever-growing structural deficit and rising debt to another incoming Labour Government or, as it turned out, this coalition Government, no action was taken in the immediate aftermath of the financial crash. Surely he cannot justify that fact.
Mr Byrne
If we are to go back over the history, I should say that, as the hon. Lady will know, at that time the Conservative party supported Labour’s spending limits—that was the announcement made by the then shadow Chancellor at the party conference. The question that confronts the country now is: how do we bring the deficit down? Once upon a time, we were told that we were “all in it together” but we now know that the truth is quite the opposite. Once upon a time, the Chancellor said that he was not going to balance the books on the backs of the poor, but now we know the truth—he absolutely is balancing the books on the backs of the poor, starting with £14 a week extra from 660,000 people.
The evidence that this policy is going to cost more than it saves is now staring the Secretary of State in the face, just as I can see it clearly, too. He will have read the reports from all over the country—[Interruption.] Perhaps he will confirm this from a sedentary position. Like me, he will have read the reports from all over the country that have gone to cabinet meetings setting out the impact of his changes to communities up and down the country. The reports could not be clearer and they confirm the substance of the letter leaked by the private secretary to the Secretary of State for Communities and Local Government that up to 20,000 people will be made homeless as a result of these changes, and that does not include the impact of the benefit cut.
This policy affects councils like Hull city council, which says that 4,700 tenants will be hit, yet in Hull there are just 73 one-bedroom and two-bedroom properties available to let. There is a shortfall of 4,700 properties for tenants. If they move into the private rented sector or to become homeless, that will cost the taxpayer a fortune. This policy will cost more than it saves, as has been powerfully argued today, and I am not surprised that the Minister of State is no longer prepared to swear by the savings that this policy is supposed to deliver.
Here we have a Department that is at the height of its powers. It has brought us a Work programme that is worse than doing nothing, it has presided over a universal credit system that I understand is on the brink of collapsing into chaos, and now we have a policy that will cost more than it saves. Why? Because the Secretary of State has been rolled over by a downgraded Chancellor and has not had the strength to resist him.
We now have the worst of all worlds. We have a Department bedevilled by an excess of stupidity and an absence of spine. The cost is paid not by the Members on the Government Front Bench but by the 1 million children who will be plunged into poverty by the Secretary of State’s Department and the 3.4 million disabled people who will be hit by his strivers tax. He should instead be bringing to this House proposals that would genuinely bring down the welfare bill by getting more people into work. We now have nearly 1 million young people out of work and nearly 1 million people out of work long term, and that is costing us a fortune. He knows full well that the housing benefit bill is set to rise by £8 billion over the course of this Parliament because of his failure to get people back into jobs.
That is why the Secretary of State should be arguing. He should find some spine and tell the Chancellor that it is about time we had a tax on bankers’ bonuses to build new homes and get people into work. If we said to people in this country that they could not spend more than two years on the dole and that at that stage they had to work, that would be a proper plan for welfare reform and for welfare to work. It would be a real alternative to this policy, which is a cruel and unusual punishment from a cruel and useless Government.
Kris Hopkins (Keighley) (Con)
I am grateful for the opportunity to speak on this important issue. As a former chairman of housing in Bradford and chair of the regional housing board for Yorkshire and Humber, I know the importance of social housing and housing benefit in meeting housing needs. My own extended family have used it and use it now.
In my district alone, tens of thousands of people are on waiting lists trying to gain access to social housing. The previous Government failed to build sufficient social housing and the former Prime Minister raided the regional housing boards’ funding allocation of tens and millions of pounds that could have been spent on addressing this housing shortage. I must say, however, that he gave some of it back, repackaged as new money, in the months leading up to the last general election. The reality is that the previous Labour Government robbed millions of pounds from the regional housing fund allocations that could have been spent on social housing and that was allocated for that purpose, and which could have addressed some of the issues we face today.
Merely sustaining the housing benefit bill of £23 billion costs each individual family £900. That is unsustainable. The Government are attempting to put fairness back into social housing, bringing the sector in line with the private rental sector.
I would like to facilitate the building of more social housing. It is really important, particularly in the current housing market, to get people on to the property ladder, if they have the opportunity, and to get them in stable housing. I encourage the Minister for Housing to make efforts to spend his limited money—some £300 million has been allocated for developing social housing—in areas such as Bradford’s canal corridor and on the excellent community scheme in Spring Bank in Keighley. The Government are delivering social housing where the previous Government failed.
Much has been said in the past hour or so about adapted accommodation for the disabled. I want to put on record what the Government have said they will do, as opposed to the somewhat misleading arguments that have been made by the Opposition. If someone lives in accommodation that has been significantly adapted for a disabled person, they will be entitled to a discretionary housing payment to address some of the shortfall. Some £30 million of the Government’s discretionary payment has been specifically aimed at foster carers and disabled people who have made changes to their homes, and when the disability means that the household needs an extra room, local authorities have been allocated a further £150 million to make discretionary payments.
Mr Edward Leigh (Gainsborough) (Con)
We need to publicise that more. A family came to see me recently in my surgery. The husband is profoundly deaf and his wife has an open permanent wound in her intestine, so they need separate bedrooms, but nobody told them the fund was available. They are therefore very worried. We need more education, so that disabled and vulnerable people are better informed about what is going on.
Kris Hopkins
What my hon. Friend says is true. We need to ensure that the facts about this legislation are put out there and that vulnerable people are not misled by some of the interesting conversations that are going on.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Which one does the hon. Gentleman want to give way to?
Hywel Williams
Recognition, at last!
The change is coming in in April. Is the hon. Gentleman satisfied with how the Government have publicised the very point to which he referred?
Kris Hopkins
Today’s debate gives us the opportunity to make that point. The Minister’s speech was excellent and clarified many of the issues, but it is appropriate that we should use all means to put the information into the public domain.
During my time as housing chair, I visited many homes in the district. The majority were in very poor condition and had been for many years. Some were built before the war. Some were sold for as little as £1; people could not live in them as they were in such a poor condition.
Mr Duncan Smith
My hon. Friend is right to raise the important matter of communications, as was my hon. Friend the Member for Gainsborough (Mr Leigh). We have been talking to councils for quite some time and we are urging them to talk to their social housing residents. They are doing that, but they are not helped when others go out and say things about the provisions that are completely untrue. There have been many scare stories about pensioners and we made it clear from the word go that pensioners were not involved, but some of the Opposition parties spent their time saying that pensioners would be affected. There is a barrier, but we are doing our level best to get the information across.
Kris Hopkins
I thank my right hon. Friend for that point. The truth is that as a Conservative, I care about the disabled. I want to champion the work and efforts of carers and we should not allow the Opposition to brand us as that nasty party. Many of our councillors are working really hard for the vulnerable people in our society, and I know that Government Members care about those people.
Kris Hopkins
No, I will not. I want to make progress on the point I was making earlier.
We wanted to transfer our housing stock into a not-for-profit trust. We renovated 30,000 of those decrepit houses into decent quality houses. We put forward a £1 billion package to transform them into quality houses and put in a 30-year maintenance scheme to sustain them through that stand-alone trust. It is successful. Our Labour councillors, local Labour leaders and trade unions voted against that package, however, and actively campaigned against it. [Interruption.] I hear the scorn coming from the Opposition, but Labour does not want to take real action. Labour councillors and representatives were prepared to allow people to live in slums, rather than intervene.
Nia Griffith
Does the hon. Gentleman accept that some local councils, such as Carmarthenshire county council, kept their whole housing stock in-house and have done an excellent job in renovating section after section of it? He should not be saying that the deciding factor is whether a council decides to keep provision in-house or to give it to another authority to look after. What matters is what is done with that stock.
Kris Hopkins
I do not know where the taxpayers of Bradford were to find £1 billion over 30 years to renovate those houses. That was the reality and the reason why the housing was put into a trust, which is delivering. The people of Bradford living in social housing were betrayed by the Labour party.
I want quality homes and I shall work to make sure we get them, but the fact is that the housing benefit budget has doubled in 10 years, on the back of the previous Government’s economic failure and mismanagement. We have to spend within our means. The public rightly expect us to get a grip on the benefits regime—a regime the Labour Government allowed to get out of control. Labour failed to build social housing, failed to manage the economy and therefore clearly failed those who are living in social housing and those who need access to it.
Ann McKechin (Glasgow North) (Lab)
I welcome today’s debate on a serious and deeply worrying issue. I, like many others, spent last week in my constituency, where almost every conversation I had—with constituents, DWP local managers, banks, post offices, housing associations, credit unions and my local citizens advice bureau—was centred on the so-called bedroom tax. Today, I listened carefully to the Minister of State, who took great pleasure in referring to the “spare room subsidy” and the question of equity. It reminded me of the debates on the poll tax in the early 1990s, when it was considered “equitable” that the poor should take a heavier burden. That message resonates today right across the House.
What struck me about those conversations last week was how unprepared we are for perhaps the most dramatic setback in decades for our housing sector and local communities, first, among the tenants. Up to the end of last year, housing providers earnestly hoped they could persuade the Government to change their mind; then they started to write to their tenants, who in turn put the letter in a safe place and hoped the issue would go away too. Only since the start of this year have tenants’ eyes been opened to the true horror, as housing associations have now started physically to knock on their door and find out how they intend to cope.
Let me give the examples of two constituents I met last week. One of the women looks after her father full time—she gave up her work 15 years ago to act as a carer—and he lives nearby in a one-bedroom flat, so she cannot move in with him. Because there are no spare houses, she faces having to move to the opposite side of Glasgow and then trying to commute every day to look after her father. The other woman is 58 years old and single; she has lived where she is now for 17 years. She is a good tenant, who keeps the area stable and looks after her neighbours, but she faces being moved many miles away to an area she does not know and where she does not know the local people—even though she does not have the money to move house in the first place. One question the Government have not asked is how we will manage moving all those people, many of whom have no spare cash.
Most welfare advisers and DWP staff I spoke to last week believe that now, we are seeing only the trickle, and that the flood of inquiries will start when the bills begin to arrive through people’s letterboxes. We know the grim facts about the lack of suitable stock—the hon. Member for Banff and Buchan (Dr Whiteford) described in some detail the extent of the problems right across the country, both in urban and rural areas—but analysis of the impact on individuals and the stability of their families, the detrimental impact on local communities as good long-term residents leave, the destabilising impact on schools and children’s education as many desperately look for properties to move to, and the likely non-payment reaction that will follow, is simply shallow and unco-ordinated.
The impact on our housing associations should not be underestimated. Earlier this month, as the hon. Lady mentioned, I raised with the Under-Secretary of State for Scotland, who is not here to hear the debate—nor is the Secretary of State for Scotland—the impact on housing associations’ credit rating. That is not just a technical point: many experts are talking quietly about the need for wholesale consolidation of local social landlords, so that they can avoid bankruptcy as they try to cope with the ruinous increases in their cost of borrowing at the same time as they face a huge hike in both arrears and administration costs, with many having only very small reserves to buffer the losses. That impact will be worsened by the introduction of universal credit later this year. Even the Chief Secretary to the Treasury is now beginning to voice concerns about the impact of direct rental payments to tenants.
Geraint Davies
Does my hon. Friend accept that some of the opportunities available to local authorities consist of, first, taking the hit on arrears; secondly, cutting repairs and maintenance to make ends meet; and thirdly, knocking down walls to convert two bedrooms into one? That is being actively done. As a former housing chair, I can see that is a practical solution.
Ann McKechin
My hon. Friend describes the problem. I represent a seat in Glasgow where all the social rented properties are in the hands of housing associations. Many of them are very small and unfortunately do not have the capacity or resources that even a local council has, and some of the smaller local authorities will be very hard pressed to cope.
In reply to my question, the Under-Secretary of State for Scotland assured me that he had met local authorities and housing associations in Scotland and discussed their concerns about credit ratings, and that they were “satisfied”. Funnily enough, the following week the Convention of Scottish Local Authorities, which represents all the local authorities in Scotland, and the Scottish Federation of Housing Associations wrote to the Minister to set out a slightly different view. The SFHA wrote:
“With respect, this does not address the issue of the credit rating of associations. Indeed I am not aware of any government impact assessment of credit rating of associations but if it does, I would welcome access to it.”
Does the Minister have an impact assessment he can share with us? The SFHA continued:
“We remain very concerned about under-occupation issues, not least given the escalation in rhetoric about non-payment of the ‘bedroom tax’, so called purposely to resonate with the Poll Tax, a debacle which left councils with a trail of debts only now being resolved even in your own constituency.”
If that seems harsh, the letter from the president of COSLA reflected utter astonishment at the Minister’s response to my question. He wrote:
“While I do meet the Secretary of State for Scotland from time to time, I can’t recall the last time we had an opportunity to discuss my concerns over welfare reform with any DWP Government Ministers….
There was a hastily arranged meeting on 22nd November…which we understand the Scottish DWP office invited a selected number of council leaders to attend. Few were able to do so, and COSLA was not represented although an officer was present to observe and take notes….
Those notes, and feedback…confirm that David Freud informed the meeting of the steps DWP are taking in response to a variety of concerns that were raised. These were felt to be inadequate, considerable dissatisfaction remained, and David Freud gave an undertaking to return to Scotland to discuss the matters further”,
but, funnily enough,
“This meeting has still not been confirmed.”
Perhaps the Minister who winds up the debate can confirm when his noble colleague Lord Freud intends to meet local authorities in Scotland to discuss with them what they can do to meet the impact of this change, which is to happen in just a matter of weeks.
The hon. Member for Banff and Buchan suggested some changes that could happen in Scotland. Unfortunately, I think her colleagues in the Scottish Government have pressed the standard pause button, saying, “We need to wait until the sun starts to shine and we have independence”, but of course that depends on a referendum and we are still waiting for the date of that. The plain fact, to which the hon. Lady alluded, is that we do not have time on our side and people cannot wait. We need to start a serious debate now on how we can resolve these issues.
The coalition talks about the ever rising cost of housing benefit over the last 10 years. Yes, it is a problem that we are subsidising landlords when rentals are increasing at well above rates of inflation, yet the Government have made not one suggestion or proposal to address that or the systematic failures in the housing market as a whole. I believe there has been a permanent change—a major distortion—in the housing market since the banking crisis in 2007. We will not simply see a bounce-back to the position in 2005-06 at some undetermined point in the calendar, so I have some suggestions on how to deal with housing as a whole, not just the issue of people on housing benefit.
Other Members have commented correctly on the need to build more housing, both in the social rented and private sectors. How much land in Scotland, or the UK, is held by building companies as part of their land banks? It is estimated that perhaps 250,000 houses with planning permission are still to be built. Has there been an audit of where those properties are? Can we levy unused plots of land to provide a stimulus to build, because in many cases builders are just waiting to get more money for the land on which they sit? Can we control private rentals? The hon. Member for Banff and Buchan rightly commented that rental levels in the private sector in Scotland, as in many other parts of the United Kingdom, are in excess of those in the social rented sector. According to Shelter Scotland, the taxpayer would on average pay more than £100 extra in local housing allowance each month if someone in Edinburgh moved from the social rented sector to the private sector, and the same would apply in Glasgow and Inverness; in Aberdeen—one part of the United Kingdom enjoying something of an economic boom—an extra £200 would be paid per month. The hon. Lady was incorrect, however, to state that increases in rentals were a phenomenon only in Greater London. There is a shortage of housing, and people cannot afford to buy a house or provide a deposit, so they are moving into the private rented sector, pushing rentals ever upwards.
In a speech last month, the Leader of the Opposition referred to reform of the law on residential leases, which should also be considered in Scotland, where the law is distinct but not that much different. The law was last altered in the early 1980s, to create short-term assured tenancies, which have become the absolute norm—the default—for all private residential domestic tenancies. Although there is clearly a market for short-term assured tenancies, they are not suitable for an increasing number of people who are looking for security and stability and to put down roots in a local community.
Mr Jim Cunningham (Coventry South) (Lab)
Does my hon. Friend recall that many years ago there were rent officers, who regulated rents in the private sector? Is that a possibility that could be pursued?
Ann McKechin
My hon. Friend refers to regulated rents. I am afraid that I am not an expert on the law of leases in England, but in Scotland long-term secured rentals are still subject to regulated rents. Very few of those remain in the United Kingdom—the average age of the residents in such cases is probably 85 plus—because frankly they were not attractive to the market at the time when the law was changed. In urban communities—the situation is worst in London, but it is an issue in areas such as Glasgow as well—transience is increasing, as people move house at ever more regular intervals, not through choice or for job reasons but because their landlord thinks he can find another tenant who is prepared to pay a higher rental. The only way to stabilise the market and get rentals back down is to improve regulation, and that is why the law needs to change. The Scottish Government should start an urgent debate about that. There is no reason why Scotland cannot lead the way in the reform of leases.
Jonathan Edwards
Will the hon. Lady confirm that should the Labour party find itself in government following the next Westminster election, it will introduce rent caps for England?
Ann McKechin
The hon. Gentleman raises a good point. The Leader of the Opposition has stated on the record that we want to reform the law of leases in England to create longer-term leases of five years plus. That would be a good measure to stabilise the market.
Registered social landlords should also be provided with much better assistance. Scotland has many small housing associations. The Scottish Government, working with local authorities and housing associations, should be much more proactive in seeing how they will cope with the additional costs they will undoubtedly incur. The housing association is often not just a landlord but acts as the hub of the local community, providing community resources and arranging contact with local police or local schools. It is very much in the control of local tenants and represents the local community. Should a consolidation of housing associations be necessary, it is vital that that be planned rather than chaotic, and that they be fully supported throughout the process.
In Scotland there is also a need to examine how local authority powers under social work legislation can be used. As Members have commented, the costs of eviction and of housing people under the homelessness legislation are high, and in many cases it is much easier, and cheaper for the public purse, for a person to remain in their house.
We also need to consider increasing council tax bands, to find out whether we can levy the additional £50 million per annum—that is a rough estimate—that the change will cost social landlords and councils. That would provide a buffer zone. I believe that those with the broadest shoulders, not the poorest, should take most of the burden.
Doing nothing is not an option. Dropping the bedroom tax and working with tenants, housing associations, local authorities and the devolved Administrations to reduce housing benefit costs in a sensible and co-ordinated way that does not kill our communities should be the only option on the table. I urge the Government to reconsider.
Greg Mulholland (Leeds North West) (LD)
The policy under discussion has clearly led to much debate and concern, some of which has been based on misunderstanding and misinformation, and some of which has been based on people’s fears about the changes that they will have to face in April.
No one in the House could argue with the idea behind this policy, which is to deal with the fact that there are people in social housing who have more rooms than they need. The Government have said that 1 million spare bedrooms are having to be subsidised by other taxpayers, but the nub of the issue is the disagreement about whether all those bedrooms are really spare rooms.
Greg Mulholland
I do not think that the Government have got it right, and I ask them to address the issue compassionately and with common sense, not only through the application of discretionary housing payments, which are essential and welcome, but through the provision of further exemptions for certain categories.
Sheila Gilmore
I welcome some of the hon. Gentleman’s approach, but he appears to be proceeding on the basis that the measure is about making better use of housing in a planned way. However, the Minister has made it very clear that it is about saving money.
Greg Mulholland
It is clearly about both things at the same time. Were it not about both, the Government would not be pursuing it. Were it not for the fact that the measure will save money, it simply would not have been put forward and no Member on the Government side of the House would have been asked to vote for it in any shape or form. That stands in great contrast to the hon. Lady’s Government, who, for over 13 years, dealt with neither point and allowed the problem to be ignored entirely and the welfare budget to get out of control. We have to make difficult decisions. It would be good to hear—
Greg Mulholland
I will not give way to the hon. Lady again, but I will give way to the hon. Member for Dumfries and Galloway (Mr Brown) if he still wishes to intervene.
Mr Russell Brown
Will the hon. Gentleman clarify something for me? There is much talk about 1 million empty bedrooms, but there is some confusion about that. Are we talking about 1 million empty bedrooms in households that exclude pensioners, or would pensioner households create 1 million-plus empty bedrooms? Are we talking solely about households excluding pensioners?
Greg Mulholland
As the hon. Gentleman has clearly heard, it is the former. I hope that is clear.
The simple reality is that the social housing sector has an exemption in this regard that the private rented sector does not have. It is important to remember that in April 2008, when I sat on the Opposition side of the House, the previous Labour Government introduced the local housing allowance. I was a member of the Work and Pensions Committee at the time and know that it was not an entirely controversial measure, as Opposition Members will remember. We scrutinised it and raised concerns, but the then Labour Government were absolutely clear that local housing allowance would and should depend not only on the maximum rent allowed for properties in the area, but specifically on the number of rooms a tenant needed.
Again, the principle behind bringing this measure into the social housing sector is reasonable, and it would be helpful if the Opposition at least acknowledged that and said that they wish to assist and encourage people who are over-occupying and have more bedrooms than their family need to seek alternative accommodation in order to free up those properties. We all know from our huge case loads that that is needed. We can blame the previous Government and the Government before them for simply not building enough and for the absurdity of allowing the right to buy a council house without then building more to replace them. Those are things that this Government have committed finally to addressing.
Mr Jim Cunningham
The previous Labour Government, like Governments before them, always had difficulty with the issue that the hon. Gentleman has just mentioned, but the difference is that what his Front Benchers are proposing is a benefit cut.
Greg Mulholland
I am not quite sure what relevance that adds to the point I was making. Again, the hon. Gentleman’s Front Benchers were committed to benefit cuts in their 2010 manifesto, which they seem conveniently to have forgotten.
As I have said, I do not believe that the Government currently have the policy right. I have told the Minister of State, Department for Work and Pensions, my hon. Friend the Member for Thornbury and Yate (Steve Webb), and other Ministers and colleagues that I believe that other exemptions should be included. Let us remind ourselves who the current exemptions are for: those of pensionable age; those in local housing shared ownership; those in temporary housing; the recently bereaved, who have protection for 52 weeks; and those who are provided with overnight care by an unpaid carer. I firmly believe that there should be other exemptions, as I said when the Bill was going through the House. We were unsuccessful in achieving any of our proposed amendments, which is why I did not support the Bill at the time. I made it clear that I could not support the policy as it stood then, and I cannot support it as it stands now.
Let me explain the other exemptions that I believe should be included. First, if it is deemed that two partners have to sleep in separate rooms for medical reasons or because of a disability, clearly they should be exempt. Similarly, if a child with a disability is deemed to require a separate room, they, too, should be exempt. Social housing plays a different role in the housing mix and is there, in particular, to support families in that situation who also have a low income. Of course, that would help with the current issue over the Court of Appeal ruling. The easiest thing for the Government to do would be to accept those exemptions.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
I am listening to the hon. Gentleman carefully. Obviously, I would prefer that this change was not happening at all. While he is on the subject of possible exemptions, does he agree that foster parents should also be exempt? When I raised that with the Minister at Work and Pensions questions, he talked about a discretionary fund, but foster parents in my constituency have told me that, because of the uncertain future, they might be put off continuing to foster. Would it not be much better if foster parents whose spare rooms are not a luxury but used to care for children who would otherwise probably be cared for at greater cost to the public purse were also exempt?
Greg Mulholland
The hon. Gentleman pre-empts what I was about to say, because the next thing on my list is foster carers who are in between children to be cared for. Much of the criticism of the Government has been unfair and party political, which is in the nature of democratic politics, but the principle behind this measure, as I have said, is reasonable. We need to try to address the issue because of the housing crisis we face and to enable families living in seriously overcrowded accommodation to find appropriate housing. However, it is important that the Government do not undermine other key objectives, and clearly one of those is placing more children with foster families and encouraging more people to foster. I am afraid that that is what the measure, without the exemption, threatens to do.
The other category that I believe should be exempted is families who have sadly split up because the parents have separated, which is always difficult for every member of the family. In the majority of cases, the father is the non-resident parent and the parent without care. Whether they have their child for three days a week or two days a month, for example, is in many cases not determined by them; it is often imposed and has to be accepted even though the non-resident parent would like their child to stay with them more often. The parent wants to ensure that when their child stays they feel that it is also their home.
We talk about broken homes, but in reality we are talking about a family with two homes, or in many cases we are talking about two families. It is therefore perfectly reasonable for the non-resident parent to maintain a bedroom and keep it for their child, with their things in it, so that when they come to stay they know they are staying with their other parent, at their other home and in their other bedroom. I think that is very important. Of course, child benefit is paid to the parent with care, so there can be serious financial pressures on the non-resident parent, who still has to feed the child, possibly for up to three nights a week, and indeed they also want to be able to contribute by buying things for them.
My message to my hon. Friend the Minister is please to look at these things again. He is absolutely right that there must be room for discretion, and some of that should rightly be exercised locally.
Ian Lavery (Wansbeck) (Lab)
Does the hon. Gentleman think that the outrageous advice given by DWP Ministers to vulnerable and disabled people that they should take in lodgers—people off the streets—simply to remain in their own properties is a good and sound idea that will not cause massive problems?
Greg Mulholland
In certain cases people have the choice of taking in a lodger in order to enable someone else from their family to live there. However, my point is that there should be clear exemptions based on a clear medical need for a separate room, and if people have those exemptions, that discussion is no longer necessary.
If the exemptions that should be in place are there, the question of where local discretion should be used becomes discretionary rather than a set of difficult choices. Discretion should be used, for example, in the case of properties that have been adapted on the basis of a certain need.
Wayne David
The discretionary payment is for disabled people who have properties that are adapted, but many of them do not live in properties that have been adapted, so they are excluded. Does the hon. Gentleman share my concern about that?
Greg Mulholland
I have made it clear that the exemption needs to be a straightforward one for people who need a separate bedroom because of their disability. Again, if that is in place, we do not need to have this discussion, and then we have to look at whether the adaption should qualify.
Similarly, there is local discretion if a bedroom is clearly needed for storage of medical equipment for a child with a particularly severe disability, for example. Discretion can also be applied for people with certain mental health conditions—something that can be far better assessed locally than it possibly could be through legislation.
The people who know best about local issues and problems with housing stock are those in the local authorities and housing associations. In some areas, local authorities and housing associations have been keen to place people in accommodation that has been very hard to let. They will often put, say, single people or couples into a two or three-bedroom property in what has been deemed a difficult-to-let area, and so they end up under-occupying. It becomes ironic if someone then has to move away from that area, leaving the property lying empty. The discretion should be intended precisely to deal with that kind of knowledge of each different local housing issue.
Mrs McGuire
Given the list of suggestions that the hon. Gentleman has identified, I can do nothing other than agree with the main thrust of his argument. Does he think that the discretionary payment that the Government have allocated is adequate to meet even his list of exemptions, which is not exhaustive?
Greg Mulholland
We need to have the further exemptions that I have mentioned so that we are clear that discretion is just that, rather than for dealing with large categories of people whom many of us believe should be exempted in the first place. We can divide up the amount put forward by the Government, which is a significant sum, but it needs to be targeted at the types of matters that I have specified, and it has to be discretionary. That is why it is essential that we have the further exemptions or give councils the choice.
Greg Mulholland
I am conscious that other hon. Members want to speak, but I will give way.
Cathy Jamieson
I thank the hon. Gentleman; he has been very generous. Does he accept that many people are worried because they will not be able to apply for the exemption until the scheme kicks in, so by the time they are assessed they will have potentially built up rent arrears?
Greg Mulholland
That is not my understanding. I am encouraging people to contact their councils now, and that is the message that each and every one of us should send out. There is clearly an information problem that needs to be dealt with, because people should be applying for these exemptions now. I am encouraging them to do so, and some in my area already have.
To ensure that this policy succeeds in its twin objectives of bringing down the cost of the welfare budget and freeing up homes, it is important to allow the discretion so that people should be subject to paying the additional sum only if they have turned down reasonable smaller accommodation—because in many areas there are not enough one-bedroom properties around. Members from rural constituencies have expressed concern about people potentially being moved great distances to a house, taking them away from their communities. Again, there needs to be local discretion, and it applies even in urban areas. For example, someone in the north of Leeds, in Yeadon or in Otley in my constituency, might be asked to move right to the other side of the city. There are factors that need reasonably to be considered as part of local discretion: for example, if the person is in work and receiving housing benefit and does not have a car, it can be very difficult for them to get to work, or they may need family support for caring, for child care responsibilities or in relation to schooling.
I hope that I have made it clear that I fully support the Government’s desire to tackle the spiralling cost of welfare benefits and the reasonable and sensible measures that they have proposed that are designed to do that. I fully support their policy thrust of making sure that our welfare system is properly focused on those who most need it. The same should apply to our social housing sector. There are difficult decisions for all parties in making sure that social housing is being used by the most vulnerable and the poorest in our society, because at the moment it is not being used in that way.
On this occasion, I have to say to my hon. Friend the Minister that I will abstain on the motion because, as this policy stands, I still feel that it does not pass all the tests that the Government have rightly set themselves. I urge my hon. Friend, the Secretary of State and colleagues to look at it again. They should look very seriously at what further exemptions could be introduced to deal with the remaining issues. They should also make sure that they bring forward a full and proper programme of review so that as the policy goes forward it can be reviewed to see whether it is doing what it set out to do and is not leading to unfair and unforeseen consequences, in which case they would have to make changes further down the line. I urge them to look at the measure again now, before it is introduced, to see what can be done to show people that it is about improving the system so that it is aimed at bringing down the cost of the welfare budget and positively trying to deal with the problem of overcrowding in which many families find themselves.
Jessica Morden (Newport East) (Lab)
I want to begin by talking about the impact of the bedroom tax on Wales and my local area. I say “bedroom tax”, but I note that the Minister has renamed it during the course of this debate as the “spare room subsidy”. That sounds a lot better, and I am sure that that will be of great comfort to those facing it in April.
The hon. Member for Banff and Buchan (Dr Whiteford) described in her excellent contribution how this provision is just part of an accumulative effect that is hurting the vulnerable. I want to mention the case of a couple I met during the recess when I was knocking on doors in my constituency. They have been hit not only by the bedroom tax, but by other things as well. They had worked all their lives. The husband used to be a driver, but he was hit by rheumatoid arthritis and had his driving licence revoked. He has, therefore, been unable to work, not least because, as he showed me as I sat in his kitchen, he cannot hold a mug for any length of time. He was moved off incapacity benefit on to employment and support allowance, and was then incorrectly put in the work-related activity group on reduced benefit.
The husband’s benefit and that of his wife were reduced as he waited for his appeal, which took eight months to come through. He won it, then two days later he received another letter from Atos telling him to go back for a work capability assessment. In the meantime, because the couple’s income had dropped, they were forced to claim housing benefit and received a letter telling them that they would be liable to pay the bedroom tax in April. Luckily, the husband had won his appeal after an eight-month wait, so he thought that that might help but, on top of everything, his wife, who had worked in a manual job, was diagnosed with myelopathy. She had hoped to retire this year, but will now have to work another three years because of the Government’s changes to women’s pensions. To cap it all, this couple’s experiences with the work capability assessment mean that they are now absolutely terrified of the personal independence payment, particularly the mobility component, which may lead to them losing their mobility vehicle.
I hope that the Minister does not in any way underestimate the palpable fear and anxiety among the disabled community. This couple worked all their lives until illness hit them later in life and they now find themselves hit on all fronts when they need a safety net. The Government’s replies are doing nothing to allay their fears.
Advice services, which are themselves being hit hard and cut, are also experiencing anxiety, as are housing associations and local authorities, which in my experience locally are working extremely hard to try to mitigate the profound effects of the bedroom tax.
Nationally, as we have heard, 31% of housing benefit claimants of working age in the social rented sector will be affected. As the shadow Welsh Secretary, my hon. Friend the Member for Pontypridd (Owen Smith), has said, in Wales that figure is 46%, with the Department for Work and Pensions estimating that 40,000 tenants will be affected. Newport city council in my area has calculated that 2,455 households will be affected. Newport City Homes housing association says that 1,794 of its tenants will be affected and Monmouthshire Housing Association, which covers parts of my constituency, notes that it has 421 such tenants. What choices do those people face? They can move to a smaller social housing property, pay up or move into private rented accommodation.
Turning to smaller social housing—to give an idea of the real impact in my area—there are 4,220 people on the common housing register in Newport and 2,500 in Monmouthshire. There is not enough social housing available. For example, of those affected in Newport, 916 will be looking for one-bedroom houses or flats, and 823 for two-bedroom properties.
In total, Newport City Homes has only 1,264 one-bedroom properties and 2,600 two-bedroom properties. Today on the common housing register website—Newport housing options—only 32 properties are advertised. There are very few smaller properties. The point has been made that whole estates in Wales have very few one or two-bedroom properties. In the past we needed larger properties, so that is what councils built. The scarcity of larger properties may be a problem in big cities in England, but in Wales there is a scarcity of smaller properties. There is simply nowhere to move to. As Community Housing Cymru has said,
“the option of tenants downsizing would prove difficult in almost all cases”.
The other option is to pay more. As the excellent report by the Bron Afon housing association in Torfaen highlights—I hope that the Minister has looked at it—many of those affected consider themselves to be just surviving already. Many are like the man I met on an estate last week, who said that he left the heating off until tea time because the price of food was going up every week and he did not want to go into debt. A family in the Bron Afon study, which surveyed all its tenants, concluded that the only solution was to eat two fewer meals a week.
As the study showed, people want to stay in their own homes, not least because they are the homes in which they brought up their children, where they may have lost a partner and where they have memories and have lived for years. They may have had them adapted and they may also have family ties and help with child care. These are their homes. In Community Housing Cyrmu’s survey of people affected, 13% said that they would consider downsizing, 8% that they might consider a lodger and 79% that neither of those options was suitable and that they would apply for the discretionary housing payments, which is where the problems arise.
Mr Andy Slaughter (Hammersmith) (Lab)
My hon. Friend is making the case well that this is a tax on the poorest. It is not about freeing up housing or downsizing. In my local authority, 824 tenants are affected but just 48 may be rehoused. Despite that, the Government describe this decision as morally right. But it is about punishing the poor.
Jessica Morden
I agree with my hon. Friend’s excellent and powerful point.
According to the Trussell Trust, the huge increase in the use of food banks is due in no small part to the benefit changes. Some 42% of those who turn up for their three-day supply of food are not able to balance their budgets because of benefit delays, mistakes, sanctions or reviews. Front-line professionals have to give a reason for a referral to a food bank and problems with welfare are increasingly being cited.
With food inflation above 4% and increases in energy and petrol costs, it will be impossible for many people on low incomes to absorb the additional housing costs. Rent arrears will increase and housing associations might struggle to deal with that. The Welsh Tenants Federation estimates that 10% of tenants are already in debt to their social landlord and that a rent increase on top of those rent arrears could result in 4,000 people presenting themselves as homeless. Newport city council in my area estimates that there will be a 5% increase in homelessness next year.
The Government’s answer to those who cannot move is that the discretionary housing payment will deal with all the issues. Newport is getting £343,000 of discretionary housing payment and Monmouthshire £121,000.
Stephen Mosley (City of Chester) (Con)
The hon. Lady is portraying a bleak picture, but as we heard from my hon. Friend the Member for Leeds North West (Greg Mulholland), Labour did exactly the same thing in 2008 when it introduced the local housing allowance in the private sector. Any of us could have stood up then and said exactly the same things that Opposition Members are saying now. Why did Labour introduce that policy in 2008?
Jessica Morden
It did not work like that. We are debating a policy that will come in in April. As Members have explained, it will be applied retrospectively to people who have been living in their houses for decades. Government Members have forfeited the right to make such interventions because they have given tax cuts to millionaires.
Julie Hilling (Bolton West) (Lab)
To respond to the intervention by the hon. Member for City of Chester (Stephen Mosley), when the local housing allowance was introduced, it did not affect people who were in tenancies at the time, but was applied when people moved house. It therefore did not have the punitive effect of the bedroom tax.
Jessica Morden
My hon. Friend is right. This is a retrospective hit on people who have lived in their houses for decades.
Helen Goodman
The local housing allowance, whether it is for a one-bedroom, two-bedroom or three-bedroom property, is paid at higher rates than housing benefit in the social sector.
Jessica Morden
My hon. Friend is right that private rent is higher. I will come to that point later.
Although Monmouthshire Housing Association is getting £121,000 in discretionary housing payments, it forecasts that its rent arrears will be about £225,000. The Government have set a budget without knowing whether it will be sufficient and are hiding behind it when asked difficult questions. That is as callous as the bedroom tax itself.
If there is no social housing and a person cannot afford to stay in their home, renting privately might be the only option. However, it is an expensive one. Given that the stated aim of the policy is to save money, the policy clearly has no logic. Although the Government do not seem to care about the human impact of the policy, they might at least look at this issue. A cursory look at the property in my area illustrates the point. The policy is more expensive, even with a reduced local housing allowance. In the Bron Afon study, every single property in Torfaen is more expensive than housing association properties.
Not only will the policy cost more money; the impact on families cannot be overestimated. It is a profound change that will have profound effects. People will have to move away from family members who provide child care, there will be no help for those who foster and the disabled will be hit yet again.
Jessica Morden
I will carry on because I believe that the hon. Lady will be speaking later.
This policy will cause family breakdown. That was illustrated graphically to me by two local cases. The first is that of a divorced father in a two-bedroom house who has his kids to stay at the weekend. As he is under 35 he might be expected to share accommodation, with all the child protection issues that that raises. The second case is a mother of four who was rehoused after great turmoil resulting from domestic violence. She now has to uproot herself and her children who are settled in school because one of her children has moved out and the age of the two youngest means that they have to share one room—the definition of a box room, I presume, being a spare room.
There are many issues and no time to do them justice. So far, the Government’s response has been to shrug their shoulders and tell housing associations to be creative. In my experience, housing associations—unlike the Minister—have spoken to their tenants and know the reality. Alongside local authorities and the Welsh Assembly Government housing associations are being creative, but all the creativity in the world cannot alleviate the basic problem that there is no social housing, and payments to local authorities do not even begin to address the issue. If this measure is about saving money it will surely fail.
Jane Ellison (Battersea) (Con)
It is a pleasure to take part in this debate although some of the contributions so far have been characterised by exaggeration, which has not been helpful. Given the previous contribution by the hon. Member for Newport East (Jessica Morden) and the lead from those on the Labour Front Bench who say that they will join the nationalists in the Lobby tonight, I certainly expect the right hon. Member for Birmingham, Hodge Hill (Mr Byrne), when he responds at the end of the debate, to commit the Labour party—[Interruption.] Well, in that case I put the point to Labour Members who wish to speak later in the debate. Will they call on their Front-Bench spokesman to commit that a Labour manifesto would reverse this measure? That is very much what I am hearing from the Labour party and I think all Labour Members who speak in this debate must say where they stand.
We are now closer to the next general election than to the previous one, and it starts to become inadequate for the Labour party to say about everything—[Interruption.] I am addressing my comments to the Labour party because, to be honest and with all due respect, it is easy for the nationalists to say anything they want because they are not likely to form a Government. The Labour party aspires to be the next Government of this country and claims that it is credible on economic matters such as balancing the budget and addressing the deficit. The moment of truth is fast approaching and the Labour party must say what it would do about some of these measures.
Jane Ellison
Let me develop my point a bit further, unless the hon. Gentleman wishes to confirm that he will be calling on those on the Labour Front Bench to make a manifesto commitment on that point.
Mr Brown
I appreciate that the hon. Lady came to this House in 2010, but may I tell her something of which she may not be aware? When the Minister who opened for the coalition Government was in opposition, along with the Chief Secretary to the Treasury he condemned the Labour Government time after time when we considered welfare reform and said that we were not doing enough. They have both completely flipped over. They are worse than any of the hon. Lady’s Conservative colleagues because they relish the job they are doing.
Jane Ellison
With all due respect, that was not in any sense a response to the challenge I made to Opposition Members.
Stephen Mosley
It might help my hon. Friend if I quote something that the shadow Secretary of State for Work and Pensions wrote earlier last year when he said that
“housing benefit alone is costing the UK over £20 billion a year. That is simply too high. Beveridge would have wanted determined action from government to get communities working once again, not least to bring down that benefits bill to help pay down the national debt…He would have wanted reform that was tough-minded, and asked everyone to work hard to find a job.”
Does my hon. Friend agree with the shadow Secretary of State?
Jane Ellison
I agree with my hon. Friend and that point underlines the problem of the official Opposition on this issue. To date, the Labour party has voted against something like £83 billion of deficit reduction measures. As we move closer to the next general election, there comes a point where, to be credible, Members must start to say what they would do.
Jane Ellison
No, I want to develop this point a bit further. The Government have put forward a lot of measures. No one would claim that they are all perfect and thoughtful contributions were made earlier in the debate about areas that the Government need to address. That could be through discretionary housing payment or the rolling review—I welcome the Minister’s reference to that because it is sensible to say that a policy such as this should be kept under review so that the Government can move swiftly to take any action that might be needed. However, that is not the same as blanket opposition to the measures.
As the hon. Member for Dumfries and Galloway (Mr Brown) said, I am a new Member of the House, but it strikes me that, in the past couple of years, the Labour party has relished the opportunity to oppose everything, but that is not credible. My hon. Friend the Member for City of Chester (Stephen Mosley) referred to the speech of the shadow Secretary of State. He tried to re-establish economic credibility, but he comes to the House week after week and month after month to oppose everything.
There will come a point when Back-Bench Labour Members have to make difficult decisions. My strong suspicion is that reality will dawn on Labour Front Benchers as we approach the election, and they will start to make speeches that begin to reflect something like the economic reality that Britain faces. At that point, the Labour Back Benchers who sit in the Chamber week after week relishing the opportunity to oppose everything and say that the Government’s measures are dreadful must make difficult decisions. One Member said in the debate that we are killing communities. Such exaggeration is grotesque.
Jane Ellison
I will give way to my colleague on the Select Committee on Work and Pensions.
Sheila Gilmore
The hon. Lady is, I fear, attempting to defend the indefensible, but her problem is that, despite all the cuts being carried out and the hardship, there is no growth, and debt will rise more than the Chancellor predicted. In other words, the cuts and the hurt are not working.
Jane Ellison
I am glad the hon. Lady has given me an opportunity to respond on that point. It was always predicted that debt would rise for most of this Parliament. It is true that that period has had to be extended, but that is not a surprise. The structural deficit is being reduced. To return to an intervention I made on the right hon. Member for Birmingham, Hodge Hill, who spoke for Labour, if Labour had begun to address some of the structural deficit problems when the financial crash hit in 2008, the current Government might not have had to take some of the difficult decisions they are taking now. Housing benefit is a classic example.
Jane Ellison
I will be delighted to give way to the hon. Gentleman if he can tell the House why the Labour Government did not introduce measures to bring the housing benefit bill down from 2008 onwards.
Mr Slaughter
I understand the hon. Lady’s point—she, like the Conservative party, believes that the poor should pay and the rich should get away with it. Like me, she represents an inner-London constituency. More than 2,000 families in my constituency will be unable to pay their rent because of the measure. At the same time, councils such as Wandsworth and Hammersmith are refusing to build social housing and are selling it off. What is that if not destroying communities? How does she defend it?
Jane Ellison
I do not know how the hon. Gentleman can begin to criticise Wandsworth council, which has just set the lowest council tax in the country—it has done so for many years in a row. The difference between Wandsworth council’s band E tax and that of many surrounding councils, and particularly that of many high-spending Labour councils, is enormous—it is the equivalent of a family holiday, a new car or a new three-piece suite. That illustrates the benefit of low tax and leaving people with more of their own money to spend on what they will. I am glad the hon. Gentleman gave me the opportunity to pay tribute to Wandsworth council’s low council tax policy.
Some of my constituents will be affected by the measure—[Interruption.] I realise that other hon. Members want to speak, but if Labour Members want to make every general economic point and make endless reference to tax cuts for millionaires and that sort of thing—[Interruption.] Well, I made the point earlier that the Labour Government had several years after the financial crash and after financial reality had dawned to do something about the upper rate of tax, but they did nothing. The higher rate was in effect for, I believe, 37 days before the election. A lot of nonsense is spoken about that.
As I have said, we could look at aspects of the measure. The Minister’s speech was helpful because he clarified concerns and misunderstandings. The measure draws attention to the fact that subsidised social housing is a scant and important public resource. The fact that subsidy is built in to the rent for social housing means that social housing is often not appreciated as a valuable resource, and we should aim to provide access to it for as many taxpayers as possible.
I would like to make a point on behalf of the many people who come to see me who are over-occupying. No one claims that this policy will free up all of the 1 million rooms, but it might well encourage people to look at being in appropriate-sized accommodation. Many housing directors tell me that if they could match people to the correct-sized accommodation, they could resolve much of their waiting lists—that is what I have been told by people with many years’ experience in this field. This is not a panacea, but there are people in wrong-sized accommodation. If this measure starts to get people thinking and encourages them to move into right-sized accommodation where it is available, that is a good thing.
Heather Wheeler (South Derbyshire) (Con)
My hon. Friend’s point is very interesting. Many councils, such as the fantastic South Derbyshire district council, encourage, enable and give people money to move. This will all be part of the package. It is not draconian; it brings it to the fore.
Jane Ellison
It is right to put on record that many councils are responding sensibly and imaginatively to the many challenges that have been handed to them by the inevitable decisions that the Government have had to take.
Another group of people who often come to see me in my surgeries, and for whom there is no solution in social housing, are young single people, in particular young single men. I always feel my heart sink when they come to talk to me about the possibility of getting any sort of subsidised housing, because, as we all know, they attract absolutely no points. If some people affected by the removal of the subsidy choose to rent out a room, I would welcome that because the group likely to benefit would be those young single people in areas such as mine. They do starter jobs that are much-needed in a 24 hour city such as London. [Interruption.] The hon. Member for Bishop Auckland (Helen Goodman) from a sedentary position is questioning whether anyone would do that—people used to do it all the time. To return to the point about exaggeration, earlier in the debate someone implied that the inevitable consequence of deciding to take in a lodger would be some sort of abuse or crime. People used to do this all the time. Raising people’s fears and exaggerating them is not helpful at all.
Jane Ellison
Let me finish this point. I have checked with my council and it is the case that council tenants, as long as they do not either overcrowd or sub-let the lease, are able to take in a lodger if they so choose. For some people that might be a sensible solution. That might help the young single people who come and see me, and to whom I can give no suggestions about where they might find socially subsidised housing. If they are the winners of this process, that is a good thing, because they are currently the losers.
I am aware that other hon. Members wish to speak, so I will just draw attention to some of the practical measures being done by councils. There is an extra £30 million of discretionary housing allowance, and my council has certainly seen a significant rise in its discretionary amount. It has already put together a co-ordinated action plan between the finance and housing departments. It has contacted all potentially affected recipients and customers, and is beginning to confirm their benefit details. It has set up a helpline to discuss options to downsize. It is in direct contact with some of those households. It is also in direct contact with some of the social landlords to look at where there might be work that they could do. We heard an interesting example earlier about how social landlords in Liverpool had come together to try and pool their resources. There are quite a lot of sensible things that local councils that are planning ahead can do, and, of course, some people will choose to take other options.
I make this plea to Opposition Members. I would like to think that when they are approached by people with specific difficulties, especially associated with disability and so on, their first thought is not, “This would be an ideal case to read out in Prime Minister’s Question Time”—we have heard this in respect of many other welfare changes, particularly from the Labour party—but to say, “You might well be covered by the discretionary payment, and I’m going to make inquiries about that and exercise my influence to say that you should be.”
Mr Deputy Speaker (Mr Nigel Evans)
Order. Just before I allow the intervention, I must remind the hon. Lady that she said that a lot of people want to speak, and they do. After the next speaker, I will be introducing a time limit that will be less than the time she has taken so far, so I ask her to show some self-restraint so that we can make progress. Heather Wheeler, you were about to intervene.
Heather Wheeler
Very kind, Mr Deputy Speaker.
I find this really interesting. I do wonder about some of our Labour colleagues. We have mentioned the possibility of someone taking in a lodger and bringing in £4,200 a year tax free. Does the Labour party not want this cash flowing in our communities? Is there a problem with people taking control of their lives? Does it have an issue with that? Are we only allowed top-down rules? What is wrong with taking in a lodger? It might be like going back to the ’50s, but actually we had real communities then, and I think it is an excellent idea.
Jane Ellison
I thank my hon. Friend for her intervention. I hope that she makes her own contribution and develops that theme later.
I will wind up now. My principal point is that these debates are not well served by exaggeration and shroud-waving, but I am afraid that that is what we have seen. Undoubtedly, there are difficult cases. We all have them—I have some in my inbox, as have other colleagues on both sides of the House—and we must work with Ministers to look at them. We have had a commitment from the Minister to a rolling review of the policy, but let us also look at some of the potential winners and ensure that we bring to the attention of those in overcrowded accommodation and those who have no chance of qualifying for subsidised public housing the opportunity that might be offered to them by some of these changes.
I shall sit down now, Mr Deputy Speaker, so that others can contribute.
Mr Deputy Speaker
I am extremely grateful for your assistance. I call Caroline Lucas.
Caroline Lucas (Brighton, Pavilion) (Green)
I pay tribute to the powerful opening speech by the hon. Member for Banff and Buchan (Dr Whiteford).
On the Opposition Benches, it is not a question of shroud-waving, as the hon. Member for Battersea (Jane Ellison) suggested, but a recognition of the people we see in our surgeries week in, week out. The fear of this measure is such that people believe it to be a bedroom tax, a cruel and counter-productive measure from a Government intent on punishing the poor. It is cruel because it is likely to lead to more evictions, homelessness, disruption and despair and because it takes no account of people’s real circumstances—as we have heard many times, more than two thirds of those affected are likely to be people with disabilities—and it is counter-productive because it is highly unlikely to lead to the outcomes that the Government claim to want. Not only are there insufficient smaller properties for families to move to, but the measure is more likely to cost money than save it. Evictions are not only hugely painful, but hugely costly, estimated at about £10,000 a time.
As has been revealed in this debate, the truly cynical nature of the proposal was revealed by the Government’s own impact assessment, which made it clear that the projected savings will be made only if tenants remain in their existing homes and make up the shortfall in benefits themselves. In other words, the money that this measure is supposed to raise will be raised only if the stated policy aim of getting people to move house does not actually work. That is immensely cynical. The truth is that many people are struggling in such desperate circumstances that they simply cannot find the extra money to pay.
The bottom line is that we have a major housing crisis, with nowhere near enough affordable homes. In my own constituency, for example, more than 15,000 households are on Brighton and Hove’s waiting list, but just 750 properties become available every year. It is successive Governments who have caused this housing crisis, not the poor who struggle to cope with it. It is not the fault of people who cannot get a job, of disabled people, of people who share the care of their children or of foster parents. The crucial problem—this is where the fault lies—is the epic failure of both the Tories and new Labour on council housing. The Tories pushed the decimation of the stock with the right to buy, ignoring the right to rent, and new Labour tweaked the enormous discounts but did not grasp the nettle and build council housing. For example, in 2007-08, only 350 new council homes were built. It is deeply unjust to penalise people who are struggling at the bottom of a housing market over which they have little or no control.
Ministers give blasé answers to serious parliamentary questions about this nasty measure. They say, “Get a job, get a lodger or move somewhere else.” They ignore the fact that, for many people, those options are simply not possible. On average, five people are chasing every vacancy—in some places, the figure is much higher—so how are those jobs suddenly going to appear? As other hon. Members have pointed out, the rooms in question are often too small to rent out, or not “spare” at all. Ministers have suggested that social landlords might want to redefine a property as having fewer rooms when the spare room is extremely small, but we know that most social landlords cannot reduce their rents because they need the money for repairs and for servicing the debts they have for building more stock.
What will happen to the person with severe mental health problems who has been settled for years and who is deeply distressed by change but who has a tiny box room? They cannot take a lodger because of their unpredictable episodes, they cannot afford the rent because of the box room and there is no smaller property available locally. What is supposed to happen to them?
I have not yet heard Ministers deny the existence of the acute housing crisis, yet they conveniently attack the people who are facing the worst end of it. They also overlook the cumulative impact of so many cuts. In Brighton and Hove, practically every household affected by the bedroom tax will also be affected by the Government-imposed cut to the council tax benefit budget, and a good proportion of them will also be hit by the changes to disability living allowance. Changes to the scope of what is covered under legal aid from April will mean that benefit issues will not be covered, so there will be less opportunity for people to receive in-depth advice or to challenge decisions in court.
This pernicious policy will not scratch the surface of our overcrowding crisis, as it will simply create new housing emergencies for people who were previously just managing to get by. The local authority in Brighton estimates that the total cost of an eviction process, including temporary accommodation, is around £10,000 per eviction. The Government say that it will not come to that, but they are simply not in touch with reality. Of the 1,000 or so households affected in Brighton and Hove, the majority are already struggling with rent arrears of around £2 a week. Where on earth are they supposed to magic a further £16 a week in bedroom tax from?
A constituent who is desperately worried about the bedroom tax came to my surgery last week. She shares custody of her daughter, so the room that she has for her daughter is seen as spare. She simply does not have the money to pay the tax being levied on her. In order to open Ministers’ eyes to the daily reality that some of my constituents face, I would like to read out a short amount of a testimony written by her. She says:
“I have no more basics to cut back on. I go without meals. I cannot afford the bus, toiletries, a newspaper. I wear trousers most days as I cannot afford to replace my pair of tights should they get laddered. If I had not been able to overcome my pride and seek help I do not know how my family would survive. It was difficult to overcome the sense of shame I felt for needing to turn to charity for support in meeting the family’s most basic needs. I do voluntary work in the community myself. This did not match my own sense of who I am but it is my reality and has to be faced. I now see those others who also depend on the food banks and support from charities like the City Mission in a new light. I see their resilience and humanity. We are the same.”
I was in tears by the end of my meeting with her.
We are talking about real people in real homes who are feeling real desperation, and the criticism that we are somehow exaggerating the situation is an insult to those constituents who come to see us. Ministers are recklessly and deliberately ignoring the harsh reality for the majority of those surviving on benefits. They are deliberately pandering to media stereotypes. How convenient it is to say that it is all the fault of the workshy, swanning about with all that spare space—or so the mean and mistaken narrative goes.
Going back to reality, the homes of a lot of the people affected by this policy are not too big for their needs. Their homes meet their needs, from the padded box room that a single mother uses to keep her autistic son safe when he is having an episode, to the extra room used by a disabled person to store their equipment, and to the room used for half the week by the child whose parents are separated.
There are many reasons why what appears to the Government to be spare space is in fact not spare at all, but essential. It will always be possible to find a small number of examples of people who genuinely have more space than they need, but that does not justify the Government’s crass blanket policy. The experts are saying that if we want to help people into smaller properties, we should give them support, sensitively, to find the right property. We should not force them out with the threat of eviction. We also know that the right kind of properties often do not exist. I asked a parliamentary question to find out whether the Government had carried out an assessment of how many appropriate smaller properties existed. They have not done any such assessment, because they do not care. Then, when we put that argument to them, they will come back and tell us that the discretionary housing payments are supposedly a magic wand that will solve all problems. The pot of discretionary housing payment is tiny compared to the cuts being made. It is obvious that demand will massively outstrip supply.
In Brighton and Hove, for example, the projected housing benefit shortfall has been modelled by the local authority as over £12 million, including shortfall from cuts to local housing allowance, bedroom tax and the benefit cap. The Government have given a DHP pot of just over £1 million to the city. That covers only about 8% of the housing benefit cuts that people will face. The DHP is tiny and nowhere near adequate.
The Government try to justify these cuts on the grounds that they are “making work pay”, but when Ministers use that phrase, it is really a code for punishing people for being poor. Of course work should pay; we need decent living wages pay, not poverty pay. The hon. Member for Battersea (Jane Ellison) talks about the need to cut the housing benefit budget, but one way to do that would be to pay a decent living wage in the first place. It is not the fault of people who cannot get a job or who are unable to work that employers do not pay people properly.
There will be a potential push to move people from social housing to different sized private sector accommodation, which does not have the same security of tenure and could cost more. What the Government should be doing is massively increasing the supply of affordable, sustainable, decent homes and legislating to allow for far greater security of tenure, which would go some way to holding rents down. The bottom line is that the Government must stop relying on the profit motive to supply housing for people who are poor; it will take time, but we absolutely need to fund a real programme of sustainable mass council housing.
This Government, however, are going in the opposite direction. This is a policy that will lead to bad debts and eviction, and will dramatically undermine the financial stability of the social housing model. If we combine that with the Government’s refusal to allow people the choice to pay their housing benefit directly to the landlord under universal credit, we genuinely have a recipe for the end of social housing. As landlords are faced with the lose-lose situation of either accumulating bad debt as people simply cannot pay the tax, or facing the even higher cost of debt collection and eviction, the long-term future of social housing looks bleak. How unjust this will look in the history books when the banks get bailed out and the poor get thrown out.
Before Government Members challenge me by asking how we would pay for this investment, let me say that I am not afraid of saying that it is perfectly legitimate to borrow to invest. The idea that that is somehow irresponsible, coming from this Government who have now led us into the triple-dip recession, is an absolute irony. I do not know what the Labour Front-Bench team will say on this issue, but I have no compunction about saying that it is absolutely right to borrow to invest in affordable housing and in the kind of infrastructure that we need in the 21st century. The idea that, as a Government, as a nation, as a European Union of nations, the best way of addressing the deficit is by everybody cutting spending and draining demand out of the economy has been proved to be wrong over and over again. More and more economists are saying that, too. I hope that, for the sake of us all, this Government wake up and see that very soon.
Mr Deputy Speaker (Mr Nigel Evans)
Order. Members should resume their seats. Caroline Lucas spoke for just about 10 minutes—predicting the 10-minute limit. Well done.
Mr John Redwood (Wokingham) (Con)
This issue is creating a lot of passion, which I can understand. People’s homes are very important to them, and none of us wants to feel that the possession of our home is threatened or is subject to high-handed control from above. The morality of the argument, however, is not all on one side as the Opposition seem to suggest it is. Indeed, I would find their moral outrage more convincing if their Front-Bench team firmly pledged to repeal this measure if they were ever returned to office. I would also find it more convincing if when they were in office they had not taken the steps they did on private sector rented accommodation, probably as a prelude to going further.
On the basis of what the more moderate Opposition Members have said, they accept that there is a problem of under-occupation where free or subsidised accommodation is made available through the public sector. The morality on the Government side of the case is to say that we have obligations to all those people who want that subsidised or free accommodation but who cannot get it on the size and scale they need. There are two different groups here, and we need to look after the interests of both groups as best we can.
Of course there are visionaries on the Opposition side who say that the answer is easy: we just need to build hundreds of thousands of more homes at public expense so that everybody can have the accommodation they want. The issue then becomes why that did not happen when we had a Labour Government who knew how to do those things. The truth is that for anyone who sits on the Government Benches, such housing will always be a scarcer resource than people would like. If we offer something free or subsidised, there will be more demand than provision, even when we are trying to be very generous, so we must have rationing and allocation. All Governments, in good times and bad times, have had to allocate and ration public housing.
Julie Hilling (Bolton West) (Lab)
Does the right hon. Gentleman not realise that there was a period—certainly in Wigan—when we could not let council houses and they were knocked down, because people were buying houses? Our biggest problem now is that people who want to buy houses cannot get mortgages. They do not go into social housing because it is subsidised; they go there because they have nowhere else to live.
Mr Redwood
It is a bit of both. I entirely agree with the hon. Lady if she is urging the Government to do even more than they are currently doing to make more mortgages available so that more people can afford to buy homes. Members on both sides of the House would welcome that. I happen to know that Ministers are desperate to ensure that more mortgages are available than were available during the last few Labour years, and are working away with the banks to try to make it happen. That is very much part of the solution to the housing problem. [Laughter.] It is all very well for Labour Members to go into fits of hysterics, but they really should try to take a serious interest in the problem. Believe it or not, quite a lot of us Conservatives want better housing solutions for many of our constituents, and for people in other parts of the country.
Katy Clark
Does the right hon. Gentleman not accept that there was a very different view of social housing in the past? Council housing used not to be seen as a precious resource. For example, at the time of the 1951 general election the Conservatives pledged to build 300,000 new homes. There was a view across the political divide that we should build council housing to improve social conditions. Is that not the vision that we should have now?
Mr Redwood
I seem to remember that the Conservative Government did indeed honour their pledge—and that was many more homes than the Labour Government were building each year—but, even in those days, why did they need to do it? They needed to do it because we were short of homes. It was the post-war period, the Germans had remodelled many of our housing estates, and trying to create the homes that people needed was a big problem.
I think that under-occupation is a problem, and I think that the Government have come up with one part of the answer, but I urge Ministers to listen carefully to all those who are saying that the positive way of proceeding is through incentive, encouragement, persuasion, and giving people a better answer than the one they currently have, which may be a larger property that may not be suitable.
The Government have excluded everyone of pension age from the proposals, and I welcome that. I think that it is smart politics, and very sensitive to the elderly population. However, in my constituency, where most people own their homes—elderly people tend to own them without mortgages, and younger people tend to own them with rather big and difficult mortgages—a good many elderly residents decide to sell the family home because it has become too big and unmanageable, and to buy a smaller property such as a flat or bungalow. Many then sell again when they are becoming more frail, and move to semi-sheltered or supported accommodation.
That is a natural process of trading down in the private sector, but there is sometimes too much of an obstacle for elderly people in social housing to be able to do the same. Perhaps not enough of the right properties are available; perhaps they are not offered in the right way; perhaps there should be some incentive. I think it perfectly acceptable to try to create an atmosphere in which there can be the same sensible mobility in public sector housing as occurs naturally in areas with rather more private sector housing, so that elderly people can have housing more suited to their needs.
I hope that Ministers will consider the question of elderly under-occupation, which I think is very much part of the story, but will do so in a positive way that encourages, promotes and helps, rather than removing benefit or imposing a tax. I wish that the Opposition understood the meaning of the word “tax”. Imposing a tax means taking money from people who are earning it for themselves; it does not mean paying them less benefit. I hope that Ministers will work out an answer to that soundbite. I have heard soundbite arguments before, but I congratulate the Labour party on thinking up a brilliant and misleading one. I am afraid that it is better than the soundbites we have heard so far from this side of the House, and I urge my hon. Friends to come up with a soundbite that represents the truth. This is not a bedroom tax, but a reduction in the amount of benefit paid, which is very different.
Mr Redwood
I am afraid that I cannot give way again. I am running out of time, and if I give way I will not be given any injury time.
We need to look at the issue of under-occupation among the elderly, and we need then to look at the issue of the disabled. That was why I approached this debate with considerable nervousness. As I think my hon. Friends know, I wish us to be more generous to the disabled, not less generous, and I think we all feel a little nervous about how far we should go. I was somewhat reassured to see that there are different definitions of disability and a rather wider definition is being used than would, perhaps, be normal. I am interested in the people who are seriously disabled, as recognised through the receipt of disability benefit.
I urge my ministerial friends to be as generous as possible. We must not presume that there is an easy solution, however. Again, if there are issues that need to be sorted out, the best way to do that is through support and persuasion and offering people something better. That must be the aim. Why would somebody move if their new home is going to be worse than their current one? If it can be shown that there would be better, more appropriate and better supported accommodation, however, I might be more willing to accept that we should follow the proposed course of action. I urge my ministerial friends to be extremely careful about the definition of the disability category, however.
One Opposition Member argued that this is a cynical policy and there might not be many savings if it works. That is a misunderstanding of the true nature of the policy. It is not primarily a public spending-cut policy; it is a policy designed to try to get more people into public sector housing that is suitable for them. That is the bigger picture.
We have an inadequate amount of housing stock, and some people have more of it than they strictly need, whereas others do not have as much of it as they strictly, technically need on the needs definition. We are arguing here about the balance between those two groups, and whether it would be feasible to solve the overall shortage by producing more housing. Even the Labour party must understand that if we were to go for the big build answer, that would take several years to come through. Ministers are feeling very frustrated at present that they have identified places for building and the means of financing that building, but it is taking a very long time to get the building to come through so we can start to tackle this problem.
My next topic is how to tackle the problems of insufficient housing and excess welfare spending. The issue of eligibility is key. My constituents tell me that they feel much more inclined to pay taxes to make sure that people who have been settled in this country for many years, or who have been born and brought up here, can get access to proper housing than to provide housing for people who have only just arrived and seem to know how to work the system to get access to housing. The Government could productively focus on that. I am sure there will be European Union rules, but we need to negotiate on this with our European partners, and make a stand if necessary, because there is a strong feeling in our country that public housing will be limited—more limited than some would like—and if we are to make choices, the priority must be those who have been here for some time and who have made a contribution and are part of our settled community. That does not always seem to be the case. I hope Ministers will see the issue of eligibility as a proper avenue for addressing both excess benefit expenditure and the shortage of available property.
These are difficult waters. Anyone who looks at the situation rationally will agree that there is under-occupation and we need to tackle it sensitively. They will also agree that we need more housing provision overall, and we need to do what we can to tackle that. I hope we can all agree that the best answer is to find a way to enable more people to enjoy what every MP takes for granted. We take it for granted that we have a well-paid job and that we can afford to buy a house. I think that every MP owns a property. Indeed, some of them own rather more than one property, I believe, and that has sometimes become a matter of comment. It is normal for an MP to own a property—to be an owner-occupier—and to enjoy a good income, and I am sure most MPs own a spare room or two.
I do not think there is anything wrong with people striving, getting a better job, earning more money and having spare rooms. I am personally very much in favour of spare rooms when people can afford to have them. We also need to make sure we have a fair tax system so that we are all making a decent contribution to those who cannot afford spare rooms.
Jim McGovern (Dundee West) (Lab)
May I ask the right hon. Gentleman how many spare rooms he has in his house—or has he not got round to counting them yet?
Mr Redwood
My spare rooms are a matter for me because I paid for them myself, and I am sure the hon. Gentleman has spare rooms and I dare say he paid for them himself. That is exactly the kind of society we all want to live in, I would have thought. I do not know of any Labour MPs who could stand up and say that they are at the minimum accommodation level—I invite them to do so, but I do not see anyone rushing to stand up.
Mr Redwood
The hon. Gentleman stands up but he has no voice. I think that means he does not want to say that he has the minimum accommodation available or thought specific to certain people.
I want to live in an aspiration society. We want to promote better jobs, better paid jobs and more people owning their own home. Where that is not possible, we need a fair distribution; we need to provide more and to distribute it more fairly. I just hope that Opposition parties, if they have serious aims to be in power one day, will think more carefully before pledging to repeal things, or will come up with better ideas on how we can promote that better use of the housing stock that must make sense.
Stewart Hosie (Dundee East) (SNP)
I have been struck by a number of things said by Government Members today. First, I noted the mechanical usage of the almost robotic mantras of, “1 million spare rooms”, “under-occupancy” and “utilisation” and an almost frighteningly casual disregard of the fact that they were talking about people’s family homes. These are places where people have brought up children and may have lived for decades, and, as a result, have created the stable, safe and supportive communities we all want to see. Those are now to be torn asunder for the sake of a money-saving measure—that is what it is—which will not work. The extraordinary thing is that the bedroom tax works only if the policy fails. If everybody could move to what the Government consider to be a “properly sized property”, the housing benefit costs would probably be identical to what they are today—not one penny would be saved. The tax will work only if people cannot move and they give the Government this extra money, over and above what they already pay to stay in their family home.
Jacob Rees-Mogg
That is not necessarily the case. If people who need more rooms and are currently living in the private sector move into the social housing sector, while the people in the social housing sector who need fewer rooms move into the private sector, there will be a substantial saving.
Stewart Hosie
Unless, of course, we factor in the fact that rents in the private sector are dearer, and we have heard evidence that would rather contradict the assertion made elegantly by the hon. Gentleman.
Another thing that struck me was the hon. Member for Keighley (Kris Hopkins), who is not in his place, saying that he wanted more facts and less scaremongering. That is very sensible; I am all in favour of evidence-based policy making. What he and others have then done is to say that a discretionary payments system is available to help. That confirms that those who live in specially adapted accessible housing are not exempt and that foster carer families are not automatically exempt. By asking for more facts and less scaremongering, and then talking about discretionary payments, which, by their nature, may not be available, particularly if the pot runs out, these people are confirming the lack of exemptions that make this bedroom tax as nasty as Opposition Members think it is.
Tom Greatrex
The hon. Gentleman is making an important point about the discretionary nature of this policy, particularly in relation to foster parents. I have been contacted by a foster parent who was contacted by their housing association to say that rooms where people are cared for are counted as spare rooms, but they did not know anything about the existence of the discretionary payment. Such people are reliant on at least two or three levels of communication to get the discretionary payment, so surely it would be much better if foster parents were completely exempt.
Stewart Hosie
I agree entirely with the hon. Gentleman. In the meanwhile—until that happens—communication should of course be better and foster carer families should be encouraged to apply now, in advance, if that is possible. He rightly says that this policy should simply be scrapped because it will not work and, as far as I can see, it is only punitive. That is certainly also the view of the Scottish Government, who feel that it will have an appalling impact on families throughout Scotland and, indeed, the rest of the UK.
That assessment also shows that eight out of 10—the exact figure is 79%—of the households in Scotland set to be hit by this change, as we have heard before, contain an adult with a recognised disability. That is extraordinary. This is about as punitive as it could be—[Interruption.] The Minister of State is muttering, “Do they need a spare bedroom?” He is using the robotic mantra again, suggesting that somehow it is evil to have a spare bedroom. There are very good reasons for having spare bedrooms and I shall come to some of them later.
I know that the Minister for Housing and Welfare in the Scottish Government has warned the UK Government of the impact of this change. The Scottish Government have highlighted to the Government the disproportionate effect on disabled people and have asked them to rethink their policy. We understood before the start of the debate that the Secretary of State had instructed a rethink on part of the policy, and that is to be welcomed. However, we have found out that we will have a rolling review after the policy starts, which might not report until two years after commencement.
The numbers I have show that people with two spare rooms will pay an extra £20 a week, or more than £1,000 a year. They could be £2,000 down before the Government’s review reports back and says that those rooms are not really spare at all, because one of the sons is serving in Afghanistan. Alternatively, he will not be able to come back to the family home because they will have been forced to move. That is the kind of issue the Government are failing to take into consideration—[Interruption.] The Minister is still muttering, but he will not get to his feet to say anything. I am sure that when he was at university, he was more than happy to go home to his family house. Why should working-class children whose houses are part-funded by housing benefit not be able to go back to their family home because of the nature of their tenure? That is ridiculous.
Other groups are affected, of course, such as tenants who are willing to move to smaller properties and are waiting for one to become available, but who will lose out in the meantime; the parents of foster children; and parents who live separately and look after their children. The final category concerns me greatly. I have already been contacted by a constituent—one of many. He is separated from his wife, which is sadly not uncommon, and has two daughters in their late teens. This gentleman is so careful that he does not switch the heating on in his very modest apartment unless there are guests. He counts every penny.
His wife has primary caring responsibility for the two children, but one or both of his daughters stays with him up to four nights a week. That will become impossible without the second bedroom, and even if he could find a smaller property it is highly unlikely—almost impossible, in fact—that he would be able to do so within the community in which he and the rest of his family live. That means that the relationship between him and his children will wither, because contact will become far less possible.
The Government do not understand the appalling impact this tax will have. The fact that eight out of 10 of the households that will be hit include an adult with a disability is compelling evidence that the UK Government must reconsider, and quickly.
As I said earlier, not only disabled people but many others will be forced to pay. I want to raise two specific cases with the Minister. The first is that of a woman—a pensioner who will not herself be affected—who cares for her severely disabled adult son. He lives in his own apartment, which has two bedrooms. That is not his fault; it is the one he was allocated. He has a severe psychological condition and needs to be cared for every day, and his mother carries out those caring responsibilities. If he is forced to move, the trauma will be extraordinary. If he manages to get through that, the fact that his mother has medical conditions of her own means she will be unable to carry out her caring responsibilities if her son is forced to move even a few streets away. The real-life impact on that family in that part of that community will be horrendous. I am deeply disturbed that the Government have not thought this through properly.
Steve Webb
May I ask the hon. Gentleman to confirm that he is aware of the provision for a bedroom for a non-resident overnight carer?
Stewart Hosie
I am extremely well aware of that. The thing is, the mother who cares is there during the day and perhaps occasionally in the evening, but she is not a permanently present overnight carer. That goes back to this being a matter of discretion, rather than people with a disability being properly exempted.
Lindsay Roy (Glenrothes) (Lab)
Does the hon. Gentleman have any idea whether his constituent meets the criteria for a discretionary payment?
Stewart Hosie
The Minister says it is a right. I believe it may be a matter of discretion. It is not at all clear whether my constituent could meet the criteria for a discretionary payment, and even if he did, getting it would depend on whether any money was left in the pot.
I did not intend to speak in such general terms. In the final three minutes, I will concentrate on what is happening in Dundee. We have figures from the council telling us that 3,387 households will be affected by this tax—and it is a tax. Of those, 583 will lose 25% of their housing benefit. That is a loss that will have the impact of a tax.
Stewart Hosie
No, as I have only two and a half minutes left.
The other 2,804 households will lose 14% of their housing benefit. Tenants in two-bedroom council properties could lose benefit entitlement of approximately £9.93 a week, which is £516 a year. Those with two so-called spare rooms will lose an entitlement of £20.07 a week, which is more than £1,000 a year. Does the Minister understand what the loss of £1,000 a year means to families who are already struggling to make ends meet? Does he understand the consequence of that level of indebtedness? Legitimate lending companies will not lend to people in those circumstances, and credit unions can only do so much. This policy will drive people into the hands of loan sharks and illegal moneylenders, and the consequences of that will be picked up by social work departments, health services and the police, at a cost to the public purse for a policy that is unlikely to save this Government any money in the first place.
Jim McGovern
A couple of weeks ago, I attended a meeting with officers of Dundee city council who said that discretionary payments would be extremely limited because they have never had the funds for that. I asked whether they had smaller houses for people who were willing to move. They replied, “No.”
Stewart Hosie
The hon. Gentleman sums up the situation nicely. The discretionary pot is too small. I do not dislike discretion generally—I think it is quite helpful—but there are too many categories of people who should be fully exempt but who will be subjected to the tender mercies of discretionary decision making, which may go against them when it ought not to.
In short, this remains a very bad policy with too many of the wrong people suffering a very bad impact, and it must be reversed. It risks destabilising communities; it disproportionately hits disabled people; it puts the burden of paying the cost of this Government’s economic failure on the backs of some of the poorest in society. That, I think, tells us everything we need to know about the Tory-Liberal Government, many of whom—most of whom, I suspect, or perhaps even all—have not been poor and, more important, do not understand what it means to be poor in society today.
Jacob Rees-Mogg (North East Somerset) (Con)
It is a great pleasure to follow the hon. Member for Dundee East (Stewart Hosie) and to have listened to this debate. When the nationalists have an Opposition day, it is always a reassurance to those of us who are Unionists, because by their presence in the Chamber they show how much better off we are together than separate. I should like to thank them for their contribution to our parliamentary democracy and hope that they will stay with us for ever.
I am pleased to be able to speak in support of the Government’s position, which is fair, measured and just. My right hon. Friend the Member for Wokingham (Mr Redwood) put it rightly when he said that we have to think about our constituents who want social housing because they have a family and need an extra bedroom, but whom we cannot help because there is a house being lived in by one person, who has too many rooms, and there is no pressure on that person to move. We hear a lot from Opposition Members about fairness for one side of the equation, but nothing about fairness for the other side, which is avoided and cast aside. When housing is controlled by the state, we must be fair to everybody, whichever side of the equation they are on. There are those who have large families, live in small accommodation, or are living in the private rented sector, and cannot get into social housing or council housing because of the problem of under-occupancy, which, we have discovered from the Government, amounts to 1 million bedrooms. Just think how many of our constituents could have better housing if only those bedrooms were freed up.
The Government’s position is also measured, because they have put in discretionary powers to look after people who will be in particularly difficult circumstances. Discretion is very important; the Government have got that spot on. If we were to say that every house that had been adapted in any way for a disabled person were to be exempt, we would find that a property with a little ramp, or one handrail, was suddenly exempt, and the whole policy would be removed. By applying discretion, however, we get the overwhelming majority of the benefit of the policy, without putting a heavy burden on that small number of people who genuinely ought to be exempt and protected. The same applies to the £5 million that has been made available to families who foster. If fostering had a general exemption, everybody in receipt of social housing benefit would suddenly go off to the council and say that they wanted to be on the fostering lists, so that they would not have to give up their extra bedroom, but would then refuse any child who was sent to them. If broad exemptions are used, people will try to fit the categories of exemption provided, whereas using discretion ensures that people must bring forward a reasonable case to encourage those who have the discretion to accept that they ought to be allowed to receive the extra funding to maintain their current position.
The Government’s position is also just, because we must ask ourselves what benefits are for. Are they there to allow people perpetually to remain in dependence on the state—
Helen Goodman
The hon. Gentleman displays a total ignorance of this policy area, and I am sorry about that. First, the bedroom tax applies to people who are in work as well as to those who are out of work. Secondly, it applies to people on benefits who cannot work.
Jacob Rees-Mogg
I am grateful to the hon. Lady, but even if people cannot work, they can take in a lodger, and can get £20 coming in without any effect on their benefit, so they can be better off, because the average that would be lost for one room is £14. The Government have a policy that makes people who are not in work potentially better off, and those who are in work can also be better off, because they will similarly be able to take in lodgers, but they might be able to move to cheaper housing, which they can afford to pay for themselves, rather than being dependent on the state.
Michael Ellis
As usual my hon. Friend makes an excellent series of points. As well as the option for those who cannot work of taking a lodger, does he agree that for those people who can work, and are in some work, in many cases the sums involved would require only two hours of the minimum wage per week to make up the difference?
Jacob Rees-Mogg
I am sympathetic to what my hon. Friend says, but I think that people need to be able to take responsibility for themselves and to make choices for themselves. The choice they have is either to maintain the benefit they need for the housing they need, or to stay in housing where they have an extra room and adjust their behaviour accordingly. It is not for the state, putting its expenditure on the backs of hard-pressed taxpayers, to fund indefinitely people’s lifestyle choices, and it is a choice if people decide to have an extra room that they are not actually using; they can choose whether to move to a smaller property or, under this new policy, to find a way of getting the extra income they need.
Bob Stewart (Beckenham) (Con)
If someone living in social housing wishes to downsize and move to a smaller house, I take it—I ask my hon. Friend or the Minister to confirm this—that they would not have to find the costs in their own budget and that they would be helped to move.
Jacob Rees-Mogg
Owing to pressure on the availability of larger properties, many social landlords provide significant incentives for people to move.
It is important to remember that the housing market is dynamic. It is not a static market, with people staying in the same house their whole lives, and they should not expect that to be the case. I understand that people move house, on average, every seven years. It is perfectly reasonable that that happens, and that it should continue to happen, because it frees up the properties people need. I intervened on the hon. Member for Dundee East to make that important point.
When a three or four-bedroom property in the social rented sector is freed up, it might well be filled by someone who had been living in the private rented sector, which is more expensive, so they will be moving into the cheaper social rented sector. The person who had been living in the three or four-bedroom property might move back into the private rented sector, which has a higher cost, but there would be a bigger saving because the other person had moved into the social rented sector. That is important, because some of the debate has focused on the inflexibility of the housing market. It has been said, for example, that there are not enough one-bedroom properties in the social rented sector for people to move down to, but there are plenty of properties across the country as a whole. People will move more freely between the private and public rented sectors and will continue to have their rents paid for them unless they choose, as they will be free to do, to earn more money by working a few more hours a week or by taking in a lodger and so on in order to get the extra income.
Jim McGovern
May I ask the hon. Gentleman—he is making the speech, but this applies to everyone on the Government Benches—whether he can imagine asking his mother, sister, brother, daughter or son to take in a stranger as a lodger?
Jacob Rees-Mogg
I would be very happy to take in a lodger myself. Indeed, in my earlier life I had lodgers in my house, which helped to pay the bills.
Helen Goodman
Would the hon. Gentleman care to share with the House, and with the nation, how large his house is and how many spare bedrooms he has? We are talking about asking women in their 50s, who are suffering from chronic conditions and living in two-bedroom flats, to take in strange men. Is that realistic?
Jacob Rees-Mogg
I am extremely grateful to the hon. Lady. It had not been my intention to tell anecdotes about my personal circumstances, but my house in London has four bedrooms with seven people living in it, three adults and four children, so I think that I meet the requirements for maximum occupancy and would not be expected to give up a single room. I am grateful to her for allowing me to illustrate my relatively straitened circumstances, which I had not expected to be able to do.
It is perfectly reasonable for people to live in a house or flat that is suitable for the number of occupants and to ask for that when paying out benefits. Indeed, it is morally right to do so, because every benefit that is paid is money that has come from a taxpayer this year or, through borrowing, will come from a taxpayer in future years.
People pay taxes on very, very low earnings. Even benefit recipients have to pay value added tax, but people click into national insurance at £107 a week of earnings. Are we really saying to those on low earnings, “You must subsidise for ever people who live in houses that are too big for them as their children grow and go and they find eventually that they are the only person there”? Will that same house be funded for ever on the backs of hard-pressed taxpayers, when in fact there is a perfectly reasonable and sensitive way of dealing with the situation that does not throw them out but gives them choice in the form of the ability to decide for themselves what steps they will take to see whether it is possible for them to live there or whether they are willing to move? Thousands, hundreds of thousands, millions of people in this country move house every year, and they do so because their life circumstances have changed. They do not expect the state to say, “We won’t let you move” or “We will prevent you from moving.”
That flexibility is useful. It allows people to move to where there is employment. It allows our hon. Friends the nationalists to move to London so that they can represent their constituents in this great, illustrious Parliament. It is the essential part of ensuring that our economy has a free flow of labour around the country so that people can, in the words of Norman Tebbit, move to where the jobs are. If we have an entirely static housing market we will find that we reduce employment opportunities, undermine growth in the economy, and, worst of all, create deep unfairness for people in large families who can find no social housing and put a burden on the backs of the poorest taxpayers. We should be proud of this Government—proud of a Lib Dem Minister, of all things—for doing what is right, what is noble and what is just.
Katy Clark (North Ayrshire and Arran) (Lab)
It is a pleasure to have the opportunity to contribute to what has been a very interesting debate so far. We have heard a number of very powerful speeches from Members concerned about the bedroom tax and they have outlined very fully the implications that it will have for many of the groups who will be adversely affected.
I represent a constituency that will be strongly affected by this policy, and many of my constituents already know that. They are waiting to see how the local council and the Scottish Government react to what the coalition Government have done. We have about 2,700 tenants who are likely to be affected by the new under-occupancy rules on 1 April—over 51% of them are in receipt of housing benefit. That is because of the type of accommodation that we have in North Ayrshire. As in many parts of the country, there are very few one-bedroom properties. The Scottish Federation of Housing Associations recently commissioned a report that says:
“Across all tenants, 62% need one bedroom but only 34% have this.”
This point has been made across the political divide. There is a mismatch between the types of accommodation that are available and the people who are looking for those properties. We are therefore facing a crisis on 1 April. Irrespective of the strength of some of the points that might be made about people possibly living in properties that are too big for them, this mismatch means that on 1 April people will be looking for one-bedroom and two-bedroom properties that simply are not there, and they will pay the price of this Government’s moral and economic policies.
It was only in the past few days that this country lost its triple A rating from Moody’s credit rating agency. The response that we should have seen from the Government is an understanding that we need to invest to get growth. One of the most important things we should do, given this country’s housing crisis, is to put money into housing, particularly social housing and council houses. The nationalists and the Greens were right to choose this as the topic of today’s debate, because it affects so many of our constituents, but it is tragic that we are not having a debate about how to get growth in this country and about how to make sure that we invest so that our people have decent living standards.
Council housing was created in the first place to provide decent housing for those who did not have it. The whole ethos of council housing was to build properties that were of a higher standard than those that were available previously to ordinary working people. It was not about whether someone had a spare bedroom, because the idea of a bigger living room or more space was part of what the whole project was about. As I said in my intervention on the right hon. Member for Wokingham (Mr Redwood), that policy was supported across the political divide before the second world war and immediately after it. It is tragic that we have got ourselves into a position where the social housing needed by ordinary people has not been built in recent decades.
Many people will simply not be in a position to move on 1 April. As my hon. Friend the Member for Dundee West (Jim McGovern) has said, the discretionary funds available to councils are nowhere near big enough to implement the kind of discretion that the hon. Member for North East Somerset (Jacob Rees-Mogg) would like to see. The money simply is not there.
People in adapted properties in all of our constituencies will have money deducted from their housing benefit on 1 April. Foster parents have fluctuating needs, because they take children at short notice. They do not necessarily take one child—they might take a family—so they do not know how many bedrooms they will need. The whole idea is that their household is able to take those children.
We know from all the work that has been done that disabled people will be at the forefront of this policy. The hon. Member for Dundee East (Stewart Hosie) has already highlighted that 79% of those affected in Scotland will be in a household that contains a disabled person. The figure for the rest of the UK is 63% and even though the figure is more extreme in Scotland and other parts of the country, this will become a significant problem in Members’ surgeries in all parts of the country. Even wealthier parts include people who face the predicaments that many of us see on a more regular basis.
The Government’s policy will have a massive impact up and down the country and on local government in particular. If the policy works as the coalition Government expect it to work, it is estimated that it will take £50 million out of the Scottish economy. That will have implications, because it will be taking money out of the pockets of individuals and communities. We all know that there are communities in which significant numbers of people are reliant on the benefits system, whether they work or not. They work and live in areas with low-wage economies, such as North Ayrshire and Arran, which has a glorious industrial past. In the 1970s, 14,000 people were employed at ICI in Ardeer in my constituency. In the 1980s, 10,000 people were employed at the Killoch pit in south Ayrshire.
It is obvious that our communities have a proud industrial past, but those jobs have gone and well-paid jobs have not come in their place, and some communities are disproportionately reliant on the state. We need to do something about that; we do not want to be in that position. That is the challenge that we all face collectively. I say to the Government that taking money out of those communities and out of the pockets of individuals who live in them will simply grind down those communities even further.
We should be talking about economic and welfare policies that put money back into communities, about investing for growth and about putting job creation at the centre of all our policies. Instead, we are faced with a policy that will end in chaos and cause misery for hundreds of thousands of people up and down the country. I believe that it is a policy that the Ministers sitting on the Front Bench will wish they had never been involved in.
Yasmin Qureshi (Bolton South East) (Lab)
Thank you, Mr Deputy Speaker, for calling me to speak in this debate.
The right hon. Member for Wokingham (Mr Redwood) said that the Opposition have many soundbites and that the Government should develop some of their own. Perhaps the Government are not able to develop soundbites because they have nothing good to say about this measure.
I have listened to the many Members who have contributed to this debate. On the face of it, the Government’s proposals sound logical. There are apparently 1 million bedrooms going spare in this country. The argument is that people should not be able to carry on living in homes that have too many bedrooms, but should be moved to smaller homes. That sounds sensible and practical, but it does not reflect the reality on the ground. Few homes fall into the category of a two or three-bedroom house that is lived in by a healthy, fit person but is under-occupied. Most of the so-called spare bedrooms are needed by the people who live in those homes.
I say that not because I am in any party political grouping, but because of what my constituents have said to me in my surgery and in letters. I can honestly say that none of the people who have contacted me fall into the criteria that the Government are presenting. I will share with the Ministers and other Members of the House the experience of the constituents who have spoken to me.
A number of the constituents who have spoken to me are single parents whose children do not live with them for seven days a week, but stay with them for two or three days, depending on the arrangements made by the court. People in that situation who live in a two-bedroom place will be severely affected by these provisions. What will parents who do not have the money to go into private rented accommodation or buy a home with the right number of bedrooms say to their children? They will have to say, “Sorry, you can’t come to stay because I have to go to a one-bedroom flat. I will not be able to spend quality time with you. I will not be able to develop a proper relationship with you as other mothers and fathers can with their children.” That is the kind of situation we are talking about.
The hon. Member for North East Somerset (Jacob Rees-Mogg) said that anybody who has a bar outside their home can be described as disabled. The people who have come to me have been elderly or very unwell and have homes that have been adapted substantially at a cost of thousands of pounds. They are often quite small properties, but may have one tiny room that is counted as a spare bedroom and has just enough space to store their wheelchair, commode, Zimmer frame or other equipment that disabled and unwell people often have.
Such people tend to be in social housing. Everybody who knows about social housing knows that they are small homes. That is certainly the case in my constituency. Even if they are two-bedroom flats, they tend to be very small, but people need a bit of space to be able to manoeuvre. What should I say to the constituents who write to me because they are being told that they will have to find somewhere else to live, but do not have £700 or £800 a year to pay for it? What about parents with two children of the same gender? They may have three bedrooms but they will be tiny rooms and the two children—two girls or two boys—will be in one little room where they cannot do anything except perhaps sleep on camp beds or bunk beds and they cannot have a proper room. Do we tell such people, “No, you’ve got to go; you cannot stay in this house and if you do you must pay £800”? That is the reality on the ground.
Foster parents have been mentioned but what was said about it being easy for someone to register as a foster carer and get an extra room is just not the case. People must go through high-level checks, training and vetting that can take months or even years before they are assessed as suitable to be a foster carer. To suggest that someone would become a foster carer to avoid moving out of their home or to claim an extra bedroom does not fit reality.
Many Members have touched on particular groups of people, and again I ask the Minister to reconsider this measure. The hon. Member for Leeds North West (Greg Mulholland) mentioned a number of concerns that need to be addressed but I do not want to repeat points about discretionary issues and other ways that the bedroom tax will impact on people. At the moment, this is a compulsory scheme and a matter of law so if people have a spare bedroom, they will end up paying money unless they can argue for discretionary help. As has been said, on 1 April people will be faced with a choice of what happens and will end up with bills. They will then have to go to their local housing association or council and see whether they fit the criteria required to get some help. If they do not get that help, what will happen?
What happens when the £30 million set aside for this scheme is gone? Will more money be put into the fund so that people continue to benefit from it? Instead of a statutory scheme, would it not be better to work with councils and housing associations to try first and foremost to work out whether housing need can be reorganised and people placed in the homes that are appropriate for them? At the end of that process there may be some people who wilfully do not want to move, some who live in a massive home or there may be a single person of good mental and physical health living in a two or three-bedroom house and they might not be worried. However, they make up a tiny minority of those who have the so-called 1 million spare bedrooms. The majority of people—98%— fall into different categories.
Of course there is a need to address people who are waiting to be housed appropriately in proper homes or in accommodation that fits and meets their need. I have constituents in a similar situation. People suggest this is an unusual idea, but the way to tackle the problem is to consider a home-building programme. It is all very well hon. Members saying that one Government did not do that, another Government sold council houses and another should have done more, but we are where we are now. Instead of looking back at what could have happened five, 10 or 20 years ago, why not deal with our current problem of acute housing shortage? Doing that will not involve subsidised housing because, as everybody knows, the cost of building a house on a piece of land is not as much as the value of the property once it is put up for sale. Bricks and mortar do not cost as much as a house, the value of which can be over-inflated. When groups of people or associations and voluntary bodies get together and start building homes, they can pay for those houses so that the Government or state do not have to subsidise them. We must encourage local authorities and such groups to invest and allow house-building programmes to provide housing and help to regenerate the economy.
The measure is compulsory, but I urge Ministers to think about encouraging local authorities and housing associations to get together to deal with the people who will be affected. Constituents who are disabled and unwell write to me. One gentleman told me that he has one tiny bedroom, which will be considered spare, but he needs a commode, a Zimmer frame and a wheelchair. He cannot house that equipment in his tiny little—
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
I am grateful to be called to speak in this Plaid Cymru, Scottish National party and Green party debate on the UK Government’s proposals to introduce an under-occupation penalty for recipients of housing benefit in the social rented sector. The policy has already gained infamy—it is dubbed “the bedroom tax”. The Labour party has decided to make it a political dividing line with the UK coalition. Leaving aside the fact that Labour Members abstained on Second Reading of the Welfare Reform Act 2012 and have failed to raise the issue in the House in a motion leading to a vote, I was delighted that the shadow Secretary of State for Wales, the hon. Member for Pontypridd (Owen Smith), confirmed on Twitter this afternoon that Labour Members will join us in the Lobby later.
Before the 2010 general election, I made a keynote speech at the Plaid Cymru spring conference at the home of Welsh cricket, Sophia Gardens in Cardiff—[Interruption.] It was brilliant. In that speech, I said that talking up the severity of the public debt was a deliberate tactic by the Tories that served two political objectives: first, it highlighted the economic mismanagement of the previous Administration; and secondly, it created the backdrop to justify the declaration of war on the public sector, which we have witnessed since the election. The so-called bedroom tax is a prime example of what I foresaw. It is a headline-grabbing, ill-thought-out policy that panders to the prejudices of those opposed to any social protection.
We have heard compelling arguments in the debate on why the motion should be carried, most notably from my hon. Friend the Member for Banff and Buchan (Dr Whiteford), who opened the debate—I will not restate her points. Above all, the bedroom tax is part of the UK Government’s strategy to reduce the housing benefit bill, as the Minister admitted in his opening remarks. The capping of benefits is the major element of the strategy, which is complemented by the under-occupancy policy and the recent Welfare Benefits Up-rating Bill, which pegs annual increases at 1%.
Mr MacNeil
We sometimes hear Ministers speak of deficit reduction, but is it not likely that the net effects of the policy will be the opposite, because it will reduce demand in the economy by taking money away from the pockets of people who are most likely to spend it, and who certainly need it? The result will be yet more economic mismanagement, which will probably contribute to a further downgrading of the UK.
Jonathan Edwards
My hon. Friend makes a valid point—I will give him some meat to justify it in my next remarks.
The Office for Budget Responsibility radically revised its projections for housing benefit expenditure in the autumn statement. At the time of last year’s Budget in March, the OBR projected that the housing benefit bill would fall by £300 million in 2012-13; and then by £400 million for each financial year between 2013-14 and 2016-17. The OBR now projects an increase of £700 million in 2013-14, and increases of £600 million, £500 million and £400 million in subsequent years.
There is a multitude of reasons for that, but by far, one key factor is the spiralling cost of rent. Housing benefit is an in-work benefit. As rent costs spiral, more and more working people faced with real-terms falls in wages meet the eligibility criteria for housing support. The Financial Times has reported that, in 2012, rent costs increased by an average of 37% compared with 2007, despite the economy being in the midst of the great recession since 2008—gross domestic product is still nearly 4% below the previous peak.
The Financial Times further reported that rent costs are expected to increase by an incredible 35% in the next six years. More and more employed people will become eligible for housing benefit. Indeed, last summer, the housing benefit claimant count surpassed the five million mark for the first time, which means that around 20% of households are claiming the benefit to help them meet their housing costs. Between January 2010 and December 2011, the total number of housing benefit claimants increased by 301,000. In the same period, the number of non-passported claims—those in employment—increased by 279,000. Therefore, households in employment account for 92.8% of the overall increase in housing benefit claimants. Unless we are able to ensure that the pace of rent increases broadly reflects incomes, then Governments of whatever colour will have no chance of controlling their housing benefit costs.
Measures such as the under-occupancy penalty are tinkering around the edges. There are solutions for dealing with the housing benefit bill without resorting to the sort of initiatives preferred by the current UK Government that are having such a detrimental social impact. In 2004, the Government of the Republic of Ireland introduced the Residential Tenancies Act. A private residential tenancy board was set up to deliver reforms. Its aim was to regulate the private rented sector by extending the length of tenancy towards a more European model, clearly defining rights and obligations for both landlords and tenants, providing access to inexpensive dispute resolution, safeguarding bond payments and, crucially, capping rents.
By placing a cap on rents and driving down artificially high rental costs, the Government would have direct control over their housing benefit bill. The UK Government could then reduce their liabilities without penalising some of the most vulnerable people in society. It would also mean that working people would have a better chance of affording rent costs in affluent areas. Rent caps have been a fixture in New York since the 1940s, and New York is the home of global capitalism. Rather than targeting social housing tenants, the UK Government, and devolved Governments if they have the competence, should intervene in the social and private rented sector and cap rents.
As we have heard from other hon. Members, another solution is to address supply and demand issues by building more affordable housing. The recovery in the UK after the great depression was in part the result of a massive house building initiative. This is an ideal time for private investment, because of the guaranteed revenue streams from rental payments. It would create construction jobs and drive demand in the economy. As far as this debate is concerned, it would reduce rent costs in the private rented sector and thus the housing benefit bill.
With specific reference to the under-occupancy penalty, social tenants worried about the technicalities of the new rules have already approached my constituency offices. One of my constituents lives in a two-bedroom bungalow and receives full housing benefit. He has turned one of the bedrooms into a sterile room for his dialysis treatment. He spends three hours a day, seven days a week in this room. He has spent a lot of money turning the bedroom into a sterile room and adapting his home for his dialysis treatment. This saves the health board money, as well as releasing the hospital bed for others. Why should he now be penalised for technically under occupying his home?
Another constituent contacted me to say they had been moved from a two-bedroom property to a three-bedroom property that had been adapted for their needs. They now face the charge, despite the housing officer saying that the third bedroom is too small to be used as a bedroom. They will not, as was advocated by several Government Members, be able to rent that bedroom to a lodger. The answers to the housing benefit bill do not lie in a cap in benefits, a real-terms reduction in annual uprating or the bedroom tax. I urge Ministers to think again and to look at some of the solutions I have offered today.
Mr Iain McKenzie (Inverclyde) (Lab)
I welcome this debate. Unjust, unfair and unnecessary are the words to describe this tax. Households in my constituency will suffer dramatically as a direct result of the introduction of this tax. Indeed, families throughout Scotland and the United Kingdom will suffer the consequences of this tax. In Scotland, we are told that a total of 94,000 tenants living in the social rented sector are considered to be under-occupying their homes. We are told that a total of 75,000-plus tenants are under-occupying by only one bedroom.
With still unacceptable levels of unemployment and soaring energy and fuel prices, this measure brings nothing but further bad news for the struggling households across Scotland and the UK. Specialist bodies, including Citizens Advice and Shelter, have already warned that 40,000 households in Scotland alone are likely to run up arrears, with research suggesting that up to 10,000 households could face homelessness. That is on top of tackling the homeless problem we already have in Scotland. The prospect of homelessness is a reflection of the direction in which the Government are taking the country.
The bedroom tax is neither a cost-cutting exercise by the Government nor about introducing fair reform to the welfare state; it is nothing more than a tax on the poor and the most vulnerable in communities across the country. Of the 94,000-plus Scots who will be affected by the tax, it is estimated that about 23,000 have a disabled household member, with up to 16,000 households already having some form of aid or necessary adaption in place.
Constituents have approached me as they have become aware of how this unfair tax will affect their quality of life. I will give one example, although I could give many others. One lady came to me who previously had shared a home with her daughter. Her daughter has moved on, however, having found employment in another part of the country. The lady has a two-bedroom apartment, but now has one spare room. She has lived in the apartment for more than 20 years. She feels safe there and has good neighbours, but is now scared she will have to move and feels unsettled and frightened at the prospect of being moved across the constituency.
My constituent asked me, “Where can I go?” Down-sizing is not an option for her, because in my constituency there is not much one-bedroom accommodation. It is so limited, in fact, that she would be in her 80s before she would be offered one-bedroom accommodation, if she was lucky. Indeed, there is a lack of family accommodation in my constituency, too, so we really need to address the lack of housing and the building of new housing in and around Inverclyde. She wonders, if she were to move to the private sector, whether she would end up in a house of multiple occupancy, where we see that the private sector’s reference to efficiency involves merely pushing people into rooms with shared facilities.
By introducing this tax, the Government will do nothing more than cement their unfair and unjust attack on those who need our help the most. I support today’s motion, which calls on them to abandon this unfair, unjust and unnecessary tax, and I add my voice to the list of many here and beyond this place calling on the Government urgently to change course before these reforms hit our constituents hard. I also call on the Scottish Government to act to alleviate the burden of the tax on the people of Scotland. Across Scotland, local authorities already suffering as a direct result of severe cuts to their budgets will find it impossible to minimise the impact of the bedroom tax on many of our constituents and communities.
Mr MacNeil
Is not one of the most important things that local councils could do perhaps to reclassify bedrooms that could be used for other purposes and are no longer bedrooms?
Mr McKenzie
That is an option, but as I have said, the difficulty in my constituency is that we have limited accommodation, and the reclassification of bedrooms is not an option there.
I have been working with many agencies in my constituency that have been offering advice to those who think they will be affected by the tax. We have been holding events and information evenings, and people are frightened that they will fall foul of this tax and lose their homes. The Scottish Government could provide more guidance and help to local authorities about how to cope with the impact we know is coming. The bedroom tax is not a Westminster attack on Scotland alone. As we have heard, it is an attack on many constituencies across the UK, and I join others in calling on the Government to abandon this unjust, unfair and very unnecessary tax.
Geraint Davies (Swansea West) (Lab/Co-op)
I had to leave the Chamber earlier to help to launch a document on the links between speech, language and communication needs and social disadvantage. I mention that because one of the document’s key findings is relevant to the debate. When children in the top 25% of cognitive ability from working class backgrounds are tested at the age of 22 months and compared with children in the bottom 25% of cognitive ability from upper middle class backgrounds, we see that the upper middle class children will have overtaken the working class children by the age of 10. That is a result of speech, language and communication issues. I suggest that the dislocation of working class families and communities that these housing benefit changes will cause, through the eviction of parents because their children have grown up, is another example of the targeting of working class people who could do so much better in life and add so much more in terms of tax revenues and so on. They are the ones who will be hit the hardest.
Helen Goodman
Does my hon. Friend agree that, based on the speeches we have heard from the Government Benches today, we do not have a selection of people from the middle classes who have overtaken the working classes?
Geraint Davies
That is certainly the case. It is disappointing and illuminating that the Government Benches are almost empty this afternoon. Government Members simply do not care about a group of people who they believe will not vote. They see them as people who have failed in life and who will not vote—only 65% to 70% of people vote—so they think that they can treat them like cattle, and that is what they are doing.
Mr MacNeil
Is it not also indicative of the tone of the debate that the people who are encouraged to take in lodgers are usually those on lower incomes? There is no great push by the Government to ask the middle classes, the upper middle classes or indeed the upper classes to take lodgers into their mansions, palaces or castles. This move is aimed at the bottom end of society, and it is shameful.
Geraint Davies
I am grateful to the hon. Gentleman for that intervention.
The Government falsely claim that the problem is under-occupancy in the social sector. They say that that is awful, and a terrible waste. I have asked the House of Commons Library for the figures on under-occupancy rates. According to the bedroom standard, the level of under-occupancy in the social rented sector is 10.2%. In the private rented sector, it is 15.7%, and in the owner-occupied sector, it is 49%. So it is all very well for those who own their houses, who have five times the amount of under-occupancy, but people who are poor and who are in the social rented sector because the market has let them down are not allowed to have an empty room. Why should not those people be allowed an empty room? We have heard about people with disabilities and people with chronic problems, but what about normal people who just want their friends or their children to come and visit them? And who would want a one-bedroom house?
Let us look at the evolution of social housing. I was the chair of housing for the biggest local authority in London—Croydon—and chair of housing for the association representing all the boroughs across London. How does social housing work? We build two-bedroom and three-bedroom houses for families in need, who live in them with their children. Their children grow up and perhaps go to university or get married, and we end up with the couple in an under-occupied house. What happens then? They die, and we recycle those houses. It is no surprise that under-occupancy in the social sector is so low, because the sector naturally refreshes itself. Those people do not live for ever.
In Croydon, we also set up incentives involving thousands of pounds. We said to people, “Look, you’re an old lady living in a three-bedroom house. We’ll give you a few thousand pounds if you’ll go and live in a two-bedroom house. You’ll still have room for the grandchildren to come and stay, but times are tough.” And they did—[Interruption.] It is all very well the Minister saying from a sedentary position that it did not work. He has not tried that scheme. Why, instead of piloting his stupid ideas, does he not put the two models side by side and see which one works?
Instead of looking only at the savings and benefits involved, why does the Minister not also look at the costs? He should look at the costs in terms of community breakdown and family breakdown. What will his proposals do for people’s ability to get a job, for example? The Government want people to get some training, get a job and get some stability. Well, that is absolutely ridiculous. The social, economic and practical impacts of the measures are completely unthought out. The reason is that the Government do not care, and they do not care because they think that those people do not vote. Why is it that people over 60 are excluded from the list? It is because they vote. What does that say? It says, “Don’t have any children until you’re 40, because if you have them and they grow up and have to leave home, you will hit 60 at that time and you’ll be all right.” That is great, isn’t it? It is completely cynical and it stinks.
What does this mean for the practical implications of managing the housing revenue account? It is claimed that all this money will be saved, but some of it allegedly saved for the Government is lost by local authorities. As I said earlier, I have run a housing revenue account, so I know what will happen. A number of people will stop paying all their rent by the margin that is being cut. If I am in the local authority with a portfolio of two or three-bedroom houses, but with hardly any one-bedroom ones, I will say to the people that are not paying all their rent, “We will evict you, but we do not have any one-bedroom houses”. They will go to the private rented sector where the rents are higher and are escalated by the pressure on the market, and that will cost me more as a manager. What is more, as more people join the private rented sector, others in that sector will pay higher rents, so it will be difficult for people to build up a deposit and buy a house. That is great as well, isn’t it? It is absolutely hopeless.
Mr MacNeil
The hon. Gentleman is kind in giving way. A friend of mine in Fort William tweeted a few minutes ago to say that his parents took five years to downsize their house in Fort William. That is an example of how difficult this is practically. At that time, there was no imperative to do so—it was a matter of choice—but we are in the same boat, and we are talking about five years.
Geraint Davies
Yes, and why should someone who has lived in the same street, whose children have grown up with their neighbours and who knows everybody—having been to the local schools, visited the local pubs and worked in the locality—be dislocated and thrown into another community, another town or even another nation? The answer is that these people do not count because they are poor and they live in social housing—and the Tories and the Liberals are going to sort these people out. It is disgusting.
What else is going to happen? If managers or directors of housing have less rent money available, there will be a cut in repairs, leading to more damp and more health problems associated with bad housing. What else can local authorities do? People in Swansea are thinking about knocking down walls. If they have a two-bedroom flat, they can knock a wall down and create a larger living room in order to get round the problem. What does that remind us of? Yes, of course, it reminds us of the window tax. Do we remember when some stupid Tory introduced a tax on windows—and then people blocked off their windows: what a surprise! We are going to see that sort of thing again. It is absolutely ridiculous and farcical. If it were not so sad, we would all be laughing.
Private rents will go up for the mates of the Tories in buy-to-let who will see their incomes grow. It will stop other people buying houses, and we will see empty public sector houses side by side with overcrowded private sector houses. Where there are empty houses, it is costing us much more in lost rent than the shortfall that is being cut in this tax.
Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)
Will my hon. Friend give way?
Geraint Davies
No, because I will run out of time—perhaps at the end if I have time.
We will see major problems. My hon. Friend the shadow Secretary of State for Wales mentioned the impact of this change on Wales. He said that 46% of households would be affected in Wales as against 31% in England—half as much again. Once again, this is part of the strategy of taking money out of the poorest communities, yet poor people spend more of their money. If we want a growth strategy to get people back into work, we should give money to poor people instead of giving it to the rich who hide it away in savings accounts or offshore accounts. When people have only a little money, they have no choice but to spend it. We are denuding local authorities with poor populations of money power.
What of incentives? A son or daughter of parents might say, “I want to go off and get married and live with this person. I want to go off and live in a different town and get a different job. I haven’t got a job here; I’m unemployed.” The parent would say, “Son, that will cost me”. What if the children want to go off to university? That is going to cost the parents, too. Once again, this is just encouraging people to stay where they are until somebody hits 60. It is preposterous. The savings will not be made.
Steve Webb
There are only so many times that the hon. Gentleman can get it wrong. If someone goes away to college and is based at home, the bedroom is kept.
Geraint Davies
My point is that if someone goes away to work, that person will lose the bedroom. Moreover, if someone’s children go off to university, they will not be hanging around in the local chip shop—which is good, but obviously their parents will say, “We do not want an educated son and daughter going off and leaving us to pay for the empty bedroom. You can stay here and run the chip shop. That was good enough for us.” That is the sort of new economy that the Minister—who is now dozing off—wants, and it just does not make any sense.
As for the overall savings, the Government are making political choices. They will not save £490 million, because much of that will consist of costs for local authorities. What they are saying is “We will give the money to the voting people. We will increase their tax thresholds. Let’s face it, they are not going to work any harder. We will not harm the older people, because they vote; we will harm the poor people who do not vote. Let us hope that they do not. If they do not register to vote, we have our other plan to carve up the constituencies, so that their size relates not to the population but the number of people who are registered.”
This is a cynical attempt at political manipulation that has no regard for the economic and social impact. It is absolutely disgraceful, and it should be thrown out.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
I know that many other Members wish to speak, so I shall try to keep well within the 10-minute limit.
I am particularly concerned about the way in which this measure will affect foster carers. The hon. Member for Leeds North West (Greg Mulholland) made a powerful case for why it makes much more sense for them to be exempted from it. When I have raised the issue with the Minister at Question Time, he has said that they will be all right because there is a discretionary fund, but I think it much more sensible for them to be exempted.
It is clear to me from conversations with more than one set of foster parents in my constituency that there is a lack of communication about discretionary payments, and that people find out about them only by dint of good luck and interventions of other kinds. I am well aware that the constituents who come to me may be just scratching the surface, and that there are likely to be many others in a similar position who do not visit their Members of Parliament. The hon. Member for Battersea (Jane Ellison) seemed to suggest that we should not raise the cases that are brought to us, but I think that they are the tip of the iceberg rather than the exceptions that she sought to suggest.
One of my constituents has been a foster carer for more than 30 years. During that time she has fostered more than 50 children, sometimes on long-term placements—a couple who are with her at present have been there for a number of years—but sometimes on shorter placements. Sometimes there is a gap. She was recently told by her housing association—her social landlord—that she had three spare rooms. She does not. She has three bedrooms in her property, which are used to provide care for children who would probably cost the taxpayer even more otherwise, and would probably be receiving a less constant form of social care. She is providing that care because it is something that society wants and values. Only this week my local authority, South Lanarkshire council, sought to encourage more people to foster, but at the same time constituents of mine are telling me how concerned they are about the impact of this measure.
As for discretionary payments, the clue is in the name: they are discretionary. That means that they may or may not be applied. That means that there is a limit to the money, and once it has gone, it has gone. That means that it is added to a bigger fund to deal with a whole range of different circumstances, and there is no guarantee that it will be sufficient. My constituent lives almost on the border of two local authority areas; she fosters for one local authority and lives in another. She is fortunate in that she contacted me and I was able to join things up, but we do not know that that will happen in many cases. All those points make the case for foster parents and foster carers to be exempt, rather than being caught in the “discretionary” category.
The hon. Member for North East Somerset (Jacob Rees-Mogg), who is no longer in the Chamber, makes some cogent points from time to time, but it was ridiculous of him to suggest this afternoon that people would seek to apply to become foster carers just to avoid this. That is a ridiculous assertion, and it is insulting to those who put time and effort into being foster carers, for the wider good of society. On this specific point, the Government need to think again. The hon. Member for Leeds North West put that to the Minister, and they are both from the same party. I say that, too, as a Member of a different party. If the Government are to pursue this policy, this specific point must be addressed, because it is not fair and it is not equitable, and it has all sorts of potential unintended consequences.
The right hon. Member for Wokingham (Mr Redwood) hinted at some of the potential shortcomings and explained the problems. It is not sensible to continue with badly thought-through policies that have adverse consequences. The Government have an opportunity to think again on this, and to try to get it right. I understand the points being made about occupancy and pressure on housing, but that is not an excuse to bring in a measure that is severely punitive.
A pair of foster parents in my constituency have said that if they were starting out again they would think again about whether to foster. They have been fostering for more than 20 years, providing dozens of children with a higher standard of care and a more stable position in society. If such people are to be put off because of this imposition, and because they will be caught up in a payment that is discretionary, that will send a poor signal to society in general. I implore the Minister to think again on this specific point, as well as on the tax as a whole.
Helen Goodman (Bishop Auckland) (Lab)
I was so shocked when I read what my constituents wrote to me about the implications for them of the bedroom tax, and about how little they would have left to live on, that I decided during the week of the recent recess to see if I could survive on £18 a week, which is what they will be left with to buy their food after 1 April. That figure of £18 is entirely based on the experiences of my constituents, in particular women on employment and support allowance who are about the same age as me, but who had to stop working owing to chronic health conditions, perhaps after 20 years of working life. Out of their £71.70, they have to find £10 for electricity, £20 for heating—gas or coal—£6 for water rates, £4 for bus fares in the case of those who live in villages and have to get to the main town, and £10 for the bedroom tax, which left them with £23 for weekly living expenses.
That £23 has to cover more than food, of course. We did a calculation, and set aside £5 for all the non-food things everyone has to buy—soap, washing powder, washing-up liquid, toothpaste, loo paper—plus a small amount in order to save £50 a year for clothes or a pair of trainers, or in case the iron breaks. That leaves £18.
I therefore took up the challenge of trying to live on £18, and I want to tell Members what it is like. It is extremely unpleasant. I had porridge for breakfast every morning, as I usually do, but I make my porridge with milk; now I was making it with water. I had to eat the same food over and over and over again. Single people are hit particularly hard, because cheap food comes in big packs. I made a stew at the beginning of the week, and I ate the same food four nights a week. I had pasta twice a week. I had baked potatoes. I had eggs on six occasions. It was completely impossible to have meat or fish; that was out of the question. It was also impossible to have five portions of fruit and vegetables a week.
I therefore also have a message for the Under-Secretary of State for Health, the hon. Member for Broxtowe (Anna Soubry), who is responsible for public health. She was criticising people on low incomes for obesity. Of course people on low incomes are more likely to have that problem; they have to fill up on toast and biscuits.
I found myself waking up in the middle of the night absolutely ravenous, having to make cups of tea and eat biscuits. I had a headache for five days in that week, and I was completely lethargic and exhausted by 4 pm. Some people are on jobseeker’s allowance and are looking for a job. Looking for a job is a job in itself; it takes time and energy. The people whom DWP Ministers want to do workfare are being expected to work 30 hours a week, yet they are not going to have enough to eat properly.
Most shocking of all was the fact that come Sunday I ran out of food—there was literally nothing left to eat that night. If Ministers are happy with the notion that 660,000 of our fellow citizens are literally not going to have enough to eat by the end of the week, all I can say is that I pity them because they have no pity and no conception of what they are going to do to the people in our constituencies who will be faced with this bedroom tax.
The Minister has been very free and easy in talking about all these wonderful alternatives, such as the fact that people can move. In my constituency more than 1,000 people will be affected by the bedroom tax, but there are fewer than 100 smaller properties to which they could move. In my constituency, it is not possible for all these people to increase the number of hours they work, as seven people are chasing every job; people are in part-time work because they cannot get full-time work. Government Members have shown their complete ignorance of the benefits system by saying, “You just have to work a couple of hours a week on the minimum wage.” Of course that is not true, because these people would get then into the tapers and the disregards, and their benefits would be cut or they might find themselves paying tax. The numbers simply do not add up.
Of course some individuals or couples have properties that are larger than they need, but the so-called under-occupancy is in one part of the country and the overcrowding is in another. It simply is not credible to suggest that all the large, over-occupying families in London will move up to Durham, particularly given that the unemployment rate there is more than 9%. What would they be moving to? What would they be moving for?
I made a video diary of my week, so I got a lot of feedback from people affected by this policy. Interestingly, they said, “Yes, this is the reality of our lives. We are not able to survive properly now and things are going to get worse to the tune of £10 a week from 1 April.” In 2006, I did the same experiment under the previous Labour Government, living on benefits to see what life was like for young people on the lowest rate of income support. I found that difficult, but there was enough money to get through the whole week. I wish to point out to the Minister that we have reached a new low, because the £21 that people had in 2006 is equivalent to £28 now, and that should be compared with the £18 with which people are going to be expected to feed themselves.
The Minister has made much, too, of the discretionary housing benefits, which many hon. Members have questioned. In County Durham, £5 million of income will be taken out of people’s pockets and out of the local economy. The size of the discretionary fund is half a million pounds, so once again there is a huge gap between actual need and the resources being given to people to deal with it.
Many hon. Members have pointed out the unfairness of the policy for people who are disabled and need to sleep separately, be they adults or children; people who have children in the Army; foster carers; and separated parents. This policy is a fundamental attack on the poorest people in this country. People are going to lose between £500 and £1,000 over the course of next year, through no fault of their own. But the really disgusting thing is that on the same day that the bedroom tax is being introduced millionaires are being given a tax cut that will be worth £1,000—not over the year as a whole, but every single week.
Sheila Gilmore (Edinburgh East) (Lab)
I want to address first the comparisons between the private and the social rented sector. As was said earlier, we are comparing apples and pears. The private rented sector is not where the majority of people intend to spend their lives. Research has shown over and over again that people see it as a transitional part of their life—they use it when they are younger and they hope to move on. It is true that in the past few years it has become more difficult for people to move on—it is difficult to get a mortgage and move into the owner-occupied sector, and there is a shortage of social rented housing. Nevertheless, people do not see the private rented sector as a long-term home.
The social rented sector provides long-term, low-rent homes. The people who live in them might have been out of work at some point in their lives, but they are often in low-paid work and want to be able to afford to do that work. The people who will be affected will often have lived in those houses for many years. Some have compared this situation with the introduction of the local housing allowance, but that was not introduced retrospectively, which is what is happening here—that was made clear in an intervention earlier.
When people live in a council house or housing association house for many years, they put in a lot, using their DIY skills, or decorating the home and making it how they want it. They have invested in that home, so to tell them that they must pay up or leave entirely ignores the investment that they have made.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
My hon. Friend makes an excellent point. I had a visit from a constituent whose daughter is disabled, has just obtained local employment and really needs routine. As my hon. Friend has said, they have made great investments in their home. They have a tiny box room that nobody could fit in, but they have been told to have a lodger—having a lodger in a home with a disabled daughter would, of course, have great risks. Does my hon. Friend agree that displacing such families is totally unfair and affects the development of those children?
Sheila Gilmore
That is a good example. We are talking about real people, not just apparently unused and unloved bedrooms—despite the fact that the latter appears to be the view of many people on the Government Benches. Real people will experience real harm, but I suspect that that is part of a wider view of social housing and is not entirely accidental.
Mark Lazarowicz
On the question of people having spare bedrooms and houses that are too big for them, will my hon. Friend also bear in mind the fact that on occasion local authorities trying to let houses in hard-to-let areas have encouraged people to take houses that are slightly bigger than their immediate need would suggest in order to ensure that they are not left empty? Is that not the kind of approach that would be undermined if the policy was to go ahead?
Sheila Gilmore
I know that that has been the case in many areas. My hon. Friend comes from Edinburgh, as I do, and he will know that the problem is not always about hard-to-let areas. As far back as the 1980s, single people in Edinburgh have been housed in two-bedroom houses in some circumstances. That is partly to do with the nature of the stock, as there are not enough one-bedroom houses to match the number of people, and it also acknowledges the fact that people’s lives are not static.
We have heard a lot from the Government about dynamic benefits, but people’s lives are pretty dynamic and they change. The single person housed in a two-bedroom house might well have a child. If we insist that they can never be in a two-bedroom house, they might have to move later. The same happens in reverse, as people’s families do not stay static. Even grown-up children, as many of us know, do not necessarily simply go and stay gone. They take a job and move away, but the job or relationship might not work out and they come back. Families also want to visit. Part of this change is about saying to the not very well-off, “You cannot have the normal elements of family life; we are not going to let you.”
I was about to make a point on the general view of social housing. I think perhaps this policy is part of a pattern, because we have heard from UK Housing Ministers—those dealing with England—that they do not want social housing to be permanent housing; they want to introduce short-term tenancies of various types so that people can be moved on. This policy may not be as much of an aberration as some of my colleagues think.
Mrs McGuire
Does my hon. Friend share my concern that there may be an ideological trend in the Government’s philosophy whereby social housing is seen as welfare housing only, and not as homes for many people in our communities?
Sheila Gilmore
I think we can see a large element of that in this policy.
As many hon. Members have said, if people move to the private rented sector, the housing benefit bill may actually increase. In Edinburgh, the local housing allowance, which is not especially generous, is £114 for a one-bedroom house. Some of my constituents have asked me about moving into the private rented sector. If they move from their two-bedroom council house, for which the rent is £91 a week, into a private rented property, it will cost more. Rather than a saving, there will be an increase in spending.
The vision set out by the Government is of a lot of single people rattling around in big houses with three or four bedrooms. We are asked, “Doesn’t that seem unfair? Why shouldn’t they move on?” In fact, the vast majority of my constituents affected by this tax are not living in especially big houses. It is suggested that people take in a lodger. I visited a constituent—a woman in her 50s who is on ESA, although she has always worked previously. Her home has two bedrooms, although the second is pretty small, and the kitchen is off the living room. Having a lodger is not just about having someone in the spare bedroom; it involves sharing all those quite small facilities with somebody else. While my constituent is sitting in the living room, perhaps enjoying watching television or whatever she enjoys doing in the evening, the lodger will come through the room, go into the kitchen, make a cup a tea and come out again. Hon. Members have to understand the kind of houses people actually live in.
Local councils in particular are making real efforts to mitigate the impact, but there is a downside to that, because this is another example of where savings in general public spending will not be achieved. How is money saved if, as my council will do, local authorities find additional funding to put into their DHP fund because they believe that that is the humane and common-sense thing to do, given all the disruption that various categories of people might otherwise suffer? That is additional public spending, so we will be saving with one hand and spending with the other. Crucially, the saving that central Government want to make will result in councils having to pick up the pieces.
Michael Connarty (Linlithgow and East Falkirk) (Lab)
Many Members here who do not represent Scottish constituencies will not realise that the rate capping process carried out by the Scottish National party in government has left local government strapped, with 85% of the cuts last year being to local government budgets, so there will be less money available for the very funding my hon. Friend is talking about.
Sheila Gilmore
That is an important point. The council tax freeze which has been going on for nearly six years now—people in England will share the joys as well—has resulted in local councils being unable to go to their populations and say that they would like to put up council tax, so that they can perhaps borrow money to build more council houses. Of course, the people who do not benefit in any way from the council tax freeze are those on the lowest incomes, who do not pay council tax directly because they receive council tax benefit, but they are the very people who will be affected by the bedroom tax. For the lowest earners, the council tax freeze is not a blessing; it has reduced the services they received and hamstrung a lot of councils. I hope the Scottish Government will look again at the policy, which might appear populist but does not benefit the lowest paid.
Sheila Gilmore
I am not going to give way, because I have done so several times already.
If councils are going to put their money into this policy, by increasing discretionary housing payments, or trying to acquire or build more houses, they must be given support. In Scotland, as in England, sadly, we are seeing a substantial reduction in the building of affordable homes. In Scotland, the number of such homes was boosted briefly, but it has gone down from 7,900 two years ago to only 3,400 this year. Some of those homes are for mid market rent, which has its role but is expensive, so it could lead to higher housing benefit payments. The outcome of more mid market rent housing is similar to what is happening in England. We have heard people on the Government Benches saying that the Government will ensure that more affordable houses are built, but I thought they had made it clear that those so-called affordable houses were going to be at up to 80% of market rent, which is expensive. In Edinburgh, a council one-bedroom property is £275 per month, but a mid market one-bedroom property is currently being advertised at £439 per month. Mid market is no substitute for low-cost affordable housing.
The high housing benefit bill will be reduced not by measures such as the bedroom tax, but by measures that address the supply of housing and the huge cost of the private rented sector. A couple came to see me who, after six years, had got the two-bedroom wheelchair-accessible house that they need. It is no use saying to them, “You can apply for a discretionary housing payment.” In a Westminster Hall debate recently, the Minister said that discretionary housing payments might have to become permanent in such cases, but that couple will still have to apply every year, and will have uncertainty, and that is not fair to them. If such payments have to be permanent, where is the saving? Why not have an exemption?
Mr William Bain (Glasgow North East) (Lab)
I was pleased to spend last week’s recess talking about this issue with my constituents, because what we decide in the House has its most crucial impact in the communities we represent. The bedroom tax has achieved in a shorter period the ignominy once reserved in Scottish society only for the hated poll tax. In my constituency, hundreds of people, from Dennistoun to Springburn, continue to sign petitions to stop the measure, which will cost people up to 14% of their weekly housing allowance.
Last week, at an event hosted by NG Homes, I met voluntary groups and housing associations from across Glasgow who warned of the effects of the plans on homelessness, rising levels of evictions and rising debt in north and east Glasgow. The Prime Minister’s ambition is being realised at last—the big society is coming together, not in his support but in complete opposition to the absurdity and unfairness of the housing benefit plans and the chaos and social harm they will cause. In my constituency, nearly 86% of the 16,580 housing benefit recipients are in properties rented from registered social landlords, and 65% are within the age range that is subject to the bedroom tax. The vast majority receive between £25 and £100 a week in local housing allowance to help with rental costs. That is in a constituency where the median wage is under £17,600 a year, and child poverty is the third highest in the UK and the worst in Scotland, at some 43%.
The three areas that will be hurt hardest in Glasgow North East, according to the Glasgow Housing Association, are Milton—with a higher than average number of lone parents, rent payments there will go up by a collective £8,000 a week—Keppochill and Possilpark, but last week I discovered people right across my constituency who will be hit by this cruel tax. Around half the recipients in my constituency are on out-of-work benefits, but three in 10 of those who are in employment earn less than the living wage. It is clear that the decline in real wages—it has accelerated under this Government—which have fallen every month the Government have been in office, has driven the greater reliance on housing benefit to maintain even these basic living standards.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I should have reduced the time limit but did not, on the off-chance that there would not be too many interventions. I warn Members that I will now have to reduce it, and if they are upset it is due to the number of interventions.
Geraint Davies
In a nutshell, the cost of reducing the tax threshold by £1,000, which gives taxpayers £6 a week, is £5 billion, 10 times what is being saved here. If someone who is very poor looses £7.50 a week through the empty bedroom tax, someone else is being given £6. Does that not illuminate the Government’s priorities: hitting the poor and letting the middle class off?
Mr Bain
My hon. Friend is certainly right to draw attention to the absurdity of the Chancellor’s claim that there is a zero tax band for people on low incomes, who of course pay national insurance, higher VAT under this Government and all the things described in this debate. I should also point out that rents are rising in much of Scotland—by 6.3% in Aberdeen and 5.1% in Edinburgh, for example—which is adding to the pressure this policy will cause.
The bedroom tax will hurt the country in many ways that the Government do not presently acknowledge, for example through its impact on families, the economy, employment and housing. First, these plans utterly fail the test of promoting economic growth. Indeed, by diminishing demand among people who will spend the money, the least well-off, they will have a deeply contractionary effect. Keynes’s paradox of thrift will sadly become a death knell for local shops across the country as people are forced to cut back on spending. The University of Strathclyde’s Fraser of Allander Institute estimates the cost to the Scottish economy to be more than 300 jobs, £30 million a year in lost demand and a reduction in wages in Scotland of nearly £8 million a year.
The Minister claims that people should work longer hours, but do I really have to point out to him that under-employment has soared to 3.2 million under this Government and that there is a slump in productivity because demand has been so weakened by their catastrophic fiscal policies? I also remind him that, with the deficit tracking 7% higher this year than last and our credit rating having been downgraded, these are Tory cuts that he is defending because of the Chancellor’s utter and abject failure on growth.
The Office for Budget Responsibility predicted in November 2011 that the economy would grow last year by 2.5%. It has been confirmed today that instead, it grew at less than a tenth of that rate. The impact assessment on these changes also reveals the truth: if people are able to change their behaviour, as the Minister vainly hopes they will, these plans will save little or no money for the Exchequer. His other policies to cut the benefits bill are failing, because unemployment is 340,000 higher than the OBR predicted in 2010 and living standards are falling in a low-growth economy. He can generate the savings he is seeking with this policy only if people cannot move or work longer hours and so are forced to pay the tax. He is making the poorest suffer for the Chancellor’s manifest incompetence in securing less than a tenth of the economic growth we were predicted to have over the past two and a half years.
Secondly, these proposals are a byword for absurdity. The Minister believes that people can simply uproot themselves from homes they have lived in for three decades or more, and from friends, family and jobs, to go and live in parts of the country where there are smaller houses and perhaps fewer opportunities to work. He says that alternatively, people should take in a lodger—a step that is actively discouraged in the registered social housing sector in Scotland, where stock is allocated on the basis of need. The sheer absurdity is further heightened by his refusal to admit until this afternoon that his plans will potentially remove money from up to 96,000 members of the armed forces, nearly 8,000 Army trainees, carers and foster parents in Glasgow, while nearly 1,000 prisoners on remand in Barlinnie jail in my constituency will be exempt.
Mr Bain
No, because I am compliant with Mr Speaker’s strictures on those who wish to take part in the debate. The Minister will have an opportunity to deal with this later.
All age groups in society will be affected. People over the age of 61 could be drawn into this tax too if they have a spouse or a partner living with them who is under that age and they apply for universal credit after October.
Thirdly, these plans hit the most vulnerable the hardest. Two thirds of the 660,000 people affected across the UK have a disability. Last week I met disabled people who told me that they will be caught by the tax and asked to pay an extra £14 a week for having a room in which no one sleeps but that is used to provide physiotherapy and medical treatment within their home. I spoke to the friends of a young person with a learning disability who is co-operating with the local housing association and who would move into a small house if he could, but there are simply none available. Through no fault of his own, he will be forced to pay the bedroom tax on income support of £47 a week.
Fourthly, there is a lack of available properties for people to move into. Some 540,000, or 81%, of those losing out will be people who cannot move because there are no one-bedroom properties in their areas. According to Glasgow Housing Association, there is a waiting list of 13,000 in Glasgow for one-bedroom properties because housing associations, and the council before them, responded to local housing demand by building homes with two or more bedrooms. With a social housing shortfall of 156,000 properties for Scotland’s housing needs, there is no way the required properties could be built so that people can avoid destitution through having to pay this tax from April.
Fifthly, these plans will cause enormous uncertainty for our housing associations. They now have no clarity about their future revenue levels or the investment decisions they can make on social housing. They are unsure whether they should be building one-bedroom houses. They are fearful of managing a surge in rent arrears, with the cost being paid by all tenants in the form of lower priorities for refurbishment of existing properties or reduced budgets for repairs.
The wider issue is this Government’s lack of empathy with those who live in social housing. This is a further attack on that very concept from a Government who have cut the social housing budget in half. This is not an issue that divides people in Scotland from those in England and in Wales: it is about a feeling that Ministers are losing their sense of what is morally right or wrong for people across the United Kingdom. What best sums up what ordinary people feel about the injustice of this absurd tax is a conversation that I had with a 69-year-old constituent on the way to my constituency office last week, who stopped me to see whether she would be affected by the bedroom tax. When I explained that she would not, she told me how troubled she was that other people in her community would have to pay it. She said that this has been the worst Government in her lifetime and that the right hon. Member for Tatton (Mr Osborne) is the most arrogant and out-of-touch Chancellor in history, but that of all the cruel things they have done, this is by far the most vicious. She was right.
The voice of ordinary people has been heard in this debate, but it must also be reflected in the votes in the Division Lobby tonight. I particularly urge the party of Lloyd George and Gladstone not to vote for a policy that even the party of Thatcher would have shrunk from in the 1980s. It is the duty of all Members to avoid causing unnecessary suffering to nearly 700,000 people by opposing this cruel tax in a strong, clear vote tonight.
Mr Speaker
Order. In order to accommodate the five remaining hon. Members who are seeking to catch my eye before the start of the Front-Bench winding-up speeches at 6.40 pm, I am obliged now to reduce the time limit on Back-Bench speeches, with immediate effect, I am afraid, to seven minutes.
Mr Russell Brown (Dumfries and Galloway) (Lab)
I apologise to the House for leaving the Chamber earlier. I had a meeting with a local firefighter who had travelled 300 miles to see me.
According to the four main registered social landlords in my constituency, the bedroom tax will affect 1,770 tenants in my area. That is not an insignificant number and the landlords are working hard with each and every one of them. There is no doubt that some tenants will decide to try to squeeze money out of their budget in order to avoid moving, if moving is an option for them in the first place.
We have already heard—I do not want to go over a lot of the same ground—that this is about some of our most vulnerable people, including the disabled, students and the military. The last thing that those who serve our country in theatre want to see when they return to their barracks and spend time at what they call home is their family, particularly their parents, being punished in any way.
We have also heard about foster carers. Things are not easy for emergency foster carers, who sometimes have to take in more than one child. If there has been a family breakdown, two or three children might have to be taken into emergency foster care. Kinship carers are also common in my part of the country. Mothers and fathers or aunts and uncles sometimes take in children in an emergency, because of the parents’ chaotic lifestyle.
The hon. Member for Beckenham (Bob Stewart) asked whether assistance will be provided if someone manages to downsize. Will the Minister explain clearly what that assistance will be? Will it merely be discretionary support? It is important that we understand what it will be.
As has been said, people will lose, on average, £14 a week. What will it mean to take in a lodger in such circumstances? Yes, people will be able to make up that shortfall, but if the lodger pays £50 or £60 a week for board and lodgings, that could throw the benefits system into turmoil for many claimants, because there might be a reassessment of benefits. Will the Minister provide clarification on that?
I thank my right hon. Friend the Member for Stirling (Mrs McGuire) for encouraging me to hold a welfare reform meeting in my constituency last week. I held it in the town of Dumfries and will hold a similar event in Stranraer, at the other end of my constituency, next week. We brought together charities, churches, registered social landlords, the council, benefits advice organisations and a gentleman from the Department for Work and Pensions, whom I thank. I told the audience, “Do not shoot the messenger. Department for Work and Pensions staff are there to deliver on a policy devised by politicians.” Some horrendous stories were told. The aim of the event was to encourage those working in the community to look for the tell-tale signs of families starting to feel the pressure as a result of the bedroom tax or universal credit.
My hon. Friend the Member for North Ayrshire and Arran (Katy Clark) was right to highlight the amount of money that this will take out of the local economy. When we debated the Welfare Benefits Up-rating Bill, I pointed out that the 1% freeze would take money out of the local economy and away from some of our poorest people. That will also happen as a result of this provision. Taking money out of the local economy does not stimulate it, and does serious damage.
My local authority, Dumfries and Galloway council, has a Conservative and SNP administration. Some months ago, it set up a welfare reform working group. My Labour colleagues, who make up the largest political grouping on the council but are in opposition, did not take part in that group. Instead, they established their own welfare reform working group. The report by the Labour group came before the council’s policy and resources committee yesterday. Lo and behold, the Conservative leader of the council accepted all 21 recommendations the Labour councillors put forward. I will not go through them all, but they include an urgent report on the legal and financial implications of using discretionary housing benefit to cover any shortfall in the first year for those affected by the tax, and a report on the proposal to expand access to credit unions and to explore other banking options for bad debtors.
The Conservative leader of the council accepted the recommendations wholeheartedly, but he took the matter a step further. He decided that it was right for Dumfries and Galloway council to write to Lord Freud to make him aware that the steps he was taking, especially the bedroom tax, were wrong. The leader of the council said on the radio this morning:
“In Dumfries and Galloway we’ve taken the decision in the past that we don’t see one bedroom being the ideal situation. Two bedrooms is what we’ve been basing our housing strategy on in the past and we feel that the minimum should be two bedrooms rather than one bedroom when they are looking at under-occupancy legislation. This is something that we feel that we need to push harder on for our tenants across the region.”
That comes from a Conservative leader of a local authority in Scotland.
Julie Hilling (Bolton West) (Lab)
When I listen to the Government, I wonder what world they live in. It certainly is not the world of the 2,400 tenants of Bolton at Home or the 4,500 tenants of Wigan and Leigh Housing who are facing unaffordable bills because the Government have decided that the poor should pay the price for the wrongs of the rich.
The Government have a fundamental ignorance about social housing and a thoroughly disgraceful attitude towards people who, through choice or circumstance, are living in council or housing association properties. They seem to think that it is a negative choice and that everyone, whatever their circumstances, should aspire to own a home. It is as if they have learned nothing from the sub-prime catastrophe.
Julie Hilling
I will not because other Members want to speak.
Social houses are homes: homes that are usually occupied by people who cannot afford to buy a house because they do not earn enough or because they cannot work; homes that people live in for many years; homes that tenants lavish care and attention on; homes that they hope to live in until they choose to downsize to a flat or until they die; homes that their children may move back into when they finish university or when relationships break down; homes that families come to visit and where grandchildren come to stay; homes that are part of a community that benefits from stability and from established residents who make a contribution.
The Government do not seem to think about homes and communities, but merely about spare bedrooms. When they talk about overcrowding, they do not look at where the so-called spare bedrooms are and where the overcrowding is. Unfortunately, the two do not match. They also do not consider who will lose out. What they are doing is like shuffling the deck chairs on the Titanic. They are simply moving the problem, not solving it.
Bolton and Wigan do not have spare one and two-bedroom properties, so tenants will have to starve or freeze to pay the additional rent, move to the private rented sector or be evicted for arrears. The Minister suggests that people should work more hours. If only it were that simple in Tory-Lib Dem Britain to get a job. Even if people can get a job, the Minister ignores the fact that every time people earn more money, they lose benefits. How will that help to cover the gap?
The Minister also says that the measures will drive down housing benefit costs. Wigan and Leigh Housing has done its own modelling. If about a quarter of its tenants moved into the private rented sector, there would be an additional cost to the Department for Work and Pensions of more than half a million pounds. It also estimates that the cost to Wigan and Leigh Housing would be more than £10 million, which would come from a different public purse. That includes £1.4 million for the adaptation of new homes for the disabled and £300,000 for rent collection. This measure will, of course, affect other tenants as well as the ability of housing associations to repair and maintain housing stock, and it will prevent them building new homes. One housing provider has said that it will lose one new build a week because of the cumulative affect of welfare reform.
Government Members like to throw out the accusation that the previous Labour Government introduced the same policy for the private rented sector with the local housing allowance, but they should stop listening to their own spin. The LHA was tested for four years before it was introduced and did not apply to existing tenants but just to new claimants or people moving house. It did not specify how many bedrooms people should have, but allocated a sum of money based on the median rent for properties of the relevant size. Therefore, if a family found a house with more space for a lower rent, they could move in. The size of the housing benefit bill is due to the cost of private rents, not social housing. However, the Government will not do anything about fair rent and instead just reduce the chances of ordinary people to find houses. I also wonder when Government Members last visited a council house and looked at the size of the so-called third bedroom. Often, it is a room that barely fits a bed and would be unbearable for two teenagers with no space to do homework or hang up clothes. It is certainly not the sort of space that a lodger would want to rent.
My hon. Friends have mentioned the difficulties of expecting children with vastly different ages to share a bedroom, and the difficulties experienced by families with a disabled member. Let me lay out the nature of the Government’s policy. A family with two children under 10 in a three-bedroom house will now need to move to a two-bedroom house. When a child turns 10, they will need to go to a three-bedroom house but if one child moves out, they will have to go to a two-bedroom house. If both children move out, they will have to move to a one-bedroom home, but what about if one child wants to come home? What about the cost of this measure? Will children have to move school? What happens to the community? This policy is nonsense.
Others have spoken in detail about the situation of separated couples, but I have one question: will mothers allow their children to stop with their father overnight if the father is in a bedsit and the child has to share a bed with dad or sleep on the couch? The Government just have not thought this through.
I have already spoken in this House about Isabel and her son Carl who has Down’s syndrome, so I will finish by talking briefly about two people who came to see me last week as a result of my asking the Prime Minister whether he had ever met anyone who was losing their home because of the bedroom tax. The Prime Minister replied that he often met service people in his constituency, although he did not tell us whether they were losing their homes. Stephen and Bill came to see me because they are ex-servicemen.
Stephen and his wife told me that for them this policy feels like persecution. Stephen served for 17 years in the Air Force and then continued to work. He became ill and lost his house; he has had two back operations and has irritable bowel syndrome. His wife is suffering from depression. Stephen has been in his council house for 22 years and told me that he feels that he has made a huge contribution to this country and cannot understand why in his hour of need the country is turning its back on him.
I cannot talk about all of the situation of the other person, Bill, who came to see me, but he lives in an adapted house with a carport, ramp, walk-in shower and stair-lift. Bill is disabled, has anxiety and depression, and IBS. He lives close to his family and gets support from them—and he gives them support; his son is serving in Afghanistan. He is anxious about the bedroom tax and is trying to be proactive, but because of his needs, accommodation is limited. Bill says that the only thing he has to live for in his life is his fishing and he is worried to death that he will not have room for his fishing gear in any other accommodation. He is considering suicide.
This is not scaremongering; it is the reality of people’s lives.
Mr Speaker
Order. I am afraid that the time limit must now be cut to six minutes.
Nia Griffith (Llanelli) (Lab)
In Wales, some 40,000 households will be affected by the under-occupancy penalty or bedroom tax, which is 46% of working-age social housing tenants who receive housing benefit. That is one of the highest percentages of any area in the UK, well above the UK average of 31%, and is due to the nature of the housing stock which is mostly three-bedroom houses. In my county of Carmarthenshire the housing department has identified 1,341 households that will be hit, 860 of which are in my constituency. At least the department is being proactive and trying to find people and help them, but it is an impossible task.
We have heard a good deal today about the range of people who should be regarded as exceptional cases, and I endorse the idea that people such as foster carers and those in specially adapted properties should not be penalised. The fact remains, however, that many people of working age in social housing are vulnerable individuals but do not count among those who will receive discretionary treatment. They have often been allocated social housing because they are in need—because they have, for example, mental health problems. Clearly, the discretionary money falls far short of what will be needed to cover the whole of the shortfall for those in need.
Where does that leave us? All hon. Members understand that some households have a spare room. That is simply because the overwhelming majority of council housing and housing association housing is three-bedroomed. In an ideal world, we would free up the three-bedroom properties for families who need them, but that cannot be done overnight. People have sometimes had to accept those homes because they are the only ones available. In recent years, housing associations have built one and two-bedroom properties, and Carmarthenshire county council, my local authority, is building some small bungalows, but they are already in great demand, and there is no way that local authorities can suddenly build enough new properties to accommodate all those who will be affected by the under-occupancy penalty.
Many of those who move to the available one and two-bedroom properties are pensioners, who are mercifully exempted from the bedroom tax. The problem, however, is simply that there are not enough one and two-bedroom properties. My hon. Friend the Member for Swansea West (Geraint Davies) spoke of incentives, but even without incentives, many people want to downsize when their children grow up—downsizing means that properties are easier to look after, and people often recognise the social value of giving up their property to a family and moving into a smaller one. However, they cannot do that if there are no properties to move into.
Let us look at the reality of what will happen. Let us be clear: people on low incomes just do not have extra money to cover the extra rent. As is explained in the House of Commons briefing, the amount of money that people receive in benefits has never been based exactly on need. There has always been a compromise between need and what could attract political support, but the fact remains that people on benefits live on scarcely enough to cover basic needs. There is already a massive squeeze on household budgets, with relentless price rises for essential items such as food, energy bills and bus fares. Those on the lowest incomes suffer the most, because they have no spare cash and have already cut back on anything that is not essential.
Many people will try to stay where they are to avoid disruption to their family and their children’s schooling, or the increased bus fares they would have to pay if they moved away. They will desperately try to pay the additional rent from their meagre budgets. That will mean people turning off heating and cutting back on food, and trying their utmost not to spend anything extra. However, the chances are that, despite their best efforts to keep their secured council house tenancy, because they value that and realise how difficult life is in the private sector, where they are pushed from pillar to post, they are likely to fall into arrears. That will have a negative impact on council housing and housing association budgets and cash flows, and leave less money for maintenance and new build.
Once a family falls into arrears, their problems will spiral. They will be prey to loan sharks as they try to make ends meet. What happens if they are evicted? The council will have to re-house them. They could end up in bed and breakfast or other privately rented property, all of which would be more expensive than the amount saved by imposing a bedroom tax on the extra room in their house. The trouble is that some private accommodation is only temporary—the family will move from pillar to post, with all the educational disruption that that will cause for their children.
The private sector has problems, because there is a lot of pressure from young professional couples who do not have the job security or deposit to buy their own homes. They are pushing up prices and taking the more desirable private properties. Another problem is that, although we have passed legislation to license landlords, it is taking a while for local authorities to do so. There is a lot of backlog in driving up standards and decency in private sector homes, which are often sadly lacking.
Just one aspect of that problem—letting agents—is being covered by my hon. Friend the Member for Rotherham (Sarah Champion) in the debate in Westminster Hall this afternoon. There is so much to tackle in the private sector to bring it up to standard.
If we take into account the cost of administering discretionary payments and the difficulties of trying to share them fairly, when there is clearly not enough money to go around, we realise that it would be far better not to implement the bedroom tax. It would be far better to stimulate growth, get more jobs and more people in work, and therefore increase the tax take. There would then be a chance to get the deficit down. In the meantime, we could use the money from the 4G sell-off to build more homes so we have less of a housing crisis.
Jim Shannon (Strangford) (DUP)
I thank the hon. Member for Banff and Buchan (Dr Whiteford) for bringing the motion before the House. This is a serious issue that is proving to be stressful for a great many vulnerable people—the elderly, single parents and disabled couples—and that stress is affecting their health. That point has been made eloquently at Prime Minister’s questions and throughout this debate. The Minister is greatly respected and well thought of in all parts of the Chamber for the way he responds to a great many points. My questions and comments are meant constructively, and I would like him to respond to them.
In Northern Ireland, we are faced with 2,000 households in social housing—whether housing executive tenants or housing association tenants—facing a major shortfall in their rent of up to 25%. That means a tremendous number of families are unsure of how and where they will live. I am aware that in many parts of Great Britain there are many more smaller social homes with one or two bedrooms, and tenants who want to move have a realistic chance of downsizing to a property the cost of which will be covered by their benefit. That is not the case in Northern Ireland and, while we have started to build smaller apartments and homes, we have nowhere near the necessary number to begin to implement this reform and to move people who cannot afford to pay the difference.
I was a councillor for 26 years before I came to this Chamber. One measure that I pushed for as a councillor 20-odd years ago was for the executive to upgrade its one-bedroom bungalows to two bedrooms. It has taken nearly 20 years for that to happen. Today, we wish we could turn back the clock—the film “Back to the Future” comes to mind. The very thing that we pushed for 20 years ago has to be turned back—a matter of great concern. The Minister for Social Development in Northern Ireland has no option but to implement these reforms, as the Northern Ireland block grant does not allow for a delay. However, his Department is in no way, shape or form ready to follow through on the legislation that has come before this House.
In Northern Ireland, it has been estimated that there will be a housing benefit shortfall of £10 million per year, and I doubt that there are many people on housing benefit who can afford to make up that money themselves. The Minister for Social Development, Nelson McCausland, has said:
“The best way forward is the use of discretionary housing payments. We have increased the money there for those that may be affected.”
Yet again, it must be stressed that the Northern Ireland Executive cannot bear the load of these changes out of the block grant, and that will inevitably lead to severe hardship for many families in Northern Ireland, as it will—I know this from hon. Members who have spoken—on the mainland in Scotland, Wales and England. Elderly widows have been ringing me to ask whether they will be expected, at their time of life, to take in a lodger in their two-bedroom homes. Their fear is palpable, and the state should never be guilty of enforcing that on them.
For some, the new rules will reduce their existing housing benefit by £650 per year. The bottom line will be that if they cannot afford that, they will have to find a new house. The scenario I would like to put to the Minister is this: a divorced mother has two children, a son of nine and a daughter of eight. The new rules say that the children can share a bedroom and the family therefore have to downsize their home. However, that will apply for only a year because the children will no longer have to share when they are 10 and nine, and the rules state that they will then need an extra bedroom. Would it be economical to expect the household to move, or will the housing benefit section have the discretion to waive this tax in those circumstances? How far does this discretion extend? Does it allow for the disabled couple who cannot sleep together and need a carer to sleep in the house at times to help with their care needs? Are they expected to foot the bill because they are disabled and need help?
We recently spoke in this House about needing more foster carers and touched on the effects on them. I do not want to repeat what has been said, but by the same token people on housing benefit will be penalised for trying to offer a home to young people who need some love and care. I have to ask: where is the big society in that?
I could go on, but time is limited. We are not ready to implement this either morally or physically. We lambast absent fathers for not playing an active role in their children’s upbringing. We then tell them that they are not allowed to have a bedroom for their child to stay in when they are trying to build a relationship through their visitation rights. We tell people who are married and working, “We have no houses for you in the housing executive, so you will need to rent privately and we will help you with the payments.” We then say, “Well, your private rented house is one bedroom too large, so we won’t help you with this payment anymore, and we can’t rehouse you so you can find a smaller home close enough for your child to walk to school. As you have no car, there is nothing that can be done for you.” Hon. Members—on both sides of the House, to be fair—have asked, “Is this really what the House advocates?” I would say not. I and many other Members do not advocate it. Single tenants regularly come to me, and like others, I am sure, I have helped hundreds with their housing benefit. Often, we find that, because of their age, they are restricted in how much housing benefit they can get. The discretionary payment fund helps them that wee bit along life’s road, but then we find that this payment, which helps them to develop their quality of life, get a job and so on, is being taken away from them.
We need to make changes to the housing sector, but we cannot enforce changes without the infrastructure in place to implement them. I do not want to be part of a measure that puts 32,000 families in housing stress. Is this something that the Minister is prepared to implement before the foundations have been laid? I hope that he will allow the infrastructure and details to be put in place before this is pushed through.
Mr Jamie Reed (Copeland) (Lab)
It is a genuine pleasure to follow the hon. Member for Strangford (Jim Shannon). It is clear from the testimonies of my hon. Friends that the consequences of this ill-thought-out tax on families will be enormous. I fear that the great number of letters that my hon. Friends and I have received from families up and down the country who are extremely worried about their futures as a result of these changes is just the tip of the iceberg—thousands of people who will be affected by the bedroom tax do not yet know it.
Analysis by the National Housing Federation shows that the bedroom tax will hit 2,000 families in my constituency—each to the tune of more than £500 a year—and every day I hear from constituents worried about how they will cope. The economy of my constituency is based on public spending. It needs to be rebalanced, and I have worked consistently to do that, but this latest blow will undoubtedly hit economic demand in my constituency even further, making that task even harder. The bedroom tax will have an effect on my local high street, businesses and other economic activities, and the same will be the case in constituencies and communities across the country.
We need to speak to housing officers from social housing providers about the bedroom tax. They know who the good and bad tenants are on their patches. I used to be one myself. [Laughter.] A housing officer, not a bad tenant, that is! We need to ask them how the bedroom tax will affect their tenants, and they will say that, for some, it will be crucifying. Not everyone can move to different properties, because they are not available, so instead some will be faced with paying a tax they simply cannot avoid. This tax demonstrates what we all know—that the Government come up with policies that are ill-thought-out, damaging and disproportionately targeted at the least well-off in our society.
Instead of spending their time cobbling together disjointed, contradictory and weak justifications for the shameful bedroom tax, the Government should do the right thing and drop it. I can think of few more embarrassing, cringe-worthy illustrations of a rotten defence of a rotten policy than that provided by the Minister in the Lords, Lord Freud, on BBC Radio 5 Live recently, when he told concerned social housing tenants that they should seek to take in lodgers in order to pay the tax. How delusional, how detached, how dangerous! Here we have a Minister telling people that to pay the Government’s punitive tax, they should break the terms of their tenancy agreements and so risk eviction. I would urge students of bad policy, bad communication, bad government and political incompetence to read a transcript of the noble Lord’s interview.
The Government claim that the bedroom tax will solve the issue of under-occupancy. Has it not occurred to them that the people affected will not be able to avoid it? All the policy will mean is that low-income families will be hit in the pocket. It is a tax on the poor. It means less money available for food, groceries, school trips and school uniforms, heating and transport. It is a policy of the madhouse that will push people closer to the poorhouse. Alongside the Tory NHS Bill, Liberal Democrat support for this marks the point at which they have become a wholly owned subsidiary of the Conservative party.
There simply are not the excess houses available for people to move into. The Secretary of State has offered no solution to the mismatch between families’ needs and the accommodation available. This mismatch is highlighted in his Department’s own policy assessment, so what are the Government going to do about it? What kind of dysfunctional Department is he running, when fundamental issues arising from such massive changes have not even been considered?
Like, I suspect, hon. Members on both sides of the House, I have many constituents who will be hit by the bedroom tax. Oblivious to the impact of his own policies, the Prime Minister said again today that he was happy to look at individual cases, and I will be sure to forward him the many that I have already received. Perhaps he will be able to explain to the divorced father in my constituency who has joint custody of his children where his children will stay when they are with him. Perhaps he will also be able to explain to the many disabled people in my constituency, who have already had their homes adapted to suit their needs, why they are being penalised. And perhaps he can explain to the parents in my constituency whose children are serving our country in our armed forces why their mandated time away from home will either hit their pockets or cost them their homes.
The actions of this Government have left many people with no option but to lower their living standards or lose their homes. It is no wonder that the Secretary of State is known as the quiet man—he has much to be quiet about. This bedroom tax is unacceptable, indefensible and increasingly typical. It will not be forgotten.
Hywel Williams (Arfon) (PC)
I am glad to rise to sum up on behalf of Plaid Cymru, the Scottish National party and the Green party. We have heard 26 speakers in the debate today, including the Minister of State, Department for Work and Pensions, the hon. Member for Thornbury and Yate (Steve Webb), which is ample proof that we made the correct choice in putting this subject up for debate. I will try to mention all the speakers briefly, although I am anxious to allow the Under-Secretary of State for Work and Pensions, the hon. Member for Wirral West (Esther McVey) ample time to defend her Government’s position. To that end, I might sit down a little early.
The debate was opened by my hon. Friend the Member for Banff and Buchan (Dr Whiteford), who pointed out that the proposed penalty was inherently unfair, that it had structural problems and that it would hit disabled people, foster carers, separated parents and many others. She outlined some mitigation measures that could be taken, but her choice—and that of my right hon. and hon. Friends and me—is that the Government should abandon the penalty.
The Minister of State then gave us a clear explanation, as he always does. I will not go into the details of his speech, but he made some interesting points. He stated clearly that one of the purposes of the penalty was to save money; we would argue that that is its main purpose. He also said, to some surprise, that these were Labour cuts. I thought that it was the Conservative and Liberal parties that were in government, and that Labour was in opposition, but there we are. That is what he said. He also said that there was a spare room subsidy. We have been calling it a bedroom tax. May I suggest that we all call it a penalty? It will be a penalty on ordinary people.
The right hon. Member for Birmingham, Hodge Hill (Mr Byrne) discussed the problems that will arise from the penalty, especially in a time of recession, and the problems that people would face in moving when there was no possibility of their doing so. The hon. Member for Keighley (Kris Hopkins), who is no longer in his place, talked about his constituency. The hon. Member for Glasgow North (Ann McKechin) said that the Government were unprepared, that great disruption would be caused, and that we needed solutions for housing problems as a whole, and not just in terms of the money involved.
The hon. Member for Leeds North West (Greg Mulholland) explained his position with some care and eloquence, and I hope that he might be persuaded to join us in the Lobby this evening, rather than abstaining. The hon. Member for Newport East (Jessica Morden) outlined some heartrending cases and talked about the nature of the Welsh stock. She made a point that many other hon. Members made, which was that many people have no choice. The Government might think that there is a choice, but there ain’t. The hon. Member for Battersea (Jane Ellison) called on Labour to pledge to reverse the measure if it was in government, and that reasonable request is echoed on these Benches as well. However, I do not think that she quite understood the delightful intricacies of devolution, or the fact that the SNP is actually in government in Scotland.
The hon. Member for Brighton, Pavilion (Caroline Lucas), who apologises for being unable to be here this evening, highlighted the Kafkaesque point that if the Government’s intentions are carried out, they will save no money—that is, that people would move and no money would be saved. She also talked at some length about other practical points, and ended by saying that while the banks got bailed out, the poor got thrown out. The right hon. Member for Wokingham (Mr Redwood) recognised the difficulties involved in downsizing, and emphasised the value of incentives rather than penalties. He also talked about eligibility, and I am afraid that he then strayed into the immigration debate.
My hon. Friend the Member for Dundee East (Stewart Hosie) gave the House a riveting explanation of the situation in Scotland. He also pointed out that 79% of the households in Scotland had a disabled person living in them, which is an even higher figure than for England or Wales.
The hon. Member for North East Somerset (Jacob Rees-Mogg) overstated the case. Initially, I thought he was falling into the schoolboy error of overstating people’s case in order to knock it down more easily. Then, however, I realised that he actually believes this stuff.
The hon. Member for North Ayrshire and Arran (Katy Clark) pointed out some problems that will arise and spoke about the misery that will be caused. The hon. Member for Bolton South East (Yasmin Qureshi) said that, in reality, spare rooms are not spare. My hon. Friend the Member for Carmarthen East and Dinefwr (Jonathan Edwards) outlined some of the factual background and outlined ways in which these sort of problems are tackled elsewhere—in Ireland and the USA, for example.
The hon. Member for Inverclyde (Mr McKenzie) supported the motion, and the hon. Member for Swansea West (Geraint Davies) spoke in his own inimitable style about the impact on working class people. The hon. Member for Rutherglen and Hamilton West (Tom Greatrex) talked about the problems for foster parents, which are indeed severe and need to be looked at again.
The hon. Member for Bishop Auckland (Helen Goodman) gave us a very interesting account of her attempts to live on benefit. It might well be a salutary lesson for some Conservative Members to repeat the experience she had in that respect. The hon. Member for Edinburgh East (Sheila Gilmore) outlined many of the practical difficulties, while the hon. Member for Glasgow North East (Mr Bain) talked about the macro-economic effects and the blow to local economies.
The hon. Member for Dumfries and Galloway (Mr Brown) spoke about the effects on disabled people and on the poorest, and called for ameliorating measures. The hon. Member for Bolton West (Julie Hilling) talked about the effect on local housing providers and the effect on real families—not the families of the Government’s imagination. The hon. Member for Llanelli (Nia Griffith) talked about the inflexible nature of the housing stock and the consequences from it, while the hon. Member for Strangford (Jim Shannon) gave us a welcome perspective from Northern Ireland and spoke about the problems this penalty will cause there. Last but not least, the hon. Member for Copeland (Mr Reed) said that what we have heard this afternoon is only the tip of the iceberg.
As I said, we have heard 26 speakers. However seductively the Minister will present her arguments, it is clear to the House this afternoon that the Government’s main aim is to cut the housing budget, taking money from the pockets of some of those least able to afford it. As has been said, two thirds of those affected are disabled or have disabled partners, and I point out that half the people affected have been tenants for 10 years or more. Conservative Members are fond of complaining about crime and disorder on estates. These longer-term tenants are the sort of people we want to stay on estates to give leadership to the local communities, but they are the people who will be moved on by this penalty.
As has been mentioned, 46% of housing benefit claimants will be affected in Wales compared with 31% for Great Britain in general, showing that this is a particular problem for Wales. My own local authority of Gwynedd is a case in point as 1,378 families will lose between £8 and £24 a week. If they try to follow the Government’s advice and move within the housing stock, they will encounter difficulties, especially if they try to move into the private sector. People wanting to move within the stock in Gwynedd will face competition from the tourism industry, which has proper needs that should be addressed by the local housing stock. In the city of Bangor, the people wanting to move will be competing with many thousands of students. What are they looking for? They are looking for one-bedroom or two-bedroom properties—for small places. Those will be the local effects stemming from this change.
The Government say, of course, that people could find work. Average incomes in my area are £15,000 a year, and I have no idea how people are going to find the £700 to pay this penalty when they are not able to move. I do not think that the Government have thought that through; and if they have thought it through, they do not care. I can tell the Minister that it is not just a matter of taking up a few hours of extra work serving in a shop or working in a care home. Taking more work is not a possibility when hundreds of people are chasing every job, and when disabled people always come at the end of the queue when the jobs are being handed out.
Perhaps we should be charitable to the Government. They say that they are introducing this change to improve occupancy, and—as the Under-Secretary of State for Wales, the hon. Member for Preseli Pembrokeshire (Stephen Crabb), said this morning—to alleviate homelessness. However, there are currently 19,000 homeless people in Wales, and I think that this measure will merely add to that total. Some people will say, “We will pay.” Some will say, “We will do without, and we will pay.” Some will be forced to say, “There is nothing left to do without, and we will not be able to pay.”
It seems that it is up to me, as a mere Welsh nationalist, to draw the Government’s attention to the English saying “An Englishman’s home is his castle.” They assail that castle at their peril.
The Parliamentary Under-Secretary of State for Work and Pensions (Esther McVey)
I thank Members on both sides of the House for their valuable contributions to this important debate. It is good to have an opportunity to respond to a number of the points that were raised, and also to correct some inaccuracies.
Having listened to the whole debate, I know that there are some issues on which we all agree. Consensus is an important point at which to start, because we are all looking for a solution to a problem that the coalition Government have been handed, so I will begin by listing the facts on which we are agreed.
There is a considerable lack of social homes, because very few have been built in recent years. The Secretary of State has referred to a complete collapse in the building of social housing under the last Government. Housing benefit has doubled in the last 10 years. We all agree that we will have to manage the bill for that, but how are we going to deal with it? How are we going to find a solution to such a large problem? We all probably agree, too, that fairness must be at the heart of that solution: fairness to those who are in overcrowded homes, fairness to those who are under-occupying, and fairness to the taxpayer.
Let me begin, however, with the removal of discrepancies in the rented sector between those who are privately renting and those who are socially renting. An arrangement whereby people living next door to each other are renting under different systems is innately unfair, and must be addressed. I think all Members will be pleased to hear that I shall be taking Labour’s lead in this instance. Labour introduced the local housing allowance for private sector tenants who did not receive housing benefit for a spare bedroom, which seems a good point at which to start. We are doing the same, in that we are introducing equality in the system for everyone who is renting.
The second issue that we must tackle is the problem of people who are living in overcrowded accommodation. As my hon. Friend the Minister of State said, a quarter of a million people are in that position. My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), my right hon. Friend the Member for Wokingham (Mr Redwood) and my hon. Friend the Member for Battersea (Jane Ellison) also mentioned those people, but Opposition Members refused to discuss them.
We also all agree that we are talking about family homes. They are not just houses; people have lived in them. That is why we have exempted those who are above the state pension credit age. We recognise that pensioners would be particularly affected by these changes. My hon. Friend the Member for City of Chester (Stephen Mosley) reminded Labour Members what they had repeated time and again. They must get a grip of the housing benefit bill. They never managed to do that in government, but they must do it if they are to be even a credible Opposition.
My hon. Friend the Member for Battersea made a very important point. When Opposition Members said that they would vote against the measure because they disagreed with it, she challenged them by asking whether they would reverse it and put that in their manifesto. Silence came from the Opposition Benches.
On discretionary housing payments, many Members raised specific issues and complex cases. Specific groups were identified, such as foster carers and people who live in houses with major disability adaptations. Rather than central Government defining exactly what should happen in every case, we have allocated the money we think is needed and given it to local authorities so they can respond on a case-by-case basis. Such local discretion is right. We might think that many different individuals should be exempt, but it would be impossible to write that into regulations and statutory instruments. That is why we have allocated discretionary housing payments of £60 million this year and £155 million next year to local authorities.
In the past, discretionary payments have been seen as a temporary fix for a short-term problem. However, under the new system these new payments can be for the long term, because some situations will not change, and if someone lives in a house that has been substantially adapted, they will need to keep it.
We have debated this subject for over six hours and many inaccurate things were said and many questions were raised and remained unanswered, so I will canter through quite a few of them. The hon. Member for Dundee East (Stewart Hosie) asked about children at university. Children absent at college are covered by the normal rates of absences and will not be affected if they are returning for holidays. My hon. Friend the Member for Leeds North West (Greg Mulholland) asked whether people can apply ahead of their need arising. They can: they can apply for these payments now, although, obviously, they will not be paid until the payment is needed.
The hon. Members for Dundee East and for Strangford (Jim Shannon) asked about people with a disability who need an overnight carer. Obviously, they are exempt, regardless of whether they need an overnight carer all the time or just occasionally. Again, Opposition Members got their facts wrong.
The hon. Member for Dumfries and Galloway (Mr Brown) questioned the number of spare bedrooms. There are 1 million spare bedrooms in properties occupied by working-age people alone, so that does not include pensioners. The hon. Member for Glasgow North (Ann McKechin) asked why Lord Freud could not attend a meeting. He could not do so because he was involved in a debate in the other place. However, I am happy to confirm that he will make that visit very soon. That is being arranged with the Secretary of State.
The hon. Member for Westminster North (Ms Buck) said that if people are moving around, this policy will not save any money. That is incorrect. She is not taking account of the previous circumstances of the people who will be moving into the vacated properties. [Interruption.] They may have been in more expensive private or temporary accommodation, so this dynamic benefit will save money. [Interruption.] Opposition Members are perpetuating inaccurate myths. [Interruption.]
Mr Speaker
Order. The hon. Member for Denton and Reddish (Andrew Gwynne) is shouting more loudly at the Minister than I shouted for Arsenal at the Emirates last Saturday. It really will not do.
Esther McVey
The hon. Member for Swansea West (Geraint Davies) talked about under-occupancy among homeowners and asked what we are doing about that. The Government support homeowners taking in a lodger if they wish, just as we do for people in social housing. There will be a £4,250 income tax exemption should somebody want to take in a lodger.
The hon. Member for Brighton, Pavilion (Caroline Lucas) talked about borrowing more money. We cannot keep on borrowing. That is what got us into this situation. We need to stop borrowing and start living within our means.
Let me finish dealing with the questions that were raised. Many hon. Members asked about the cost of moving—
Pete Wishart
claimed to move the closure (Standing Order No. 36).
Question put forthwith, That the Question be now put.
Question agreed to.
Main Question accordingly put.
The House proceeded to a Division.
Mr Deputy Speaker (Mr Lindsay Hoyle)
I ask the Serjeant at Arms to investigate the delay in the No Lobby.
Business without Debate
(11 years, 9 months ago)
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Financial Services and Markets
(11 years, 9 months ago)
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The Financial Secretary to the Treasury (Greg Clark)
I beg to move,
That the draft Bank of England Act 1998 (Macro-prudential Measures) Order 2013, which was laid before this House on 24 January, be approved.
One of the most significant failings of the previous system for regulating financial services was the lack of clear responsibility for financial stability. It has been all too easy for the identification and management of risks to financial stability to fall in the cracks between what those organisations believed were their respective roles in protecting and promoting stability in the financial sector. That confusion was a key contributing factor to the emergence of the financial crisis in 2007. None of the institutions involved was effectively horizon-scanning to identify macro-prudential risks to stability across the financial system.
In the light of those failings, the Bank of England Act 1998, as amended by the Financial Services Act 2012, gave the Bank of England clear responsibility for financial stability. To support that objective, the Act creates a new committee of the Bank, the Financial Policy Committee, with the role of identifying, monitoring and managing systemic risks to the UK financial system. In order to carry out that role, the FPC will need macro-prudential measures to mitigate the risks to stability it identifies. The FPC will act through the regulators, which work directly with financial institutions.
The FPC will do that in two ways: first, through recommendations, which can be made to the regulators, to industry, to the Treasury, within the Bank and to other persons; and, secondly, through directions that can be given to the Prudential Regulatory Authority and the Financial Conduct Authority. The FPC’s direction power is governed by the measures set out in the order before the House. The regulators must comply with a direction, but they will have discretion over its timing and implementation method.
Before discussing the measures that will be granted to the FPC, it is worth noting that there is an international consensus on the need for macro-prudential regulation. International regulations such as Basel III and the capital requirements directive IV go some way towards establishing minimum standards while retaining room for national discretion, although areas such as the leverage ratio remain under discussion. The UK strongly supports the ability of national supervisors to exercise discretion where appropriate.
In February 2011 the Government and the Bank established an interim FPC to undertake, as far as possible, the work of the statutory FPC ahead of the passing of the relevant legislation. One of the tasks set for the interim FPC was to analyse and recommend macro-prudential measures over which the statutory FPC would have direction-making powers.
Mr Andrew Tyrie (Chichester) (Con)
The Minister has just mentioned the leverage ratio. There are two crucial issues: first, the leverage ratio should be firmly in the hands of the FPC, not the Government; and, secondly, the UK should be able to act unilaterally, rather than necessarily having to wait indefinitely for international agreement—we should not move at the speed of the slowest. Indeed, the United States demonstrates how necessary that is. Does the Minister agree with that sentiment and, if so, why is that not reflected in what he is announcing today?
Greg Clark
As my hon. Friend knows, that has been a matter of much debate in the Treasury Committee and the Banking Commission, both of which he chairs. It is appropriate to have regard to the international debate on this. There is a difference between the debate on the leverage ratio and the two other tools that we will move on to talk about, the sectoral capital requirements and the counter-cyclical buffer, over which, it has been established internationally, there should be domestic discretion. We are not at that stage with the leverage ratio, as he will know, but I can certainly confirm to the House that the Government’s intention is to provide the FPC with a time-varying leverage ratio by 2018, subject to a review by the European Banking Authority, which is planned for 2017.
Chris Leslie (Nottingham East) (Lab/Co-op)
I am intrigued by the Minister’s 2018 commitment, but would it not make good and prudent legislative sense to take the opportunity in the draft Financial Services (Banking Reform) Bill, which will arrive in the House imminently, to insert provisions that would allow the leverage ratio to be triggered sooner if there is a delay in the international discussions?
Greg Clark
We do not expect such a delay. The discussions are continuing and are live, as we know, so we do not expect to need that, but of course it is open to the House as it debates the Bill, presumably at some length, to keep that under review as the discussions progress.
The statutory instrument we are debating today relates specifically to the ability to set sectoral capital requirements. I will deal with that tool first before briefly covering the others. The interim FPC recommended that the statutory FPC should have a power of direction to vary financial institutions’ capital requirements against exposures to specific sectors over time. It argued that the over-exuberance that precedes crises often begins in specific sectors before spreading further. The Government agree that this targeted approach would allow these risks to be managed more effectively and proportionately than raising capital requirements more generally. The FPC has stated that it would wish to avoid what it terms an
“overly activist, fine-tuning approach”,
which should limit this risk. However, there may be times when using the tools in a granular way may be necessary, so the Government will keep the use of this tool under review to ensure that it is being used effectively and proportionately. There is also a risk that imposing sector-specific requirements could displace excessive risk into other sectors, so the FPC will need to monitor carefully the impact of any policy interventions using this tool and perhaps consider adjusting more general capital requirements if displacement turns out to be a significant problem.
I should take this opportunity to bring to the House’s attention the one change that the Government have made to the order following the consultation that we undertook on the draft version that was made available for that purpose. The current order excludes investment firms that are not regulated by the PRA from the FPC’s power. This will ensure that systemically important firms are captured while smaller firms that are not systemically important will not be subject to additional requirements.
Let me discuss briefly the other macro-prudential tools that the Government intend to give the FPC: the role of setting the UK’s counter-cyclical capital buffer; and, as we have briefly discussed, the power to intervene to limit leverage ratios. These are not covered by the draft order, but it might be useful if I provide a bit of context to the debate. The counter-cyclical capital buffer is part of the Basel III agreement, and it will be implemented in Europe by the capital requirements directive, commonly known as CRD 4. The directive aims to ensure that banking sector capital requirements take account of the macro-financial environment in which banks operate. It will be deployed by national jurisdictions when excess aggregate credit growth is judged to be associated with a build-up of system-wide risk to ensure that the banking system has a buffer of capital to protect it against future losses. Banks, building societies and larger investment firms will be required to build up capital during upturns. This will help to increase the resilience of the financial system and might also dampen the credit cycle. Unwinding these requirements in the downturn once the threat has passed might help to mitigate contractions in the supply of lending.
It is clear that with its macro-prudential focus, the FPC will be the body best placed to determine the level of the counter-cyclical capital buffer. This was supported by the results of the Government’s consultation. As the counter-cyclical capital buffer is expected to be provided for in CRD 4, on which discussions are continuing, the simplest way to incorporate it into UK law is via regulations made under section 2(2) of the European Communities Act 1972 to transpose into UK law the provisions of CRD 4 which relate to the counter-cyclical capital buffer.
It is vital that the FPC’s decisions in relation to the counter-cyclical capital buffer should be subject to comparable procedural and reporting requirements to the FPC’s other tools. Therefore, in addition to the requirements imposed by the EU legislation, the Government intend to ensure that the counter-cyclical capital buffer will be subject to the same transparency requirements as other FPC decisions, with a summary of the FPC’s discussions when taking decisions on the buffer set out in the FPC’s meeting records, and the FPC’s use of the buffer covered in the biannual financial stability report. The Government will make any necessary changes to achieve this in the regulations that incorporate CRD 4 into UK law.
The interim FPC recommended that the statutory FPC should have a power of direction to set and vary a minimum leverage ratio. The Government think that a leverage ratio could indeed be a useful macro-prudential tool for the FPC. The unweighted nature of the measure would guard against risk weights underestimating the true riskiness of assets and provide a directly comparable figure across firms. Firms’ leverage ratios were a useful indicator of failure during the last crisis, and the period immediately preceding the crisis was characterised by sharp increases in leverage. The Government strongly support the inclusion of a backstop leverage ratio in the EU prudential toolkit and consider it an essential measure to ensure that leverage remains at sustainable levels. It is clear that there is some way to go, but the review in 2017 will address that, and it will not be implemented across the EU until 2018, so we have some time to consider it.
Greg Clark
The discussions on those need to proceed separately—I think that the Financial Services (Banking Reform) Bill Committee will have some vigorous discussions—but the order relates solely to the sectoral requirements.
The Government will, of course, be able to add to the suite of macro-prudential tools in the future by further order, subject to the approval of this House and the other place. At the moment, we believe that the measures I have described are appropriate and sufficient starting points for the FPC. The Government expect the tool kit to adapt and evolve as the international debate and academic literature on the subject develops and empirical experience becomes more widely available. We expect the FPC to make recommendations to the Treasury if its macro-prudential measures require amendments or the addition of new measures is required. I hope that my explanation has been helpful.
Chris Leslie (Nottingham East) (Lab/Co-op)
The jargon in this order may deter not just members of the public but—dare I say it?—hon. Members from rolling up their sleeves and getting involved in this debate. I contend, however, that, in layman’s turns, the order involves an incredibly important set of issues. We are talking about giving the regulators of the unelected Bank of England’s Financial Policy Committee incredible powers that will enable them to tell people the level of deposit required for their home loan purchase and, potentially at a moment’s notice, that minimum repayments on their credit cards will need to rise from, for example, 2% to 5%. They will also be able to tell businesses that loans and overdrafts that they may have already arranged with their banks are no longer feasible. We are talking about the significant potential impacts that macro-prudential policy making could have downstream on the economy and consumers. As we have said many times, although prudential regulatory theory is fine—it is difficult to disagree with the concept—the practical reality and serious questions about how it will work merit consideration.
We support the creation of the FPC at the Bank of England. An important lesson from the global financial crisis is that we need better systemic oversight, not just firm-by-firm regulation. We have to see the wood for the trees. However, as was said last year during the passage of the Financial Services Act 2012, questions linger about the FPC’s accountability and the rationale behind the choices it will make. Asking very clever people to gaze into a crystal ball and predict the economic future is a big thing for Parliament to do. We are asking them to improve their foresight when most people find it easier to draw conclusions in hindsight. There is, therefore, a lot of responsibility on the shoulders of the Bank of England and, of course, this provides a perfect vehicle for it to be landed with the blame by politicians if things go wrong. Members of the FPC will no doubt be well aware of those responsibilities.
As the Minister has said, the order is relatively straightforward. It gives the Prudential Regulation Authority, which is an arm of the Bank of England, the power to make banks and investment firms increase their capital holdings—in other words, their additional own funds—in relation to their exposure to residential property, commercial property or the financial sector. It will also give the PRA the power to make those banks and investment firms treat exposures to other financial services companies, residential property or commercial property as riskier ventures than they might otherwise have done—in other words, to raise the risk weightings on those holdings.
It was interesting to hear the Minister say that, after the consultation, the Government changed things so that the PRA-regulated firms would be those that are systemically important. That throws up a question that has just occurred to me. I had assumed that all residential mortgage loans and commercial transactions would be affected by a turn of the dial by the FPC. As it turns out, the Minister is saying that only transactions undertaken by systemically important organisations or the larger banks will be affected. Will he tell the House what proportion of residential and commercial transactions will not be affected if the FPC decides to adjust the availability of finance in those sectors or the capital requirements affecting those sectors? I assume that the vast majority of the firms in those markets are systemically important, but it would be interesting if the Minister gave a breakdown. If he cannot tonight, I would be happy if his team wrote to me on that issue.
There are other macro-prudential tools. The Minister mentioned the counter-cyclical capital buffer. That is part of the Basel III requirements which will be implemented through European directives and so forth. I want to ask him about some of the other macro-prudential tools that were discussed in a long document by the FPC.
I am pretty sure that the Minister is saying that, by and large, the sectoral capital requirements are those that are dealt with in the order, but I am not entirely clear about that. If one wanted to be very theoretical about macro-prudential policy, one could argue that history shows, whether through the South Sea bubble or the tulip boom, what has happened to various sectors that nobody predicted would become overheated. I do not necessarily see all sectors coming under the potential purview of the FPC. I assume that the Government would simply vest the FPC with other sectoral issues if they felt that there were emerging pressures or credit bubbles in other sectors. It does not seem that the Minister is today allowing the FPC to intervene across the whole landscape.
The hon. Member for Chichester (Mr Tyrie), who chairs the Treasury Committee, rightly asked about the leverage ratio. I am surprised that the Minister wants to wait until 2018 for that. He says that he hopes there will not be slippage, but he has been around the European policy-making circuit for long enough to realise that a commitment to do something in 2018 means that it may well not materialise until 2022 or even later. One just has to look at the solvency II discussions, which seem to be generational. I regret that the Government seem reluctant to take a British approach to regulating on the leverage ratio. I do not think that we should simply wait for Europe to determine such matters for us. It would be better if the Minister gave a commitment that he would at least consider including in the Financial Services (Banking Reform) Bill the recommendations of the Parliamentary Commission on Banking Standards on giving the FPC the right to get into some of the leverage ratio questions.
I have a number of other points that I want to ask the Minister about briefly. On the enforcement of prudential regulation, will he elaborate on the penalties or disciplinary steps that the regulator will have at its disposal if an investment firm or bank contravenes the imposed requirements of the FPC? If we have a body that is making policy, we must ask how it will be enforced. So far, a lot of the penalties in the Financial Services (Banking Reform) Bill seem to involve an individual seeking redress through the civil courts, which seems quite weak. What will happen if a bank steps across a line?
Members will recall the debate that we had during the passage of the Financial Services Act 2012 on the stability rules that the Government originally proposed to give to the Bank of England. They wanted to emphasise stability, which of course is vital, but they left out the importance of getting the economy growing and creating jobs, especially when times are tough or when there is a deflationary environment. Eventually, the Chancellor of the Exchequer was forced to relent and an amendment was inserted in the House of Lords to ensure that the FPC has regard to the economic objectives of Government policy.
Are we in danger of repeating the same lopsidedness in the regulations, or of an asymmetrical approach to attempts to control the heat of the economy? The measures in the order specify that banks must hold “additional” funds if lending to households or businesses, with a view to slowing things down and taking the heat out of the economy. That, of course, is a necessary part of the toolkit, but what happens if things slow down too much and the economy needs more lending to businesses and households, or more inter-bank and financial services mutual investment? The order does not seem to contain corresponding or parallel powers to dial things down, relieve capital requirements or remove “additional own funds” provisions if they prove in retrospect to have gone too far. Is that a problem with the order? Should not the power be symmetrical? I would be grateful if the Minister would consider that point.
On enforcement, are there dangers and risks of gaming in sectoral capital requirements? If we draw up operational targets that focus on the means rather than the ends, will the Minister assure the House that some of the specific requirements on residential or commercial investment cannot be evaded by twisting definitions, deliberate misinterpretation or gaming? I gather that that point came up at the Treasury Committee last year and there are important concerns.
Will the Minister update the House on the latest information about who will make decisions on the loan-to-value and loan-to-income ratios on mortgages? There was a bit of pass the parcel between the FPC Committee and the Treasury last year when it came to mortgage regulation. The Treasury wanted the Bank of England to do the deed, but the Bank said it was a political decision and wanted Ministers to make decisions restricting LTV ratios. Will the Minister say where things currently stand, because such things do matter? As Adrian Coles from the Building Societies Association has rightly said, a change to the loan-to-value ratio may not matter much to those wanting to get a foot on the property ladder who have already got access to deep pockets or the bank of mum and dad, as it is known, but rapid decisions to increase the amount of deposit a home buyer needs will hit the least well off in society. Who will decide those things—the Treasury or the FPC?
My final two points are on geographical regulation and business lending. Will the sectoral powers be available for the Bank of England to use area by area, region by region, and locality by locality? In other words, will the Bank be able, or is it seeking, to take heat out of certain geographical housing markets and not others? I do not advocate this, but if it so wished could the Bank use these powers to make it harder to buy a house in London than in Cornwall, or vice versa? Will the Minister clarify how specific—or area-specific—the Bank can be with these powers?
Lending to small and medium-sized enterprises has fallen off and is still doing so. The funding for lending scheme was supposed to change that but its rules are skewed towards residential lending rather than business lending. Is the order to be seen in parallel with that scheme, and can the scheme be reformed to favour business lending? Will the Chancellor consider those issues in the Budget?
Transparency and the openness of the FPC must be considered and many, including the Council of Mortgage Lenders, have said that we need proper analysis by the FPC about what it is doing and an explanation of why it is using its powers. A narrative requirement on the FPC is a reasonable request, so will the Minister explain why that is not in the order?
The Opposition support these general powers but we hope for refinements and improved accountability in the enactment of some of these tools. We want Parliament to have better scrutiny of these measures and for the Treasury to ensure that when the tools are granted, whether or not that is in the next wave or regulations or legislation, the Treasury Committee and others will have a better opportunity for proper oversight of how the Bank of England is exercising these considerable powers.
Mr George Mudie (Leeds East) (Lab)
I rise to put two points to the House. First, I object to the statutory instrument on a matter of principle, which I will outline. Secondly, I want to ask the Minister why he included residential property among the first prudential tools. Some of the tools make sense—including commercial, and, obviously, investment and financial services—but the residential property one does not.
Specifically, I object to how we are dealing with discussion, debate and decisions on the macro-prudential tools. I have constantly raised the matter in the Treasury Committee and the Independent Commission on Banking, and I have raised it on the Floor of the House with the Chancellor. As my hon. Friend the Member for Nottingham East (Chris Leslie) said, these can be seen as boring matters, but it is accepted that they could lead to decisions that affect the standard of living of many of our constituents; affect the future of industries such as the construction industry; and affect the economy. The decisions will be taken by non-elected individuals and tonight appears to be the House’s only opportunity to debate and challenge the measures.
The matter is being dealt with by statutory instrument. In other words, we have 90 minutes to discuss the measures and cannot amend them. We can only vote against the whole measure if we disagree with it or feel strongly about any part of it. The measures are proposed by the Government. If Opposition Members have strong feelings, they have only one chance to influence the decision, and they must turn down the whole order. That is a nonsensical procedure.
I have raised the matter with the Chancellor of the Exchequer in the Chamber. He indicated that he understood the measure’s sensitivity and importance and that he had an open mind. He accepted that the usual channels would deal with it. I pay tribute to him for placing the order on the Chamber’s agenda rather than dealing with it upstairs in Committee in the normal way. That is a step forward. The FPC is made up of unelected individuals, but they set policy, so the statutory instrument is a pretty disgraceful way to deal with the matter. Statutory instruments and secondary legislation are not supposed to deal with policy or principle—they deal with measures that need to be adjusted as time passes. They are not a way to decide things of such importance.
The Treasury Committee raised the matter with the Minister when they discussed macro-economics. He seemed to accept what we said and I have a quote if he challenges me. However, his approach to the question—sadly, because he is a well regarded Minister—was this: “We’ve appointed these individuals and should not second-guess them.” That is a recipe for disaster.
The Treasury Committee yesterday heard evidence from the Monetary Policy Committee, including officers and non-executives from the Bank of England. It was a hairy meeting, because those individuals take decisions, but there was no sign that the battle of inflation is definitely winning the argument against the battle for growth. If we read the words of the former Chancellor, my right hon. Friend the Member for Edinburgh South West (Mr Darling), and see the present Chancellor, we can see the difficulty they have had in getting so-called independent bodies to accept the sensitivity of some of their decisions. It is an impossible task. The bodies shelter under their independence. Both Chancellors have experienced this, and if they want bodies to do something they feel is necessary, the issue of independence is thrown back in their face: “You gave us independence and therefore you should not interfere”. I am worried about this issue, which is why I am taking the opportunity to put it on the record.
On residential matters, to which my hon. Friend the Member for Nottingham East referred, one of the macro-prudential tools discussed in the Financial Policy Committee and dropped was loan-to-value mortgages. Most of us were pleased when that was dropped, but it was a runner and was being discussed in Financial Services Authority circles for some 18 months. I am certain, from watching the industry, that that had a great effect on the industry’s decisions—it was trying to second-guess the FSA. The business of 90% and 80% mortgages had a devastating effect on individuals and couples who were trying to buy a house and begin family life. They were unable to take that step because the regulator was signalling to the regulated that they should be going in the direction of 90% and 80% at a time when the economy was dying for the construction industry to pick up and start building houses, which would have had a roll-on effect of people buying carpets, furniture, curtains and so on. The regulator was conditioning the decisions and behaviour of the regulated—it is that sensitive.
On a higher level, we are going through this business with the Monetary Policy Committee. As someone said—maybe in a crowded House this might have an effect—when an individual or a couple cannot get a mortgage, they do not blame the building society. When the building societies say it is the Monetary Policy Committee, they come to see us and we say it is the Monetary Policy Committee. The ordinary person in the street will ask, “Who set up the Monetary Policy Committee? Who is it answerable to?” It is answerable to us, but it is not really answerable to us because there is no real opportunity to make things happen. A yearly remit from the Chancellor is hardly a procedure for democratic accountability, and we are prevented from dealing with these matters on the Floor of the House in order to indicate our displeasure and unhappiness. I see the Treasurer of Her Majesty’s Household, the right hon. Member for Uxbridge and South Ruislip (Mr Randall), a very prominent member of the usual channels sitting in the Chamber. I hope he is listening to this debate and gets people to think about it.
I want to ask the Minister why on earth residential property was placed in the initial order. This is 2013. The Minister is as anxious as I am—probably more than I am—to see houses being built and sold and the whole procedure started. There is no question of any systemic risk in the foreseeable future. Even when the problems were at their worst, there was no systemic risk, just an industry with problems. I accept that some banks that had over-extended on their loans had real problems. I accept the point about the commercial side and the likes of RBS and HBOS—it was on a greater scale and of greater concern than on the residential side—and the point about investment and financial houses. However, for the MPC to start worrying—in shades of the FSA—about systemic risk in the construction industry spreads unnecessary alarm.
Mr Mudie
I see the Minister nodding. I am sure that he will explain, but that is the sort of thing I am talking about. If the loan-to-value ratio had been in this statutory instrument—if the interim FPC had stuck at it—I think this place would have been full and the Minister would have had little choice but to allow the thing through. None of us could have tabled an amendment stating how important it was that the rest of it went through; as politicians and constituency MPs, we would have had to vote against the whole thing to prevent it from happening. I hope that the Minister will consider both those issues.
Greg Clark
Let me respond to the points made by the hon. Members for Nottingham East (Chris Leslie) and for Leeds East (Mr Mudie). They made some thoughtful points about the House’s ability to scrutinise the powers that will be available to the FPC, particularly those relating to residential mortgages. Their comments went to the heart of the dilemma behind the setting up of these institutions and powers. The purpose of macro-prudential policy is—to adopt the analogy often used—to take the punch bowl away from the party just when the guests are getting over-exuberant. For the first time, there will be a group of people with the explicit task of monitoring conditions and taking a considered view of what is in the interests of financial stability but which might not be at the forefront of the minds of the people participating, either as practitioners, commercial players or politicians.
The hon. Member for Nottingham East acknowledged the consensus on the need to set up these institutions of macro-prudential policy, but that does not take away from the fact that their establishment is designed deliberately to introduce a necessary tension into the debates. The question arises, then, of whether these powers can be exercised appropriately—for example, whether the House has appropriate scrutiny and discretion over them.
One reason why we have initially given the FPC a minimal—I think he will agree—set of powers through a statutory instrument being debated on the Floor of the House is that these things should be properly scrutinised. We timed this debate so that it could follow the hearing of the Treasury Select Committee, of which the hon. Member for Leeds East is a member and which has considered this matter in recent days. Our intention is that these things should be properly scrutinised and well considered. It is for the Government to bring forward proposals about what the tools should be. Future proposals will be put before the House, and Ministers will be accountable to the Committee and the House. Indeed, the statutory instrument is available for debate. As the hon. Members would acknowledge, we have not loaded it with so many different provisions as to give the House a Hobson’s choice.
Mr Mudie
As a member of the Treasury Committee, I hear it said all the time that we have the ability to scrutinise, and that people are accountable to us. That carries little weight with me; it does not impress me. This is ultimately a question of who takes the decisions when a Minister or a Chancellor—such as the last Chancellor—going through a crisis meets an unelected Governor and asks him to do something in the interests of the economy and the future of the country, and the Governor says no. That is what we are talking about.
Greg Clark
Let me go on to describe some of the other elements involved. I said that we had committed to bringing to the House particular measures that could be debated. The hon. Gentleman has anticipated one such possibility. He was correct in suggesting that, if we had been proposing a power over the loan-to-value rate, the House would have been substantially more occupied than it is at the moment, that such a matter would engage Members and that there would have been a fuller debate on the matter. However, this is not the only mechanism by which scrutiny can take place.
The secondary objective of the Financial Policy Committee has been mentioned. Through the scrutiny of the House and of the hon. Gentleman’s Committee, that objective has been set up, and it means that the FPC’s duty to support the court of the Bank of England in achieving its financial stability objective is subject to supporting the policy of Her Majesty’s Government, including their objectives for growth and employment. That is significant. That power is there for a reason, and we expect it to be used. It requires the Chancellor of the day to write annually to the FPC to set out what he expects it to have regard to in making its decisions. The House will have the ability through that mechanism to scrutinise and take a view on whether Ministers—in this case, the Chancellor—are giving the right directions to the Committee in terms of what it should understand the Government’s economic objectives to be. I believe that the mention of growth and employment will address one of the concerns that has been raised.
It is worth noting that the measures we are talking about relate to peacetime; they are not for use in a crisis. The Chancellor will retain the ability to give directions to the Bank in a time of financial crisis, for example, when that is in the public interest. The measures before us are for use in the normal course of events.
There will also be a requirement on the FPC to account for its decisions. It will appear before the Treasury Committee after it has held its meetings and published its reports, and it will have to explain the basis of its recommendations and directions. It has made a commitment to setting out in advance the types of indicators that it will bring to bear on those questions, so there will be no arbitrary use of discretionary powers. The committee will seek to be predictable in regard to the types of instrument that it will use.
On the format of statutory instruments, the parliamentary Delegated Powers and Regulatory Reform Committee will take a view on whether the choice of procedure is appropriate. I think that the hon. Gentleman will approve of the fact that the affirmative resolution procedure is to be used in these circumstances.
Let me address the hon. Gentleman’s point about residential property, which is of course a matter of interest to our constituents. It has been pointed out that all these matters have a bearing on our constituents. I think he would acknowledge that any review of the recent financial crisis—and, indeed, of financial crises around the world—would note that housing bubbles are often associated with the kind of over-exuberance and excess that contributes to financial instability, which the arrangements that we have in place are designed to address. It is appropriate for the powers to be there. These sectors have been debated at the European level, and this is one of a limited number of sectors for which it is anticipated that the national regulators should have a sectoral power.
I think it important to note that the power to make recommendations and give directions is available to the FPC, but that there is no requirement that it should get in the business of micro-managing these sectors. It seems to make sense, on the basis of history, for this initial set of sectors to be included. The powers are there, as I say, but there has been some debate about whether they should be more specific in respect of loan-to-value powers, which is not part of the proposals. It is no part of the Government’s purpose, as the hon. Gentleman rightly anticipates, to prevent what we hope will be an increase in home ownership and house building as a result of the order.
Let me deal with some points raised by the hon. Member for Nottingham East. He forcefully made the point that we need an explanation from the Financial Policy Committee of why it is using its powers. This should not take place in a vacuum or in secret. I completely agree, and this is provided for in the Financial Services Act, as the hon. Gentleman, a veteran of the Committee, knows. Section 9S requires the FPC to give an explanation of the reasons for its use of direction powers, and the explanation needs to be published in the financial stability report and it needs to account to Parliament for its use of the powers.
Let me pick up one of the hon. Gentleman’s earlier points, which was not quite right. He mentioned credit card repayments, for example. The powers provided for in the statutory instrument do not go into that level of detail, and the FPC will not have those powers and they are certainly not in this order—and neither are the loan-to-value powers available.
The secondary objective addresses the hon. Gentleman’s point about the necessary symmetry of these arrangements. Macro-prudential regulation is certainly about damping down excessive exuberance when it takes place, but on the other side of the cycle, by retreating from some of the provisions by varying requirements downwards, it also has the power to reverse the dampening of those sectors.
Chris Leslie
I am sorry, but as I read the order, I note that it says that UK firms can be required to maintain “additional” funds, but there seems to be no provision to dial it down the other way. Have I misread the order?
Greg Clark
What I am referring to is the fact that if the requirements have been dialled up, they can be dialled down. That will be required. The fact that they are time varying precisely reflects the different conditions that will apply from time to time.
The hon. Gentleman mentioned the exemption for small firms, and he was quite right to raise the issue of what proportion of mortgages might be covered. To be clear— when he sees my remarks, he will be clear—the exemption applies to small investment firms. It is still the case that all deposit takers and banks, including building societies, will be within the scope of the power. That contribution will be recognised.
As to whether we should take the power—either through the order or, more likely, through the Banking Reform Bill or previous legislation on the leverage ratio, which is a live issue—it is already possible by order under the Financial Services Act to make provisions to vary the leverage ratio. Such an order would, of course, be subject to prior parliamentary approval. There is no requirement for additional primary legislation; the powers will be there at the time we expect to bring the provisions into force.
The hon. Gentleman asked about the penalties for contravening the views of the Financial Policy Committee. The committee makes recommendations to the regulators, and it is the regulators—the PRA and the FCA—who are responsible for implementing them. The hon. Gentleman will know—again, from the Financial Services Act—that considerable powers are available to the FCA and the PRA, in the form of regulatory sanctions, constrictions on firms’ activities, and unlimited fines. That is why the sector regulators have the powers of direction.
The hon. Gentleman raised a geographical point, asking whether the sectoral powers could be used to specify a particular area. The answer is that they could, if there were evidence of a particular problem in a particular area. However, as he will recall, there is a general requirement for the FPC to act proportionately, and one of the principles that has been agreed is that it should not become involved in the micro-management of these matters or in close detail. I consider it unlikely that it would make recommendations on a narrow geographical basis.
I hope that I have responded adequately to the points that have been made this evening. I gather from the Whips that I may have done so to the satisfaction of the House, and I hope that it will agree to the recommendations.
Question put and agreed to.
Resolved,
That the draft Bank of England Act 1998 (Macro-prudential Measures) Order 2013, which was laid before this House on 24 January, be approved.
Business without Debate
(11 years, 9 months ago)
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Delegated Legislation
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Mr Deputy Speaker (Mr Lindsay Hoyle)
With the leave of the House, we shall take motions 5 to 11 together.
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Pensions
That the draft National Employment Savings Trust (Amendment) Order 2013, which was laid before this House on 15 January, be approved.
Local Government
That the draft East Hertfordshire and Stevenage (Boundary Change) Order 2013, which was laid before this House on 22 January, be approved.
That the draft Gateshead and Northumberland (Boundary Change) Order 2013, which was laid before this House on 22 January, be approved.
Financial Services and Markets
That the draft Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2013, which was laid before this House on 28 January, be approved.
That the draft Financial Services Act 2012 (Consequential Amendments) Order 2013, which was laid before this House on 28 January, be approved.
That the draft Financial Services Act 2012 (Misleading Statements and Impressions) Order 2013, which was laid before this House on 28 January, be approved.
Companies
That the draft Uncertificated Securities (Amendment) Regulations 2013, which were laid before this House on 28 January, be approved.—(Greg Hands.)
Question agreed to.
Human Rights in India
(11 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mr Jim Cunningham (Coventry South) (Lab)
I know that there is to be a debate on this subject tomorrow.
The petition, to which there are more than 2,000 signatures, states:
The Petition of residents of Coventry and the United Kingdom,
Declares that the Petitioners believe that the UK Government should encourage the Indian Union to take immediate action to stop human rights abuses facing minorities in India and that India should sign and ratify the Rome Statute of the International Criminal Court and the UN Charter against torture and other cruel, inhumane or degrading treatment or punishment which encompasses the death penalty and thus India should abolish the death penalty as it is a cruel, inhumane or degrading form of punishment; further declares that the UK Government should campaign to stop Balwant Singh Rajoana's death sentence and have him released from jail as he has served 17 years in custody and that the Indian Union should release all political prisoners, prisoners of conscience and prisoners who have been imprisoned without trial.
The Petitioners therefore request that the House of Commons urges the Government to appeal to India for the above actions to be taken, and request that the House holds a debate on these issues and brings them to light in the European Union and United Nations.
And the Petitioners remain, etc.
[P001157]
Country of Origin Marking (Manufactured Goods)
(11 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text
Tristram Hunt (Stoke-on-Trent Central) (Lab)
You can rest easy now, Mr Deputy Speaker. After all that gobbledegook about Basel III and socially dubious uses of money, we can return to the subject of the real economy. It is a great privilege to have secured this important Adjournment debate.
The issue of countries of origin and the right of consumers to know where goods, foods and materials emanate from is particularly important at present, as we battle with the ongoing horsemeat crisis. Indeed, that scandal is a textbook example of the need for clarity of information on sourcing, but what my colleagues and I wish to address this evening is origin marking in the ceramics industry, and especially the issue of what we call bogus back-stamping—the misleading allocation of country of origin details, designed to confuse the consumer.
It is said that we can always recognise a Stokie by their feverish examination of the back-stamp on any cup, saucer, plate or bowl. I am talking about the celebrated “turnover club”, as the plate is whisked over to examine the mark of origin—although I must add that there are some etiquette issues as to when we can do that when eating out.
I am glad to say that we have some excellent Stoke ware here in the Palace of Westminster. We have Wedgwood plates, some fine Dudson cups—from the constituency of my hon. Friend the Member for Stoke-on-Trent North (Joan Walley)—and if you were to join me for a cup of tea in my office, Mr Deputy Speaker, you would find some beautiful Emma Bridgewater mugs and Portmeirion cups and saucers.
It is a source of great pride to our constituents that pottery has been thrown in Stoke-on-Trent since the late-1500s. Out of the blue and yellow North Staffs clay came butter pots and flowerpots. In the sun kilns of Bagnall and Penkhull, local artisans started to glaze their earthenware and develop a reputation for craftsmanship. In their wake came the great houses of Wedgwood, Spode, Royal Doulton and Minton, names celebrated around the world for the excellence of their craftsmanship. Stoke-on-Trent gained the title “The Potteries” as “Made in Staffordshire” became a global hallmark of excellence.
When J. B. Priestley visited Stoke-on-Trent in the mid-1930s, he was taken aback by the beauty of the bottle kilns. He wrote:
“They represent the very heart and soul of the district…unless you are prepared to take a deep and lasting interest in what happens inside those ovens, it would be better for you to take the first train anywhere.”
Today, we make a lot of other stuff in Stoke, but the good news is that, after decades of decline, the pottery industry is roaring back to life: investment is up; orders are coming in; the kilns are alight; jobs are coming back from the far east; and we are all looking forward—as is the entire nation—to a successful royal birth this summer, with attendant ceramic sales. The key to success is the quality of our artists and designers, the new plant and equipment, and the artisan skills of the work force, which means it is more important than ever that consumers are able clearly to know what they are buying.
This is the problem we face: if a mug is made in Indonesia or Thailand, it can be transported into the UK and then have the word “England” stamped on the bottom of it. Similarly, if a mug is made in Vietnam or Turkey and then finished in England, it can have “Made in England” or “Made in Britain” stamped on the bottom. That is what we call bogus back-stamping—the wrongful attribution of country of origin labelling—and it is harming jobs and investment in the UK, and especially in Stoke-on-Trent. More than that, morally, it is trading off the skills, sweat and application of generations of Stoke-on-Trent workers, who turned the “Made in Staffordshire” brand into a world-class mark of excellence.
I have no problem with goods being made abroad and finished in the UK. This is not about protectionism. In a globalised marketplace, the supply chain will often cover many different continents. Many hundreds of jobs in the ceramics industry involve production abroad and finishing in the UK, and the companies concerned are often good firms that do the right thing. However, what I and my colleagues do have a problem with is goods that are made abroad being classed as being made in Staffordshire or Stoke-on-Trent, when they are not.
The rules are very clear. As you know, Mr Deputy Speaker, European Union directive 2025/73 states that it is the so-called ”blank”—where the first firing of the ceramics takes place—that determines the origin of the ware, irrespective of subsequent processes, such as finishing, decorating or glazing. It is about the first firing, and if that takes place in Jakarta, the product is Indonesian-made and should not have “England” stamped on the bottom.
For years, UK Governments of both parties—of all parties now—have opposed the compulsory indication of the country of origin of goods. Lord Mandelson attempted to introduce such a scheme in 2005 when he was the European Union Trade Commissioner, whereby there would be mandatory country of origin marking on certain products imported from third countries.
Jim Shannon
It is a big surprise. I spoke to the hon. Gentleman before the debate and asked for his permission to intervene, and I thank him for allowing me to do so.
Mr Deputy Speaker
Order. This is an intervention so you do not need to worry about that. I was more bothered about the fact that you came into the Chamber after the hon. Member for Stoke-on-Trent Central (Tristram Hunt) had started.
Jim Shannon
I appreciate that, and you are very gracious, Mr Deputy Speaker. The hon. Gentleman has spoken eloquently about the issue in Staffordshire and England. This is a devolved matter for Northern Ireland, Scotland and Wales, but does he feel that we need a UK-wide policy and strategy, and legislative change that would include the whole United Kingdom—Great Britain and Northern Ireland—so we could fight this issue together for all these reasons?
Tristram Hunt
I am grateful for the hon. Gentleman’s intervention. This issue, be it, famously, about Scottish knitwear made in Morocco or goods unique to Northern Ireland which are made somewhere else and then passed off—
Tristram Hunt
Giant’s causeway is an excellent example, although it would be hard to make another Giant’s causeway in other parts of the world. As I will set out, this is an issue where we want central Government direction but then for things to be implemented locally. We want the push from the centre but for the approach to be rolled out to the devolved Administrations, and I agree with what the hon. Gentleman said in his intervention.
The attempt to introduce mandatory country of origin marking has not worked. After seven years of trying, it was dropped in the European Commission and I fear we will not have it back again. So I am not making a case this evening for reviving mandatory country of origin marking. Instead, I wish to make the case for focusing on those companies that are misleading consumers on country of origin claims.
Joan Walley (Stoke-on-Trent North) (Lab)
It is so important, particularly for the work force in Stoke-on-Trent, that we get some response from the Minister tonight. Does my hon. Friend agree that the real issue is that when people buy ceramics they want to be in a position to make an informed choice? Therefore, labelling is really important, as are the Consumer Protection from Unfair Trading Regulations 2008. If we are not going to go down the route of further legislation, we need proper enforcement, particularly by trading standards officers. We have seen a lack of trading standards officers because of the cuts to local government, so will the Minister therefore assure the House that the Department for Business, Innovation and Skills will give a real lead on requiring trading standards officers to take action on this issue of bogus back-stamping?
Tristram Hunt
My hon. Friend has been fighting for the ceramics industry for far longer than I have, and her achievements with Steelite, Middleport and Royal Stafford are known throughout Stoke-on-Trent. She rightly makes the case that this is about consumer rights; it is about consumers knowing that when they buy wares that are “made in Stoke-on-Trent” and “made in Staffordshire”—the finest in the world— those goods have an authenticity about where they are made.
In the last debate the House had on this issue, the hon. Member for South Staffordshire (Gavin Williamson), who is not in his place but who has a history of working in the ceramics industry, asked what country a plate made by his fictitious company “Gavin Williamson English Chinaware” might be made in. What he illustrated was just how ambiguous the current framework is when the history and tradition of English or British manufacturing is integral to the branding of certain products, whether they are actually manufactured here or not.
The potters are proud of their history and consumers want to be sure that they are purchasing the true heirs to 300 years of craftsmanship. Of course, back stamping is not a legal requirement and the absence of a back stamp usually tells us as much about an item’s origins as a stamp does. However, if a back stamp or any product labelling is applied, the Trade Descriptions Act 1968 requires these marks to be accurate indications of the
“place of manufacture, production, processing or reconditioning”
of the goods. That is where bogus back stamping comes in, undermining the “Made in Stoke-on-Trent” brand and misleading consumers. The onus lies with the trading standards authorities to weed out that practice.
Too often, Business Ministers have listened to the big retail chains and superstores as they demand cheap goods at any price and claim that any attempt to inform the consumer is protectionism. Well, it is not. It is about transparency and rebalancing the British economy; it is about honesty for the consumer, and a decent industrial strategy for the UK.
My initial ask of the Minister is for the Department for Business, Innovation and Skills to allocate some funding to secure protection for this nationally important sector, as it has for other sectors under the Trading Standards Institute—most notably and recently the money-lending industry. Secondly, I ask her to write to the Office of Fair Trading to ask it to take a close look at the issue and report to Parliament on how it is seeking to protect the branding and property rights of UK ceramics companies. I also ask her to lead by example. There are mugs in BIS with no back stamp, there are plates in British embassies that are made in Thailand, and I have found in august institutions such as the Royal Society and the Imperial War museum ceramics bedecked in the imagery of Britain but imported from abroad. If Business Ministers are serious about supporting the march of the makers, they could begin with Government procurement policy.
My hon. Friends and I are seeking from this debate a commitment from the Government to take bogus back stamping seriously; to allocate time and attention to the question; to explain to the OFT and trading standards authorities that this is a priority issue and that they have the resources to deal with it; and to support our great ceramics industry through a detailed procurement process. If the Minister does all that, my hon. Friends and I might just think about welcoming her into the “turnover club”.
The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Jo Swinson)
I am delighted to respond to the hon. Member for Stoke-on-Trent Central (Tristram Hunt) and I congratulate him not only on securing a debate on an issue that is very important for his constituency but on the passionate and humorous way in which he managed to convey the issues with a great degree of eloquence. He spoke from the heart about the importance of this fine industry and the role it can play in our nation’s heritage and our nation’s future.
It is not surprising, given that the hon. Gentleman represents the potteries area, that the ceramics industry was uppermost in his speech. Of course, it is a UK sector with a well-deserved worldwide reputation for the design and quality of its products. I can attest to that, as I was delighted to receive some when I got married two years ago. Such china makes a very fine wedding present, I must say.
Like the hon. Gentleman, the coalition Government are rightly proud of British manufacturing. I am delighted to hear the success stories of the potteries industry and, in particular, the recent improvements that mean that things are going very much in the right direction. We are clear that we want to secure and drive through growth, proclaiming what is made in Britain, invented in Britain and designed in Britain. The Department has championed that through the “Britain is Great” campaign and it is important that we champion the merits of our industries, which create so much fine produce in manufacturing.
I know that the hon. Gentleman and the other MPs from the Stoke area have recently had separate meetings with my right hon. Friend the Secretary of State and the Minister for Trade and Investment in the other place, Lord Green, to raise the issue of misleading origin marking. I hope those meetings reassured the hon. Gentleman to some degree that the Government take information for consumers seriously. Both the Secretary of State and Lord Green will write to him soon on this and other issues that he raised with them.
I agree that there is a place for country of origin labelling—that is, for positive country of origin marking, done because UK manufacturers think that is the right thing to do for themselves and for their customers. I would argue that legislation is not needed beyond the existing protections against counterfeiting and false advertisement, but that it can be done voluntarily. Of course many UK producers already do so because the companies rightly perceive a marketing benefit in being able to show that stamp of quality—hence the “turnover club”. The Government have consistently supported the use of voluntary country of origin marking, but we are cautious about adopting a legislative approach to origin labelling of manufactured goods.
The House will be aware of the Government’s concern that poorly designed regulation can be unnecessarily burdensome and complex, and duplicate requirements in other regulations, which can impose excessive and unnecessary costs on business. Introducing the debate, the hon. Gentleman stood up for businesses, so I am sure that he does not want them to face unnecessary costs either. We are trying to eliminate avoidable burdens of regulation and bureaucracy, so we will consider introducing new regulation only as the last resort. Overall, our aim is to reduce the amount of regulation, and that includes a commitment to improving and reducing the burdens imposed by European legislation.
That means we have to explore thoroughly alternatives to legislation, and in this case, I would argue that the alternative is voluntary labelling. The hon. Member for Stoke-on-Trent North (Joan Walley) asked whether, if the legislative route is not to be adopted, voluntary labelling can be properly enforced. She is right to highlight the key importance of enforcement. It is important to make it clear that because of rulings by the European Court of Justice and our single market obligations, the UK cannot unilaterally impose compulsory “Made in Britain” labelling, even if we wanted to; nor can we impose origin marking unilaterally on imports, because that would be contrary to our single market obligations.
Business can of course label if it wants, but that does not mean that such labelling is unregulated. Labelling has to be clear, accurate and not misleading to the consumer. The hon. Member for Stoke-on-Trent Central said he had a problem with claims that goods are made in Staffordshire or Stoke-on-Trent when they are not, and I wholeheartedly agree with him. Under current consumer protection regulations, it is a criminal offence to present false information and deliberately mislead consumers. The key test is whether the information encourages consumers to make a purchasing choice that they would otherwise not have made, and it includes misleading or false information on the origin of goods, however it is provided. That law exists.
The hon. Gentleman mentioned European Union directive 2025/73 and talked about origin being defined by where the initial firing takes place. That directive deals with the tariff treatment of ceramics and is therefore not strictly relevant to the Court’s judgment on consumer issues, where the key test is whether the consumer’s behaviour is affected. If it were deemed not to affect the consumer’s purchasing decisions, the information being wrong would not be deemed to be misleading.
Joan Walley
Let us imagine someone going to buy a wedding present of china: does the Minister not accept that if the impression is given that the china was made in this country and it has all the attributes of pottery made in Stoke-on-Trent, but in fact the blank was manufactured abroad, it cannot be accurately described as manufactured in this country? That is the misleading aspect. It is similar to the situation my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt) described involving beefburgers and horsemeat. In the remaining time, will the Minister stress how we can deal with disingenuous attempts to relabel an item as something other than what it actually is?
Jo Swinson
I will certainly endeavour to do so, because ensuring that existing provisions in law can be used is key to the question that the hon. Lady raises. The issue has not yet been tested in the courts in relation to origin markings. It is a broad concept, but the basic rule is that if consumers are likely to be misled in their purchasing decision, an offence is likely to have been committed.
Without commenting on specific examples, let me say that it is up to the enforcement authorities to consider whether there is any evidence of possible offences, and then it is for the courts to decide. The protection is not just for consumers—as in the example of gift buying outlined by the hon. Lady—but serves to ensure a level playing field for businesses that are honest and that give accurate information, so that they are not disadvantaged in relation to businesses that engage in deceptive practices. Local authority trading standards officers and the Office of Fair Trading are the relevant enforcement authorities in such a circumstance. The OFT’s role usually relates to matters affecting the general interests of consumers, rather than specific complaints, which are dealt with by trading standards officers. I encourage Members to ensure that any evidence of possible offences is brought to the attention of the relevant local authority, as has been alluded to.
Trading standards officers are, of course, answerable to their local authority and to local councillors. It is not the Government’s role to set local priorities for local enforcement activities, as they rightly depend on the issues arising in each area, and inevitably they will vary from authority to authority. In setting their priorities, however, local authorities must take into account the potential impact of particular behaviour not just on local consumers but on the wider well-being of the community, including the business community. Where local authority powers can be used to address matters that are having an adverse impact on a local economy with a particular concentration of businesses, it is reasonable for those matters to achieve the priority that they merit in that area.
Tristram Hunt
The Minister is making an informative speech. Does a case need to come to trading standards officers to encourage them to act, or can Members of Parliament, for example, make a generalised request to them to look into a specific sectoral complaint?
Jo Swinson
Clearly, trading standards can look where there is evidence, or where they perceive that there might be evidence of a breach. I am sure that specific cases would greatly assist them in making their inquiries more fruitful more quickly. I encourage hon. Members to speak to their local trading standards teams. I know that the council in Stoke-on-Trent is run by the hon. Gentleman’s Labour colleagues, who, I am sure, will be willing to listen attentively to his representations on the matter. I urge him to take up the matter with them, as they have powers to deal with misleading information that encourages consumers to make a different decision on product purchases. Although part of the problem is that that has not been tested, I wholeheartedly encourage the taking forward of such matters. Given the various ways that Members have of raising matters in the House, I am sure that the hon. Gentleman will not let the matter rest if he does not get satisfaction through that route.
On the issue of the misleading of consumers, it is important to understand what matters to the consumer. In a Eurobarometer survey in autumn 2010, 75% of people questioned said that origin did not affect their purchasing of textiles and clothing; for electronic products, the figure was 68%. I am not sure whether ceramics were included in that study. We need to be clear about how consumers prioritise different pieces of information in their buying behaviour: price, design, brand name and origin. In making any purchasing decision, consumers will consider a variety of such factors. Of course, it is true that some consumers are very concerned to ensure that they support British or locally made products and will want information on their origin.
I will turn briefly to the European Commission’s 2005 proposal for a regulation on compulsory labelling of imported consumer products. The Commission intends to withdraw the proposal, as I am sure the hon. Gentleman will be aware. I know that the UK’s ceramics sector has been a consistent supporter, but the Government have strong reservations, as was outlined in the Adjournment debate secured by my hon. Friend the Member for South Staffordshire (Gavin Williamson) in 2011, which other hon. Members have referred to and, indeed, participated in.
The reason the Commission gave for withdrawing the proposal was the lack of agreement in the Council and developments in the interpretation of World Trade Organisation rules that make it outdated. We expect confirmation on that in April. The proposal received a mixed response from member states. Many saw it primarily as a protectionist measure that discriminated between imported and EU-produced goods. Consumer information is important, but we do not necessarily want to go down a protectionist route.
The Government obviously share the concerns about the need to tackle counterfeit goods and provide accurate information and the genuine concerns about trademark and design breaches and the mislabelling of imported goods from some sources, as the hon. Member for Stoke-on-Trent Central has outlined, but it did not seem that the Commission’s proposal would add anything to the debate except additional administrative and cost burdens, so it is right that it is likely to be withdrawn. There was also a customs issue relating to the cost that would be imposed, particularly in the context of the public expenditure constraints we face. If that is not the best way to achieve the outcome the hon. Gentleman wants, which is to allow companies in his constituency a level playing field and enable consumers to be well informed, alternatives such as the ones I have talked about and better enforcement are a better way forward.
I will turn to the specific questions the hon. Gentleman asked towards the end of his remarks. He asked what funding the Department for Business, Innovation and Skills might be able to bring forward. The Department does not fund individual enforcement actions, but it does fund the National Trading Standards Board. As he might be aware, the trading standards landscape has been changing, because there were concerns that trading standards were too dispersed. The board will have greater power. We can bring the issue to the attention of the Office of Fair Trading, but it is up to it to consider whether an investigation is merited.
With regard to the “turnover club” and the mugs in the Department with no back-stamp, I must say that I brought my own mug to the Department when I arrived. It commemorated the suffragettes and I enjoy drinking my tea from it. I have never turned it upside down to see what stamp is on it, but I will do so, although not when it is full of tea—as the hon. Gentleman rightly said, it is not always an appropriate moment to do that. I was intrigued to hear about the “turnover club” and will endeavour to take up his challenge to see where the goods in the Department come from and pass on his concerns to others.
Ministerial Correction
(11 years, 9 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text
Entry Clearances: Overseas Students
(11 years, 9 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Michael Connarty
To ask the Secretary of State for the Home Department which (a) universities, (b) colleges of further education and (c) private providers have lost UK Border Agency highly trusted sponsor status since September 2010.
[Official Report, 19 June 2012, Vol. 546, c. 868-69W.]
Letter of correction from Damian Green:
An error has been identified in the written answer given to the hon. Member for Linlithgow and East Falkirk (Michael Connarty) on 19 June 2012.
The lists provided included Leicester College and Princes College School of English. Neither of these sponsors had lost their Highly Trusted Sponsor status and therefore should not have been included.
The full answer given was as follows:
Damian Green
No universities have lost UK Border Agency Highly Trusted Sponsor Status since September 2010. There have been 33 further education colleges that have lost their UK Border Agency Highly Trusted Sponsor Status since September 2010.
These are:
Abingdon and Witney College
Askham Bryan College
Barnet and Southgate College
Blackburn College
Bolton College
Brooklands College
Carshalton College
City College Brighton and Hove
College of North West London
Coulsdon College
Croydon College
Cumbernauld College
Greenwich Community College
King George V College
Kirklees College
Leicester College
Lowestoft College
Motherwell College
Newham College of Further Education
North West Regional College
Oatridge College
Plumpton College
Reid Kerr College
Sandwell College
South Birmingham College
South Nottingham College
South Tyneside College
Southern Regional College
St Vincent College
Stow College
Varndean College
Worcester Sixth Form College
49 private providers have lost UK Border Agency Highly Trusted Sponsor Status since September 2010.
These are:
A+ English Ltd
Abacus College
Access College London
Azad University (IR) in Oxford
Basil Paterson College
Bedfordshire College
Birmingham International College
Bournemouth Business School International
Cambridge Seminars College
Care in Hand LTD
Christ the Redeemer College
City Banking College Limited
Colchester English Study Centre
ELT-Banbury Ltd
Embassy CES Brighton
English for Everyone Ltd/IH Aberdeen Ltd
English in York
Foyle Language School
Harrow Academy UK
Institute of St Anselm
Lake School of English Oxford
LAL Language Centres (Torbay) Ltd
Language Studies International
Language Studies International, London Central
Le Cordon Bleu Limited
Leicester Commercial College
London Hotel School
London School of Beauty & Make-up
Loxdale English Centre/Swedish Folk High School
Margate Language Centre
Maria Montessori Training Organisation (The)
Midlands Academy of Business & Technology
MM Oxford Study Services
Northumbria School of English
Olivet English Language School
Princes College School of English
Ray Cochrane CIDESCO International Beauty School
Riviera English School
Sassoon Academy
Shane Global Language Centres
Sophies Recruitment Services Ltd
Stafford House School of English
Stanton School of English
Surrey Language Centre
The New School of English Ltd
Twin Towers English College
University of Leicester International Study Centre
University of Wales International Study Centre
Westminster Academy
Some institutions are seeking to reverse these decisions through current representations. However, some institutions will have reapplied for Highly Trusted Status since revocation and some will be able to reapply for Highly Trusted Sponsor Status six months after the decision to remove it.
The correct answer should have been:
Damian Green
No universities have lost UK Border Agency Highly Trusted Sponsor Status since September 2010. There have been 32 further education colleges that have lost their UK Border Agency Highly Trusted Sponsor Status since September 2010.
These are:
Abingdon and Witney College
Askham Bryan College
Barnet and Southgate College
Blackburn College
Bolton College
Brooklands College
Carshalton College
City College Brighton and Hove
College of North West London
Coulsdon College
Croydon College
Cumbernauld College
Greenwich Community College
King George V College
Kirklees College
Lowestoft College
Motherwell College
Newham College of Further Education
North West Regional College
Oatridge College
Plumpton College
Reid Kerr College
Sandwell College
South Birmingham College
South Nottingham College
South Tyneside College
Southern Regional College
St Vincent College
Stow College
Varndean College
Worcester Sixth Form College
48 private providers have lost UK Border Agency Highly Trusted Sponsor Status since September 2010.
These are:
A+ English Ltd
Abacus College
Access College London
Azad University (IR) in Oxford
Basil Paterson College
Bedfordshire College
Birmingham International College
Bournemouth Business School International
Cambridge Seminars College
Care in Hand LTD
Christ the Redeemer College
City Banking College Limited
Colchester English Study Centre
ELT-Banbury Ltd
Embassy CES Brighton
English for Everyone Ltd/IH Aberdeen Ltd
English in York
Foyle Language School
Harrow Academy UK
Institute of St Anselm
Lake School of English Oxford
LAL Language Centres (Torbay) Ltd
Language Studies International
Language Studies International, London Central
Le Cordon Bleu Limited
Leicester Commercial College
London Hotel School
London School of Beauty & Make-up
Loxdale English Centre/Swedish Folk High School
Margate Language Centre
Maria Montessori Training Organisation (The)
Midlands Academy of Business & Technology
MM Oxford Study Services
Northumbria School of English
Olivet English Language School
Ray Cochrane CIDESCO International Beauty School
Riviera English School
Sassoon Academy
Shane Global Language Centres
Sophies Recruitment Services Ltd
Stafford House School of English
Stanton School of English
Surrey Language Centre
The New School of English Ltd
Twin Towers English College
University of Leicester International Study Centre
University of Wales International Study Centre
Westminster Academy
Some institutions are seeking to reverse these decisions through current representations. However, some institutions will have reapplied for Highly Trusted Status since revocation and some will be able to reapply for Highly Trusted Sponsor Status six months after the decision to remove it.
Westminster Hall
(11 years, 9 months ago)
Westminster HallRead Full debate Read Hansard Text
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Asylum Support (Children and Young People)
(11 years, 9 months ago)
Westminster HallRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Sarah Teather (Brent Central) (LD)
It is a great pleasure to serve under your chairmanship, Mr Davies.
I am pleased to have secured this debate, and it is good to see a number of colleagues here, although perhaps not as many as I had hoped; maybe everyone is in Eastleigh this morning. [Interruption.] Perhaps not quite everyone.
It is good to see the hon. Member for Scunthorpe (Nic Dakin). He served on the recent cross-party parliamentary panel on the experiences of children and young people in the asylum system, which I chaired. That inquiry, which was supported by the Children’s Society, is the instigator for this debate. The hon. Member for Stroud (Neil Carmichael) had also hoped to be here, but he has a clashing appointment with the Select Committee on Education.
Before I say anything else, I would like to express my gratitude to the Children’s Society for its help and support during the inquiry. I am grateful to see the Minister here; I have had an opportunity to discuss the inquiry with him. I know he has read the report, so I look forward to his response. I also thank the 200 or so individuals and organisations that gave evidence to our inquiry, both in writing and in person. We were very lucky to receive evidence from a range of experts, including local authorities, safeguarding boards and academics, as well as from organisations working directly with young asylum seekers and their families. We also heard from the young people and their families themselves, many of whom came to give evidence in the House of Commons, which was a very moving occasion for many on the panel.
I am pleased that the hon. Member for Ealing, Southall (Mr Sharma), who also served on the panel, has joined us. All the panel would agree that some of the evidence we received was extremely shocking and very upsetting. We found that families are often surviving on as little as £5 a day per person. Parents told us that they often skip meals to pay for basic items and that it is particularly difficult for them to pay for any item, such as a winter coat or shoes, that requires slightly more money. They told us that they are unable to pay for their children’s school trips and uniform, a situation exacerbated by the frequent moves during dispersal and rehousing that affect many families. Birthdays, toys and other things that other families take for granted are another question entirely.
Asylum support rates have fallen way below the poverty line in recent years; they were first set at 90% of income support rates, but it was later agreed that they be set at 70% of income support rates. Successive Governments have failed to uprate those benefits under section 95 and section 4 of the Immigration and Asylum Act 1999, thereby allowing them to fall way beneath the basic level of support that we would consider appropriate for families—that of income support.
As the Minister is aware, no decision has been taken this financial year about uprating section 95 and section 4 support rates, so those benefits have effectively been frozen this financial year without any accountability to Parliament. We have not had an opportunity to question the Minister on why that decision has or has not been taken.
The levels of the benefits are extremely complex and are set differently for children of different ages. For children under 15 without a disability, the levels are significantly less punitive than those set for adults, slightly older children and children with disabilities. Of course, the problem is that families are living on a whole family budget, not just the child’s extra bit of support.
We found that, when the support is added together, a lone parent with a 10-year-old disabled child is living on just a third of income support levels. It is difficult to see how any family can possibly be expected to survive on such small amounts of money. Notwithstanding any deductions for accommodation, which is paid for separately, it is difficult to see how a family can manage for a prolonged period on such small benefit levels.
Nic Dakin (Scunthorpe) (Lab)
I congratulate the hon. Lady on securing this important debate. She has set out her stall very well and will surely continue to do so. Like me, was she struck by the great dignity of the people who gave evidence to our inquiry? They were not asking for anything, but, as she argues, they deserve to be treated properly.
Sarah Teather
The hon. Gentleman is absolutely right. The people who came to speak to us were asking to be treated as human beings, to be allowed to support themselves and to have enough to support their family. They did not whinge, and they were often extremely grateful for what this country has given to enable them to flee to safety from countries that are war-torn or in which they faced persecution.
The people were asking just to be able to survive and to bring up their children well. The stories they told were incredibly distressing. I will address some of the things they said, and I would be grateful if other members of the panel also reported on some of their experiences of listening to those families.
An estimated 10,000 children in the asylum system are supported by these benefits, and many spend substantial portions of their childhood on asylum support. It is not as if the problem affected people for a few weeks but did not have a long-term impact.
Jim Shannon (Strangford) (DUP)
Everyone here is of the same mind. Does the hon. Lady agree that part of the problem is that, up to the age of 18, people who fall into this category experience uncertainty and fear? Does she agree that that needs to be reviewed to address the needs of vulnerable young people from when they come into this country until they reach 18, when the system basically washes its hands of them?
Sarah Teather
I suspect the hon. Gentleman’s question refers to unaccompanied asylum seekers. Am I correct?
Sarah Teather
The inquiry specifically addressed children who are with their families and who are supported by section 95 and section 4, but there is another question about the vulnerability of unaccompanied asylum seekers and the fact that often all support ends at 18.
Many of us will remember, and those of us with children or nieces and nephews will recognise, that an 18-year-old is incredibly vulnerable if they have no family, which is why they are supposed to be treated as children leaving care. They have significant extra difficulties that need to be catered for and are not always addressed sympathetically by the Home Office’s decision making.
David Simpson (Upper Bann) (DUP)
I congratulate the hon. Lady on obtaining this interesting debate. Will she tell us how education works for those young people?
Sarah Teather
Is the hon. Gentleman talking about unaccompanied asylum seekers?
Sarah Teather
Education legislation is intended to be blind to a child’s immigration status—in fact, the Government are supposed to be blind to a child’s immigration status full stop. We are signed up to the UN convention on the rights of the child, and it seems to me that the UK Border Agency differentiates between children whose parents are currently in the system, or whose asylum case has failed, and children who have permanent residency.
The rules on education in the UN convention are absolutely clear: children must be provided with education regardless. However, the financial support for which they are eligible is an issue. Does it allow children to grow and flourish as the UNCRC expects? It is not adequate to provide children with barely enough to survive on; the UNCRC is clear that we must provide enough to allow them to develop to their best potential. I argue that the system is inadequate even to allow children’s bare survival. It certainly fails miserably to meet our duties under the UNCRC.
At the moment, a surprisingly large number of children live within the asylum support system. A significantly smaller number of those—probably only about 800—are supported under section 4, but the effects on that small number are disproportionate. We in Government know well what impact poverty has on a child’s life chances. All Ministers have accepted that child poverty significantly damages children’s potential for development, and that idea has cross-party support. That is why so much effort has been devoted to ensuring that we get the data right for counting child poverty, understand the indicators and focus on the causes and impacts of child poverty. I know that well from my time as a Minister at the Department for Education, where the issue was one focus of my work. However, we seem not to be able to take the issue as seriously for children whose asylum cases have not been decided.
The situation is significantly worse for those on section 4 rather than section 95 support. Section 4 support is intended to be short-term. It has been described by previous Ministers as an austere regime intended only for those whose applications have failed but who cannot currently return home. However, it is worth recognising that many children spend years on section 4 support. Although it might be intended for adults to live on for a matter of weeks, many children spend substantial portions of their lives on it—we met families whose children had spent almost all their lives on section 4 support. What makes section 4 support so difficult is not just that levels are significantly lower, but, more specifically, that it is cashless and highly restrictive about where the money can be spent.
Nic Dakin
One thing that struck me about the evidence provided to us was the impact of the Azure card. It reduces the effectiveness and value of the small amounts of money that the families and children get. Does the hon. Lady agree that if nothing else needs urgent consideration, the Azure card and the cashless system do, in order to improve things for those families?
Sarah Teather
I absolutely agree. Parents said to us that the restrictions on where they could shop meant that things were often more expensive, particularly items such as buggies, which were completely impossible for many families to buy. They would have been much happier to go to the second-hand shop, but of course they cannot use the Azure card there; they are required to go to Mothercare or similar shops. To reflect on my sister-in-law’s experience, buying a buggy at Mothercare costs practically as much as buying a car. I hope that I am not libelling the shop by saying so; I shall probably get letters from Mothercare now. Nevertheless, I think that most people would recognise that such items are extremely expensive. For anyone trying to survive on £5 a day in a cashless system using an Azure card, it makes no financial sense whatever.
Families who want to buy food more in keeping with their own culture find themselves unable to shop in suitable shops. It is particularly difficult for some families that they are expected to walk, sometimes up to 3 miles, in order to go shopping. The idea that a lone parent with several children should walk several miles to use an Azure card to go shopping, carrying the children and luggage back from the supermarket, is completely unreasonable.
Similarly, money on the Azure card cannot be saved from one week to the next, at least in more than very small amounts, so unless all the money is spent during the week, it is effectively wasted. People said that if they are ill and unable to shop, they run out of money and are unable to refill the fridge the following week. If they need a winter coat, they have no possible means of saving up for one. During a winter such as this one, that seems completely unreasonable.
Families also spoke to us about the stigma associated with using the Azure card, which identifies them immediately as asylum seekers. Many spoke distressingly about their experiences of being abused in supermarkets when they produced the card in order to buy their shopping. Sometimes, even after the card had been topped up, it still did not work. It is unreliable, as well as bringing great stigma with it.
The section 4 system seems utterly baffling to me. It is highly expensive to administer given the relatively small number of people involved, and it is a punitive regime that seems disproportionate to the problem that the Government say they are trying to fix. It is worth rehearsing some of the consequences of trying to live under the system.
I had a case in my constituency involving somebody on section 4 support. Those on section 4 support cannot be housed with other relatives; they must be housed in special accommodation. As a consequence, he was separated from his partner and child. As is extremely common, he was not eligible for travel money. The Government have said to me that travel money is available in exceptional cases. Those cases seem to be phenomenally exceptional, because my constituency office has had great difficulty accessing the money when it is needed. That man walked miles across London every day to visit his wife and child, a situation that put intolerable pressure on the child and family. We certainly heard of the reverse situation, where the woman was separated from the father of her child. It makes no logical sense. The Government would save money by allowing people to live with their partners, other relatives or friends, as those on section 95 support may do.
Section 4 support is highly restrictive of what people can buy. One thing that struck me most particularly as a Minister considering the issue was that the regulations expressly forbid the purchase of toys. What a bizarre thing to do. I do not know who thought of it, but it is certainly not compatible with the UNCRC.
For pregnant women and new mothers, the situation can be even more intolerable. Maternity Action and the Refugee Council submitted evidence to us during the inquiry. They have subsequently produced their own report, “When maternity doesn’t matter”, which I will say more about in a moment when I turn to housing. The organisations cited a case in which a woman with no money for a buggy or transport was forced to walk home from hospital in the snow, carrying her newborn baby in her arms, shortly after giving birth. That is a ludicrous and appallingly distressing story.
When I discussed the issue with the Minister previously, he said that he did not believe that the public would tolerate our giving the same amount of support to those whose claims have been rejected as to those still awaiting a decision, but I do not think the public would tolerate the kinds of story that we heard in our inquiry. He underestimates the humanity of the British people if he thinks that that is actually what they want in the asylum support system.
There is a further question about whether such punitive treatment actually has any purpose. It does not make desperate families who fear for their lives return home; it simply leaves them in poverty, jeopardising their health and their children’s long-term development. We saw a case in which somebody left on section 4 support for a very long time was later given refugee status on reapplication. To think that all those people are somehow scamming the system and ought to go home is to miss the point entirely.
It is said that if we raise benefit levels, it will encourage more people to seek asylum here. There is simply no evidence for that. When vouchers were introduced, the number of asylum applications rose. When cash was re-introduced, it fell. There has been plenty of research, which I am happy to share, looking at why people choose a particular country. In most cases, it has much more to do with historical ties between particular countries than with any expected benefits that people might receive when they get to the country. Given the complexity of section 4 and section 95 support—it took us some considerable time to produce the spreadsheet to work out exactly what families in different circumstances would get—it beggars belief that someone in a situation of war, violence or persecution would spend a couple of days researching that on the internet before deciding which travel company to book their flight with. We need to get that into perspective. The answer must surely be to set levels in line with other benefits. Deducting accommodation costs if necessary, we should make a clear commitment to uprate benefits so that people who have fled war, persecution and violence can live —as the hon. Member for Scunthorpe said—a basic, dignified life.
I understand the political difficulties of raising benefit levels for asylum seekers, in particular when there is much debate about wider benefit levels—full stop. Surely it would be more sensible and take an awful lot of political grief away from the Minister if they were simply pegged to other benefit levels and automatically uprated each year. Ministers would then not have to go through the agony of having to work out on which full-news day to introduce a measure; they could simply get on with doing the right and humane thing.
Mark Durkan (Foyle) (SDLP)
Does the hon. Lady agree that the sensible approach that she is advocating is what used to be the case until, unfortunately, the previous Government made the change? Instead of pegging the support to a proportion of benefits, they decided to remove that linkage and left it floating, drifting, leading to the very destitution that she is describing.
Sarah Teather
There have been a number of different changes over time. The previous Government agreed that they would peg asylum support to 70% but almost immediately broke that agreement. The problem with this type of issue is that, because it is politically contentious, successive Ministers in different Governments have found it difficult to tackle, which is why it needs to be done in such a way that they do not have to face the headlines every time something happens. Drafting the legislation so as to allow the support to be uprated automatically would surely take the political headache away from Ministers, allowing them to do the right thing. I do not believe that Ministers from any party would wish to see children pushed into severe poverty. It is a question of ensuring that the administration is such that it can be done easily. I strongly encourage the Minister to take that step.
Logically, section 4 should be abolished, to be replaced by one cash-based system for all people regardless. The existing system costs money, it is inhumane and it serves no purpose. If it was abolished and section 95 applied to everyone, I would be extremely surprised were there any political outcry. The Government have managed to make changes to the immigration system and to abolish child detention without any hue and cry, so I am sure it is not beyond the wit of the Minister to amend section 4 so that people get a decent cash system.
Sarah Teather
Indeed. The Minister could also make a virtue out of it, because the change would almost certainly save money. I made a point a moment ago about how people could be housed with their relatives if less restriction was applied than in the section 4 system, which requires people to be housed in different accommodation. The change would also save money on administration, and I strongly encourage the Minister to make it. At a time of austerity, I am sure he is looking for any method to save a little money.
Not recognising disability and special needs in families seeking asylum is also unjust. We ought to ensure that those needs are recognised in the system, because it is completely illogical to expect a family to be able to cope without such recognition. We heard from one young carer, Riyya, who was left with the most extraordinary pressure of caring for her disabled mother, and of course no financial recognition was given in the benefit system of that pressure or of the extra support that her mother needed. It caused devastation to Riyya during her childhood.
If the Government are really looking to save money, an obvious way would be to allow asylum seekers to work and to support themselves if they have been waiting in this country for some time for their case to be decided. That is what most asylum-seeking families want: they want to be able to support themselves, they do not want to be on benefit. We have spent a lot of time talking up the importance of the work ethic as a salvation for all. One of the mantras of the Government is that work is an important route for supporting oneself, for dignity and for children’s prospects. We know that, and we devote a lot of time trying to get people back into work when they have been out of work for a long time—in all cases except this group, who are often highly educated and talented people with a lot to give to this country. During the time they spend on asylum support, they are deskilled and demotivated, and their children have to survive in high levels of poverty. Again, the Minister could make a political virtue out of that change, because I am pretty sure it is what the public want as well. They want to see people contributing to this country; having given people safety, the public want to see them giving something back, and that is what asylum-seeking families want as well.
Jim Shannon
On that deskilling of people, many who come to this country have skills or job experience with which they could contribute to society, but sometimes they are not given the chance. Does the hon. Lady feel that more opportunity should be given to those people who come here with skills and job experience with which they could contribute to the country? At the moment it is not happening.
Sarah Teather
I absolutely agree. The sooner that people are able to get back into a regular pattern of work, so that they can support their family and themselves and give themselves some dignity and a sense of contributing to the country that they have chosen to make as their home albeit under difficult circumstances, the better that is for everyone concerned. Furthermore, the quicker they can integrate, the quicker they can learn English, while from a financial perspective it will cost the country a good deal less to support them. That seems to be a logical and sensible thing to do, and I strongly urge the Minister to look at doing it.
In our inquiry, we intended to look specifically at support rates, which is what I have spent most of the time discussing. Before I finish, however, I want to say something about some of the other things that we found that were equally shocking, such as the way in which families are treated by their housing provider. The families have multiple moves, not only dispersed once but moved repeatedly, with appalling living conditions and cases of disrepair, as well as a lack of privacy and of hygiene. The multiple moves, as I said at the outset of my remarks, affect not only family budgets because of the need to buy a new school uniform every time but children’s school life, and their ability to make friends and to settle. We must remember that the children have fled their own country; they have fled war, violence and persecution, with all the trauma involved, and yet, when the family arrive here, we move them over and over again, often with little notice or little information to allow parents to prepare their child emotionally. What family would want to be moved and uprooted with little notice and without some information so that they can discuss with their child what is to happen? They get no information in advance about where the local schools are or about the area, and no support to allow them to register at a new school or with the doctor. They are basically plucked from one place and dropped into another with no support whatever to allow them to integrate. It is no wonder that mental health problems are so high among this group. It would not be an expensive problem to fix. We could provide support for families if a move is necessary, and we could try to move families with young children less often.
One mother and her four-year-old daughter told us that they moved 11 times in five years. She explained that, as a consequence of what she fled from in her own country, she spent the best part of 10 years moving house, first within her own country, then in this country, effectively fleeing from house to house, being moved by the UKBA. She said, “I’m tired.” I am not surprised she is tired, and I am not surprised that it is so difficult for her children. Moves are often made with no appreciation of the impact on children. Families and local authority representatives told us that contractors do not always turn up when they say they will, so belongings, such as a children’s cots, are packed up and no notice is given of when the contractor will eventually turn up.
The impact on pregnant women is even worse. I have referred to the deeply upsetting report, “When Maternity Doesn’t Matter”, which the Refugee Council and Maternity Action produced this week. They submitted evidence to our inquiry that the impact of dispersal on women’s lives is catastrophic if they are pregnant. The four weeks’ protected period that UKBA agreed to introduce is an advance, but still woefully inadequate. Women are moved away from their partners so they may have no one with them when they give birth and no one to look after their other children. A single mother in the study reported that she was separated from her partner so she had no one to look after her children and she considered leaving her children with a local shopkeeper before she went into labour because she had no other options for child care. Midwives told us that it makes their lives incredibly difficult because they are unable to provide continuity of care.
We would not expect any British woman to experience such conditions, but these women have specific extra difficulties and they should receive more support, not less. Many have suffered female genital mutilation and sexual violence in their own country as well as torture, which exacerbates the risk of flashbacks when giving birth. They have a much higher rate of maternal death than we expect in the general population. They make up 12% of all maternal deaths, but only 0.3% of the overall population. Those figures are staggering and worrying, and the Government must get to grips with them.
Again, it is not expensive to fix the problem. There is no reason for repeatedly moving these women, and that could be stopped. I strongly encourage the Government to examine the matter to ensure that women are treated decently and that their children have a chance to thrive. We know that what happens in the first few weeks and months after childbirth is important for their children and attachment. That is why the Government are putting health visitors in Sure Start children’s centres. We know that post-natal depression and so on have an impact on attachment, and a long-term impact on children’s ability to thrive and what happens to them in later life. Other Departments know that, so why does the Home Office not accept the evidence that is driving Government policy everywhere else? It must work with the Department of Health and the Department for Education. The situation is simply not good enough, and it could be changed.
My final point, which is perhaps the smallest and the cheapest to fix, was the most shocking for the panel. Almost every family told us that housing contractors routinely enter properties without knocking. We heard not just from one family, but from all of them independently that people just turn up and use keys to let themselves in. People may be in the shower and if they are Muslim women they may not have adequate head covering. It causes terror for children, and is an epithet for the lack of respect with which they are treated. They are treated as luggage rather than people who deserve some dignity and respect. The Government must get to grips with that with housing contractors.
I have gone through the details of the report. Some of our recommendations would save the Government money, some would cost a small amount, some would be more popular than their current policies, all would be more humane, and none would encourage more asylum seekers to come here. These changes would be win-wins for the Government if they implemented them.
Any change is risky and difficult, but the Minister is very capable and I am sure that he is on top of his brief. If anyone is politically shrewd enough to appreciate the points on offer, I am sure that he is. He does not strike me as a Minister who has come to his brief wanting to tread water, and I strongly encourage him to take note of the points that the cross-party parliamentary inquiry made.
Mr Virendra Sharma (Ealing, Southall) (Lab)
I thank and congratulate the hon. Member for Brent Central (Sarah Teather) on securing this debate on the important issue of unfairness and injustice. My contribution to the debate is based on my personal knowledge of the subject, my previous work and the casework at my constituency surgeries. I have a large caseload. The views expressed in the report resulted from hearing many experts. The hon. Lady has mentioned many issues that we all face in the community, and I may repeat what she has said, because she expressed the views of many people and many MPs from their experience in their constituencies.
This country has a long-standing tradition of providing sanctuary to those fleeing danger and violence, but unfortunately we are in danger of failing refugees and asylum seekers by giving them inadequate support. It is our duty to provide assistance to those in need, especially to young children and families who have already suffered through war and persecution. Unfortunately, there are many tragic examples of asylum seekers in this country living in terrible conditions due to the low support awarded to them. Some families cannot put food on their tables; some are living in cold, unhygienic, overcrowded and unsafe accommodation; and other people are separated from their families and regularly moved around the country.
The cross-party parliamentary inquiry on asylum support, of which I was a member and which was chaired by the hon. Lady, produced a comprehensive report that examined support for asylum-seeking children and families and made recommendations. One key concern outlined in the report is the discrepancy between support for asylum seekers and families receiving mainstream benefits. Asylum seekers are not permitted to work, and the support that they are entitled to under section 95 of the Immigration and Asylum Act 1999 is considerably less than current income support, which is a minimum level to meet essential living needs.
The situation is detrimental to the well-being of asylum seekers, leaving families hungry and struggling in atrocious conditions. Some children on asylum support are living on as little as £5 a day. As part of the inquiry, we heard tragic stories of parents going hungry, so that they could feed their children, and having to choose between buying food and buying warmer clothes for winter. Parents should never have to go hungry to feed and clothe their children because they cannot afford to; income support for asylum seekers is clearly insufficient if that is the case.
The situation is even more difficult for families with a child or a parent with a disability. Without access to mainstream benefits, families seeking asylum are also not entitled to benefits such as disability living allowance, carer’s allowance or mobility assistance. That leaves asylum-seeking families with disability significantly worse off than families who are able to access mainstream support. Some families are only getting about a quarter of what they would get under the mainstream system. As it may cost up to three times more to raise a disabled child, it is unreasonable for such families not to receive an allowance to meet those extra costs, especially when they already have difficulty making ends meet. Parents raising a disabled child will also require extra support to help them with their child’s education, health and social activities. Unfortunately, once again, the asylum support system does not recognise those additional needs and forces parents to struggle with such challenges unassisted.
The same is true for children caring for a disabled parent, as they are not entitled to supplementary carer’s allowance or any extra assistance. As the hon. Lady has said, the inquiry allowed us to hear about an 11-year-old girl who cared for her disabled mother. It was not unusual for her to have to miss school to take her mother to hospital appointments and help with the shopping and cleaning. Sadly, as her mother was unable to sign in for her support every single week because of her disability, they would sometimes have to go without any money. Had that mother and daughter been given additional support, they would not have had to struggle in that way and the girl would have had an uninterrupted education.
The lack of support for refugees with additional needs is particularly evident and worrying for children affected by HIV. Such children need warm, clean accommodation and high-quality food and health care, which, in most cases, they will not have access to through their asylum support, leaving them vulnerable to serious illness. In addition, mothers who are HIV-positive should not be breastfeeding, but are not given supplementary funds for formula milk, putting their babies at risk.
Refugees who are fleeing war and persecution should be given an extra layer of protection, but in such cases, some of the most vulnerable are those who receive the lowest support. It is clear that the particular needs and additional costs of living for families where there is a disability or illness must be taken into account to determine financial support for asylum seekers. It is unacceptable for parents and children with disability to be left without the support that they desperately need. Asylum-seeking families should be able to access disability living allowance, carer’s allowance or mobility allowance, so that they are able to live without fear of going hungry, cold or scared.
In this country, we put a lot of emphasis on English language skills and knowledge, which I feel is most important. Everyone needs to learn, so that they can fully participate in the system, but it is also the responsibility of the system to recognise the other social and practical skills that such people bring with them, so that they can be used. Not only could people then offer their own skills, but it could be ensured that they contribute more effectively to society after they come in. I hope that the Minister, in responding, will address how we can best use the skills that people carry with them.
Thank you, Mr Davies, for giving me the chance to contribute to this important debate. I hope that the Minister will listen to the contributions made by all Members this morning, as well as what is said by people who have expertise in the field, who are dealing on a day-to-day basis with many cases, and that he will read the recommendations made in the report. I also hope that he will help the families and children who are going through the most difficult period of their lives and take them out of the poverty trap. Furthermore, let them live and move in society with dignity and respect.
Nic Dakin (Scunthorpe) (Lab)
I apologise, Mr Davies, for having to nip out to deal with a constituency issue, but I have been here for most of the debate, and what a good debate it has been. I congratulate the hon. Member for Brent Central (Sarah Teather) on securing it and on building on what has been a very good all-party inquiry into a significant and precise issue. As she said so eloquently in her speech, action can be taken by the Minister—who is a very good Minister—to seize the opportunity and advantage available for a win-win situation.
Most of these children and families come from countries, such as Iran, Zimbabwe and Afghanistan, where violence is endemic and human rights abuses are well documented. Owing to poor-quality decision making by the Home Office on asylum claims, there are consistently high overturn rates on appeal for some countries—for example, for Syria, the rate is 53%; for Sri Lanka, 40%; for Iran, 37%; and for Afghanistan, 30%.
As recent Refugee Council research shows, many families will be refused asylum but may still have protection needs, and they will be too afraid to return to their country of origin. They are left in limbo in the United Kingdom, sadly living in destitution and prohibited from working to support themselves and their children. In general, if a temporary obstacle prevents them from leaving the UK—for example, if they are too sick to travel or if there is no viable route of return—under the section 4 system, they may only live in designated accommodation, and instead of cash, they only receive money to cater for essential living needs on the Azure payment card. As the hon. Lady pointed out, although that is designed as a temporary measure, it can go on for years and, sometimes, as long as a decade or more, which is surely not acceptable.
I want to focus my remarks on the card. It can only be used at designated retail outlets, so people cannot get the best value for money. I think that every hon. Member is committed to systems that allow the delivery of the best value for money, so it is ironic that we have designed something that militates against that. People can only purchase food, essential toiletries and other items up to the value of £35.39 per person per week. We heard from families who reported experiencing frequent technical faults with the card—something that, as the hon. Lady pointed out, can be embarrassing and degrading—and they were not allowed to buy certain items such as condoms or sanitary towels.
Attention can also be drawn to such families, and they can be the victims of abuse. For example, one mother, who had been trafficked for sexual exploitation when she was young and who was living on section 4 support when we spoke to her but has since received refugee status, told the panel how she had been spoken to by another shopper while using the Azure card. The shopper said, “You black monkey, go back to your own country.” These horrific experiences have a profound impact on parents and their children. None of us feels that that racism should be tolerated, and we should not put systems in place that risk that racism taking place.
I was ashamed to hear some of the evidence that we heard. People gave evidence with great dignity and stoicism and no complaining. It left me thinking that we can surely do better and at no extra cost. Indeed, the cost implications of maintaining a two-tier system under section 4, aimed at persuading people to leave the UK, are such that it is not a cost-effective approach. Ultimately, increasing asylum support to bring it in line with mainstream benefits to ensure that children’s needs are met would mean additional costs. However, abandoning the parallel section 4 system could and probably would save money, because it would get rid of an unnecessary and clumsy bureaucracy.
Still Human Still Here estimates that abolishing the parallel support system under section 4 could lead to savings of more than £2 million due to administrative costs and because families would no longer be required to live in designated UK Border Agency accommodation and could remain with friends or relatives, as is the case currently for those on section 95 support. There is an opportunity to save money in times of austerity and to allow money to go further for people who have very little money. It is a win-win opportunity for the Government, and I am sure that this Minister will want to embrace it.
The report recommended that the Government should abolish section 4 support and urgently implement a single cash-based support system for all children and their families who need asylum support while they are in the UK. I hope that all parties in the House will work together with the Government to assist them in bringing that about as soon as possible. The system should include children who were born after an asylum refusal, to ensure that no child is left destitute.
Much more could be said, because of the richness of the evidence that was provided, but I want to focus simply on the cashless payment, which does not make sense in terms of delivering to those who most need it the opportunity to take full advantage of their lives and move things forward; nor does it make sense because of the cost to the UK taxpayer, who is paying for unnecessary bureaucracy. Here is an opportunity to address that and move things forward in a way that benefits everyone.
Mark Durkan (Foyle) (SDLP)
I commend the hon. Member for Brent Central (Sarah Teather) for initiating the debate. I commend not only the work reflected in her remarks today, but the work of the cross-party panel, which conducted such a compelling inquiry. The hon. Lady has also reflected many of the points and concerns that she has raised in a very cogent early-day motion, which I have also supported.
The Under-Secretary of State for Education, the hon. Member for Crewe and Nantwich (Mr Timpson), who has responsibility for children, told the main Chamber on Monday, in the debate on the Children and Families Bill, that every child is our responsibility.
The report by the cross-party panel is a call to action and a call for change if we really do subscribe to the ethic that every child is our child, because it shows that, as a result of how the regime for asylum support is operating, children are being held in destitution. Their parents are being frustrated from discharging their most basic responsibility and from fulfilling the most cogent aspiration of any parent—to provide due and proper care and nurture for their children.
David Simpson
The hon. Member for Scunthorpe (Nic Dakin) mentioned briefly a young lady who had been trafficked. Did the evidence given to the panel contain much about young people being trafficked for sexual exploitation?
Mark Durkan
The evidence was there in terms of the risk that children were facing. We have a regime that does not work to the imperative of the protection of children and their rights. It is a system that, in many ways, possibly by ensuring the degree of destitution for parents and children, puts parents—mothers—at risk of ending up in undue transactional circumstances, including prostitution. It creates many degrees and levels of risk for children, which we should, of course, be at pains to prevent.
We have heard from the hon. Members for Brent Central, for Ealing, Southall (Mr Sharma) and for Scunthorpe (Nic Dakin) that the system is unfair and cruel and creates inequity. I know that the Minister is a reasonable, sensible and sensitive person. He will see the inequity to which other hon. Members have referred, but if his officials cannot be moved by the inequity, will they not at least be moved by the inefficiency that has been brought out so strongly by the hon. Members and which is demonstrated so strongly in the panel’s report?
There seems to be a naive assumption that a cashless system, as in section 4, is somehow a costless system, but, as we can see in the report and as we have heard from the hon. Member for Brent Central and other hon. Members today, that system is not costless. It is an inefficient as well as a cruel system, because it denies people not just adequate means but the choice to make proper and cost-efficient provision for themselves. A cash system, with a fair application of section 95, would be much better.
There seems to be a mantra on the part of those making decisions in Government that there should be “No more for section 4,” but the mantra should actually be “No more of section 4”. It simply does not work in any way that is fair. It results in severe destitution for many people and intense risk exposure for very vulnerable families. It is the point about vulnerability that seems to be missing.
It seems to me that the system has a tendency to see suspects rather than the vulnerable. Its treating of families and children as suspect rather than vulnerable seems to be the root cause of the problem. We should move against section 4. It is supposed to provide a measure of short-term support to deal with short-term exigencies, but, as we know from parliamentary answers given only this month, more than half the people on section 4 support have been on it for more than two years. Some, as the hon. Member for Scunthorpe said, have been on it for much longer than that, so let us not pretend that section 4 does what the Government initially said it was intended to do. Let us recognise, as the report brings out, the serious problems with section 4 and move against it.
Of course, the lack of choice over disposable means is not the only problem with section 4. There is also—pardon the pun—the tethered living that comes with section 4, with people being denied any choice in relation to accommodation and being forced into UKBA accommodation. As well as that being restricted and unsuitable living, it can lead to intrusive situations—officials can just arrive and appear in the properties where people are living. That can lead to situations that are totally inappropriate in the context of family life. Families should not have to deal with that.
The hon. Member for Brent Central referred to the recent report “When maternity doesn’t matter”, by the Refugee Council and Maternity Action. I attended the event on Monday evening and listened to the accounts of the experiences of some people who have faced dispersal. Refugees, as well as facing the worst effects of displacement from their own country, their own families and the circumstances that they are fleeing, find themselves at risk of ongoing displacement here, whether that is through the policy of dispersal or through some of the other changes that can be visited on people, as was brought out very strongly by the hon. Lady.
Mr Virendra Sharma
My hon. Friend is making a powerful point about how the system operates. Does he agree that the present system and environment force many children, women and families into the undesirable field of racial abuse and sexual violence, as my hon. Friend the Member for Scunthorpe has said?
Mark Durkan
My hon. Friend makes an important point. People are left vulnerable not just in a social and economic sense, but to all sorts of victimisation and alienation. That would be wrong in any instance, but particularly when we are dealing with vulnerable children. We should not visit such risks on people.
The regime is in relation not just to section 4, but to section 95, which provides for a cash support system. It makes no recognition whatever of disabled children or children who discharge caring duties for a parent with a disability or long-term condition. We would not tolerate that in any other area of benefits for any other of our constituents.
Although people complain about the Independent Parliamentary Standards Authority about this, that and the other, we have made sure that there is provision even in the parliamentary allowance system for people with caring responsibilities or disabilities. One of the worst forms of inequality is to treat people in profoundly different circumstances as though they were the same. That is exactly what is happening in the situation that we are discussing.
Originally, section 95 support was pegged at 90% of income support levels. It was then moved by the previous Government to 70%, but that was never adhered to. The report brings that out. People might argue that in the current circumstances it is a relatively modest request to bring section 95 support to 70% of income support levels.
I hope that the Minister, when he addresses the issues, will take care to read all the points and experiences reflected in the report and listen to its sensible recommendations, which have come not just from the Children’s Society, which did much work to support the inquiry, but from many others, including the Law Centre and many other charities in Northern Ireland that work with asylum seekers and refugees.
Chris Bryant (Rhondda) (Lab)
It is a great delight to serve under your chairmanship, Mr Davies.
I congratulate my three hon. Friends who spoke in today’s debate and all hon. Members who took part in putting the report together. I also congratulate, as my hon. Friend the Member for Foyle (Mark Durkan) has just done, the various charities and organisations that work with refugees—including those whose primary work is not with refugees, such as the Red Cross—on the diligence that they have brought to the work, to try to make Parliament and the wider public understand the situation faced by many refugees in this country. Of course, I pay tribute to the hon. Member for Brent Central (Sarah Teather) for the work she has done in bringing the issues together, for getting the report published and for how she presented her case today.
Different parts of the country will make different responses to the issue of asylum, because some parts have more refugees and a longer history of refugee communities than others. I used to be a curate in High Wycombe. Many refugees had come from Poland to High Wycombe in the 1940s, and it was an accepted part of Buckinghamshire society that there was a strong support for asylum and for refugees individually.
A respect for asylum and a desire to protect refugees are essential parts of our British decency. They are things we feel proud of because of our response not only in the 1930s and 1940s, but after that. People in the United Kingdom looked at oppressive dictatorships in Spain, Portugal, Greece and parts of eastern Europe and were proud when we were able to provide others greater freedom and liberty than they were able to have in their own countries.
The hon. Member for Brent Central was absolutely right in saying—though this is not often the version portrayed in the Daily Mail, the Daily Express, The Daily Telegraph, The Guardian, The Independent or just about any national newspaper—that there is little evidence to suggest that asylum seekers choose a country because of its benefits system or whether they would be able to work. That, incidentally, is also true of other forms of migration.
It is important that we keep asylum and immigration separate and that Government rules do so, too. If someone has suddenly to leave their country, it is far more common for them to go to a country where they already know someone; that stands to reason. If this country suddenly had a dictatorial Government and people suddenly had to leave, they would probably go somewhere where they had family or friends, whose house they might be able to stay in. Alternatively, people might go to a country whose operation of the rule of law they truly respected. Our historical respect for the rule of law is another reason why Britain has sometimes been a place where people seek refuge.
The hon. Lady was also right in saying that being a refugee is tough.
Mr Virendra Sharma
I arrived in this country many years ago, but in different circumstances. Does my hon. Friend agree that, when people leave their country, they go to a country where there is a history and tradition of tolerance and where they feel they will get a sense of justice? That is also part of why they move—not the benefits.
Chris Bryant
I absolutely agree. That does not mean that we should throw out all the rules on benefits in this country. It is a simple point to make—the vectors of asylum are oppression and dictatorial regimes, not the attraction of some kind of benefits system in this country. That is not to say that we should build palaces for every single person who comes to this country—no refugee expects that—but it is important to realise why people come.
It is also important to realise that no one wants to be a refugee; everyone prefers to live in their own country. The whole Old Testament is about people who are refugees because they had to leave their own country and the oppression that they lived under. The Israelites went off into the desert because of the oppression they were suffering under the Egyptians. That is a fundamental—theological, if one likes—understanding of the role of the refugee.
We need to do a great deal more, where we can, to ensure that our aid budget is deployed to try to ensure that fewer people around the world have to seek refuge. The number of people seeking asylum in this country and in many other parts of the world rose dramatically in the 1990s for the simple reason that there were many more dangerous places from which people had to flee.
We were hideously ill-prepared—in 1994, 1995 and 1996 there were only 50 people to deal with asylum seekers’ applications in this country—and it took a considerable period to put the situation in order. There were something like 170,000 applications a year; we are now talking about something in the region of 19,000, 20,000 or 21,000.
Richard Fuller (Bedford) (Con)
The hon. Gentleman says that the number of asylum seekers increased because more places around the world were dangerous. Is it not also the case—this is not a harsh point, just one for balance—that many people who came here claiming that they were asylum seekers came for other reasons? In fact, the attraction of easier travel and better media meant that, in addition to the rising numbers, understanding whether the basis for asylum was valid or invalid become more important in the 1990s and the last decade.
Chris Bryant
That may be true, but part of my critique is that we have been very ill-prepared to make such decisions over the past 20 years. If a long time is taken to decide on someone’s asylum application—that happened under Labour, but also in the early 1990s—the danger is that we end up with people who have become stateless and without any real existence.
Among people coming to my surgery recently, one young gentleman—he is not young any more; he came here some 25 years ago—has never had an asylum decision and has simply being living here. He has not been living off the state. He lives with his wife, and he is the house husband. Sorry—not his wife, but his partner: he has decided to come clean because he wants to marry, and he cannot marry without regularising his position.
It is vital that we make swift decisions, and it is important that the Government do whatever they can to reach the target of all asylum decisions being made within six months. In some cases, we have to be very careful. In particular, I hope that the Minister will look at the new evidence about Sri Lanka. When we return people to Sri Lanka, where they face oppression and persecution, we need to be careful in our relations with the Sri Lankan Government, let alone with others. There can be no greater instance of the trauma involved in someone’s having to leave their country as a refugee than the case of the 92 Burmese refugees who died after being at sea for 25 days off the coast of Thailand.
I am absolutely certain that the vast majority of the British people would be scandalised, upset and shocked by many of the stories told and much of the evidence presented to the group, especially about those for whom no decision has yet been made. The warmth of feeling of the British people, however, is somewhat diminished for those on section 4 support, when it has already been decided that people should go home.
I also think, as I know from an e-mail I had from a constituent yesterday—about a story in the Daily Mail, which makes me slightly hesitant—that there is less support for those in this country who decide to take on further family responsibilities after it has been determined that their asylum claim will not be accepted. I merely note that five of the people we have talked about are women who became pregnant after their appeal had been rejected.
Sarah Teather
The hon. Gentleman will recall that his hon. Friend the Member for Scunthorpe said that, under section 4, people cannot buy condoms.
Chris Bryant
That is perhaps a point for the Minister. I want to say to some religious organisations that it is time they understood the reality of the modern world and abandoned their views about procreation.
Chris Bryant
I hear what the hon. Lady says. I do not know whether what she has reported is true or not, which is why I hope that the Minister can reply. He said from a sedentary position that it was not true.
The hon. Lady is absolutely right to refer to the hideous conditions in which many people live. We need to do far more in this country to crack down on unscrupulous and poor landlords, who put people into housing that, frankly, is not fit for living. It has been a disgrace that successive Governments have not concentrated enough on that. Multiple removals are a waste of time, money and energy for the organisations involved, leaving aside the effect on families, and particularly on children who have to change school. I have already referred to slow decision making, and to how important it is that decisions are made swiftly so that people can organise their lives accordingly.
I want to ask the Minister what impact the bedroom tax will have—
Chris Bryant
I have heard the Prime Minister say that the bedroom tax is not a tax, which rather seems to give the game away.
Chris Bryant
The point is that neither will that measure redistribute scarce resources from the over-supplied to the under-supplied. I assure the hon. Member for Bedford that it is not a form of socialism. Child asylum seekers, if they come here under the age of 18, are normally fostered. As I understand it, the Government have admitted today that foster carers’ additional rooms will be counted as additional to their requirements. I fear that that will again crack down on families who want to provide legitimate support for people. What assessment has the Minister made of that?
I hear everything that my hon. Friends have said about the Azure card and section 4 support. I will not declare a new Labour party policy, I am afraid. Of course, the Government have to keep the concept of the card under review, because if it is genuinely more expensive to provide than the savings it brings, that is obviously to cut off one’s nose to spite one’s face. I will not make a new financial commitment today. The Government must, of course, review the amounts, and it is time that they got on with that this year.
I want to make a point about paperless children. A significant number of children who come to this country as asylum seekers say that they are 15, but the system says, “No, you aren’t 15; you are 18 or 19. You are an adult and should go through the adult process.” One difficulty is that many people destroy their papers the moment they get on an aeroplane. I wonder whether there is any means of ensuring that airlines scan the documents required to be shown before people can get on an aeroplane, so that if the documents are destroyed on the aeroplane, they are not entirely lost to the system, and people cannot thereafter claim that they are completely and utterly paperless and therefore stateless.
I congratulate the hon. Member for Brent Central on advancing this issue. Having seen, when Labour was in government, several ex-Ministers find conviction about policies that they did not necessarily exhibit when they were in office, I hope that she will retain her commitment when she returns to office, which I am sure the Prime Minister will want to enable very swiftly.
The Minister for Immigration (Mr Mark Harper)
It is a great pleasure to serve under your chairmanship, Mr Davies. I congratulate the hon. Member for Brent Central (Sarah Teather) on securing this debate. As she said, she and I met to discuss the report put together by her group of parliamentary colleagues, and I had the chance, both before and after that meeting, to consider it carefully. It will certainly go into the Government’s review specifically on asylum support rates. I thank her for her work and for the evidence. Two of the Members who took part in that work—the hon. Members for Ealing, Southall (Mr Sharma) and for Scunthorpe (Nic Dakin)—are here today. In the time available, I will deal with both her points and those made by other Members who spoke or intervened.
Let me first deal with the financial support. One point made by the hon. Lady today, and one of the key points in her report, is that the amount of money given to both asylum seekers and failed asylum seekers is very low and does not meet families’ essential living needs. It is worth setting out for the House exactly what is available. The legal test is whether it meets people’s essential needs, which are food, toiletries and clothing. A family of four receiving section 95 support, which is that given to those who have an asylum application that has not yet been decided, would get £178 a week to cover those essential costs. A family on section 4 support, which is where a decision has been made and they do not have a right to remain in the country, get £151 a week. It is worth remembering that they have furnished housing with no bills to pay. I accept that it is not generous, but I do not think it is ungenerous. It is lower than the income support equivalents, but people who are in asylum support accommodation do not have to pay any utility bills, buy furniture or meet some of the other costs associated with running a household.
The hon. Lady touched on the relationship between the section 95 support and income support levels, which is worth mentioning. For children, the rates are much higher than the 70% she talked about. For children, the rates range between 81% and 89% of the income support levels. It is true that the rates are less generous for adults. If we look at how we compare with other European countries on families—and therefore on children—we are rather more generous than most of our equivalent European neighbours.
Sarah Teather
The Minister will perhaps recognise that the rates vary according to the children’s age and tail off significantly at 16, where it would be expected that those children would be in full-time education, especially given the Government’s own policy to encourage everybody to be in education beyond 16. I have discussed the German constitutional court case with him in private. I do not know whether he has had a chance to look at it, but I am happy to send him the details. The support rates there were deemed to be inadequate to meet a family’s basic humane needs. It is difficult to compare our asylum support rates with those of other European countries, because they partly depend on how long someone is on them. It is worth noting that one of our neighbours has had to review its asylum support rates.
Mr Harper
I accept that point. It is worth making the point on the German case that our rates for families are rather more generous than the German rates. The hon. Lady is right that there was a court challenge and the Germans have had to make their rates more generous. Ours are significantly more generous. The point she makes about 16 and 17-year-olds is correct, but it is still worth noting that her report and, I think, others have referred to the rates being at least 70% of the income support rate. That is still the case for young people of 16 and 17, where it is 71%. It does fall below that for adults. She will be aware—she and I have discussed this—that we are in the process of reviewing the asylum support rates to confirm that they meet essential living needs. The initial work that we have done suggests that they do, but that work is under way. When we have completed it, we will make an announcement in due course.
The hon. Lady and others, particularly the hon. Member for Ealing, Southall, referred to individuals who have higher living costs, especially those with disabilities or complicated medical problems, who might need particular extra care or equipment. The correct way that they are supposed to be supported is through local authorities using their powers and duties under both the National Assistance Act 1948 and the Children Act 2004 to provide that extra support. It sounds like the hon. Gentleman has encountered some cases in his surgeries with constituents, and there were also some in the evidence given to the panel producing the report, where that does not always happen. Obviously I am happy to look at specific cases, so that we can ensure that local authorities are following up on their legal obligations.
Once people have made an asylum claim, if that claim is accepted and they are given refugee status and are permitted to stay in the UK, they have access to the full range of public services and benefits on the same basis as a British citizen. There are some issues about the transition from asylum support to those mainstream benefits, and the UK Border Agency and the Department for Work and Pensions are looking at those to see whether we can smooth that move from asylum support to mainstream benefits for those who are granted refugee status.
It is worth mentioning at this point the speed of decision making, which is important both from a human perspective and to ensure that people do not use the asylum system as a method of economic migration. I agree with the hon. Member for Rhondda (Chris Bryant): both our parties have been clear when in government that there is a distinction between providing refuge for people fleeing persecution and for people who move, perfectly understandably, for economic reasons. My hon. Friend the Member for Bedford (Richard Fuller) alluded to that. We now make 50% of asylum decisions within 30 days and 63% are made within a year, and we continue to apply pressure to maintain that progress.
Several hon. Members talked about whether asylum seekers should be able to work. Our view is that they should not be able to, to keep that clear distinction. However, under our obligations under the relevant EU directives, if we take more than a year to make a decision, an asylum seeker is able to apply to work, and we will usually grant them the ability to do so.
Mr Virendra Sharma
Does the Minister agree that when asylum seekers are not entitled to work, they sometimes find illegal work, which furthers the black market and disadvantages people who work in that field?
Mr Harper
The hon. Gentleman’s point would be correct if we were prohibiting people from working and not providing them with any support. While we say they cannot work, so as to maintain that important distinction, we do provide them with housing where the bills are paid and a basic level of subsistence to support them in the period before we make a decision.
In the four minutes I have remaining, I will say a little about the difference between asylum seekers and those who have failed in their claim. That is important and I have made this point to the hon. Lady. If we are to maintain the proud record that the United Kingdom has in giving people refuge from persecution, it is important that those who have gone through the appeal process through the tribunal system, where we will have looked at their cases carefully, and been found not to require that support leave the country. It is important to distinguish that those on section 4 support are those who have been found not to require our protection. They should be leaving the country. We support those cases where there is a temporary barrier to them doing so, but frankly they should not be here. I know that that is a difficult message for people sometimes, but we have looked carefully at their cases and they do not need our protection. They should return home.
Sarah Teather
I am aware that the Minister does not have much time, but does he recognise, particularly in the case of Zimbabwe, that people were left in a situation where the courts would not return them because it was unsafe, and for a prolonged period of time they were left on very tiny amounts of support?
Mr Harper
As I have said, if there are temporary barriers to their removal—I do not know the particular cases that the hon. Lady was talking about—we will support them, but if they are found not to require protection, it is right that they leave. That is why we have a different regime for those who have no right to be here from that for those seeking asylum.
We do not think that the Azure card is more expensive than administering cash payments. It can be used in major supermarkets, chemists, children’s and clothing retailers, and some charity shops, which deals with the point made by the hon. Member for Scunthorpe. The hon. Lady made a point about purchasing birth control or sanitary products with the Azure card, which she raised when we met. I have checked it, and there is no restriction on purchasing those products, although there are rightly restrictions on purchasing alcohol and tobacco. I agreed to look into those cases and have checked them, and there is no restriction on birth control or sanitary products, which is right.
I will deal with some of the points raised in the debate. On accommodation and people moving around, we have specific restrictions in our new Compass contracts on how many times people can be moved. People will normally go into initial accommodation when they first make a claim and then will be moved into their dispersal accommodation. They will be moved from that only if there is a good reason, such as if the property becomes unsuitable or if they request it. Under the contract, they are only allowed to be moved twice in an 18-month period. We should not see people being moved about frequently, because that raises a range of issues.
The hon. Lady also referenced the recent report by the Refugee Council about the dispersal of pregnant women. We changed our policies last August, which she acknowledged, and 19 of the report’s 20 case studies were prior to our policy change. That change should have dealt with some of the issues that have been raised. This has been a good debate, and I am sorry that I have not had time to deal with all the issues.
Londonderry and the City of London
(11 years, 9 months ago)
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Mark Field (Cities of London and Westminster) (Con)
It is a great pleasure to open this debate on the 400th anniversary of the start of the relationship between the City of London and County Londonderry. This debate provides an opportunity not only to mark the past but to discuss the future, as Londonderry faces the need for a renewed economic impetus as it continues to emerge from the decades of the troubles.
I suppose that my own experience and knowledge, having been born in the mid-1960s, was of Northern Ireland being the centre of all the troubles, and we are all very grateful that those terrible days—certainly the terrible death toll during the troubles—are behind us. I particularly recall the terrible death toll of 1972 when, as a young boy, Northern Ireland seemed to be a watchword only for these issues. Of course, we cannot be complacent. Only this morning, we hear news of certain issues—not in Londonderry, but in Belfast—that ensure that the security services and others must remain watchful and vigilant in Northern Ireland. Nevertheless, we can all be glad that the terrible days that scarred the Province and made such an impact on my own generation are now thankfully behind us.
This year—2013—is the 400th anniversary of the foundation of County Londonderry by a royal charter from King James I.
Mr Gregory Campbell (East Londonderry) (DUP)
I congratulate the hon. Gentleman from the very depths of my heart on securing this tremendously important and timely debate, and it is a very historic debate at that. He talked not only about the past but the future, and he is now moving on to discuss the events of 2013 and beyond. Does he agree that the recent event in the Guildhall in the City of London was a tremendous marker of the 400th anniversary and that we can build on the links between London and Londonderry to ensure that the economy becomes the driver, to ensure that young people who are deprived are given the opportunity for employment and to ensure that we really build on the history and legacy of the past 400 years?
Mark Field
The hon. Gentleman is absolutely right, and naturally I will come on to this issue later. I only hope that the coffers of the City of London will be strong enough to ensure that we will not have to wait another 400 years until there is another such glorious dinner in the Guildhall.
Of course, part and parcel of the creation of Londonderry was the creation of the Honourable the Irish Society, which was created by the same royal charter of 1613. I am sure that everyone here in Westminster Hall today is aware that the relationship between London and Londonderry is one that has had its fair ups and downs during the past four centuries. More importantly, however, the relationship between the City of London and Londonderry presents unique opportunities. In many ways, with the recent focus upon the Northern Ireland economy, the timing for this debate could not be more apt.
I am sure that hon. Members are conscious of the economic problems that we face in Northern Ireland today. The massive imbalance between the public and private sectors is the largest in any British region, and that has created a reliance on public funding that gives rise to some real challenges, particularly in the current economic climate. That imbalance, combined with below-average employment, means there is a strong and pressing need for increased private investment across the region.
I think that all parties in the House accept that urgent action is needed to help to remedy this problem, and I am pleased that the Government have assembled a working group to assess ways in which such investment can be achieved. Although I obviously do not represent a Northern Ireland constituency, I hope that I can play a small part in trying to ensure that that process bears some fruit. I have no doubt that the Treasury and the Northern Ireland Office, alongside their counterparts in the Northern Ireland Executive, are working very hard to find solutions to these problems. A growing, strong and resilient Northern Irish economy will benefit the whole UK.
As Northern Ireland looks for opportunities to boost its economy, this year presents County Londonderry with a distinctive position to begin to address some of the issues that I have mentioned, by utilising and building upon its historic connection with one of the centres of global business, finance and the arts. It is towards this purpose that the City of London, the Honourable the Irish Society, Derry city council and Coleraine borough council have been working together to mark the anniversary with a lasting economic and cultural impact.
Earlier this month, the City of London hosted a day of activities designed to boost County Derry’s visibility as a place to invest in among businesses and investors here in London. That day included an inward investment seminar, organised under the auspices of Derry city council and Coleraine borough council and their respective chambers of commerce, with valuable help from Invest Northern Ireland. The seminar was addressed by a series of business representatives, as well as by Arlene Foster, Northern Ireland’s Minister of Enterprise, Trade and Investment, and the mayors of both Derry city council and Coleraine borough council. It highlighted the potential of the growing technological and digital sectors in the region, as represented by the dedicated digital development projects of Digital Derry and Digital Causeway in Coleraine.
We only need to look at the evidence. The completion of the Project Kelvin communications link will provide County Londonderry with the fastest data link with north America in the whole of Europe. Derry city council is committed to becoming the first city in the UK with 100% fibre-optic broadband availability, and of course the university of Ulster is an industry-focused university with world-class technology research facilities and a dedicated school of creative arts. The digital sector can act as a key selling point upon which to build a modern vibrant economy for Londonderry and for Northern Ireland as a whole.
As the hon. Member for East Londonderry (Mr Campbell) mentioned, the seminar at the Guildhall was followed by an absolute first for the city of Londonderry: a dinner at the Guildhall hosted by the City of London corporation and facilitated by Invest NI, on the theme of inward investment. At that dinner, Northern Ireland’s First Minister, the Deputy First Minister, the Secretary of State for Northern Ireland, the lord mayor of the City of London and the governor of the Honourable the Irish Society all spoke. As someone who was there, I was glad that the speeches were relatively short and the toasts commensurately long, which is the right way round. It was an occasion that should not be underplayed, and it signalled the intention of all those involved in the Northern Ireland Executive, the City of London and—I hope—here in Westminster to move forward and foster a strong working partnership between County Londonderry, Northern Ireland as a whole and the City of London at the highest possible levels.
Mr Nigel Dodds (Belfast North) (DUP)
I congratulate the hon. Gentleman on securing this important debate. Although I represent a Belfast constituency, I am proud to say that I was born in Londonderry and lived there for the first 11 years of my life, so I want to see it do well and succeed. Does he agree that with the initiatives that he has referred to—the dinner and the special events, particularly this year—it is important that there is follow-up and follow-through on the part of Invest NI and others? I say that because, wearing my hat as a former Minister of Enterprise, Trade and Investment in Northern Ireland, the thing that I learned very strongly is that the follow-up to any action is absolutely key, as I am sure that the hon. Gentleman would agree.
Mark Field
The right hon. Gentleman is absolutely correct in that regard. Achieving follow-up is an inevitable problem of government, and not just within Northern Ireland. For example, one can look at the important initiatives that the UK Government are making in India. Without following those initiatives through, there is a difficulty. It is not simply a matter of a whole lot of politicians putting on a good dinner and everything else, and thinking that the problem is solved. There needs to be concerted action. I very much hope that all members of all parties in Northern Ireland will play their part in that action, and I also hope that, within the City of London, we ensure that we take on this responsibility, too.
It seems to me that, in recent months, the Honourable the Irish Society has been directly engaging with Digital Derry, Derry city council, Coleraine borough council and other local stakeholders. I am pleased to say that that engagement has resulted in the signing of a unique memorandum of understanding between Digital Derry and the Tech City Investment Organisation in London. It is unique in the sense that it is the very first such agreement to be signed between Tech City and any other UK-based digital cluster. Therefore, it gives a great opportunity, as the right hon. Gentleman correctly suggests, to drive this process forward before other parts of the UK have their chance.
David Simpson (Upper Bann) (DUP)
I thank the hon. Gentleman for giving way. Certainly, Londonderry has come a long way since the days of King James. However, to encourage young people to stay within the city of Londonderry and, indeed, within Northern Ireland, we need to encourage the skills side of things. The economy is starting to move forward, but we need to encourage our young people. As my colleague—my right hon. Friend the Member for Belfast North (Mr Dodds) —has already said, we need to follow up on these activities to ensure that our young people stay in Northern Ireland.
Mark Field
Of course, as I am sure any of the hon. Gentlemen sitting in Westminster Hall today would be keen to point out, Northern Ireland’s education record is actually fantastic; it is the best of any part of the United Kingdom. It is perhaps the flipside of having such a strong public sector that teaching as a profession is rather more highly regarded in Northern Ireland than is possibly the case in other parts of the United Kingdom. As I say, Northern Ireland has a fantastic record on education. However, as the hon. Member rightly points out, ensuring that that education is built upon with skills that are relevant for the 21st century, particularly in the key global industries that I have referred to, is vital.
Following the signing of this memorandum of understanding, a number of angel investors and media outlets have already expressed a serious interest in the development of the cluster to which I have referred. The signing of this agreement is just the first part of a long-term business plan for further development of the tech cluster in County Londonderry. I hope this will culminate in developing deeper connections to funding networks in and around the City of London, with the intention of creating an investment fund for businesses, supported by Digital Derry, and the development of Digital Derry’s Culture Tech festival and the Ebrington creative hub, through closer engagement with the Tech City businesses.
A renewal of this historical relationship would not be complete without reference to the huge potential not only for economic exchange, but for cultural exchange, especially given Derry’s proud record of and status as the UK’s first city of culture. Throughout the year, there will be a huge number of events designed to feed into this, to mark the history of the Honourable the Irish Society and reflect its present role as a cross-community charity.
June will see a joint performance of a specially commissioned anniversary cantata, “At Sixes and Sevens”, which will be performed simultaneously in the two guildhalls of London and Derry-Londonderry. I am a liveryman at the Merchant Taylors, which is one of the sixes and sevens. Hon. Members may be aware that there is a long-standing dispute, going back more than 400 years, between the Merchant Taylors and the Skinners, which has given us this phrase about being at sixes and sevens. That performance links into City history, and it will be a great success in June. The cantata will be performed by Camerata Ireland and the London Symphony Orchestra, in conjunction with the specially formed community ensembles, presenting a musical representation of the shared history of our two cities.
There will also be a programme of lectures, both in the City of London and in Derry, on the history and development of County Londonderry over the last 400 years.
It would be remiss of me to fail to mention the commendable and important work of the Honourable the Irish Society, whose anniversary has provided such a strong impetus for the programmes that I have detailed today. Each year, the society provides around 100 grants to community organisations across Derry, ranging from local sports clubs to youth organisations and senior citizens’ groups. It works closely with a number of schools and has worked with the university of Ulster, to help disadvantaged pupils from local secondary schools to achieve their potential. It also continues to manage and maintain the Bann river system, which contributes so much to the natural beauty of the area.
I am sure that this year will mark a new era for Londonderry and its wider relationship with London. The prospects on which to build an economic and cultural collaboration that benefits all parties are there. Through the hard work and dedication of those involved—at the Honourable the Irish Society, in Derry and in the City of London—I am sure that this anniversary can provide a genuine catalyst for future growth and prosperity.
Philip Davies (in the Chair)
The hon. Member for Cities of London and Westminster (Mark Field) and the Minister have both kindly indicated that they are happy for hon. Members from Northern Ireland to contribute to the debate. I am happy to facilitate that, because I appreciate that they want to do so. However, we need to leave some time for the Minister to respond, in fairness to him and the hon. Member for Cities of London and Westminster.
Mark Durkan (Foyle) (SDLP)
Thank you, Mr Davies. I appreciate your urging brevity.
I commend the hon. Member for Cities of London and Westminster (Mark Field) on his initiative in securing this debate, which provides a timely parliamentary opportunity to acknowledge the unique, although not always perfect or agreed or agreeable, relationship between the city of Derry, or Londonderry, and London and the wider county. Of course, the plantation remit given to the City of London was not just confined to the city, although a bespoke charter was given in respect of the city.
It is not a day to try to do a “Horrible Histories” version of events, suggesting that it was all just raucous fun and we can laugh about it now. Like others, I do not want to dwell on the past. I am not here to assert the restoration of the Gaelic ascendancy, or anything like that. We will do that on another day in a digital form, I am sure. However, it is important to recognise that the City of London has been making positive commitments to and engaging positively with not just my constituency of Foyle, which embraces the city of Derry or Londonderry, but the wider county. It is not just the City of London corporation that is involved, as the hon. Gentleman said, but the Honourable the Irish Society.
This is not a new interest contrived on the back of the 400th anniversary—the series of 400th anniversaries—that we have been celebrating in recent years, and it is not just occurring since the onset of the peace process and the more benign environment. The Honourable the Irish Society has engaged positively during the difficult times of the troubles with the Inner City Trust, for example, which worked to preserve the fabric of buildings, and helped restore some that had been damaged in the mad IRA bombing campaign that destroyed so much of the heart of Derry city. The Honourable the Irish Society was supportive in a discreet and sensitive way.
The society has a strong relationship with a number of schools in the city, not least some girls’ schools, helping them nurture some of their specialisms, including in science, culture and the arts. In the wider arts field, the City of London corporation and the Honourable the Irish Society have supported the Playhouse and other key parts of the cultural infrastructure of the city, including the Verbal arts centre and other amenities, all of which helped to create the pedigree that was part of the successful bid for the city to become the first UK city of culture. The society and the corporation supported the city in that bid and were helpful to many people who supported and contributed to it.
More recently, the City has helped to forge the partnership between the Digital Derry ventures initiative and Tech City. As the hon. Gentleman said, that partnership is full of all sorts of possibilities into the future.
During the 400th anniversary, people are creating and forging a new relationship—not hung up about the historic issues around the original relationship or any of the history or experience relating to that, but focused on the now and the future. That is why the event in the Guildhall earlier this month, which the hon. Member for East Londonderry (Mr Campbell) mentioned, was so important and positive. It was important not just because of the distinguished people who were present —the First Minister and Deputy First Minister, the mayors and the governor—but because there was an inclusive presence, including all sectors in the city and all sections in the larger county, as well. It was positive in that sense and people have gone away with positive ideas and ambitions and a real sense of commitment, which we will, of course, be holding the City of London to. We will be constructive partners who will contribute in a positive way to the City of London, not just by asking for interest and connections, but by encouraging investment and positive engagement by our own businesses in the life of the city and the wider economy here, as reflected in the spirit of remarks at the dinner, and as the hon. Member for Cities of London and Westminster indicated.
Mr Gregory Campbell (East Londonderry) (DUP)
I support the hon. Member for Cities of London and Westminster (Mark Field) in his debate. Like the hon. Member for Foyle (Mark Durkan), I, too, pay tribute to the City of London and the Honourable the Irish Society on the magnificent event, both the inward investment part of it and the evening part in the Guildhall recently. I do not want to pre-empt what might be said, but some announcements are in the pipeline as a result of that, and hopefully those will be the first of many announcements.
This issue unites communities across Londonderry, the county of Londonderry and all of Northern Ireland, because this is a positive legacy for the future. As the economy rises out of the recession we have all had to endure, people want us to build on that 400-year legacy. We have to drive forward the skills base alluded to by my hon. Friend the Member for Upper Bann (David Simpson) and my right hon. Friend the Member for Belfast North (Mr Dodds). We have to create end products and jobs. We have to motivate the small and medium-sized sector to ensure our connections with the City of London blossom into something viable and progressive for young people, and there are already emerging economies, particularly in the digital sector.
We are getting there, but we need more progress. We need Invest NI to be very committed, and it is. We need to see the end product. This is a tremendous day, and I thank the hon. Member for Cities of London and Westminster and others for their contributions, which I am sure will be welcomed at home.
The Minister of State, Northern Ireland Office (Mike Penning)
It is a pleasure to work hard under your chairmanship, Mr Davies. It is an honour and a privilege as Minister of State for Northern Ireland to participate in this debate to celebrate 400 years of history. As hon. Members alluded to, the relationship has not been the easiest at times, but we are where we are today, and we can take things forward for young people and the community in Northern Ireland.
I congratulate my hon. Friend the Member for Cities of London and Westminster (Mark Field) on securing the debate. In the short time I have been in Northern Ireland, one thing I have witnessed is people’s warmth and enthusiasm for moving on, particularly when I went to Londonderry for the first time. Actually, there was a bit of enthusiasm and warmth for me, which was interesting—people were very welcoming and friendly. More importantly, however, people were saying, “The past is the past. We can’t remove the past. The past is there. But we have to go forward.” The positive way in which Londonderry or Derry/Londonderry—if I get into the semantics, I will get told off again, but there we are—has dealt with the past, and is dealing with the future, could easily be replicated in more parts of the community, and it is important that people do so.
As we have heard, there are 400 years of history. Some of the language early on was interesting. The Honourable the Irish Society got its royal charter in 1613, but some of the language in it would be deemed somewhat inappropriate today. My researchers found a reference to
“the wretched state of the province of Ulster”.
That was 400 years ago; thank goodness we can talk about the Province in a completely different way now. Her Majesty summed things up when she was in Dublin castle. She said:
“With the benefit of historical hindsight we can all see things which we would wish had been done differently or not at all.”
Certainly, in terms of some of the language of the early days, including the plantation, and all that wonderful history—I say “wonderful” in inverted commas—Her Majesty summed things up brilliantly with that short sentence.
Things are very positive in Londonderry and Northern Ireland. We really have to pinch ourselves when we see where we are and how far we have come from the really difficult, dark times Northern Ireland went through. At the same time, as my hon. Friend alluded to, we must not take our finger off the pulse, and we must make sure that we do not drift back into those difficult times. I, too, praise the work of the Police Service of Northern Ireland and our security services in continuing to keep the peace. What we saw on the TV again this morning indicates that we must remain vigilant and move forward.
This is not just about the celebrations; there are so many things being announced this year that we are going forward with. The G8 is coming to Northern Ireland, and that was the Prime Minister’s personal decision. That is a huge fillip for the economy of Northern Ireland, and it says to the rest of the world that Northern Ireland is open for business; it is a place where people can come and do business. Only three weeks ago, I met the seven biggest Japanese business men in the UK, who had come to Northern Ireland with their ambassador to see how they could invest. I do not want to pre-empt some of the announcements that will come from the county of Londonderry and Londonderry itself, but I know investments are coming from that visit—those involved have told me that those investments will go forward. We need to do more of that and to sell the benefits of doing business in Northern Ireland and, in the context of this debate, Derry/Londonderry.
Mr Campbell
Does the Minister agree that one opportunity, as part of the 400th anniversary this year, relates to the fact that Londonderry is the UK city of culture? We can start, on a straightforward cultural basis, to build inward investment and events such as the one the Minister alluded to with the Japanese business people.
Mike Penning
I completely agree, and I will come on to the city of culture in a few moments.
The Northern Ireland Office and the Treasury have been keen to ensure that we invest. The Secretary of State has taken a particular interest in the city’s broadband technology, and funding has come from central Government here in Westminster to help facilitate that. While I praise what is going on in the devolved Assembly, therefore, we are also trying to do our bit, and we are encouraging people to go forward.
Another important event taking place in Northern Ireland in the near future is the police and fire games. For those who do not know just how important those games are—as an ex-fireman, I would say this, wouldn’t I?—I should point out that they are the second-largest athletic event in the world, behind the Olympics. They are taking place in Belfast later this year, and they are a huge event. In that context, I remember, as a young man, standing in admiration of Mary Peters as an athlete; I now stand in admiration of her for driving and doing things in the community. Very early in my time in Northern Ireland, I was standing on the tarmac at Belfast city airport waiting for His Royal Highness the Duke of York to come in. I had about 15 minutes with Mary Peters, who is the most inspiring person; it is no wonder she became such an athlete when she has so much drive and personality.
David Simpson
The Minister talks about how far Northern Ireland and the city of Londonderry have come, and I mentioned the days of King James earlier. The Wolfe Tones have now invited my hon. Friend the Member for East Londonderry (Mr Campbell) to one of their events, although, unfortunately, he is very busy. However, that shows how things have moved on. Will the Minister congratulate the cultural organisation the Apprentice Boys of Derry on their contribution in terms of the history of Londonderry and, of course, the famous walls of Derry?
Mike Penning
I join the hon. Gentleman in congratulating all the groups he mentioned on the work they do in the community. We were talking about how forward-thinking Londonderry is. As the marching season approaches, people can look across the Province at how it has been dealt with sympathetically and with trust and understanding. There are just as many marches, but the community has said, “We want to move on. We want to celebrate our culture and our history, but, at the same time, we want success for our young people and the community.” As the hon. Member for East Londonderry (Mr Campbell) alluded to, it is the young people who matter. We are going to hand things over to them in a very short period; life moves on very fast. However, we must make sure that what we hand over is right and proper for any young generation that comes forward.
My hon. Friend the Member for Cities of London and Westminster mentioned the society, and I pay tribute to its continuing work, some of which it has carried out over years and in difficult circumstances. That work is not just financial, but involves mentoring in schools and elsewhere. I hope that continues.
The main comment I want to make relates to something that has been touched on several times. It is all well and good having a lovely reception, with lots of nice speeches, and it is all well and good putting the finance together so that such things can take place. That is great: everybody can go out in their bling, and everybody is happy—but then what? Let us make sure that there is truly momentum to take things forward. The momentum we have at the moment can be accelerated. We should not wait for another celebration or centenary to come along, because that will be too late. The announcements the hon. Member for East Londonderry alluded to are coming soon, but let us build on them and go forward as fast as possible, so that we have a better future for everybody across the community. In that respect, I pay tribute to the way in which the hon. Member for Foyle (Mark Durkan) contributed to the debate. This has nothing to do with divisions; it is about the future, and that is all that matters.
Letting Agents
(11 years, 9 months ago)
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Sarah Champion (Rotherham) (Lab)
It is a pleasure to serve under your chairmanship, Mrs Brooke.
I requested this debate because of my concern about the growing problems faced by tenants and landlords across the country at the hands of unregulated letting agents. I am concerned that the Government appear to be making no moves to address those problems. We need a regulated sector for the protection of all. I make it clear that I am criticising not all letting agents but a minority who bring the profession into disrepute.
My parents have been in private rented accommodation with the same landlord for the past 30 years. They receive an excellent service, pay a fair rent and have clarity on their position. Increasingly, however, that is not the case for all. I find more and more constituents are being exploited by unscrupulous agents.
With the economy flatlining, we are facing the biggest housing crisis in a generation. The Government’s housing and economic policies are making that worse. House building is down; homelessness and rough sleeping are up. We have a market in which people struggle to get mortgages, and, unfortunately, most of us cannot rely on the bank of mum and dad.
A result of the growing housing crisis is that more and more people are locked out of home ownership and are forced to live in the private rented sector. I have no objection to that per se. In most of Europe, the private rented sector is the norm, but tenants over there do not suffer at the hands of cowboy letting agents, which is the big difference.
In the UK, the private rented sector is now bigger than the social sector. Last year, the private rented sector overtook the social sector for the first time in nearly half a century. Five million people, however, are on local authority waiting lists, and young people are now forced to wait well into their 30s before they can buy their own home, if they can ever afford to do so.
The Government should be building more homes and better supporting tenants and families. The gap between supply and demand is ever increasing. The private rented sector clearly has an important role to play in meeting housing needs, but to do so it must be a market that works for tenants and landlords, with no room for rogue letting agents and rip-off fees.
There are now 3.6 million households in the private rented sector, and a third of those families have children. Private renting is not just for young professionals. The Resolution Foundation predicts that by 2025, if the economy remains weak, 27% of low to middle-income families will be living in private rented accommodation. That is why I urge the Government to act now to impose regulations, because the problem is not going away; it is growing.
What are the issues of private renting? Many of those looking to find a home in the private rented sector, or who already live in the private rented sector, have to use a letting agent. The evidence shows that too many tenants are being ripped off by opportunist letting agents who fail to protect tenants’ money and who charge exorbitant fees that are completely opaque.
A report by Citizens Advice found that 73% of tenants are dissatisfied with the service provided by their letting agent, with a significant number having difficulty contacting their agent and suffering serious delays in getting repairs. There are cases of agencies, even large and well established businesses, running into difficulties because they have no client money protection, with the money of both landlords and tenants being lost. Shockingly, that has not prevented the owners of companies that have gone bust from resuming their activities at a later date.
Ryan Lee, a 24-year-old Cheltenham letting agent, has today been sentenced after pleading guilty to taking £13,500 from 13 customers. Husband and wife Chris and Lucy Mallows were among Lee’s victims. They handed him £900, which they believed would go into a secure deposit scheme. They also discovered that money they had given to Lee to pay their first month’s rent had not reached their landlady. At the time, Lucy and Chris were setting up their own oven-cleaning business, and they could not afford to lose the cash. When they first realised they had been conned and went to the letting agent’s office to investigate, they found the shop stripped of computers and in complete darkness. Lee spent 10 months on the run overseas before being caught. Responding to the case another local agent said:
“There have been incidents recently, all local and reported in the press, of three letting agents disappearing with thousands of pounds of clients’ money.”
Unfortunately that is not only a Cheltenham issue but a national issue.
Individuals who are trying to invest for their future represent the biggest increase in landlords in recent years. That novice group are easy pickings for rogue letting agents. Novice landlords have expressed the pressure that letting agents put on them to raise rents. Shelter finds that one in four landlords has raised their rents because a letting agent had told them to do so. Letting agents put pressure on landlords to issue very short contracts, which benefit only the letting agent as they can charge more fees for re-letting the property.
Letting agents are preventing tenants from directly contacting their landlords. There are no safeguards to protect tenants, landlords or reputable agents. All I request is that the Government create a level playing field in which tenants are treated fairly and landlords have fair competition. Currently, good landlords are being exploited and good letting agents are being undercut by rogues, which cannot be allowed to continue.
More than 4,000 managing and letting agents are estimated to be entirely unregulated. At present, it is still possible to set up a letting or management agency with no qualifications whatsoever. There is no need to conform to requirements of conduct or to provide mandatory safeguards for the consumer. There are no obligations on letting agents, unlike estate agents, to register with a redress scheme enabling awards to be made against agents for quantifiable financial loss to clients. Letting agents, unlike estate agents, operate outside of any legislation. As the Royal Institution of Chartered Surveyors puts it, letting agents operate in the property market’s “Wild West.”
A local agent commented in the Bristol Post:
“It’s all well and good to seek out an agent who belongs to a voluntary licensing scheme, but the average man in the street would reasonably expect consumer protection from any operator in our industry.”
He is right. People do not start their property search by looking for which letting agents have the most kitemarks; they search online for a property in a certain area that is within their budget. Once a desirable property is found, it is difficult to walk away, and I am certain the letting agent’s track record is not even considered.
Voluntary schemes have obvious drawbacks. The good agents comply with such schemes, and the cowboys ignore them. In 2002, the previous Government established the national approved letting scheme as an independent voluntary regulatory body. Industry-led bodies such as the Association of Residential Letting Agents and the Royal Institution of Chartered Surveyors have done good work in encouraging a responsible regulatory approach. Although the principles are laudable, however, at no time have the majority of letting agents in England been members of such schemes. Self-regulation has not delivered and we now need something stronger.
Steve Reed (Croydon North) (Lab)
Does my hon. Friend agree that it was wrong of the Conservatives on London councils to scupper plans for a pan-London registration scheme for landlords and agents so that tenants could have had assurance that they met minimum standards?
Sarah Champion
My hon. Friend makes a good point, and I completely agree.
Across the industry, there is a problem with rip-off and opaque fees charged by letting and management agencies. A national survey of letting agents found that 94% impose additional charges on tenants on top of the tenancy bond, rent or rent in advance. The citizens advice bureau in Dorset reported a client who was considering renting a three-bedroom property. He was shocked to find hidden in the tenancy agreement a requirement for him to pay £94 every six months for “search fees.”
The national survey also found huge variations in the size of such charges. Charges for checking references ranged from £10 to £275, and charges for renewing a tenancy ranged from £12 to £220. In some cases, additional charges for a tenancy amounted to more than £600, which is a vast amount of additional money for anyone to find. The fact the fees vary so much shows that those charging the premium are clearly making a huge profit.
Lucy Powell (Manchester Central) (Lab/Co-op)
Does my hon. Friend agree that letting agents’ charges to landlords are also absolutely extortionate? It is not just tenants who face charges; many landlords, when tenancies are renewed, must pay 10% a year in ongoing charges. I get many complaints in my constituency, as I am sure she does, from landlords who feel that the market needs regulation.
Sarah Champion
My hon. Friend makes a good point. It is both tenants and landlords who suffer from unscrupulous letting agents, and we must do more to protect them. This cannot continue.
Up-front fees present a significant barrier to low-income people looking to rent, in some cases with serious consequences. The charity Crisis contacted me about Danny, a 34-year-old man who became homeless after a family break-up. Danny was given a list of letting agents who were happy to take housing benefit tenants. He called them daily for several weeks, looking for a property. He was eventually offered a flat and told that he could move in after six weeks.
Danny secured a crisis loan to help him pay rent in advance. The agent asked him for a £250 administration fee, refusing to confirm in writing what the fee was for or to provide a signed tenancy agreement. The agent then told Danny that others were interested in the property and asked for an additional £800 holding fee to keep the flat off the market. He knew Danny’s situation but refused to reduce the fees. Although he tried to scrape together the money, Danny could not take up the tenancy. Having forgone his place in a winter shelter, he slept rough before going to Crisis. He is now living in a hostel and looking to move into private rented accommodation again. I would love to say that Danny’s story is unique, but it is not.
Mr Gregory Campbell (East Londonderry) (DUP)
I congratulate the hon. Lady on securing this debate. She is telling a harrowing story about the individual whom she named. Does she agree that regulation must include transparency and clarity about any additional charges, so that potential tenants and landlords can be absolutely clear what they are being charged and why?
Sarah Champion
I completely agree, and I thank the hon. Gentleman for that intervention. What I am asking for most is a shopping list of fees, so that people can go in with their eyes wide open. What I am finding is that people—whether tenants or landlords—enter a tenancy agreement, and then additional fees are sprung on them, which is unacceptable.
According to Which?, some tenants are being charged up to £90 to renew an existing tenancy: that is, to stay in a property for which they have already undergone checks and been paying rent. Equally insultingly, some letting agents charge £120 to check out of a property; let us hope that the hotels do not catch on to that scam.
I recently encountered a case in Rotherham in which a vulnerable couple with dependent children paid a month’s rent in advance and a £100 administration charge to the letting agent. They were not given receipts. The couple were informed that the property was available and were given a date to move in. However, the house was in a state of disrepair. There were structural problems and exposed wiring and damp, and it was not suitable to live in without work.
The couple did not waive their rights to a seven-day cooling off period, and decided not to move into the property. They telephoned and wrote to the letting agent to cancel the agreement within the designated time limit, but the letting agency made it difficult for the clients to get back their deposit and administration fee. It took considerable time for the letting agent to agree to refund the advance rental payment. No mention was made of refunding the administration fee.
A report by the independent Resolution Foundation found three key areas of concern regarding fees and charges levied by unscrupulous letting agencies. First, there is a substantial disparity in the fees charged by different agents for similar services, but no apparent difference in the quality of the service received. Secondly, moving into the private rented sector generally entails significant up-front costs due to fees and charges. Thirdly, charges are too often hidden in the small print and people are exploited by unfair fees that they were unaware they would face.
All those issues were highlighted in an investigation by the Office of Fair Trading whose findings were released two weeks ago. The OFT found that although the lettings market is a significant part of the UK economy, it generates an extraordinarily high level of complaints. The investigation found that the main areas of concern for tenants were surprising and high charges, confusion about holding deposits, misleading advertising, repairs not being carried out and the non-refund of security deposits. The OFT also found that landlords’ concerns focused, among other things, on agents not doing what was agreed in the contract and not passing on collected rents to landlords.
As a result of its investigation, the OFT has called for better up-front information, including clear tariffs of fees and charges at the start of the process and certainly before any contract is signed, and a redress mechanism so that landlords and tenants can sort out problems when they occur. The OFT has also called on the Government to require agents to sign up to a code of practice or join a redress scheme, and it questions whether the level of consumer protection provided by law is right for the sector.
With such a weight of evidence, why is it that despite the reports from Citizens Advice, the Resolution Foundation, Which? and now the Office of Fair Trading, despite the calls for action and support for change from millions of tenants and landlords and despite calls for change from the industry itself, including the Association of Residential Letting Agents, the Labour party and the Royal Institution of Chartered Surveyors, the Government have so far not been moved to act? They voted against the Labour Opposition motion last month calling for action on the private rented sector, including on letting agents. The Government did not accept Baroness Hayter’s amendment in the Lords to include letting agents in redress schemes, which would have been a small step towards greater protections for tenants and landlords, and one of the first actions of the then Housing Minister, the right hon. Member for Welwyn Hatfield (Grant Shapps), was to scrap the last Labour Government’s proposals to regulate letting agents.
I hope that this Minister for Housing, the hon. Member for Hertford and Stortford (Mr Prisk), despite having voted against Labour’s proposals last month, will now consider changing course. Action to regulate letting agents would benefit tenants and landlords, providing protection for their money and appropriate redress mechanisms. It would also benefit the industry as a whole, protecting the reputations of responsible agents, and the economy: a report by the Royal Institution of Chartered Surveyors found that regulation of the industry could generate more than £20 million in benefits per year to the UK economy. Given that millions of families throughout the country are living through the biggest squeeze on living standards in a generation, action on fees would ease the pressure for tenants.
Will the Government act now to protect tenants and landlords by regulating letting and management agents? It is not a party political request; regulation is supported by the industry itself. Will the Government act now to end letting agents’ confusing, inconsistent and opaque fees and charges by ensuring transparency and comparability? Will they undertake to review the fees that letting and management agents can charge? Labour has repeatedly called on the Government to act now to change the private rented sector so that it works for all. There is no better place to start than with the lettings industry.
Damian Collins (Folkestone and Hythe) (Con)
It is a pleasure to serve under your chairmanship, Mrs Brooke. I congratulate the hon. Member for Rotherham (Sarah Champion) on securing this debate and on her speech. She raised an incredibly important point. For me, one of the interesting things about this debate is why our private market is failing when there are many different agents who charge different fees and many properties available. One might expect that people would shop around in that situation and go to better landlords and agents that charge lower fees, but that does not seem to be happening. My speech will focus on why I think the market is failing and what we can do about it.
The point is well made about the disparity in fees, what they are for and why they are charged. I got someone in my office to conduct a mystery shopper exercise in Folkestone, in my constituency, and was interested in the results. I will not pretend that every agent was asked, but I was amazed by the range of fees charged by different agents.
To give an example, an inquiry was made regarding a standard joint tenancy for two adults in work in a flat in Folkestone. The rent for such a flat might typically be between £500 and £600 a month. One agent, when asked, said that their fee structure included a £220 administration fee, a £50 if there was a guarantor and a £120 additional charge on contract completion, totalling £390. There was then a month’s deposit up front, which is standard for most properties, plus £100. Someone paying all the fees could easily pay nearly £500 in charges apart from the deposit, or more than £1,000 just to move in. That is before they have walked through the door. Many people would find it impossible to raise the kind of money to move into such a property, and there are moving costs on top, so someone could easily be paying more than £1,500 just to move into a property. Someone on a low income would not be able to raise such money.
In that example, the fees for the property were quoted by a company called Evolution Property Lettings, which operates in Ashford and Folkestone. I was interested to see whether its fees were typical: it was charging £390 in fees, plus an additional £100 on the deposit, so £490. Another agent, Fell Reynolds in Folkestone, was charging £60 per person in fees—no other administration charges or renewal fees—and only a month’s deposit, without the additional £100.
Someone would save several hundred pounds in fees simply by using a different agent. I am sure such companies have reasons for their fee structure. Jenny, one of my constituents who is thinking of renting a property through Evolution Property Lettings, asked it why it charges those fees, what they are for and why they are different from other agents’ charges, because there is clearly a massive disparity in fees charged for a similar amount of work.
The challenge is why people do not have the information or the confidence to ask around. Does more guidance need to be given to people to suggest what fee structure different agents charge, that they should shop around and ask, that they should go to a reputable agent and that they should challenge agents on the fees that they charge? We should certainly be suggesting that as elected politicians and local authorities should do the same; with citizens advice bureaux, therefore, we are all people who can give advice and, I hope, shame some organisations into being more transparent about their fees and, where possible, into reducing them.
The culture of fees being charged—as I said, the fact that it might cost someone £1,000 to move into a property—blocks up the private rented sector, and that leads to such market failure. The hon. Lady gave an example of tenants who live in a property in a poor state of repair, and I am sure that Members of Parliament throughout the country could all give plenty of other examples from our constituency casework. People live in run-down properties—perhaps containing a category 1 or 2 hazard, as defined by the Housing Act 2004, which would give the local authority the power to intervene—but why do they not move?
One of the reasons why people do not move out of such properties is that they cannot afford to. The managing agents know that, and they will therefore happily sit there and do little to intervene. By the time the local authority inspects the property and requests that the agent or landlord carries out work, many months will have passed. The landlord might then propose to carry out the work but not do it, and so it would not be atypical for more than a year to go by before any definitive action is taken. We have to look at how to clamp down on that element.
How can we make people do the work that they are supposed to do? How can we empower tenants to exercise their rights? There are two elements to that. First, we should all be concerned that most of the worst cases are paid for by the taxpayer, because most of the people pay their rent out of housing benefit, even though they rent in the private sector. Why are we paying housing benefit through poor letting agents to slum landlords? Why do we allow things to continue for a long period before anything is done?
I sympathise greatly with the case made by the hon. Lady, but we may diverge because I think that registers might not be enough. Registers have to be enforced; people have to inspect the properties. The problem that we face is that the inspection work has not been done. Local authorities have the power to inspect properties to force change, but why is that not being done?
When the subject was debated in the main Chamber last month, it was pointed out that it is sometimes difficult to identify who the landlord is to get them to take action. The one thing that we control, however, is the money supply. If we can turn off the money, we would find that the landlords will act pretty quickly, because most landlords want high occupancy in their properties. If they were told that they will not get their money for a month or two and that the work only costs up to £1,000 or so, they would pretty quickly carry out the work. If the agent did not receive the rent on behalf of the landlord, we can be pretty sure that the landlord would soon want to know what was going on. The best way to police rogue letting agents might be to make landlords more challenging about the way that their money is spent in the fees they pay.
I am asking the Minister whether, in the reforms proposed, we are looking to empower tenants to take control of the housing benefit paid out in their name. Should we consider what additional protection we can give to a tenant who tells a landlord or letting agent, “You are not maintaining this property correctly. It is a hazard to me and my health. I believe you are in breach of our contract. Therefore, I am going to withhold the rent I pay to you—the housing benefit you would receive through me”? I believe that many people would be fearful of taking that course of action—fearful of eviction or legal action taken against them—so should we consider how to empower and protect tenants in that situation, so they can withhold their rent or housing benefit?
Lucy Powell
The hon. Gentleman makes an excellent point about housing benefit recipients and their relationship with landlords. Does he agree that, under universal credit, with the money going to the tenant rather than directly to the landlord, the onus on the tenant to take action against unscrupulous landlords will be even more challenging than in the current climate? Therefore, will he support Opposition amendments to universal credit, so that we keep the system of paying rent direct to the landlord?
Damian Collins
I understand the hon. Lady’s point. The mechanism of making direct payments to landlords could be seen as an incentive to landlords to meet their obligations, because it is massively in their interest to have direct payment of housing benefit: they have sitting tenants; there is massive demand for property; and they are given a guaranteed income, which effectively comes from the Government, one way or another, rather than from a tenant. I can understand how that works in the existing system. With the reforms, however, we can tell tenants, “You will receive the benefit. You can make that decision, but perhaps you need more understanding of your rights and what protection in law you have.”
I do not want to use this opportunity to make up Government policy on the hoof, not that I am in a position to do so anyway, but I have a suggestion. If extra protection is needed, should there be a rent order or something that a local authority can issue to say, “We do not believe that any more rent should be paid on this property by the tenant until the work is completed”? It could also state, “We believe that the tenant in this case is protected in law and cannot be evicted. No legal action can be taken against them until the work is completed. We will inspect it.”
Given that we are paying out of our taxes for failure in the private rented sector and that we are paying slum landlords through housing benefits, how can we use the mechanism of the money that we control to encourage them to invest in their properties more promptly? If they do not, they might otherwise risk losing the benefits. If housing benefit was not paid out, I would prefer tenants to be able to use the money instead for a deposit on a new property that they might wish to rent and to pay for some moving costs. They would then be empowered in the market, so that they could pick up and go elsewhere. At the moment, they are restricted from doing that; they cannot afford to move out of their rented property because of the charges.
My question to the Minister is, how can we work with the proposed housing benefit and universal credit Government reforms to empower tenants, so that the private rented sector works as a proper market and so that tenants are in a position genuinely to pick up and move and go somewhere else—to a different property or agent—if they feel that they are being ripped off or being made to live in slum conditions that are not tolerated and that are in breach of the 2004 Act? That could be a more empowering mechanism for the tenant, and much easier to deliver, rather than having an army of local authority inspectors running around after and chasing up letting agents and landlords.
With the best will in the world, that regime was enabled by the Housing Act introduced by the previous Government, but it has not solved the problems, because the scale of enforcement is so great. However, if we can empower tenants to take action and protect them as they take that action, by taking their business elsewhere, that could be a ready solution to the problem. That is the thought that I suggest. We control the money supply, so perhaps we can use that to stand up for tenants in dire straits, in poor housing and on low incomes. We can protect their interests by standing up for them against the landlords who exploit them.
Before I finish, I apologise to the House. I should have referred to my entry in the Register of Members’ Financial Interests before I made my speech. I hope that you will accept my apology, Mrs Brooke, and my reference to the register at this point.
Paul Blomfield (Sheffield Central) (Lab)
I congratulate my hon. Friend the Member for Rotherham (Sarah Champion) on securing the debate and making such a comprehensive and convincing case for regulation. I am also pleased to follow the hon. Member for Folkestone and Hythe (Damian Collins), because there seems to be a cross-party consensus on the need for action and the depth of the problem, although we might not be at quite the same point in some of our conclusions.
My hon. Friend made an important point about the growing importance of the private rented sector in a housing market in crisis. She said that 3.6 million households are in the private rented sector, and by the end of the decade about 20% of households will be in that sector.
Crisis, the charity for single homeless people, has said that for many households, including those on low incomes, the private rented sector is not fit for purpose—a devastating criticism. It highlights the conduct of letting agents as a major issue among a range of problems. They charge extortionate fees—typically for reference checks on tenants, contract preparation, deposit handling and tenancy renewal—that are often disproportionate and lack clarity because they may not be charged until after the tenant has signed the contract or paid a deposit, a practice known as “drip pricing”.
Holding deposits are often required from tenants who have decided to rent a property, but it is not always clear in what circumstances and how much of the deposit will not be refunded if the tenant decides not to proceed with the tenancy. In some cases, letting agents have taken holding deposits from two or more tenants for the same property.
Crisis raises a number of other points, which make clear the depth of malpractice by letting agents. That does not apply to all letting agents, but to a significant enough number for Citizens Advice research to come up with the conclusion that 73% of tenants were dissatisfied with the service they were providing. That is a devastating figure.
My city centre constituency has many houses in multiple occupation and faces many of those problems. I am sure that many hon. Members will make points about different sectors of the community that face difficulties; I want to highlight students because I have about 32,000 of them living in my constituency.
Student accommodation has a certain image, perhaps embedded in our memories from the classic images of Neil, Rick, Vyvyan and Mike in “The Young Ones”. However, in reality, students want and deserve a decent standard of accommodation. Some students in Sheffield are fortunate if they have accommodation provided by our two universities. Students voted the Sheffield university accommodation the best in the United Kingdom—
Paul Blomfield
Sheffield beats Manchester in many ways—[Interruption.] Not at football at the moment, but I dream on.
Most students spend some time in the private rented sector, particularly after their first year. Good quality accommodation is available in the private sector, but there are numerous cases of quality not being good enough. The student advice centre at Sheffield Hallam university student union has raised several issues of concern that students are reporting.
First, students are encouraged to sign up for tenancies early and are misled by letting agents into believing that there is a shortage of accommodation and that it is a landlords’ market, when it is not. They are encouraged to sign up for tenancies in October or November in the year prior to the start of the tenancy, which for first-year students is just after they have started their course. They are asked to make choices nine months or so before occupying the accommodation, which leads to a range of issues with disrepair because letting agents, on behalf of landlords, make promises of improvement work to secure the tenancy, but then simply do not carry out the work or, if repairs are done, they may not be done by the time the new tenants move in.
Letting agents encourage students to sign up to tenancies early because students worry about not being able to find somewhere else to live, and that often forces them into joint tenancies with people who may be first-week friends and between whom there is no lasting bond. That can cause real difficulties when people try to get out of contracts but are unable to do so. Some students sign up too early to take account of how their course is going. They may not proceed with the course, or they may transfer to another university or take a year out, but they are still locked into their contract if they sign it within a few weeks to going to university.
Some letting agents and landlords take advantage of students’ transient tenancies. They are usually in a property for only a year and action for remedy may take a long time, so there is often no incentive for students to take action if they will be moving out within a relatively short period. Letting agents and landlords are aware of that and often do only minimal repairs because they think they can get away with it.
Only last Thursday, a group of four women students from Sheffield Hallam university came to see me to share their experience. They had faced a catalogue of problems last July when they collected the keys for their new home, which was unfit to move into. Among a range of issues, the house was filthy and full of rubbish, mattresses had blood and faeces stains, there was no carbon monoxide detector, taps and toilet seats did not fit correctly, blinds were broken and the extractor fan was broken.
When challenged, the letting agent simply said that there had been a busy change-over period with 400 students moving out on 30 June and 400 moving in on 1 July. However, the agent knew that that would be the case; it is like the staff of the refreshment kiosk at Bramall lane complaining that they cannot serve customers at half time because everyone comes in a 15-minute period. Letting agents know when the student change-over will happen, and there is no need for them to organise contracts in that way.
Most contracts for university-provided accommodation are for 42 weeks. Agents know that most students do not want 52-week contracts. The only benefit of a 52-week contract is that landlords get the rent, and that is the wrong driver. There is no reason why tenancy start dates cannot be staggered to allow for inspections and appropriate cleaning and repairs. The house that the young women were expected to move into was uninhabitable for two weeks until they forced basic action to be taken. Not unreasonably, they asked for their rent to be waived for that period, but they were told no, because they had signed their contract and had chosen not to live there.
The problems did not stop there. Sensibly, as young women they wanted individual locks on their room doors, which showed the marks of having had fitted locks previously, but they were told that under the contract they were not allowed to fit locks themselves and that the letting agent would arrange that at a charge of £80 a door. Such scams are unacceptable.
The student advice centre told me about wider problems with tenancy agreements from letting agents. They often do not contain the necessary legal information such as the landlord’s name and address so the students may not know who their landlord is. When they ask the agent, they are often told that they are not allowed to know.
Some agreements contain unfair terms that would not be enforceable in a court of law—for example, that tenants may not have friends or family staying at the property. There is a significant problem with letting agents on behalf of landlords failing to give students 24 hours’ notice that they will be doing repairs or showing prospective tenants round, and they may let themselves in with keys, sometimes without knocking.
The best letting agencies share the aspiration to stamp out bad practice, and the Association of Residential Letting Agents, the largest representative body, has called for statutory regulation. That is the nub of the problem. The absence of legislation governing letting agents is extraordinary.
Agents may voluntarily join a regulation scheme, but it is estimated that only 60% do so. Those who choose to join a scheme are likely to be the better and more responsible agents, but there is little that can be done to restrict the actions of the unscrupulous. It is an extraordinary omission that letting agents are not covered by the same requirement to be part of an approved redress scheme as estate agents under the Estate Agents Act 1979. Professional bodies for letting agents provide complaints procedures, but those agents who are not members are often the ones for whom tenants most need the procedures.
The problem is getting worse. The property ombudsman saw a 26% increase in complaints about letting agents between 2010 and 2011—a 26% increase in one year. There is a real need for a process by which all complaints and concerns can be addressed. An amendment to bring letting agents within the scope of the 1979 Act was tabled to the Enterprise and Regulatory Reform Bill in the House of Lords, and it would have been a positive step if the Government had accepted it.
The point we are all reaching is that greater regulation is needed. There is a consensus across the UK. Scotland has already banned the charging of fees by letting agents. In its upcoming housing Bill, the Welsh Assembly is seeking to require them to register and become accredited. As my hon. Friend the Member for Rotherham said, the OFT and Which? have called for action to be taken to tackle bad letting practice. Regulation would benefit tenants, landlords and decent letting agents.
Annette Brooke (in the Chair)
Order. May I just remind people that the winding-up speeches will begin at 3.40 pm?
John Pugh (Southport) (LD)
It is a pleasure to serve under your chairmanship, Mrs Brooke. I congratulate the hon. Member for Rotherham (Sarah Champion) on introducing this topic. She has kept the pressure on, and she put her points in a very lucid way.
We all acknowledge that there is a problem. For a variety of reasons, there is an increasing number of new landlords in the private rented market. Some people go in for buy to let. Two of my daughters, who are married, are coincidentally temporary landlords by virtue of not being able to sell their houses—one in Wales and one in London—and they could not let them without using a letting agent. There is also increasing demand for rented property as people fail to stump up the deposit and the finance to purchase their first home.
That all leads to an increasing reliance on letting agents, and there is no dispute that that is a problem. In terms of service, a great deal is left to be desired by the letting process and by the way in which repairs are conducted and deposits are handled. People have illustrated quite forcefully that there is not the same transparency in the system as we would expect from a reputable business.
That is reflected in the high level of complaints we get. At the top end of those complaints are issues of downright theft and sharp practice. We are looking at an unregulated market, and everybody—the OFT, Shelter, charities concerned with homelessness and the political parties—acknowledges that. The Liberal Democrat conference passed a motion emphasising its concern.
The Government acknowledge the problem. In a recent debate on the subject in the main Chamber, the Under-Secretary of State for Communities and Local Government, my right hon. Friend the Member for Bath (Mr Foster), made it clear that they would keep the regulation of letting agents under review. When he was in opposition, the Housing Minister spoke favourably of such a proposal.
We all agree, therefore, on the problem. There tends to be a difference of opinion, however, when we come to the solution. One solution staring us in the face is simply caveat emptor: basically, let us have a smarter set of customers. However, that is clearly an inadequate solution and an inadequate hope. Many players in the market—landlords and tenants—are novices. They are making critical decisions, they are short of cash and they are often going through the trauma of moving home, which, as we all know, is one of the major traumas in life.
The second solution, which is favoured by some, is voluntary registration. That leaves out what the hon. Lady called the cowboys. Of course, they are not immediately identifiable: they do not all have stetsons and holsters so that people can pick them out straight away. Even if they did, voluntary regulation has been tried, and it has not been found to be a sufficient solution, because complaints have not gone down. It was a laudable move, and we have to support it, but it is obviously not sufficient to deal with the problem.
Then we come to the thorny issue of whether we need more regulation, legislation or compulsory registration of letting agencies. The Government are right to be sceptical about over-regulation, but it is not obvious what such a proposal would result in. It is not obvious that the burden will in any way be increased for good letting agents, who already pay for voluntary schemes of one kind or another and accept the administrative cost of that. Any scheme we embrace will also presumably be self-funding and therefore not a call on the Government’s sorely stretched coffers. It is not clear in any case why regulation is inappropriate. How would we answer the question: why should estate agents be regulated, but not letting agents? There is no really good answer. Furthermore, if we have a better regulated market, we will deliver some sort of social good. Despite the fact that there is a threshold to be crossed, and despite the fact that this environment is not utterly lawless—there are sensible pieces of ordinary civil law legislation that apply to it—there does seem to be a case for effective market intervention, which would presumably start with some sort of compulsory regulation of letting agents.
The decisive issue is this. We all accept that the issue is in the balance: it is not one on which people have dogmatic or doctrinaire ideas, or which they resist out of an ideological preference. Equally, the issue will not go away, and the problems are on the increase. In introducing regulation, the Government will not reduce the supply of property. The more likely market effect is that they will drive landlords, who one assumes will be just as numerous as ever, to use the services of reputable agents, not agents who are unworthy of effective registration.
Of course, regulation is supported by the Royal Institution of Chartered Surveyors and players in the industry. It is not evident that good markets are unregulated markets. It is also not evident that regulation in this case will necessarily be onerous. I accept the point made by the hon. Member for Folkestone and Hythe (Damian Collins) that regulation is not necessarily sufficient. Whether or not we have regulation, the elephant in the room is enforcement. We need to draw attention to the fact that most local authorities have quite a lot to do managing their existing budget and delivering the formal commitments the public expect them to deliver, without venturing into a territory where the public may not notice whether they are delivering. Such things would be an easy hit for those who want to reduce council expenditure, and most local authority chief executives are, unfortunately, in that position.
Although regulation is not a sufficient move, therefore, it is the right move; it is a step in the right direction, and I applaud the hon. Lady for having pushed us a little further in that direction.
Annette Brooke (in the Chair)
Order. Four Members are standing, so I am calling for self-regulation.
Lilian Greenwood (Nottingham South) (Lab)
I am pleased to have the opportunity to speak in the debate. I congratulate my hon. Friend the Member for Rotherham (Sarah Champion) on securing the chance to raise issues that affect increasing numbers of our constituents living in rented accommodation and on setting out the arguments so thoroughly and eloquently.
Like many hon. Members present, I was confronted with something of a dilemma over whether to speak in this debate or the debate in the main Chamber on the bedroom tax. Unfortunately, that highlights the fact that those who are not in a position to own their own home face increasingly serious problems, which this Government seem unwilling to address, because they have failed to build more affordable housing and left tenants and landlords to fend for themselves in an unregulated lettings market. Unfortunately, the Government are willing to make the situation even worse through their unfair and unworkable changes to housing benefit. With more than 6,000 households in Nottingham affected by the bedroom tax, more and more families on low incomes will be forced out of their council or housing association homes and into the private rented sector.
As we have heard, 8.5 million people—16.5% of households in England—live in the private rented sector, and two thirds of those households have children. The numbers are rising. Many of those people do not want to rent privately. Every week, I meet people in Nottingham who would love to buy their own home, but who cannot get a foot on the property ladder, and there are more than 10,000 people in Nottingham waiting for a council home. But the Government are not building enough of those desperately needed affordable homes. If we accept that many households, especially those on low incomes, are going to need the private rented sector, we must ensure that the sector is fit for purpose and that it offers renters the security they need.
Steve Reed
Does my hon. Friend agree that it is unacceptable that in Croydon, where there are nearly 8,000 people on the housing waiting list, last year only 420 new social homes were built in the entire borough?
Lilian Greenwood
My hon. Friend is right, and that is why it is so disappointing that the Government are so far behind their targets for affordable rented housing.
As we have heard, there is no legislation covering letting agent practices. It is still possible to set up as a letting agent with no qualifications. There are no requirements as to conduct or for the safeguarding of consumers as there are for estate agents, and no obligation to register with a redress scheme. Letting agents simply operate outside any legislation. Agents can voluntarily join a regulation scheme, but it is estimated that fewer than 60% do so. There is no shortage of evidence that supports the need for action. As my hon. Friends have said, an investigation by the Office of Fair Trading found that the lettings market generates a high level of complaints, and the main areas of concern for tenants set out in its report published earlier this month included surprising and high charges, confusion about holding deposits, misleading advertising, repairs not being carried out on the property and non-refund of security deposits. Crisis, the charity for homeless single people, reported similar areas of concern. The property ombudsman reported a 26% increase in enquiries or complaints about letting agents between 2010 and 2011 and, as we have heard, Citizens Advice found that 73% of tenants whom it surveyed were dissatisfied with the service.
Experience from my constituency, consistent with those findings, highlights the need for action by the Government to regulate the private rented sector and, specifically, letting agents. Like my hon. Friend the Member for Sheffield Central (Paul Blomfield) I represent a constituency with many students. Some neighbourhoods, particularly Dunkirk, Lenton, Radford, the Park, Wollaton Park and Lenton Abbey, which are close to the campuses of the university of Nottingham, have high concentrations of private rented sector accommodation and especially homes in multiple occupation. Some years ago residents established the Nottingham Action Group on HMOs, because they shared a concern about the way their neighbourhood was being affected by the changing use of local housing. The group has vast experience of the impact of the private rented sector in the city. When I asked for views on letting agents I was told that the most common complaint is agents failing to sort out repairs or carry out regular maintenance. Of course that does not affect only the tenants of the property in question; it often affects neighbours and the wider community, either directly or indirectly, because the local environment becomes run down, the street looks uncared for and further problems flow from that.
However, NAG also had regular reports of other problems, such as agents sending prospective tenants round to view a property without making an appointment, or simply telling them to call round on the off chance. When the current tenants complain they are told to put up with it because the sooner the property is let the sooner people will stop dropping round unexpectedly. There are also reports of agents failing to give prospective tenants sufficient time to look at the property, and pressuring them to sign tenancy agreements and property inventories on the spot. It has been found that agents do not return deposits readily. There is evidence of agents who do not know, or wilfully disregard, legislation. One recent example of that in Nottingham was an agent who has now been fined twice for letting HMOs that required a licence but did not have one. NAG also raised concerns about agents hiring contractors to put up “to let” boards without overseeing the work. Boards have been fastened to fences belonging to neighbours’ properties, and to trees. Thanks to the persistence of NAG, working alongside Nottingham city council, and with the support of landlords and tenants, there are now local controls on the use of letting boards. However, some agents are still acting inappropriately and using every means that they can to circumvent the controls.
The university of Nottingham student union echoed similar themes when it submitted evidence to the Select Committee on Communities and Local Government inquiry into the private rented sector. It said:
“We believe that there need to be mechanisms in place to encourage landlords and letting agents to continually improve the standard of their housing stock. Having worked alongside UNIPOL”—
a voluntary accreditation scheme—
“for many years, we have seen the benefit of accreditation schemes. However, we have concerns that voluntary codes will never catch those landlords who continue to provide low quality housing. We believe that additional licensing in addition to properly supported and valued accreditations schemes would result in improved standards”.
On the regulation of landlords and letting agents the student union was equally clear:
“We believe that registration would improve management of properties by landlords and letting agents. To be registered would indicate that a landlord or letting agent were ‘fit and proper’ to manage properties…working to minimum management standards, and exclude those few landlords whose informal practices leave their tenants in a vulnerable situation”.
I recently heard from Ben, a student in Lenton, who provided a detailed account of the problems he and his housemates had faced. He says:
“Neither us nor our neighbours who are also with the same letting agency received an inventory until quite recently, despite the fact that we were pestering the agency since September. We send e-mails to the landlord and property manager often with complaints and he responds by saying he or one of his agents will come and inspect the property and sort the problems. When and if they come they say things will be sorted and leave and the problems persist with nothing being done. Often they don’t come at all. Our concerns are ignored and disregarded and there seems to be no simple and easy way in which we can launch a complaint and get our issues resolved.”
The Government need to act now to protect tenants like Ben and their neighbours, landlords and the reputations of responsible agents. They need to put an end to confusing and inconsistent fees and charges, so that people understand what they are paying for at the outset and can compare different agents. They should introduce measures to promote longer-term tenancies and predictable rents and should introduce a national register of landlords and give local councils the powers they need to raise standards and tackle rogue landlords. The need for action is clear. It is time for the Government to get on with it.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
It is a pleasure to serve under your chairmanship, Mrs Brooke. I congratulate my hon. Friend the Member for Rotherham (Sarah Champion) on securing this important debate. I shall not attempt to repeat any discussion of the many important issues raised so far, particularly about the experiences of tenants in the private rented sector. I just want briefly to focus on that sector in Newcastle.
Since I was elected, housing has been the No. 1 issue, week after week, that constituents have brought to me. They tell heart-rending tales—I will not recount them here. It is clear to me that a secure roof over one’s head is incredibly important not only for the security of family life, but for mental well-being, for being in a fit state to go out to try to get a job and for the quality of life to which we should all have a basic right. That is why I have launched a campaign in Newcastle to improve the availability of affordable housing, focusing on bringing empty private sector homes back into use and encouraging the building of new affordable housing.
It is clear, however, that new affordable housing cannot be built fast enough and that the private rented sector is increasingly important. I should like the Minister to say that he recognises that the private rented and social housing sectors are directed at different markets. Frequently, in response to questions on the bedroom tax, the Conservative party seems to say that, because certain measures may exist in the private rented sector, similar ones are acceptable in the social housing sector. There seems to be no recognition of the fact that there is a key difference, because many of our more vulnerable constituents live in the social housing sector.
It is important that there should be a strong private rented sector. In Newcastle, the average rent in the private rented sector is £120 a week, whereas it is £67 for council housing. That is beyond the reach of many of my constituents. In the last 12 months that data are available from Shelter, 1,055 landlords started the process of removing tenants in Newcastle. In the same period, only about 350 new homes were started, so the importance of a properly regulated and working market in the private rented sector is clear to me as the local MP. That is why I support the measures that we are proposing to regulate private rented sector letting agencies. In addition, it is clear that good letting agents, of which there are many, often support that as well. They do not want to be tarred with the same brush as those whose behaviour, as we have heard today, is invidious and heartless.
Government Members have spoken about the private rented sector as a market, and I was very interested in some of the points that they made supporting the fact that we are seeing market failure. It is therefore incredibly difficult to understand why the Government, recognising that there is market failure in the private rented sector, do not feel that intervention is appropriate. These clear market failures have an impact on many areas of our society. For example, in Newcastle, where we have high deprivation and poverty, unexpected charges can push families in the private sector into debt and into a spiral of credit and loan sharks, with little possibility of escape.
I look forward to hearing from the Minister why he is opposed to improving the sector. We need a strong private rented sector, with tenants who have strong rights and with letting agencies that behave properly and in a regulated fashion.
Mr David Lammy (Tottenham) (Lab)
This is a very important debate, and I want to remind the Minister of the context in which we have it. We can all think back to a period in British history when the vast majority of people were in private accommodation. We had tenements and Rachman-like landlords, and Charles Dickens, for example, was able to illustrate coherently and fantastically just how grim it was for many people, particularly in the capital city. Since then, we have had the welfare state, slum clearance and the Addison Act of 1919. There was a wonderful balance, with subsidised, affordable housing, and where people could afford to buy their own home, as my father did in 1956 for £6,000. People could get easy credit at the bank and could get on to the housing ladder, or they could seek to get private accommodation.
The Minister should be deeply concerned that we have returned, in Britain today, to a context in which the vast majority of people are in private rented accommodation. We are going backwards as a country, not forwards. We are not building sufficient houses. He will know that because of the decision to generate a right-to-buy scheme, while not building housing to replace the right to buy, we have now lost our social housing, and that is leading to a dire state in London. We have come to a new market in which, frankly, many—this does not apply to all—cowboys are operating. They have seen a gap in the market and vulnerable people, and they have rushed in with a whole set of practices that have been well illustrated in this debate.
It is now time for the Minister to deal with a situation in which complaints against the sector have risen by 123% since 2008, and where we recognise that there is conning and fraud by these cowboys. People are losing deposits and extortionate fees are charged that are hard to understand. We need a statutory code and legislation in this area. We need to consolidate fees in one structure and publish clearly what those fees are. We need a compulsory public membership scheme, so that we know who our landlords are and what their practices are. There is market failure in this area. This is something that traditional Conservatives should be concerned about dealing with.
John Healey (Wentworth and Dearne) (Lab)
I came here to support my hon. Friend the Member for Rotherham (Sarah Champion) rather than to speak, which given the time, is probably just as well, but I am prompted to make three points. First, there is a problem and it is growing. Secondly, there is a solution and wide support. Thirdly, there is really no excuse for the Minister not to act.
First, the problem is clear. This is a field with no legal requirements or legal restraints for people setting up and running a letting agent or a managing agency. There is no legal requirement to belong to a trade association or to conform to standards of conduct; nor is there a legal requirement to offer some sort of redress scheme or safeguards for consumers. The stories of problems with up-front, unjustified, unfair fees are growing, as are the problems with misleading ads, and with repairs not being done or visits not even being made. My hon. Friend the Member for Sheffield Central (Paul Blomfield) mentioned the Citizens Advice research and the scale of dissatisfaction with letting agents. Which? has done a similar survey, showing that letting agents, out of 50 different consumer markets, came second bottom for dissatisfaction—below train companies and even insurance providers. Of course, the private rented sector, for the first time in half a century, is larger than that of public and social housing. Some 8.5 million people are renting privately, and 1 million families with kids are in private rented accommodation. This is a growing problem.
Secondly, on the solution, a regulatory framework is in place for estate agents; as suggested by the hon. Member for Southport (John Pugh), why not have it for letting agents and managing agents as well? Following the Rugg review in 2009, proposals are on the stocks, with wide support. The formal consultation that the previous Government held and published in February 2010 confirmed that the majority of respondents were behind a legal, mandatory framework of regulation for letting agents. The chair of the Residential Landlords Association told the Select Committee on Communities and Local Government in evidence this month:
“Landlords are just as likely to suffer from a criminal or fraudulent agent as a tenant is… All the legitimate agents are supporting legislation. We feel that that would be a good thing.”
There is cross-party support in this debate for action. Even the Office of Fair Trading has made recommendations, as my hon. Friend the Member for Rotherham has said, and it must be borne in mind that, with its restricted remit confining it principally to competition issues, it is normally constrained from offering a wide-ranging and full set of recommendations, but it has done so in this case.
Thirdly and finally, I say to the Minister that there is no excuse now for not acting. The need is clear; the support is there; and the proposals have been independently recommended by the Rugg review. Public consultation has been formally conducted on those proposals. The legislative vehicle—the Enterprise and Regulatory Reform Bill—is in the other place at the moment. A coherent change to the legislation has been proposed and debated in Committee. The debate on Report, when amendments are normally made in the other place, is about to take place. Five years ago, the Minister, when moving a clause to a Bill in this House, said:
“The new clause would bring residential lettings within the established legal framework.”––[Official Report, Consumers, Estate Agents and Redress Public Bill Committee, 24 April 2007; c. 192.]
He wanted to do that five years ago, and as Housing Minister, he now has the privilege and the position to do so. I hope that he will take that opportunity and confirm to us today in this debate that that is exactly what he intends to do.
Jack Dromey (Birmingham, Erdington) (Lab)
It is a pleasure to speak under your chairmanship, Mrs Brooke. I congratulate my hon. Friend the Member for Rotherham (Sarah Champion) on the excellent case that she put forward. It was a bravura performance, making a powerful case for change. She started by referring to the private rented sector and the fact that that is growing rapidly. Various contributions in the debate have made the point that it has now overtaken the social sector in size at a time when home ownership has fallen for the first time since the 1950s. The very powerful report by the Joseph Rowntree Foundation talks about generation rent—a whole generation of young professionals who are now locked out of home ownership and end up in the private rented sector.
We heard very powerful contributions from my right hon. Friend the Member for Tottenham (Mr Lammy) and my hon. Friends the Members for Nottingham South (Lilian Greenwood) and for Sheffield Central (Paul Blomfield). They pointed to experience from their own constituencies of the problems that people face in the private rented sector. Undoubtedly, the sector will have an important role to play in the future, but absolutely not on the current terms. There are problems of security. Letting agents encourage churn, which leads to insecurity in the sector. There are problems of affordability. There are problems of quality: 37% of homes do not meet the decent homes standard. There are too many rogue landlords and too many rogue letting agents.
More generally, we need to transform the private rented sector into a sector that works for both tenants and landlords and in which there is no place for the disreputable, who undercut the reputable. Letting agents do perform an important role, because in a sector in which most landlords are small landlords, they depend on letting agents, but my hon. Friend the Member for Rotherham was right, in her forensic exposition, to refer to the overwhelming body of evidence that suggests that the current situation is absolutely unacceptable and must change.
According to the CAB report, 73% of those who dealt with letting agents were expressing dissatisfaction. According to the Which? report, this market is second from bottom of 50 consumer markets. There is also the OFT report. My right hon. Friend the Member for Wentworth and Dearne (John Healey) was absolutely right about this. It goes beyond what it would normally say to be critical of the sector and is calling for change, as are many others, from Shelter to the Resolution Foundation. Why is that the case?
In this very powerful debate, we have heard testament from a series of right hon. and hon. Members, including my hon. Friend the Member for Manchester Central (Lucy Powell). There is the problem of fees and lack of transparency. Often, exorbitant fees are charged. They vary wildly, and frequently there are exorbitant up-front fees. The hon. Member for Folkestone and Hythe (Damian Collins) is to be congratulated on his mystery shop exposing that in his own constituency. There is the problem of no client money protection. As a consequence, all too often, both landlords and tenants lose out. There is also the problem of repairs often not being carried out.
It is extraordinary that someone can set themselves up as a letting agent with no qualifications whatever. They have no need to conform to requirements or to provide mandatory safeguards for consumers. It is a ludicrous anomaly that estate agents are regulated, but not letting agents. An excellent phrase was used by the Royal Institution of Chartered Surveyors. It pointed to the fact that 4,000 letting agents act entirely outside any form of regulation or self-regulation in what it calls the “Wild West”.
In government, my right hon. Friend the Member for Wentworth and Dearne—I am proud to follow in his footsteps—took the initiative over the Rugg report to say then that this was a scandal that had to end. Sadly, when the current Government came to power, the then Housing Minister, who tends to get out the clove of garlic in one hand and the cross in the other at the very mention of regulation, dismissed what Rugg had recommended and what, in the consultative process, had been overwhelmingly supported. He called it red tape; we call it protection for tenants and landlords alike.
The Minister for Housing (Mr Mark Prisk)
I am interested to hear that. It has been mentioned that I put down a probing amendment on the question. If it was so important, why did the Labour Government not put the redress measure into law, which it would have been able to do, in Committee on the basis of the amendment that I presented?
Jack Dromey
We moved decisively down the path for comprehensive regulation—
Jack Dromey
We moved decisively down the path for comprehensive regulation of the sector under the last Government.
John Healey
It is of course hard for me to answer for our colleague who would have been in position as Housing Minister or the Minister responsible at the time, but does my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) agree that it might have been that the case that was put at the time from the Opposition Front Bench was not persuasive enough? It certainly is now.
Jack Dromey
My right hon. Friend makes a very good point. What the Labour Government did was to establish the Rugg review. The Rugg review made comprehensive proposals, including in respect of regulation of letting agents. We moved decisively down that path.
The hon. Gentleman who is now the Housing Minister, unless he has undergone a damascene conversion and believes the opposite of what he said five years ago in opposition, will no doubt say when he responds, “Yes, this Government now intend to act,” because thus far there has been a lamentable failure to act, despite the chorus of voices calling for change. I am talking about tenants and landlords. The Labour party put forward a very powerful policy proposal, supported by the Association of Residential Letting Agents, the National Landlords Association, the Residential Landlords Association, the British Property Federation, the Royal Institution of Chartered Surveyors and many other players in the housing field, including registered social landlords, many of which now have private rented portfolios. They all back the proposals that we put forward, calling for change.
I pay tribute to the right hon. and hon. Members who have taken part in today’s debate, including the hon. Member for Southport (John Pugh), for the way in which they have spoken up. It is just like we saw in the Opposition day debate last month: there is a growing cross-party consensus that says, “This has to end.” In relation to how it ends, the hon. Gentleman was right when he said that the idea of a voluntary arrangement will not wash.
I pay tribute to Ian Potter and the work of ARLA. For two decades, it has campaigned for regulation, but in the meantime it has also tried to raise standards in the sector. However, that is on a voluntary basis—the rogues do not sign up. That organisation sometimes takes action against its own members who have acted disreputably, but it has arrived, out of bitter experience, at the clear conclusion that a voluntary scheme will never work; regulation is essential. The case put forward by the Royal Institution of Chartered Surveyors of the potential benefit to the economy of £20 million further reinforces the case for change.
The case is overwhelming. No more evidence is required. An all-party consensus is emerging. The Government have said that they have an open mind on this issue. An open mind, however, is no longer good enough. I ask the hon. Member for Hertford and Stortford (Mr Prisk), who is now the Minister for Housing, to have the courage of his convictions five years ago and to tell the House today that this Government will at last move to regulate letting agents.
The Minister for Housing (Mr Mark Prisk)
May I start by congratulating the hon. Member for Rotherham (Sarah Champion)? I think that this is the first time that she and I have been in a debate together; she is a new Member of the House. Not only was she able to secure an important debate, but she set out her argument. We will not always agree on the outcomes, but I think that we do agree on the challenge that faces this particular market. There is a strong element of market failure, as I have discussed in debate with the hon. Member for Birmingham, Erdington (Jack Dromey), who speaks for the Opposition on this matter.
This has been a useful debate, because there is a substantial question and substantial interest from a much wider group. Of course, the number of complaints may have risen because the market is substantially larger than it was, but it would be foolish to assume that that is the only reason and that is certainly not an assumption that I make or any other member of the Government makes, although I did particularly enjoy the idea that the only reason why the Labour Government did not do anything was that the Opposition spokesman did not make a strong enough argument. That is an entertaining argument. It does not quite wash. Nevertheless, I understand and I have a lot of time for the right hon. Member for Wentworth and Dearne (John Healey), which may be very damaging from the point of view of his own personal political future, but there we go.
Before I turn to the specific issues, I would like to set out briefly the context of the Government’s overall approach to the private rented sector, because people naturally have wanted to look beyond just the question of agents. People have talked about the question of supply, the interaction with the housing benefit elements and so on, but let me just look at the private rented sector particularly. As I said in the debate that we had only last month, we are very committed as a Government to ensuring that this is a bigger sector, but also a better sector—one that provides tenants with a genuinely good choice of decent, reasonably priced accommodation. We stand first and foremost on the basis that many—not all—of the problems that we have discussed today, including the difficulties that individual families and tenants have, are a consequence of years of under-supply.
The right hon. Member for Tottenham (Mr Lammy) gave us an interesting historical perspective, but I do not necessarily wish to go back to Dickens; we will stick with the past 25 years. What we have seen in the past 25 years—something on which we have agreed over many years—is that demand has substantially outstripped supply. As a result, the supply available to tenants, and the quality and standards of accommodation, have simply failed to keep up. That has inevitably led to a worsening of the way in which some letting agents operate.
Expanding the supply of rented homes lies at the heart of our strategy. That is why we have taken the radical step of establishing a debt guarantee scheme of up to £10 billion to encourage institutional investment in the sector.
Graham Jones
The Minister makes the case that there needs to be an increase in supply in the private rented sector. In my constituency in Hyndburn, we have nearly 3,000 empty properties, nearly all in the private rented sector. There is a complete over-supply, yet letting agents run rampant. His argument does not succeed in my constituency and in many constituencies like mine, where over-supply is not the answer.
Mr Prisk
We have a long-standing issue with long-term empty homes, of which there are 278,000. I am pleased to say that we saw a drop of 22,000 in the past full year, which is encouraging. We have put specific funds into our programme to bring those empty homes back into use. With respect, if I may say, it is a programme that we had to put in place, because it was not there when we came into office. The hon. Gentleman is right to highlight empty homes, but we are taking steps to change that.
Boosting supply is not only about financial support. We need to be careful to avoid excessive regulation that can deter the investment in supply that we all agree we need. If supply is stifled and if we go back to the bad old days of rent controls, we would actually see a stifling of investment and a shrinking of supply. The net result would be that tenants would have fewer properties to choose from and higher rents as well.
Jack Dromey
I am surprised at the Minister’s assertion. I spoke earlier today at the British Property Federation’s conference, where the Minister will be speaking shortly. The unmistakable message from the federation, which represents institutional investors, is that it believes that the time has come for effective regulation of the sector, particularly regulation of letting agents. It does not believe for one moment that that will put future investment decisions at risk.
Jack Dromey
We are consulting right now on how we move to longer-term tenancies linked to more affordable and predictable rents. We are not convinced by the argument for rent controls, but all those who wish to make contributions can do so. It is to be regretted that the Government have set their face against that, which 1.1 million families badly need in the private rented sector, so that they can plan where they send their kids to school and plan how they manage their household budgets.
Mr Prisk
People will be encouraged if that is confirmation that the Labour party, were it to be elected in some strange manner in a couple of years’ time, will have rent controls. We will see how that develops, but perhaps I should persist, because other hon. Members have raised questions.
Targeted, effective regulation that is carefully thought through, of a statutory nature or otherwise, has a role to play. That is why we have made a particular effort to crack down on rogue landlords, for example, in the case of beds in sheds, which is a dreadful scourge. Frankly, too little has been done in the past. It is an area where people are genuinely exploited and where we want to use the law. That, in a sense, comes to the second question.
Various people have asserted in this debate that letting agents are completely unregulated, but that is not true. That is a myth, which it is important to dispel. We should not be telling tenants that they have no controls and that there is nothing there to protect them and no one to turn to to help them challenge someone who is behaving badly. Whatever our political perspective might be, there is a genuine interest in getting the message right.
Letting agents are subject to regulation. It is important to flag that up. The hon. Member for Sheffield Central (Paul Blomfield) highlighted a specific issue around students and the fact that they were being told incorrect things about market conditions. The Consumer Protection from Unfair Trading Regulations 2008 offer protection against someone who is deliberately misleading and pulling the wool over people’s eyes, enabling individual tenants the opportunity to challenge them.
Also, the Unfair Terms in Consumer Contracts Regulations 1999 protect tenants from unfair conditions. Several hon. Members mentioned the way in which tenants can find themselves facing unfair restrictions on the way in which they can use a property. We have seen—several hon. Members have mentioned this—that trading standards bodies can and will prosecute letting agents. I mentioned a case in West Bromwich in a previous debate and we have heard about a case in Rotherham. In Oxford, a letting agent had to pay £300,000 in fines and costs for consumer protection-related and money-laundering offences after failing to return tenants’ deposits—which several hon. Members have mentioned—letting properties without the authority of their owners, and not passing on rent. So action can be taken. There was a similar case in Plymouth, where the letting agent was jailed for two years for spending client money on foreign holidays—again, that was mentioned by one hon. Member—and propping up his business. That individual may yet face further action to seize his assets. So, serious sanctions are in place, which our constituents can now use. It is important to flag that up.
John Healey
That is a statement of fact, not an argument against proper regulation. The overwhelming evidence mentioned by everybody in the debate is that what is in place at the moment is not successful, not sufficient and not satisfactory to protect tenants and landlords. A statement of fact about the general consumer protection that is in place is not sufficient.
Mr Prisk
It is important to recognise that we need a number of elements to deal with the different problems that have been raised. We need to make sure that we use existing consumer protection legislation now and that enforcement is put in place effectively. I want trading standards bodies to take action not just in the serious cases, such as those that I have flagged up, but in the less serious cases. We have a problem with enforcement. The right hon. Gentleman is right. We cannot mandate trading standards bodies to act in individual cases, but I am determined to encourage those national bodies to ensure that they tackle these issues right across the marketplace. It is not good enough at the moment. We want to make it stronger.
As the hon. Member for Rotherham said, many letting agents who provide services do so quite well and within the law. Several hon. Members have highlighted the Which? report, which showed that one in five tenants are dissatisfied with their agent. That is still too high, but I think that if it is one in five, people will realise that the vast majority—four out of five—seem satisfied with the service that they get. The Which? report is a pretty independent and extensive survey in that context. However, there remain too many agents whose service is poor and unacceptable. Several hon. Members, including the hon. Member for Birmingham, Erdington, mentioned the fact that this is the second lowest of consumer markets.
Our view has been that regulation should not be the first option. Although we recognise that there might be a case for it, the challenge is to make sure that existing law works properly. There is a temptation among all of us as politicians to believe that passing new legislation will deal with people who currently ignore existing regulation. I am sceptical that the changes we make, of a statutory nature or otherwise, will actually catch the rogues that Members of all parties have highlighted. That is the challenge. I am open to consideration. We are looking carefully at what the Office of Fair Trading has said. There are some strong and positive elements there. However, if we are to do this properly—if we are to catch the rogue agents and landlords who perfectly happily flout every other law—we need to make sure that if we change the rules and change the law, we do so in a way that will deal with the individuals in question.
Relations with the Arab World
(11 years, 9 months ago)
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George Galloway (Bradford West) (Respect)
The highlight of my parliamentary career is undoubtedly the wonder goal that I scored for the House of Commons football team at the Stretford end at Old Trafford—the Manchester United theatre of dreams. The goal has passed into history, but less well known is the fact that the little inside forward who supplied the final pass, in a move involving the legends Pat Crerand and Sir Bobby Charlton, was the Minister whom I face in today’s debate.
The Minister and I have always had civilised—indeed, friendly—relations. I hope that they survive the next 30 minutes, for I am going to say some pretty harsh things about the Government’s policy. As Minister for the middle east, he will have to come in for his share of criticism, but nothing personal is intended, as I am sure he knows.
The Minister is highly qualified as a Minister of the Crown, but the least of his qualifications was the most important in his being made a Minister at the Foreign Office: he was previously a luminary—indeed, a leader—of the Conservative Friends of Israel. That is an indispensible condition in Britain; in the 25 years I have spent in the House, and I suspect for much longer than that, no one has been able to be the Minister for the middle east without being a member, preferably a leading one, of either the Labour or Conservative Friends of Israel. That is the first problem I want to deal with today.
The fact that one has to be a friend of Israel to be the Minister for the middle east speaks volumes about the absolute unwillingness on the part of the British state, the British Government and the British Parliament to face up to their responsibility to the Palestinian people. The entire tragedy of the Palestinian people was authored in this building, when our Foreign Minister, then Mr Balfour, promised on behalf of one people a second people the land that belonged to a third people, when we did not even own the land of Palestine even as an imperial possession.
That is the original sin of Britain—all the blood that has flowed under the bridge since that declaration was made, and the fact that we do not recognise our special responsibility to the Palestinian people. On the contrary, one has to be a friend of Israel to be the Minister for the middle east. That is central to our problems and our credibility in the middle east.
As a result of Mr Balfour’s declaration, the Palestinian people had their country wiped off the map. We hear a lot of talk in the middle east about people threatening to wipe other people’s countries off the map, but the only country that has been wiped off the map in the middle east is Palestine—go to your atlas, Mrs Brooke, and you will see. The Palestinian people were scattered to the four corners of the earth—stateless, paperless and passport-less, hunted from pillar to post and regularly subject to massacre and attack of one kind or another. All the responsibility for that originates here.
Instead of recognising that special responsibility, we do precisely the opposite. If someone is not a known and celebrated supporter of the country that supplanted Palestine and drove the Palestinians out of their country into the four corners of the earth, they will have no chance of becoming the Minister for the middle east.
I could adumbrate the perfidy at great length, but I do not have the time. I shall give only one example: Israel illegally holds hundreds of nuclear weapons, undeclared and subject to no treaty or inspection of any kind. It was a British Government who transferred the heavy water technology that made that illegal acquisition of nuclear weapons possible; it would have been impossible otherwise. We know that Israel has hundreds of nuclear weapons because the brave Jewish whistleblower Mordechai Vanunu told us, for which he was kidnapped in Leicester square and ended up serving 18 years in solitary confinement in an Israeli dungeon. When brought to court, his jaws were wired together, like Hannibal Lecter, in case he told us any more about that illegal mountain of weapons of mass destruction.
Israel has a mountain of weapons of mass destruction. Iran has no weapons of mass destruction. The International Atomic Energy Agency says that Iran has no nuclear weapons and that there is no evidence that it is trying to build them. Yet it is Iran that is subject to endless sanction and threat, while Israel has the red carpet endlessly rolled out before it.
Successive British Governments, both Labour and Conservative—the last one were even worse than this one; Mr Blair is now in almost permanent residence in occupied Jerusalem—have consistently backed Israeli crimes or failed to sanction them properly. Even when our own citizens’ passports were stolen by the Israeli intelligence services to commit murder in Dubai and we called in the Israeli ambassador and deported the Mossad representative from the embassy in London, the new Mossad representative to London flew here on the return flight and is ensconced still.
If this was a debate only about Palestine, I would have much more to say, but the proximate cause of my application for this debate is the ludicrous situation that occurred at Prime Minister’s Question Time a couple of weeks ago. The Minister will have come briefed, I am sure, for this point. I asked the Prime Minister whether he would adumbrate for the House the key differences—just the key ones—between the “hand-chopping, throat-cutting” violent, Islamist and extremist jihadists we were now going to Mali to kill, and the hand-chopping, throat-cutting, violent, Islamist, fanatic and extremist jihadists to whom we were giving money to help kill Christians and other religious minorities in Syria. There was a reply, but it was not an answer; it was a brief ad hominem attack—that if there was a brutal Arab dictator anywhere in the world left standing, he could no doubt count on my support.
As psychologists would say, that is just about as good an example of projection as it is possible to imagine. The Prime Minister projected on to me the sins—indeed, crimes—of which he himself is manifestly guilty.
Mr Edward Leigh (Gainsborough) (Con)
One of the reasons why I voted against the Iraq war, like the hon. Gentleman, was that I was worried about the fate of Christians in Iraq. They have had a terrible fate since the invasion. Many of them went to Syria, and their lives have been made a misery now; they are the people in between. Does the hon. Gentleman share my view that it is essential that we do not send, or countenance sending, indirectly or directly, any arms into Syria? That would make the situation far worse.
George Galloway
I agree wholeheartedly. The Christians in Iraq have effectively been wiped off the map of Iraq. Most of them are in Syria, where they live in daily terror for their churches and of their clergy and devotees being slaughtered by the hand-chopping and throat-cutting al-Qaeda elements to whom we are giving money.
However, the hon. Gentleman is wrong—we are already giving them weapons, and we are giving them money, which is the same as giving them weapons. If we give al-Qaeda money, what do we think they buy with that money? Are they buying Elastoplasts and other medical supplies? No, they are buying weapons with which to terrorise not just Christians, but Muslims and other ethnicities—Kurdish people, for example—on a daily basis. The Minister and the Foreign Office know that, and they must give an answer, if not to me, then to the British people.
What are the differences between the jihadists we are killing in Mali and the jihadists we are financing in Syria? I know why the Prime Minister did not answer my question; there can surely be no logical answer to it, for there are no differences. Al-Qaeda is al-Qaeda, and the al-Qaeda mindset is the al-Qaeda mindset wherever it is found.
I demand an answer to that question. The people in this country deserve an answer—after all, it is their money that is being given. I put a question to the Prime Minister:
“Has the Prime Minister read ‘Frankenstein’, and did he read it to the end?”—[Official Report, 30 January 2013; Vol. 557, c. 906.]
Does he not know that Dr Frankenstein’s monster broke free and out of control, which is why it is called a monster?
As a case of projection, the Prime Minister’s response is pretty difficult to beat. In The Guardian, an American journalist by the name of Glenn Greenwald—the day after, if not the day after that—wrote:
“Cameron’s attack on George Galloway reflects the west’s self-delusions. In an act of supreme projection, the British PM accuses a critic of lending support ‘wherever there is a brutal…dictator’: the core policy of the US and UK”.
Who can doubt that?
The Prime Minister has travelled with his sales bag and a retinue of arms salesmen to one brutal Arab dictatorship after another. I do not know where he is today, but it will be a red letter day if he is not trying to sell weapons to a brutal Arab dictator. Saudi Arabia is our best friend in the middle east. We sell billions—tens of billions—of pounds of weaponry to the Saudi dictatorship, some of which is used in other countries. In 2009, the Saudi air force used UK-supplied Tornado fighter bombers in attacks in Yemen, which killed hundreds or possibly thousands of civilians.
The Saudi army is in occupation of its neighbour, Bahrain, where the democracy protesters are daily being gunned down with guns bought from us, by soldiers trained by us. We have a military training mission in Saudi Arabia, the darkest tyranny in the entire middle east. The most brutal dictatorship in the entire middle east is in occupation of its neighbour, killing people because they demand the right to vote.
Keith Vaz (Leicester East) (Lab)
The hon. Gentleman mentioned Yemen. Does he agree that it is important that we work with the Government of Yemen to defeat al-Qaeda in the Arabian peninsula, where it is causing so much damage and harm to people?
George Galloway
It is important that we work with the Government of Yemen, who came to power as a result of a popular revolution against a dictatorship supported by British Governments—this one and the last one.
Before I leave the subject of Saudi Arabia, I should say that we have sold it £15 billion of weapons a year. According to a report I have, Saudi Arabia, with which we want to broaden and deepen our relationship—the UK-Saudi relationship is already very broad and deep—is the UK’s largest trading partner in the middle east, with annual trade worth £15 billion. How does the Minister think people in Syria feel when they are told that we are giving weapons to jihadists to bring democracy in Syria, given that our best friend in the region is the darkest tyranny of them all?
I will close on the tragicomic, the absurd—the subject of brutal dictatorships. I never met Muammar al-Gaddafi, and I have never met any of his grisly family. I had nothing to do with Gaddafi or his regime, but the British Government did. First he was a mad dog, then he was our new best friend. The then Prime Minister of Britain kissed him several times in the tent. The LSE or Libyan School of Economics—the London School of Economics—was encouraged to take large sums of money from the Gaddafi dictatorship. Gaddafi’s son had help from No. 10 Downing street to complete his PhD thesis, so that he could become Dr Saif al-Islam al-Gaddafi.
We had the closest possible relationship with Gaddafi’s brutal dictatorship. We sold Libya £100 million of weapons. Worse than that, we sent it dissidents to be tortured on Gaddafi’s torture tables. It was not me who sent them; it was the then British Foreign Secretary, the right hon. Member for Blackburn (Mr Straw), as the courts will soon decide—though perhaps in secret, if the Government get away with their secret courts legislation.
The letters are there: the man who was tortured discovered them in the British embassy, with their gloating at his safe delivery to Gaddafi’s torture tables. It was the British Government who trained Gaddafi’s secret police and his military officers at Sandhurst. It is the British Government who support dictatorship in the middle east, not me.
I wish I had more time for this debate, but I do not want to cheat a Minister whom I personally respect by leaving him too little time to reply. I close with this: Britain’s relationship with the middle east stinks to high heaven. Indeed, in the Muslim world—1.7 billion-strong —we are seen as hypocrites, as occupiers and as people who support and prop up brutal dictators with weapons, with money if they need it, and with diplomatic and political support if they do not. It is a pity that this Foreign Office Minister, fine man as he is, has done nothing to better that reputation; instead, his tenure has seen that reputation get steadily worse.
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)
It is a pleasure to serve under your chairmanship in this important debate, Mrs Brooke. I thank the hon. Member for Bradford West (George Galloway) for the way in which he introduced the debate. I place on the record my sense that the Stretford end incident, as we shall call it, was certainly one of the finest amateur goals that I have ever seen and the best that I was ever any part of. The hon. Gentleman’s generous notification of that, in publications or this sort of debate, has always been touching. The relationship forged on that common interest has sustained us over the many years during which we have been in Parliament together.
Of course, that is where it all diverges. Although I have always admired the hon. Gentleman’s passion and his rhetorical ability to hold an audience, the gentlest that I can say is that I think, on occasions, his passion and commitment can cloud his judgment. He said a number of things today that I shall endeavour to correct, as I think that he took a particular point and extrapolated it to a position that is genuinely untrue in terms both of fact and of the United Kingdom’s position.
In the short time available, I want to put on the record our interests and relationships in the Arab world, because they are difficult and complex, before dealing with some of the specific points. As the House knows well, it is complex region. Some of the most difficult foreign policy challenges faced by the world—nuclear proliferation, the middle east peace process, the appalling war waged by the Assad regime against its own people, ungoverned spaces providing havens for terrorists and extremists—are found in the region.
The United Kingdom’s security and prosperity are intertwined with the Arab world. A mere nine miles separate Europe from north Africa at the Mediterranean’s narrowest point. Many countries in the region are important partners in tackling terrorist threats. Hundreds of thousands of British jobs are linked to trade and commerce with the wider middle east. It is fundamentally in our national interest that the region becomes more stable, more open, more free and more prosperous over time, and we have a part to play in that.
Our relations with the middle east are designed to further Britain’s security and prosperity, to deliver opportunities that will create jobs in the UK and to ensure the safety of British nationals overseas and at home. That is the heart of our foreign policy, but we seek to do it in a way that upholds and promotes our values—our belief in universal human rights, in justice, and in equality for women and for minorities—at all times. We do so as a matter of principle, but we also know that it reinforces our other interests.
Over the past two years, the region has seen momentous change with the Arab spring. That change has been led at its core by the region’s people in a demand for dignity, a voice and a fair prospect of employment. That change was always going to be a long process, yet much has already been achieved. Tunisia has its democratically elected parliament; Morocco has its free elections; and Yemen is undergoing a political transition. All those are genuine achievements. In a region where almost 60% of the population is under 25, the Arab spring has demonstrated the aspirations of the region’s citizens for a voice and a right to share in the prosperity of the 21st century. They share that aspiration with their peers in other parts of the world. Arab exceptionalism has gone.
The UK has been clear in its support for those strengthening the building blocks on which inclusive, accountable societies are based. We are supporting those who strive to deliver a strengthened rule of law, a thriving civil society, political systems based on genuine citizen participation and a plural, balanced media. Through our Arab partnership initiative in Egypt and Libya, we have supported free and fair elections by assisting domestic observer missions. In Tunisia, we have strengthened legislative protection for the freedom of expression; and in Morocco, we are supporting anti-corruption initiatives.
The support is based both on our values and a clear understanding that, in the long term, a more inclusive, accountable region is more likely to deliver lasting stability and security for the region and for us all. However, bringing together our values and interests can at times be a difficult balancing act. Conflicts sometimes arise. Although we have many mutual values with countries of the region, there are also differences between us. We have different cultures, histories and traditions and we cannot underestimate the significance of that. All that has been done in the past may not have been good, and we are paying a price in the courts and in public opinion.
Where we do not agree on values, however, we need to work that through, dealing with the differences honestly and frankly. We do not see eye to eye on all our values with countries of the middle east or in any part of the world. In an increasingly interconnected world, security concerns pay no regard to borders. We speak of the global economy and British nationals live in all parts of the world. Although we may be an island, isolation and disengagement is not an option. We need to work with countries, in spite of their different beliefs, faiths and value systems, in a way that upholds human rights and values, and that can be difficult.
Dialogue is the most effective way to find common ground on areas where we can work together, to encourage where necessary and to challenge other Governments to policies that are respectful of human rights, justice and equality. That is the approach that we are taking, but I do not pretend for a minute that it is without conflicts and difficulties. Consistency is not an easy aim, and it is not always possible in practice because of the differences in different places.
I will deal with one or two of the specifics that the hon. Gentleman mentioned. On Israel, yes, I have been a Conservative friend of Israel for all the time I have been in Parliament, but it does not preclude being a friend of others in the region as well. When I was last with the president of the Palestinian Authority, he said that he knew of no other politician who was pursuing the case of the young man killed by a tear gas grenade in Nabi Salih at the hands of the Israeli defence force a couple of years ago and that my visits to the family had meant a great deal. I do my best to ensure that our concern for rights and the needs of those in the occupied territories are represented by the United Kingdom.
I am aware of the tensions, and those who know of my past have been perfectly accommodating of it. It enables me to speak toughly to the Israeli Government. It was I who called in the ambassador recently over settlements. It is in my time as Minister holding this job that we were able to support a motion at the United Nations condemning the settlement building, against both the United States and Israel. If the hon. Gentleman does not mind, I will not accept from him that my background with Israel leads me into a difficult position. I remind him that the right hon. Member for Exeter (Mr Bradshaw), who held my position some time ago, was no particular noted friend of Israel and was able to do the job as effectively as I am trying to do.
George Galloway
Do not be hurt by what I said, because it is a qualification to be the Minister for the middle east. It is not the Minister’s fault. Why did the British Government cowardly abstain in the overwhelming vote to recognise Palestine as a member of the United Nations? Why will they not bring sanctions to bear on Israel—like the sanctions they brought to bear on Iran—for holding illegal nuclear weapons and occupying other people’s territory and refusing to leave it? Why not?
Alistair Burt
In my answer, I was indicating that a friendship with Israel is not a requirement for the job, which is what he was indicating. I was pointing out that one of his colleagues had held the job without such a qualification. The reason why we did not support the vote, which was not for membership but to advance the cause of statehood for the Palestinian Authority, was that we had explained that what we believed was most in its interest was not a vote at the United Nations at that time. Our commitment to statehood for the Palestinian people in due course is very clear, however, and I reiterate it again today.
Without wishing to stay on that subject, I will briefly cover the others. On Iran’s nuclear programme, Iran is still acting in defiance of multiple International Atomic Energy Agency resolutions, including the most recent resolution adopted last September, and no fewer than six UN Security Council resolutions. The IAEA has expressed its serious concerns about the possible military dimension to Iran’s programme. Anyone who mistakes what is going on in Iran and believes that it is purely peaceful is missing the point. If it is purely peaceful, that is not difficult for Iran to demonstrate. We still hope that it will take the opportunity to do so this year. The IAEA has made reference to the possible military dimension of that programme.
On Syria, the hon. Gentleman again went too far. It is not true that the United Kingdom is supplying al-Qaeda with either money or weapons. I do not believe that to characterise what is happening in Syria as an attack on the Christian minority is accurate. There are jihadists involved. It is the wish of the United Kingdom and our partners to ensure that they are not supplied with weapons. That is why we are so determined to see the success of the Syrian national opposition coalition, so that it has legitimacy and an opportunity to represent the future of Syria in its political transition. We are more than well aware of the danger of jihadists becoming involved in what was originally a clear expression of reform and opinion against the Assad regime. That has turned into something different, because of the length of time that the situation has been unresolved, which is not through lack of effort by the United Kingdom with the United Nations. We are extremely concerned for the Christian minority and for others, which is why there must be an effective rule of law, but it must cover all.
Alistair Burt
I can give a categorical assurance that it is not the intention of the United Kingdom, in any efforts being made to support the Syrian people, that any money goes to al-Qaeda or any of its acolytes. It would be logically ridiculous of the United Kingdom to do that, which is why we give our support in the way that we do. No one can be absolutely certain about my hon. Friend’s suggestion, but it is absolutely clear that the United Kingdom has no interest in doing that. It is totally contrary to our interests and is not what we are doing. For him to say that that is clearly what we are doing is simply wrong.
I have to finish, because we are running out of time. It is a complex issue with a complex set of relationships. It is essential that we are able to deal with this issue in a way that examines the facts, and polemics sometimes get in the way. The hon. Member for Bradford West and I share a sense of justice for what must happen in the region. The policy objectives that we have set out are not always simple to achieve, but they are clear. I hope that we can continue to debate in a manner that allows the truth to be got to, even though opinion may vary.
Environment Agency
(11 years, 9 months ago)
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Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con)
I am delighted to serve under your chairmanship, Mrs Brooke. It is so good to see you.
First, I pay tribute to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Newbury (Richard Benyon), who I know has just returned from a stunning victory in Europe over fish. I know that he is slightly tired, so I am even more grateful to see him here in Westminster Hall today, fresh from his victory. Today we will try to add a little more triumphalism to his record of achievements.
I also thank my hon. Friend the Minister, and my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs, for this chance to debate the future of the Environment Agency. I certainly applaud their review of the agency and I know that a lot of colleagues are taking it very seriously. As my hon. Friends said at the time, the review is a chance to take a fresh look at how the agency does things. In that open spirit, I want to focus today not so much on what the agency does but on what it fails to do.
Hon. Members may know that the Environment Agency is just 16 years old; in many ways, it is a juvenile. Many of my constituents who are still mopping up after the recent floods regard the agency’s lack of action as—dare I say it?—almost juvenility in itself. There is not the time today to highlight every single human tragedy that has happened or the appalling damage that has been done; I cannot do that. It is also not possible today to give a completely accurate account of the total cost of floods on the levels. However, it is plainly ridiculous to put what has happened down to a quirk of nature, or to an overdose of the “wrong type of rain”, as Lord Smith of Finsbury, the agency’s chairman, informed us all. I am sorry, but I was really rather offended by that.
Much of the overflow of water was manageable, if not preventable. Dare I say that floods are not unusual in Somerset? Flood prevention has been a priority of ours since Roman times, although I was not the MP at the time. Even in the middle ages, a period of history better known for the black death than for engineering excellence, people managed to drain a large part of the moor by building elaborate embankments and causeways. Parliament became heavily involved from 1791, when it needed to pass an Act to dig King’s Sedgemoor drain in order to let excess water flow out into the Bristol channel.
For hundreds of years, we have been fighting battles with floods and holding our own against the old enemy. And for hundreds of years, whatever Lord Smith may think, we have had this stuff called “convective rain”. I hate to disillusion his lordship, who no doubt is a very sensitive soul, with a neatly-furled umbrella and a dislike of getting his feet wet—as we have discovered—but he is no expert on the weather. Convective rain has been gushing down Somerset rivers for centuries. If he examined the historical records, he would find that the floods of 1607 were caused by the very same type of rain.
I noticed that Lord Smith was awarded an academic doctorate for his excellent dissertation on the poetry of Samuel Taylor Coleridge. If Coleridge was alive today, he would be my constituent. The great man was inspired to write his greatest and longest poem while overlooking the harbour in the very beautiful village of Watchet. However, Lord Smith needs to take what Coleridge said in one of his poems more seriously:
“Water, water, every where,
And all the boards did shrink;
Water, water, every where,
Nor any drop to drink.”
Down the A39 at Williton, which is near to where those words were written, the highway turned into an impassable river. Out at Blue Anchor, in my constituency, there was havoc in caravan parks and on Exmoor itself there was very serious flooding in Dulverton. Many Members here today will know that the ancient clapper bridge at Tarr Steps was completely wrecked in the floods, although it has now been rebuilt. Tarr Steps is also known as “the devil’s sunbathing spot”, but, as I say, it was swept away by the floods. This cannot continue.
Rivers overflow, and down on the levels the consequences of what happened in the floods can still be seen today. I obviously do not blame the Environment Agency for the rain, but I wonder what it failed to do before the cloudbursts started. It is surely an essential task of a body such as this one to keep the waterways running freely. Rivers have a nasty habit of silting up—that is why we dredge them. However, the Environment Agency no longer dredges rivers such as the Tone and the Parrett, both of which flow through my constituency and that of the Minister of State, Home Department, my hon. Friend the Member for Taunton Deane (Mr Browne), because it says that it cannot afford to. This is something that requires urgent forensic scrutiny by my hon. Friend the Minister’s Department.
If we are seriously in the business of protecting the environment, the cost of regular dredging should never be regarded as a capital expense, because dredging has to be done; it is not an option but a necessity. Moreover, dredging is not even expensive, given the reality of what we are looking at. The Environment Agency itself calculates that the cost of desilting the risky bits of both the River Tone and the River Parrett every year for the next 20 years is less than £5 million. In my view, that is chickenfeed. The Environment Agency’s own calculation of the cost of emergency pumping and road closures during this year’s flooding alone was £4 million, and that was just in my area. The agency has done its homework. The price of flooding over 20 years in Somerset—in Somerton and Frome, in Taunton Deane and in my constituency of Bridgwater and West Somerset—has been worked out at £15 million. It is an absolute no-brainer to dredge, but the agency keeps telling us that it has not got the money to do so. I must say that not only this Government but former Governments have been reluctant to offer additional relief to sort out this problem. I am sorry, but that cannot go on.
I am also slightly worried about the way that the views of my hon. Friend the Minister on this matter have been reported. A recent BBC news report implied—it is the BBC—that he had told them that it was not worth dredging the Tone and the Parrett because they will simply silt up again. Yes, of course that is true; we accept that. However, it is also precisely why we should regularly dredge rivers.
Duncan Hames (Chippenham) (LD)
I congratulate the hon. Gentleman on securing this debate. I regret to tell him that a similar point of view was communicated in a letter in response to an inquiry from one of my constituents. Where would we be if the fact that rivers will just silt up again after dredging was a good enough reason not to dredge in the first place? What if MPs took the same attitude to their own personal hygiene?
Mr Liddell-Grainger
I will leave the last part of my hon. Friend’s intervention to himself, but he is absolutely right otherwise. I know that he is doing a sterling job for his constituents and this is a joint effort, because unless we come up with a proper, forward-looking policy on dredging that the Environment Agency must lead—or the Government must order the agency to lead it—we will continue to have this problem and I am afraid that, as Members, we will see it happening again.
John Glen (Salisbury) (Con)
Does my hon. Friend agree that one of the significant challenges is the Environment Agency’s lack of authority? In my conversations in connection with the flooding in Britford, which is on the River Avon just south of Salisbury, there seemed to be a lot of confusion about exactly what powers the Environment Agency has and about the conflicting motivations of different landowners in their engagement with Natural England and the Environment Agency—to different degrees—meaning that, at the end of the day, there is a complete lack of ownership of the problem and a lack of clarity about how the problem will be resolved in the future.
Mr Liddell-Grainger
I totally agree with my hon. Friend. I must say, first, that one of the issues that I have not touched on today is the role of Natural England; as he knows, there is a review going on. Secondly, this agency that we are discussing is quite simply an “Environment Agency”. One of the debates that we need to have in the future is whether or not it should still be called an “Environment Agency”. Should the “environment” part be split off, and should the “agency” part be reinvented? However, that debate is not for today and I know that my hon. Friend the Minister is aware of my concerns in that regard.
I am ashamed to say that, for 20 years, there has been no dredging of the Tone or the Parrett; silt has piled up on silt. In real terms, almost half the capacity of the River Tone to carry floodwater through Taunton down to Bridgwater has been lost. However, I am glad to say that it has not been lost for ever. The problem can be solved, even though it has been ignored. It is a miracle of nature that floods such as the recent ones have not occurred on a regular basis. I am afraid to say that, at this stage, the name of the game is negligence.
In the proud old days of the Somerset Rivers Catchment Board—similar boards existed elsewhere—local people could pretty well tell the time of the year by the dredging. The board hired a fearsomely efficient engineer called Louis Kelting, who made sure that all the necessary work was done. Mr Kelting even brought in Dutch experts, and the Dutch know a thing or two about water. I am indebted to 83-year-old Bob Heard, one of my senior constituents in Bridgwater, for bringing Mr Kelting to my attention. Mr Kelting was awarded the OBE for his efforts, so he must have been right. The innovations that he introduced probably saved many lives and protected the levels from many disasters. Many of his drainage schemes are still in operation today, but not the dredging schemes.
When the rain fell so hard and fast last year, and at the start of this year, I am afraid that the Government were not of any great help. “We were very concerned”, and that is not my conclusion but that of the National Farmers Union. The NFU points out that the farmers on the moors and the levels lose £900 for every hectare of grassland that is put under water, and that applies to anywhere in the country. Having met a lot of my local farmers, I know that that is true. They are really upset at finding that a lifetime of work is now under water for more and more of the year.
I pay tribute to two villages, Moorland and Fordgate, which have put up with more than any village should have to, in any constituency. They have been stunning. They feel forgotten, in some ways ignored and in other ways expendable. I have heard them use the word “negligence” too, and say some quite rude things about the agency.
The agency is, like all such organisations, perhaps a victim of its own peculiar changed responsibilities. In the days of the Somerset River Catchment Board, everything was so much simpler. It was about water management, land drainage, flood prevention, food production and protecting the communities, which we represent. From 1930 to the 1970s, the people who looked after water management operated under more or less the same strong management structures. They raised money locally through the drainage boards and other organisations and were accountable to local councillors and local people, including Members of Parliament. The efficiency of their operations was consistently improved. To put it crudely, it worked.
Then in 1973 came the creation of the Wessex Water Authority and the culture changed. The WWA was accountable directly to Government and it also had to toe the line, as the Minister will know rather to his cost, to Brussels in the background. Britain became part of Europe. The WWA suddenly found itself having to raise standards for clean drinking water as well as looking after the wildlife habitats of an increasing number of protected species.
The Environment Agency inherited a dog’s breakfast of a portfolio and deserves some sympathy for that, but it seems to have become immune to some of its own illogical behaviour. For example, Steart, near the Hinkley Point nuclear power station, is a small, flat place at the mouth of the river Parrett, where the river trickles into the Bristol channel. We are talking about 1,000 hectares of land, much of which is below high-water level at spring tide. In the 1700s, the Steart peninsula was cut off from the mainland altogether. Even today, the Parrett’s low-water channel regularly shifts. Steart’s defences now rely on what was built back in the 1950s. The system creaks a bit, but it works.
The Environment Agency now wants to spend £31 million of taxpayers’ money on a scheme that will not protect Steart from the sea. It wants to sink the peninsula for habitat creation, saying:
“There is a significant need for additional intertidal habitat on the Severn Estuary to meet the Environment Agency’s international obligations and offset losses due to coastal squeeze.”
This is because Bristol port, which is not that close to me, wants to reclaim some marshland 40 miles away to build a new container port. So Bristol’s birds are to be offered a new nesting place in Steart. We have tried to tell them to come down. The whole process is nonsense. The cost of flooding Steart would pay for dredging the Rivers Parrett and Tone for 30 years. But in an agency with 11,500 people on the payroll and an annual budget of £1 billion, it is probably no wonder that everyone fails to sing from the same hymn sheet.
Criticism of the agency is nothing new. The Public Accounts Committee produced a damning report about its activities some years ago. Even the most moderate body, the Angling Trust, which represents people who go fishing, is currently getting very angry with the agency for not taking proper account of fisheries when it issues licences for hydroelectric power. So the agency is being got at by Europe, bird lovers, fish fanciers and a few politicians like me into the bargain. More pain than gain, perhaps. Or as Lord Smith might put it, the wrong sort of pain.
On the river at Avon, which of course is outside Bristol, is an old mill by a weir at Avoncliff, which was bought for restoration in 2009. The new owners wanted to rebuild it and make it work, producing power from the water wheel. Fabulous. Of course, they had to apply for a licence to extract the water and they paid the fee to the Environment Agency, filled in the forms and waited. Weeks turned into months; no licence came. Then the Environment Agency awarded a water extraction licence to another applicant and told the owners of the mill that there was “no water available”. The owners went to judicial review, went to court, won the case, proved that the Environment Agency had deliberately withheld information and the judges made the agency pay all the costs—our money. A happy ending hon. Members may think, but not quite. It is almost a full year since the judges ruled against the agency and ordered it to issue a water extraction licence, but it still has not done so. This story does not inspire my confidence in an organisation that has become top heavy with responsibilities and seems to be run by people far too light on real substance in the subjects they are meant to cover.
My constituents, and many others throughout the country, have suffered badly in recent floods and they have lost faith in the agency. I ask the Secretary of State, through my hon. Friend the Minister, to visit Bridgwater and West Somerset—he said he would—meet some of those who have had problems and see the situation for himself. While we await the outcome of his important review, this is the only way that any confidence can be restored in what people feel is a failed system. I look forward to my hon. Friend the Minister’s replying and, perhaps, giving us some reassurance and some answers.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Richard Benyon)
I thank my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger) for securing this debate on such an important issue. He made his position clear, even to me in my sleep-deprived state. I hope that I can answer some of the points that he made.
The discussion is taking place in the Department for Environment, Food and Rural Affairs in the context of the current triennial review of the Environment Agency and Natural England. It is clear that the priorities that the Environment Agency deals with are important to society. It is critical that we have a strong, resilient delivery arrangement in place to achieve our ambitions. This review, which is expected to reach conclusions in the spring, is a unique opportunity to look at the work of both bodies and to consider how we can deliver my Department’s priorities effectively and efficiently.
My hon. Friend raised critical issues regarding the agency’s role in relation to flooding, and I shall respond to some specific concerns. First, I should like to emphasise and get on the record how much I sympathise with the distress caused to communities across Somerset by the past year’s extreme weather. I visited the county and met many people when they visited me in DEFRA, as well. I particularly appreciate the hardships experienced by the farming community, as it struggles to cope with exceptionally prolonged periods of heavy rain last year.
The Environment Agency has been active throughout this period, and I pay tribute to its staff for their tireless work and professionalism through difficult times. I visited staff in the constituency of my hon. Friend the Member for Salisbury (John Glen) at the time of the floods, around Christmas, and saw people who had not had a Christmas and had been working night and day—people taken from all the agency’s departments to try to assist with that difficult job. I appreciate what they did.
The agency has spent more than £1.9 million since last April on maintenance and operational activities specifically to address the impact of flooding on the Somerset moors and levels. I am pleased that Somerset county council has recently announced that it is setting aside £200,000 to help local landowners and residents to tackle the flooding by clearing roadside gullies and ditches.
Agency staff have been out on the ground, meeting local people, keeping them informed and seeking to address their concerns. They are working with local drainage boards and others to assess the costs and benefits of various options to improve the future management of floodwater in the area, including dredging the rivers Tone and Parrett. I understand that the results of this work will be presented to the regional flood and coastal committee in April.
I recognise that there are real concerns in Somerset and elsewhere about dredging and channel maintenance and whether the Environment Agency is doing enough. My hon. Friend and I live in a world where perceptions are reality. I understand his point. The perception in his constituency and neighbouring ones is that more could be done. I want to deal with that point, but I also live in the reality of the financial climate in which we live, and I have to ensure that every penny that we spend on flood defences and flood protection is spent as professionally and with as much value for money as possible, because it is not his money or mine; it is our constituents’ money.
Dredging is one of the options routinely considered by the agency when deciding how best to manage flood risk. However, each area is different and the agency needs to focus its investment on activities that will contribute most to reducing potential flood damage. In some areas, that will mean dredging. In other areas, different options such as maintaining flood barriers or pumping stations will be a more effective use of taxpayers’ money. As my hon. Friend rightly says, we need to look forensically and objectively at the contribution that dredging would make to managing flood risk on the moors and levels compared with other options, and we need to reach conclusions in that light.
The agency is working in partnership with the National Farmers Union to consider what more can be done to help farmers undertake maintenance, gain access to information and advice, and manage their flood risk. The agency is also seeking to gain value for money by delivering multiple objectives.
My hon. Friend mentioned the scheme at Steart, and my information is that the cost is not £30 million but £20 million, which is perhaps a case for another debate— I hope not, because we have already debated it, but I could perhaps discuss it with him in the margins of a vote one night. The scheme at Steart is an example of seeking to gain value for money. I understand that the defences around the peninsula were in poor condition and coming to the end of their effective life. Improving those defences on the old alignment was neither economically viable nor sustainable, and to have done so would have cost some £1 million per property protected. I have to consider people in places such as Morpeth, Sandwich, Exeter and many other parts of the country who have suffered prolonged flooding. We want to ensure that every single penny of the £2.3 billion that we are spending on flood defences in this financial period is spent properly.
The need to create habitat somewhere in the Severn to meet our obligations under the habitats directive presented an opportunity. By realigning the defences on the peninsula, the agency has been able to continue protecting the village and its access from flooding, while meeting our biodiversity objectives, which is a win-win that enables the village to be protected and agricultural use to continue over much of the site.
I am aware of the complex Avoncliff case, and the agency is working actively with the applicants to resolve it as soon as possible.
I understand the concerns of my hon. Friend’s constituents and of many hon. Members who have taken part in this debate. Members on both sides of the House are committed to representing their constituents at times such as those that we experienced last year, which is truly impressive, and I, as the Minister with responsibility for flooding, appreciate that. In conveying those concerns to me, they are conveying the enormous amount of misery and unhappiness that people are experiencing.
A great deal of work is going on to protect local communities from flooding and to improve our environment, and I want to ensure that that continues. The agency plays an important role in that work and constantly monitors its own performance to learn lessons to help to improve how it operates both locally and nationally. The current triennial review of the Environment Agency and Natural England is considering the roles of both agencies, including on flooding, and the wide range of other services that they provide. In a tough fiscal climate, we must strive for better, more efficient outcomes from our delivery bodies, while being conscious of the Environment Agency’s impact on people’s daily lives.
Jonathan Lord (Woking) (Con)
I commiserate with the constituents of my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger), who have suffered so badly from flooding.
In my constituency of Woking, we are looking forward to the Minister visiting the Hoe valley scheme in April. There is terrific joint working between the Environment Agency, the council and other stakeholders to take several hundred houses out of the floodplain. In some of my smaller villages, such as Pirbright and Normandy, the Environment Agency has helped me to set up flood forums to explore the problems and potential solutions, for which I should like to express my thanks.
Richard Benyon
I am grateful to my hon. Friend for that point. I see such examples of good working across the country.
Sir Michael Pitt, in his excellent review following the floods of 2007, said that floods cannot be addressed from my desk in Whitehall or even by some quasi-regional government imposed by previous Governments. Floods must be addressed locally, and the best people to do so are in the lead local flood authorities, which work with the Environment Agency, emergency services and organisations such as the NFU and others that represent key stakeholders. That is the best way to deliver a solution on the ground, close to communities. My hon. Friend points out that involving local communities through flood forums is important because they can give communities superb resilience. I look forward to visiting his constituency and seeing a scheme that I have read about with interest.
My hon. Friend the Member for Salisbury raised an important point about who has the power and responsibility for certain waterways. That is a concern, and I am the first to admit that we have not nailed it yet. My constituency flooded badly in 2007, and in a short distance of about 200 metres, four public bodies, including Network Rail, three landowners and the local parish council were responsible for different bits of land through which waterways ran, as well as water that we wanted to get to a river and out of people’s homes. That is an example of the complexity that we face.
If we need to find a different legislative tool to identify responsibilities more clearly, we must do so. That is not really the case on the Somerset moors, where there is a fair degree of clarity about who is responsible for which watercourses and we just want to get the water away. I have looked at that landscape in recent weeks and seen an inland sea. People have not been able to harvest their crops, feed their stock or drill crops for future years. We have a responsibility to protect people, and we are doing so. We protected 180,000 acres of agricultural land last year, by giving people extra flood protection through flood schemes. We take our responsibilities to farming seriously, and we will work with organisations such as the NFU.
Internal drainage boards are key players, and there is a good internal drainage board in the constituency of my hon. Friend the Member for Bridgwater and West Somerset; I have met the chairman and other members. I want to ensure that we continue to work with such proven organisations, which have incredible skills and understanding: not just macro-engineering skills but local understanding of which culvert must be opened at a particular time and what flooding can be alleviated as a result.
My hon. Friend mentioned a quote that I apparently made on a BBC programme. The quote was attributed to me, but it may have been taken out of context. I think de-silting rivers may well make a difference; it is just a question of whether we can make that stack up against all the other responsibilities that we and the agency have across the country. I am not an engineer or a hydrologist. There are plenty of people in the agency who are and who do it extremely well, and I will take whatever advice they give me.
The current review provides a unique opportunity to consider how best and most effectively to support and encourage reforms to the organisations involved. I am impressed by how the agency is led. Lord Smith might not come from the same political direction as my hon. Friend and me, but he leads the agency well. We are openly considering how the organisations are run, and it is a transparent exercise. The triennial review is important for the future of the Environment Agency and Natural England, particularly for the outcomes that they deliver, whether flood defences, environmental protection, the improvement of biodiversity or all their other responsibilities.
I will continue to discuss the issue with my hon. Friend and with any hon. Member from whichever party to ensure that we get it right for their constituents.
Question put and agreed to.
Written Ministerial Statements
(11 years, 9 months ago)
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EU Competitiveness Council
(11 years, 9 months ago)
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The Secretary of State for Business, Innovation and Skills (Vince Cable)
The EU Competitiveness Council took place in Brussels on 18 and 19 February 2013. Shan Morgan, Deputy Permanent Representative to the EU represented the UK for research items on 18 February, and I represented the UK for internal market and industry items on 19 February. A summary of those discussions follows.
For research items, discussion focused on the 2013 annual growth survey and Commission recommendations on open access to scientific information.
On the former, Research Ministers debated the Commission’s annual growth survey (AGS), one of a series of debates in sectoral Councils that will feed into a presidency report to the spring European Council. Commissioner Geoghegan-Quinn (Research and Innovation) argued that growth-friendly fiscal consolidation, which maintained or increased the share of public investment in research, education and energy, was essential and that national research funding could also be delivered more effectively. Member states broadly welcomed the AGS. The UK noted the importance of ensuring that the wider regulatory environment was conducive to innovative activity, and the need for a state aids framework for research and innovation that recognised the increased risks and costs associated with these activities (without undermining the internal market).
On the latter, the Commissioner emphasised the importance of open access as a principle, noting that she felt that national approaches were too fragmented and that this was holding European researchers and industry back. Member states were united in agreement on the importance of open access to research publications, although there were clear differences in respect of levels of implementation.
Under AOB, delegations received a short presentation on the biennial report of the high-level group on joint programming and Commissioner Oettinger (Energy) then provided a brief update on the international thermonuclear experimental reactor (ITER) fusion programme.
There was a lunch-time discussion of the role of the research system and the research community in supporting smart specialisation led by Professor Mark Ferguson (Director-General, Science Foundation Ireland).
The main internal market and industry issues discussed on 19 February were: the registration, evaluation and authorisation of chemicals (REACH), the entrepreneurship action plan and the European semester. A number of AOB points were also covered. Outside the Chamber, there was a lunch discussion on state aid modernisation and the signing of the unified patent court agreement.
Council began with a policy debate on the review of REACH, the EU’s regulation on chemicals and their safe use. I and many member states intervened to stress the importance of adapting the system for small and medium-sized enterprises (SMEs), and the importance of reducing fees and cost-sharing. I also highlighted a number of examples where REACH had negatively impacted UK business. In addition to the review of REACH, the Council also discussed an accompanying paper on nanotechnologies. There was general support for the Commission’s approach to handle nanotechnologies within the REACH framework, although some countries suggested there might be a need for a separate regulatory structure in future. In line with several member states, I supported the Commission, stressing the importance of a risk-based approach.
The next substantive item concerned the entrepreneurship action plan. Shan Morgan took the seat for this item. Generally, member states welcomed the action plan, with many stressing in particular the importance of access to finance and encouraging a more entrepreneurial spirit within Europe. The UK agreed with the initiatives presented, particularly those relating to access to finance and digital services, but highlighted that most activity in this sphere was for member states to undertake with the Commission’s role being to support and share best practice.
The lunch discussion focused on state aid modernisation. The discussion focused on the question of regional aid and on the Commission’s proposal for a ban on aid to large enterprises in certain disadvantaged areas (“c” areas) in particular. Most member states, including myself, argued that a ban was unnecessary and would damage member states’ ability to promote growth. The Commission (Almunia) responded that he would no longer pursue a ban but that new compatibility conditions would have to be rigorously enforced if this aid was to be allowed to continue. I also expressed concern that the state aid approval process was too slow, unnecessarily delaying much needed Government interventions.
Following lunch I, along with another 23 states, signed the unified patent court agreement. This international agreement is the final piece of the patent package agreed by the contracting states, and will come into force once ratified by at least 13 states.
The final substantive agenda item was a discussion on the European semester, including the annual growth survey. Again, Shan Morgan took the UK seat. There was a full round-table on the subject with most member states (including the UK) focusing on the need for improved governance of the single market, the full implementation of the services directive and improved access to finance. The UK highlighted the creation of a single market centre in the UK to tackle problems here, and also suggested the Commission define a proportionality test to ensure that implementation of the services directive was more uniform across the EU.
Several AOB items were discussed at the Council. The first concerned the European steel industry, an item requested by the Belgian delegation. Several member states intervened to stress the need for, and importance of, a native steel industry in Europe—with some going as far as suggesting state aid rules could be relaxed in this area. This suggestion was strongly countered by other member states. I intervened to stress that restructuring in the industry should be industry-led, and any role of Government should be in stimulating demand.
The next AOB point was an item on the tobacco regulation, as requested by the Polish delegation. Some states were concerned that the proposal, to be discussed by Health Ministers, did not take sufficient account of the negative impacts on competitiveness. The UK did not intervene.
The final morning AOB concerned general product safety. Some member states expressed concern about the introduction of a provision regarding product origin marking, while others came out in support of the Commission’s addition. Again, the UK did not intervene.
The first afternoon AOB item concerned the Commission’s missions for growth initiative, where Commissioner Tajani described the trade/industry missions that he had recently undertaken. In this context, he had invited hundreds of EU companies to meet with presidents/senior Ministers of third countries and had signed 56 “non-binding” memorandums of understanding (MoU) on topics such as tourism, raw materials, space and SME co-operation. The UK called for the process to be more transparent, and that Council be informed before trade missions occur and before MoUs are signed.
The final AOB item, and final item of the day, concerned the union customs code. The UK did not intervene on this information item.
Renewable Heat Incentive Consultation (Government Response)
(11 years, 9 months ago)
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The Minister of State, Department of Energy and Climate Change (Gregory Barker)
In July last year, I published a formal consultation setting out our ambition to introduce greater certainty and make improvements to the renewable heat incentive (RHI). Since then DECC has engaged extensively with stakeholders on our proposals and received over 100 responses to the consultation. The majority of responses agreed with our proposals for improving the scheme and welcomed the package of proposals.
Today, I am pleased to announce the publication of the formal Government response to our consultation which sets out how we will provide certainty and scheme improvements by ensuring the scheme remains financially sustainable and offers good value for money for the taxpayer, meets previous commitments to introduce biomass sustainability by setting out sustainability criteria and air quality emissions limits, as well as enabling processes which will reduce administrative burdens to Ofgem and applicants. Copies of the response will be placed in the Libraries of both Houses.
Budget Management
To do this, DECC intends to introduce a degression-based approach similar to the regime adopted for the feed-in tariffs scheme. This will involve tariffs available to new applicants being gradually reduced if uptake of the technologies supported under the RHI is greater than forecast. This will be done by monitoring uptake on a quarterly basis against a series of “triggers”. Monthly updates on progress towards triggers will be published online and one month’s notice will be given before any reductions are made to the tariffs for new applicants.
Tariff Reviews
The new policy published today sets out the conditions under which tariffs may be reviewed and is now being implemented for the first time.
Following work carried out by the Sweett Group for DECC on the initial assumptions and data used to set the current tariffs under the RHI non-domestic scheme, DECC is planning to consult in the spring on changes to tariffs and will provide an update shortly on which tariffs will be included. This is intended to increase uptake and ensure the scheme continues to provide value for money. DECC also intends to review the scheme in 2014 and 2017 to ensure the tariffs continue to be set using the best available data. It is DECC’s intention that where tariffs increase as a result of the current review, installations accredited from 21 January 2013—the date the possibility of review was published—would benefit from that increase once the new tariffs come into force.
Biomass Sustainability
We will improve performance by meeting our previous commitments to introduce sustainability requirements for all existing and new installations using solid biomass as a feedstock. This means that in order to be eligible for the RHI, biomass installations will be required to demonstrate, either through reporting or sourcing from an approved supplier, that their biomass meets a greenhouse gas lifecycle emissions limit target and—from no later than April 2015—land criteria. We will work with industry through the course of 2013 to promote early reporting on a voluntary basis and to develop the “approved suppliers” approach.
Air Quality
Air quality requirements will form part of the RHI for all solid biomass installations including CHP installations which burn biomass and this will apply to all new installations only.
Metering
Metering requirements will be simplified in order to move more RHI applications into the “simple” category—those which only need one meter—and introduce more flexibility into the “complex” category to avoid redundant meters being installed, to reflect feedback received from participants, and to reduce burdens on industry.
These changes to both air quality and metering will come into force by autumn 2013 but we expect them to be in place no later than the end of 2013 subject to parliamentary process and will apply to all new installations only.
I will lay the necessary statutory instruments to implement these changes before the House as soon as possible.
Agricultural Council (Horsemeat Fraud)
(11 years, 9 months ago)
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The Secretary of State for Environment, Food and Rural Affairs (Mr Owen Paterson)
I represented the UK at the first day of the 25 and 26 February Agriculture and Fisheries Council. Ministers from the devolved Administrations were also present. I also had an individual discussion with Commissioner Borg. I would like to update the House on the Council discussion on horsemeat fraud in advance of the normal report on the rest of the Council business.
The Council had a wide-ranging discussion, following an update from the Irish presidency which summarised action to date, including the informal meeting of some agriculture Ministers which I attended on 13 February and the new EU-wide programme of testing of beef products for horse DNA and testing of horsemeat for phenylbutazone agreed on 15 February.
Member states endorsed EU-wide action to address the issue through the testing programme and rapid sharing of information on wrongdoing. There was also widespread recognition that this incident arose as a result of fraudulent practices outside existing EU legislation. The Commissioner reminded member states that they have responsibility for official controls in the food chain and food businesses have primary responsibility for compliance.
I outlined the urgent action the UK Government have taken to investigate the situation in the UK and noted that arrests have been made and investigations continue. I noted that the horsemeat fraud was a Europe-wide problem and urged all member states to share information rapidly in support of co-ordinated activity, including with Europol where appropriate in the case of active criminal investigations.
I drew attention to the scale of product testing by food businesses in the UK, with over 3,500 processed beef products having been tested by 22 February representing over 90% of retailers’ own products and over 80% of products supplied by manufacturers, caterers and wholesalers, of which over 99% contained no horse DNA at or above 1%. I welcomed the EU-wide testing programme and the fact that it covers testing for “bute” in horsemeat for human consumption. I drew attention to our consideration of ways of improving the current horse passport system. I also drew attention to the need to look further at the issues of horsemeat imports from outside the EU and asked the Commission for more information on horse movements within the EU. I made clear I saw a need for the testing programme to extend for two months beyond the initial one month. I also made clear that while the testing programme is essential to give consumers a clear picture of the extent of the problem, it is food businesses which have the primary responsibility for verifying that food is of the right quality and is correctly labelled.
I pressed the Commission, along with a number of other member states, to accelerate the production and publication of its report on extending mandatory country of origin labelling to meat in processed products and asked that this include a proper impact assessment so that we have evidence on the practicality and cost of extending mandatory origin labelling in this way and can avoid any unintended consequences.
I made clear that as this is a Europe-wide problem, while we would want to learn the lessons from this episode in the UK once the immediate incidents have been resolved, there needs to be a lessons learned exercise at European level.
The Commissioner for Health and Consumer Affairs undertook to try and speed up the report on mandatory origin labelling of meat in processed products but did not commit to a specific time scale. The Commission would prepare an overview report of member state official controls on hygiene, veterinary drugs and horse passports.
The presidency concluded that many member states had called on the Commission to speed up delivery of the origin labelling report. I asked for this subject to be on the agenda of the next meeting of the Agriculture Council on 18 and 19 March.
Bovine TB
(11 years, 9 months ago)
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The Secretary of State for Environment, Food and Rural Affairs (Mr Owen Paterson)
In October, I announced that the two badger control pilots that had been due to go ahead last autumn were being postponed at the National Farmers Union’s request. These pilots are part of the Government’s science-led and carefully managed policy to allow controlled culling of badgers, carried out by groups of farmers and landowners, to tackle TB in cattle. The policy is being piloted in two areas to test our assumptions about the effectiveness, humaneness and safety of controlled shooting.
Prior to the decision to postpone the pilots, licences were issued to the companies carrying out the culls in the two pilot areas in west Gloucestershire and west Somerset. Today, Natural England has formally written to the two companies confirming the final conditions in these licences have been met, meaning that culling can go ahead there later this year. This demonstrates the commitment of all organisations involved to the successful delivery of the pilots in these two areas.
At the same time, an area in Dorset will be prepared as a reserve. This is a sensible contingency in the event that, for any reason, one of the existing licensed areas is unable to proceed.
I know that there is great strength of feeling on badger culling, but I also know that we need to take action now before the situation deteriorates even further. We need to tackle all transmission routes of TB using all the available tools.
Uninsured and Untraced Drivers' Agreements (Review)
(11 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Transport (Stephen Hammond)
The Department has today published a consultation paper on our review of the uninsured drivers’ agreement and untraced drivers’ agreements, which the Secretary of State for Transport is a party to with the Motor Insurers’ Bureau (MIB).
These agreements provide a framework within which the MIB investigates claims and provides compensation to victims of accidents occurring in Great Britain and caused by uninsured or untraced drivers. They are updated periodically to ensure that they are fully up to date and provide appropriate compensation for claimants in accordance with EU and UK law. The current uninsured and untraced agreements date from 13 August 1999 and 7 February 2003 respectively. We have worked with the MIB, as the other contracting party to the agreements, in this process of review to see what amendments are necessary.
We need to ensure these agreements are compliant with the law but also as straightforward as possible in their drafting—making them easy to understand and apply. It should be borne in mind that, ultimately, premium-paying motorists bear the costs of all claims investigated and paid under these agreements.
The consultation documents can be found on the Department’s website. An electronic copy has been lodged with the House Library.
Employment, Social Policy, Health and Consumer Affairs Council
(11 years, 9 months ago)
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The Minister of State, Department for Work and Pensions (Mr Mark Hoban)
The Employment, Social Policy, Health and Consumer Affairs Council will be held on 28 February 2013 in Brussels. I will represent the UK.
The council will finalise its contribution to the European Council, which will take place on 14 and 15 March 2013. There will be a discussion on the European semester 2013 focusing on the priorities for action highlighted in the annual growth survey (AGS) and joint employment report. The Government support the five priority areas identified by the AGS.
There will be a general approach on the guidelines for the employment policies of the member states and an endorsement of the key conclusions and policy messages on the social situation and trends to watch in the European Union. Finally the presidency will report on preparation for the tripartite social summit meeting.
Ministers will also consider a Council recommendation on establishing a youth guarantee for political agreement and the Commission will report on their communication on the social investment package.
Under any other business the presidency will provide updates on legislative and other issues, the Employment Committee and Social Protection Committee will outline their work programmes for 2013, and the Employment Committee will report on its meeting with social partners on wage developments. Finally the Commission will update Ministers on the transitional arrangements regarding free movement of workers of Bulgarian and Romanian nationals.
Grand Committee
(11 years, 9 months ago)
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The Deputy Chairman of Committees (Baroness Harris of Richmond)
My Lords, if there is a Division in the House, the Committee will adjourn for 10 minutes.
Renewable Transport Fuel Obligations (Amendment) Order 2013
(11 years, 9 months ago)
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Earl Attlee
That the Grand Committee do report to the House that it has considered the Renewable Transport Fuel Obligations (Amendment) Order 2013.
Relevant document: 15th Report from the Joint Committee on Statutory Instruments.
Earl Attlee
My Lords, the Renewable Transport Fuel Obligations (Amendment) Order 2013 will amend the legislation governing the existing renewable transport fuel obligation scheme. The small group of amendments is significant in our efforts to tackle climate change, and complete our transposition of the EU Fuel Quality Directive.
Article 7a of the FQD requires suppliers to reduce the greenhouse gas intensity of the fuel they supply by 6% by the end of 2020, against a 2010 baseline. This order would extend the RTFO to cover suppliers of liquid fossil fuel for additional end uses required by the FQD. These end uses are: non-road mobile machinery, including inland waterway vessels that do not normally operate at sea; agricultural and forestry tractors; and recreational craft that do not normally operate at sea.
Suppliers of fuel for end uses covered by the RTFO need to demonstrate that, for a certain proportion of the fossil fuel they supply, greenhouse gas savings are delivered through the supply of sustainable renewable fuels. In addition, the amending order would make express provision for an unpaid civil penalty issued under the RTFO to be recoverable as a civil debt, together with interest at a specified rate. This would enhance the effective enforcement of the RTFO.
It may be useful if I provide a brief overview of the regulatory framework so that the proposed changes can better be understood. We have recently introduced the Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012, to which these amendments closely relate. The GHG regulations require suppliers to report on the greenhouse gas intensity of the fossil fuels that they supply. The Government must obtain this information to meet our obligations under the FQD but are not able to require it under the RTFO scheme.
Both the RTFO and GHG schemes are administered by the same team at the Department for Transport. The reporting requirements of each align as closely as possible to minimise potential burdens on suppliers. The RTFO obligation is met by redeeming renewable transport fuel certificates. The order would enable suppliers of renewable fuel for additional end uses covered by the FQD to be awarded certificates. These could be sold to obligated suppliers.
As the legislation stands, the obligation would be 5% for 2013-14 and thereafter. The order would adjust this figure to 4.74% from 2013-14 to ensure that the proposed expansion of the RTFO scheme does not at this point result in an increase in the absolute volume of biofuel supplied in the UK. This is necessary because of concerns about the sustainability of some biofuels when emissions from indirect land use change are taken into account. The Commission proposed a directive in October to address ILUC. Until such time as ILUC is resolved, we are not in a position to increase the obligation level on suppliers under the RTFO. We will, however, keep this under review.
In 2011 the Government consulted on the expansion of the RTFO provided by this draft order. Further to that consultation, time was provided for suppliers and end users of gas oil to prepare. The RTFO administrator has also provided advice to suppliers and has consulted on amended RTFO guidance relating to the proposed changes. I commend the order to the Committee.
Lord Berkeley
My Lords, this is a very interesting order and quite complicated for some people to understand. I have a few questions for the Minister.
The first question refers to this issue of non-road mobile machinery. The Minister will be aware that a lot of work and debate took place on this issue, which has been around for some time. The Commission, after much persuasion, produced a directive which was published in October or November 2011 and allowed non-road mobile machinery to continue not to comply with stage III B or the equivalent for a period of three years. That would allow the railway industry—I declare an interest as chairman of the Rail Freight Group—to purchase locomotives which did not comply with the new directive. There is a good reason for that: nobody had designed a locomotive that would comply, so it was either no locomotives or ones which did not comply. The industry persuaded the Commission of this and since then, surprisingly maybe, one or two designs have popped up. However, there is still a demand for this. It is now one year and three months since the directive was agreed in Brussels but it has not yet been converted into British law. So, technically, although anybody who buys a locomotive—I think that it also applies to tractors and other things off-road—is compliant with EU legislation, they can be taken to court and fined in this country because the Government have not got round to producing these regulations.
Perhaps the Minister can therefore answer two questions. First, when are we going to see these regulations? I hope the answer will not be “soon”, because in many Governments’ terms “soon” probably means a year’s time, and by that time they will have run out of space.
Secondly, what effect will the new regulation converting the directive into UK law have on this order? It seems to me—I may have got it wrong; I stand to be corrected—that we are implementing what is not a very sensible scheme from the Commission to add biofuel to existing fuel, especially when there is a shortage of crop area and crops around the world, which puts up the cost of fuel. Turning some of those crops into bio seems a bit perverse to me. Certainly the Renewable Energy Association believes that this will be a seriously perverse incentive to investment in renewable fuels and renewable generating capacity. It is talking about the market size being reduced to 30% or 40%, jeopardising investment of £1 billion and putting 3,500 jobs at risk. One can dispute those figures, but what consultation has taken place with the Renewable Energy Association? It is a very respectable organisation.
On Monday I attended a sort of round table with the noble Lord, Lord Deighton, our new Treasury Minister, who was extremely good. It was a Chatham House event so I am not going to say who said what. It was to do with investment and infrastructure, and investment in other things that the Government are so keen on at the moment. We were told, and there was general agreement, that there was not much trouble with finding the funds for investment. The two problems were: first, planning—which is going on in the Chamber at the moment; and secondly, some kind of comfort for the investors that the Government are not going to change their mind and change the ground rules or the buy-in price or whatever during the time when investors are trying to get a return on their capital.
I hope that the Government are going to follow-up this particular regulation with a new debate with the Commission as to what is right and what is wrong for biofuels and whether they should be there at all. Current thinking across many parts of the world has probably overtaken the original idea behind this.
Lord Bradshaw
The question that I wish to address to the Minister is slightly different from that of the noble Lord, Lord Berkeley. Making renewable fuels is a very complex and difficult thing, and we know that there is a lot of tension between the use of land for agriculture for producing food, and turning that crop into fuel. The noble Earl will recall that we have had discussions before on the question of recycling used cooking oil. This used to enjoy a margin of 20 pence over the ordinary cost of fossil fuels. The Government, in their wisdom, decided to put an end to this and “generously”—in inverted commas—decided that when this cooking oil is converted into fuel, it should enjoy a premium of two renewable fuel certificates.
I would like to know, since this has been in place, how much we are actually paying in the way of money for transport renewable certificates compared with the 20p which was a very definite sum and caused investors to really work hard at this particular subject. I am of the opinion that two renewable fuel certificates do not equal 20 pence, and I would like to know whether they have ever reached that. The important point is that as well as producing renewable fuels, the producers of renewable energy from cooking oil are doing a very important job in removing it from landfill, or stopping it from being tipped into rivers or drains or whatever they do with it. Unless it is worth while for people to collect and refine it, it will end up not being used and being dumped in some form or another on the landscape.
The Duke of Montrose
My Lords, I declare an interest as somebody who uses red diesel for heating oil, for tractors and also, at times, for generating electricity. In the amendment of Article 3(6) it talks about fuels that do not include a whole lot of additives to improve the fuel in terms of lubricity and various other things. If the renewable fuel is added, I wonder if that actually takes the place of some of these additives, and whether it will lower the freezing point. One of the problems with red diesel is that when it gets down below zero degrees centigrade to about minus eight or 10 degrees, it starts to wax up. I wonder whether the renewable fuel additive will actually help to prevent the freezing or the waxing.
Baroness Worthington
My Lords, I am pleased to be here to talk to this order. I have to say, though, that it is rather a miserly order. I happen to be a great supporter of renewable energy of all forms, and we as the UK have got challenging, legally binding targets to significantly increase the amount of renewable energy we use in our energy systems. These are energy targets, not just electricity targets, which means that the 15% we have to reach applies to transport, heat and electricity. Currently we have one policy that supports renewable fuels in transport and that is the RTFO.
Currently the RTFO is asking for 5% of the fuel supply to be made up of renewable sources and the Government have frozen that level. We know that we are going to need more than 5% in order to hit our targets, yet we have a policy that is frozen in time, with no longevity or future certainty, stuck at 5%. Now we have an order in front of us that is reducing this market further—not increasing it, not providing growth for that industry, not supporting new jobs, not providing UK farmers with new opportunities for selling products—no, freezing it and reducing it.
What is going on? It is almost as if those legal obligations did not exist. Yet they do, so what are we going to do? We will have to scurry at the end to try to build an industry which is there at the moment but is at severe risk of being undermined, of jobs being lost and investors fleeing, because of this continual undermining through these miserly orders that reduce the size of the market for this industry. I am very disappointed to see this coming forward.
It has been said before that you have to think of this in terms of volumes of litres of fuel sold, not just in percentages. Overall, fuel sales in this country are going down, so the percentage is also going down. So when the Government say, “We have to reduce this to 4.7% so that there are not more biofuels being sold”, that is nonsense. Actually that 5% is less and less every time the total fuel sold in this country goes down. Can the Government please explain their logic? They are talking about reducing the size of this market, and I find it particularly objectionable that they would use so-called green credentials to do this.
Apparently, the Government are very concerned about the sustainability of these sources. Yes, that is a very valid concern, which we share. But the UK has the best standards for biofuels of any country; they are world class, yet we are providing only 12% of this market. Why is that? Because there is no certainty, there is no confidence and there is no backing from the Government. This is yet another nail in the coffin of this industry. It is truly regrettable.
The renewable heat incentive also prevents the use of liquid biofuels for the gaining of credits in that market. Are the Government seriously saying that they support this industry? Absolutely not, they are doing everything they can to shrink it and to prevent it from growing. Presumably this is because they are protecting vested interests, because I do not believe that the arguments put forward on sustainability criteria really hold water.
We have had other commentators here. My noble friend Lord Berkeley has raised issues, as has the noble Duke, the Duke of Montrose, and the noble Lord, Lord Bradshaw, has talked about the need to recycle cooking oil. I hope the Minister will come back with answers and, above all, I hope he will explain to us why the Government see fit to keep capping this industry, reducing its market share, and how they expect to generate investment, growth and jobs in the country if they carry on in this way.
Earl Attlee
My Lords, I thank all noble Lords who have contributed to this short debate. The noble Lord, Lord Berkeley, talked about non-road mobile machinery, particularly the railway industry and locomotives, and the emissions regulations. I would like to point out that this order deals with the carbon intensity of the fuel. His point is not actually directly relevant, although I had a very interesting discussion with the officials at the Department for Transport who are directly responsible for this issue. It is quite close but not exactly on the subject. I will write in detail to the noble Lord about where we are on the emissions regulations for railway locomotives.
Lord Berkeley
The noble Earl is right to say that the NRMM is an emissions regulation rather than a fuel regulation, but is there no link between the two?
Earl Attlee
My Lords, I should imagine that technically they are inextricably linked, but the order deals with the RTFO and carbon intensity. The noble Lord is more worried about the emissions regulations on oxides of nitrogen and particulate emissions from railway locomotives. I have to say that some railway locomotives can best be described as filthy.
The noble Lord also questioned whether the ILUC proposals will harm renewable energy investment, and the noble Baroness touched on the same point. We are keeping levels of biofuels the same due to the ongoing ILUC concerns. We are actively negotiating this issue in Europe, and when the ILUC problem is resolved, we will be able—
Baroness Worthington
I have heard this response before. Perhaps I can talk it through in simple terms. If the total volume of fuel sales is declining, the percentage in volume terms will also decline. Does the Minister accept that the market share in terms of the number of litres of renewable fuel that can be sold declines as fuel sales decline?
Earl Attlee
My Lords, I know that the noble Baroness is passionate about this issue and I hope that she will allow me to get on to that very point.
When the ILUC problem is resolved, we will be able to increase the total amount of biofuel we create and process. In response to the point made by the noble Baroness, we are not reducing the total requirement for biofuel. I accept her point about the percentage of the market, which is going down slightly at the moment due to the economic conditions. Clearly, the total amount of biofuel produced will also go down; I accept the point. However, I do not expect the noble Baroness would be happy if, when the market starts to go up, we were to cap the amount of biofuel. If the market goes up, she would like to see more biofuel being produced—and the market will start to recover at some point.
Lord Berkeley
That is a fairly rash statement, is it not? The latest figures I have seen show that road traffic movements have gone down over the past four years whereas railway passenger numbers have shot up. Is this a change in government policy? Do they expect road traffic volumes to rise again? Is this all down to economic circumstances? If that is the case, why have rail passenger numbers gone up? Of course, rail passengers are not so directly affected by this. Obviously the Minister can say, “If road traffic goes up”, but it may not.
Earl Attlee
Noble Lords opposite know perfectly well that a range of factors affect the demand for transport. Demand for the fuels which propel that transport will fall during a recession, but when we get back to a period of growth, demand for all forms of transport will rise, as will the demand for fuel. That is inevitable. This is not a change in government policy.
Baroness Worthington
Except that we have increasingly tight standards on vehicle efficiency, which is another contributing factor to the fall in overall fuel sales. Our fleet is becoming more efficient as vehicles become cleaner. The Minister says that volumes have to be kept steady because the Government are worried about the environmental impact, but what I am saying is that we want greater volume. The Minister’s logic suggests that the volume should be kept steady, but it is not remaining steady, it is declining, and as a result the environmental impacts are declining.
Earl Attlee
I accept the point about the improving fuel efficiency of all transport equipment, and that is desirable. I also accept that we want to increase the amount of biofuel in order to reduce CO2 emissions. We have the same objectives. However, we also have to be careful not to do something that looks really good but gets us in a position where we are using very large amounts of biofuel while indirectly creating land use change in other parts of the world. I will come back to that in a moment.
The noble Lord, Lord Bradshaw, raised the point about used cooking oils, which now get two RTFCs. As he said, that does not equate to the 20 pence duty differential. The department recognises the importance of biodiesel made from UCO. We have committed to review the RTFO this year, but we cannot do so until we have had a full year of data on what is going on in the market. Because of the way that the market works, RTFCs can be issued quite late in the cycle. We must get the correct data.
At Question Time the noble Lord, Lord Kennedy of Southwark, raised with me a point regarding the dual obligation. A problem can arise whereby we might take a large import of ethanol and that adversely affects the used cooking oil market. I undertook to raise this issue with my right honourable friend the Secretary of State and I have done so. However, we cannot expect any changes until we have properly analysed the year’s trading.
Lord Bradshaw
Perhaps the noble Earl can stop there. It is generally small businesses that deal with used cooking oil, and cutting their income for a year can put a number of them out of business. This is not a game that is played in lofty heights; it is a cash-in-hand business. If it is not worth collecting the cooking oil, it will not get collected. There is some sense of urgency in communicating to the industry the Government’s real intention to make sure that such businesses do not lose out through these changes. When they were made—the withdrawal of the 20 pence differential and its replacement with renewable certificates—it was trumpeted that the industry would be better off or protected, but what has actually happened? I would like an answer, please.
Earl Attlee
I should point out that the duty differential was extremely expensive. I go back to my point that we must wait until the end of the trading period to see how the market is working. The other point is that, because of world and EU trade rules, as the noble Lord knows perfectly well, we cannot put in place regulations designed to protect our own used cooking oil industry.
Lord Bradshaw
However, you could take into account the fact that those people are giving a service to the community by collecting this wretched stuff, instead of it going to waste. It would not be stretching credulity too far to say that there should be a supplement to whatever is paid because they are carrying out a job that would otherwise fall to the Government. You have got to collect the stuff. Collecting it through the sewers, rivers or landfill is expensive.
Earl Attlee
My Lords, as the noble Lord knows perfectly well, if someone poured used cooking oil into a river they would be committing a serious criminal offence.
I can answer the point from my noble friend the Duke of Montrose, who talked about the freezing point—the wax point—of gas oil. There are, as he will know, technical regulations regarding where gas oil or diesel oil will freeze, but I have not briefed myself on that. In Bosnia, however, in the winter of 1993-94, I experienced gas oil freezing and it was not very funny. If I have anything more to add on that or if there is a problem I will write to my noble friend. I suspect that there is no specific freezing problem. However, I have to be honest and say that there are issues with biodiesel regarding how long you can store it. Advice is being issued to the people responsible—especially those with large generating plant or construction equipment—so that they know the limitations and that they will have to adapt their procedures slightly. It is a well understood problem.
Lord Berkeley
My Lords, I am grateful to the noble Earl. He is quite right: there is a problem with biofuels. I believe that people in the boating industry are expressing serious concern about it because people do not always use their boats very often, this stuff sits in the tank for a very long time, goes all funny and does not come out when they are trying to avoid hitting the rocks. That is probably a different version of the story told by the noble Duke, the Duke of Montrose, but there are some serious problems with this issue which I do not think have yet been resolved.
Earl Attlee
My Lords, I have spent a lot of time discussing this very issue with my officials. I will be honest: it will be necessary to make sure that the fuel is circulated in the tanks. If fuel has been in your tanks for several years, you will experience problems. However, I would expect boating magazines to write up what needs to be done. Technical advice will be available. I have to be honest and admit that this is an issue, but it is manageable.
The noble Baroness seems to be reluctant to accept my ILUC point. If we just want to look pretty and massively increase the amount of biodiesel that is produced just to look good—that is, increase the obligation level—and get our percentages right so that the graph goes straight to the desired end-state, we could change the rules on tallow and say, “Okay, all grades of tallow are waste and therefore will get double certification”. That would look great, but the only snag is that the better grades of tallow are also used for making soap. Therefore, there would be less high-grade tallow available for making soap, the people making soap would have to find something else with which to make it, and they would go for palm oil. An increased demand for palm oil would result in indirect land use change impacts. We would look wonderful—
Baroness Worthington
With all due respect, if there is a problem with the environmental impact of soap manufacturing, surely you should address that through regulations which directly affect soap manufacture. You cannot second-guess everything that will happen in a globally traded market in commodities.
Earl Attlee
My Lords, the noble Baroness has her views but the European Union takes this issue very seriously. We are trying to work out what the correct course of action is to avoid indirect land use changes. It is simply no good us increasing the demand for biofuels without having any regard to indirect land use changes in other parts of the world. I am surprised that the noble Baroness appears to be willing to ignore what is going on in the rest of the world just so that we can have good figures.
Baroness Worthington
I am not ignoring what goes on in the rest of the world. Clearly, criteria around the sustainability of biofuels are of the utmost importance. What I am concerned about is that the industry needs to reach its targets for 2020, which are legally binding, and the Government seem to have such disregard for that that they are not listening to its complaints. The Government do not seem to understand that the industry has had an increase in its market share up to April 2013, which is mere weeks away, but from that point on there is no future trajectory, no sign of when there will be a future trajectory, no clarity from the Government and no words of support, just order upon order that whittles away at the market. Of course the industry lacks confidence, and of course its investors are seriously concerned. What are the Government doing to address this? Are they consulting the industry? What can the Government do to reassure it?
Earl Attlee
My Lords, we remain very concerned that studies and impact assessments have demonstrated that some biofuels actually produce greater carbon emissions than fossil fuels when indirect land use change is factored in. The UK must in law comply with the EU renewable energy directive—RED—which contains a target for the UK to source 15% of its overall energy, and 10% of energy used in transport, from renewable sources by 2020. However, we are not prepared to move so fast that we create indirect land use change problems in the mean time. I am sorry that I have not been able to satisfy the noble Baroness. I am very disappointed; I will have to try harder in future.
Health and Social Care Act 2012 (Consequential Amendments) Order 2013
(11 years, 9 months ago)
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The Parliamentary Under-Secretary of State, Department of Health (Earl Howe)
My Lords, we had many debates in the House and in this Committee on the Health and Social Care Act, and the noble Lord will remember the lengthy debates on the Bill itself. In this Session debates have taken place on secondary legislation that puts in place key elements of the new system. Most recently, we debated the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations on 5 February and the draft Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations on 7 February.
This draft order, however, is very different from those sets of regulations. It is short, and it raises no new issues of substance. Since it seeks to amend primary legislation, it is right and proper that it is subject to affirmative resolution. But it is made under a narrow power to,
“make provision in consequence of the Act”.
I cannot claim that the amendments it makes are of significant interest. They are minor adjustments, needed as a direct consequence of the Health and Social Care Act 2012. They help to keep the statute book up to date and coherent, but they involve no new policies. Consistently with this, neither the Joint Committee on Statutory Instruments nor the Secondary Legislation Scrutiny Committee has seen a need to draw special attention to the draft order. That confirms that the amendments in the order are indeed consequential on the Act.
Because the order is brief and amends only a few pieces of legislation, it may be helpful if I explain the reason for the amendments to each Act in turn. I will start with the simplest. Section 403 of the Education Act 1996 refers to an NHS body within the meaning of Section 28(6) of the National Health Service Act 2006. Following the amendments to the 2006 Act made by the Health and Social Care Act, this is now Section 275(1). The draft order amends the cross-reference in the Education Act accordingly.
The order amends two other Acts by removing references to primary care trusts. These bodies are being abolished by the Health and Social Care Act 2012 on 1 April 2013, so it makes no sense to keep references to them on the statute book.
The first of the Acts in question is the Vehicle Excise and Registration Act 1994. Schedule 2 to this Act identifies the vehicles that are exempt from vehicle excise duty. Currently a vehicle is exempt when it is being used or kept on the road by, among others, a primary care trust or by,
“a health service body, as defined in section 60(7) of the NHS and Community Care Act 1990”.
The definition of “health service body” in Section 60(7) currently includes strategic health authority.
Schedule 5 to the Health and Social Care Act already removes the reference to “strategic health authority” from the definition of “health service body” in Section 60(7) of the NHS and Community Care Act 1990. Consistently with that, the draft order now removes the reference to primary care trust from the Vehicle Excise and Registration Act.
The second Act is the Welfare Reform Act 2012. Section 130 of this Act identifies circumstances in which local authorities may use or disclose information about certain benefit claimants, including when the claimant is in hospital accommodation provided by an NHS trust, a foundation trust or a primary care trust. Again, the draft order removes the reference to “a primary care trust” without replacement. The Health and Social Care Act creates no new provider bodies, so it is not necessary to replace this reference to a primary care trust.
I turn next to the Audit Commission Act 1998. The amendments to this Act look more complex because they amend a number of provisions, but their purpose is very simple. The Audit Commission Act is best known for setting out the audit framework for local authorities, which also applies, with some differences, to health service bodies. As matters currently stand, however, the Health and Social Care Act provides for clinical commissioning groups’ accounts to be audited by the Audit Commission in accordance with the Audit Commission Act, but the Audit Commission Act itself does not apply to clinical commissioning groups. These are the new bodies that are being established under the Health and Social Care Act to commission the majority of secondary healthcare. The draft order therefore amends the Audit Commission Act to ensure that its requirements for health service bodies apply to clinical commissioning groups. The amendments also recognise the role of the NHS Commissioning Board in relation to clinical commissioning groups. For example, if an auditor of a clinical commissioning group thinks that there has been unlawful expenditure, the auditor must notify the Commissioning Board in addition to the Secretary of State.
Earl Howe
My Lords, if the Committee will allow me, I think it is probably helpful if I complete my remarks. Our normal procedure is that the noble Lord, Lord Hunt, as opposition spokesman, will speak first, followed by other noble Lords. I will answer all questions at the end, if that is acceptable.
I turn now to the amendments to the Local Government Act 2000 and to the Local Government and Public Involvement in Health Act 2007, which I shall refer to as the 2000 Act and the 2007 Act. In both cases, the draft order removes references to primary care trusts and replaces them with references to the NHS Commissioning Board and to the relevant clinical commissioning group. The context here is one of commissioning services rather than providing them, so it is appropriate to make this substitution. To explain this in more detail, Section 104 of the 2007 Act sets out persons who are “partner authorities” of certain local authorities. The list currently includes primary care trusts. The definition of “partner authority” is relevant for a number of provisions in both the 2000 Act and the 2007 Act. For example, Section 9FF of the 2000 Act applies, with some exceptions, where an overview and scrutiny committee or its sub-committee makes a report or recommendation to the local authority or its executive on certain functions of a “relevant partner authority” that are exercised in relation to the committee’s area or residents of that area. In such a case, Section 9FF(2) enables the committee to require the relevant partner authority,
“to have regard to the report or recommendation in question in exercising its functions”,
and Section 9FF(4) requires the relevant partner authority to comply.
Lord Hunt of Kings Heath
My Lords, I am sure that the Grand Committee will be grateful to the noble Earl for his very comprehensive description of this very important order. I refer the Committee to my health interests, contained in the register.
It is a curiosity of Department of Health orders that we are having this debate on an affirmative resolution on a quite unexceptional order, and yet around us great debate is going on about the competition statutory instrument—which the noble Earl will know a little bit about, I suspect—which is a negative order. The noble Earl has explained that this is essentially making changes to primary legislation and that is why it has to be considered in this way. However, having made reference to the order on public procurement, SI/2013/257, is the noble Earl in a position to update the Committee on whether or not he intends to revoke the order?
I was interested in Article 4, which refers to the Audit Commission Act. My understanding is that either the Audit Commission has already been abolished or it is shortly to be abolished. I am not going to open up that debate today but it has been put to me that one of the benefits of the Audit Commission is that the fees it sets help keep audit fees down generally. My question to the noble Earl is: if clinical commissioning groups now have to use the big auditing firms, is there not some concern that fees will rise over time because there is not the discipline of the Audit Commission being able to provide an audit service itself? Given that the management costs available to clinical commissioning groups are quite limited, that would be a concern. Other than that, of course I am happy to support this order.
Lord Jones
My Lords, I am grateful to the noble Earl for his patient and detailed explanation of what the order entails. I had intended an early intervention so that he might be able to give the answer to my query during the debate. Does this order, which refers to social care, presage a better deal for those this with Alzheimer’s disease? In the context of my question, is the noble Earl able to give the briefest definition of social care?
Earl Howe
I am grateful to both noble Lords for their comments and questions. I turn first to the question posed by the noble Lord, Lord Hunt, around the Audit Commission and its role. The noble Lord is right: the Government’s intention is to bring forward legislation, as soon as parliamentary time allows, to replace the Audit Commission. The legislation will abolish the Audit Commission and establish a new framework for the audit of local public bodies in England. The Commons committee that undertook pre-legislative scrutiny of the Draft Local Audit Bill published its report on 17 January. The Government are considering the report very carefully and we will publish a response in due course. I think that that is all I can say in the context of the noble Lord’s question about fees, but if I have any further points to add I will, of course, write to him.
The noble Lord also asked me about the procurement regulations, and I congratulate him on taking the opportunity to do so. We remain absolutely committed to the undertakings given during the passage of the 2012 Act, and we are clear that the regulations we have laid adhere to both the letter and the spirit of those undertakings. However, we understand the concerns that have been raised by noble Lords and stakeholders, and we are making a public commitment to engage intensively with Members of Parliament and Peers to understand their concerns. We will look again at the regulations to see how we can explain them better, clarify our position and address the concerns that have been raised.
The noble Lord asked me about the definition of social care in the context of this order. I am perhaps not the best person for making up definitions on my feet. However, in terms of care of the elderly, social care is that activity which is characterised by the service provided by local authorities and their contractors to look after elderly people, both in residential accommodation and in their own homes by way of domiciliary care. The noble Lord mentioned patients with Alzheimer’s disease. I would perhaps sound a slight caveat because people with Alzheimer’s disease can, of course, be looked after in a variety of settings, including a healthcare setting. However, there are very many individuals who are looked after in their own homes and in residential care as well. Social care tends to be characterised as care that does not involve a specific health input, but rather the care of an individual for their day-to-day living needs.
Lord Jones
The noble Earl has been very courteous and helpful. Since I held, many years ago, a position like his in three Administrations, I know that to ask a question early enough enables the Minister to have the answer prepared by officials. I thus rise again to my feet simply to say that my original intervention was well intended because I knew that, notwithstanding the elegance and brilliance of the noble Earl’s ministerial reputation, it would have been more helpful if I had spoken earlier than I did.
Charities (Incorporated Church Building Society) (England and Wales) Order 2013
(11 years, 9 months ago)
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Lord Wallace of Saltaire
That the Grand Committee do report to the House that it has considered the Charities (Incorporated Church Building Society) (England and Wales) Order 2013.
Relevant documents: 18th Report from the Joint Committee on Statutory Instruments.
Lord Wallace of Saltaire
My Lords, this order is made under Section 73 of the Charities Act 2011 to give effect to the provisions of a scheme settled by the Charity Commission for England and Wales. The purpose of the scheme is to amend the existing trusts of the Incorporated Church Building Society, the ICBS, a charity which gives grants for the building and repairing of Anglican churches and chapels, and to simplify its administrative provisions.
The charity is regulated by the Church Building Society Act 1828 and therefore this order is needed to give effect to the changes to that Act contained in the Charity Commission scheme. Because the 1828 Act is a public general Act, the scheme cannot be made without the draft order first being approved by a resolution of each House of Parliament, in accordance with Section 73(4) of the Charities Act 2011.
The ICBS was founded in 1818 and incorporated by Act of Parliament 10 years later. Its purpose was to,
“remedy the deficiencies of places set aside for Public Worship in our towns and cities”.
For the next 100 years, it enjoyed considerable public support and contributed to the building and repair of Anglican churches and chapels. By 1845, the society was assisting with the building of more than 50 churches a year. It was the principal voluntary society for promoting the building and restoration of Anglican churches in the 19th century, the most active period of church building since the Middle Ages, and provided funds via grants and loans.
Over the next century, however, public support waned to the extent that by the early 1980s the society’s activities had shrunk considerably. The then trustees were concerned that the administrative costs of maintaining it as an independent charity, though modest, were absorbing an unjustifiable proportion of its income, which by then was derived largely from investments. To improve efficiency, another charity with similar objects, the Historic Churches Preservation Trust, now succeeded by the National Churches Trust, agreed to administer the society’s affairs for a small fee.
The ICBS was registered with the Charity Commission in 1962. A commission scheme is now needed to enable the National Churches Trust to take full trusteeship of the ICBS. However, due to the statutory basis of the ICBS, a parliamentary order is required to give effect to the scheme, which repeals all but the preamble and four sections of the 1828 Act, and provides for the administration of the charity.
The National Churches Trust is the only independent UK-wide charity supporting and promoting Christian places of worship. It does this through the provision of grants for repairs and modernisation, and through the provision of support, advice and information. The general committee of the ICBS has aligned the use of the remaining funds of the society with the general aims and objectives of the NCT, subject to ICBS funds being used to support those buildings with which the society is associated, namely Church of England buildings constructed from 1818 onwards. To this end, in recent years, and in anticipation of the implementation of the scheme, the remaining ICBS funds are being used to provide repair grants to churches that fall within this criterion.
The proposed scheme, which is being made at the request of the charity’s current trustees, sets out the powers of the new corporate trustee. The 1828 Act specifies that the trustees of the charity are the management committee. This governing body is more than 80 strong and includes the Archbishops of Canterbury and York, 44 diocesan bishops of the two provinces of Canterbury and York and 36 elected lay members of the charity. Members of the charity are,
“anybody who makes a donation of 10 guineas or an annual donation of one guinea”.
The trustee body is too large and it is difficult to know who is currently a member of the charity. The scheme replaces the existing trustees with the NCT, which will be the sole corporate trustee of the charity. The existing trustees are in agreement.
The charity’s objectives set out in the scheme are similar but not identical to the original objectives. In the 1828 Act the purposes are defined as,
“enlarging, building, rebuilding and repairing Churches and Chapels in England and Wales”,
whereas the proposed new objectives refer to churches and chapels of the Church of England. This narrowing reflects the charity’s close links with the Church of England and the fact that its support has traditionally been provided only to Anglican churches.
I declare what is almost an interest here. I am very conscious that Sir Titus Salt, who built Saltaire, not only built two churches in Saltaire for a village with a population of only just over 1,500 people but gave a very considerable amount of money for the erection and repair not only of Congregational and Methodist churches but also of Anglican churches all over the north of England. As I walk around Yorkshire, I am not entirely sure that the “repair” of a number of medieval churches during this period was something of which I entirely approve, but no doubt at the time it was regarded as entirely necessary.
The 1828 Act does not set out the charity’s powers explicitly in the way that modern charity governing documents do, so the scheme also provides the charity with standard powers, most of which are found in the model governing documents on the commission’s website. A significant motivation behind the trustees applying for this scheme was to modernise the governance and governing document of the charity. The scheme provides the charity trustees with the powers that they need to operate effectively and efficiently in the modern world.
I am confident that the new scheme will be beneficial to the charity. It will ensure that administrative costs are kept to a minimum and that a greater proportion of the charity’s funds can be used to fulfil its purposes. I therefore commend this instrument to the Committee.
Baroness Hayter of Kentish Town
My Lords, I thank the Minister for introducing a very welcome statutory instrument. As he indicated, the National Churches Trust, the only national, independent charity supporting religious buildings, does a great deal of valuable work. As he outlined, for two centuries it and its predecessor have been key players in the construction and maintenance of a great number of churches and chapels. Its work has provided places for worship, as well as supporting church buildings of historical and architectural value. In recent years, the charity has given Christian places of worship an average of £1.5 million a year in grants, allowing them to conduct vital repairs and modernisation, including increasing access, which clearly we welcome.
The work of the charity goes beyond religion and benefits the whole community. Every year, millions of people use church buildings for a range of activities, including classes for art, music and health—and even Labour Party meetings. The churches are also spaces for people to seek help. More than half of all Alcoholics Anonymous meetings take place in churches, as do 40% of Women’s Institute meetings. I am sure that the Minister, wearing one of his other hats, knows that one polling station in six at the most recent general election was in a church building. I fear that, for some of us, it is the only time we cross the threshold of a church. With pubs, social clubs and libraries closing, churches are often the last remaining community buildings. Therefore it is clear that the Incorporated Church Building Society provides a great deal for people of all faiths and of none.
As the Minister explained, as time rolled on, its constitution sometimes got in the way of its good work. As he suggested, by the 1980s its activities had shrunk and the trustees discovered, as had those of many other charities, that a greater administrative burden and awkward membership arrangements took up a lot of time as they tried to maintain it as an independent charity. The cost of administration became disproportionately high. We hope that the new scheme will address that. The statutory instrument, drawn up at the request of the current trustees, will allow the charity to update its structure. Importantly, as the Minister said, it will make the trustees the sole members, as opposed to the current arrangements which include anyone who donates a guinea. However, I realise that some people will not have his and my age and I thought I should explain that that is £1.05p. Or they could make a single donation of 10 guineas, which I worked out was £10.50p. The change would modernise the trust’s governance arrangements, simplify the administrative requirements and help to free up the charity to concentrate on its core business. I take this opportunity to congratulate the National Churches Trust on its work. We wish it well and are grateful that this SI has been introduced.
Lord Jones
My Lords, I thank the Minister for his commanding introductory remarks and my noble friend for her youthful remarks. I have read the helpful policy background in the Explanatory Memorandum which the department has composed, and for which I am grateful. Paragraph 7 of the Explanatory Memorandum, headed, “Policy background”, states:
“The purpose of the Charity is to provide for the better collection and application of voluntary contributions for the purpose of enlarging, building and repairing Church of England churches and chapels situated in England and Wales”.
It has occurred to me that those churches and chapels in Wales are not Church of England, they are Church in Wales. So the question I have for the Minister is: has the department come forward with this order not knowing that there is an error in the Explanatory Memorandum? Is it therefore proceeding in error on that basis?
It was nice to hear the Minister refer to churches in Saltaire. St Ethelwold’s of the Church in Wales is a splendid church in north-east Wales in the town of Shotton. Would this order enable the tower of St Ethelwold’s to be completed or allow for that possibility?
Lord Wallace of Saltaire
My Lords, I thank noble Lords for their welcome of the order. I particularly welcome the comments of the noble Baroness, Lady Hayter, on the translation of churches into spaces for the local community. I have experienced shock on one or two occasions when going back to churches in which I had worshipped, or in whose choirs I had sung as a boy, to discover that all the pews had been removed, including one very old-fashioned church which we went to when my father was the local bank manager. The bank manager’s pew was the second one from the front on the right-hand side, and one had to sit in the bank manager’s pew. Thankfully, that has now all gone. The pews have all been removed and it is an open space for all sorts of purposes. As we know, that has happened all over the country. I think that that is part of the transformation of the Church of England in making sure that it does continue to hold together local communities for people of all backgrounds and all faiths.
On the question of churches in Wales, there is a separate Welsh Religious Buildings Trust, which was founded in 1996 to care for redundant historic places of worship of all faiths in Wales. To avoid duplicating the work of the Friends of Friendless Churches, those of the Church in Wales are excluded from this. The trust currently cares for six buildings and is in discussion with regard to a seventh, but I am very conscious, as I know the noble Lord will be, that there are a great many churches and chapels in Wales which are open to the desirability of assistance. There are other comparable charities. I happen to know the Historic Chapels Trust very well because I have good friends in Yorkshire who are actively engaged in that. There is a Scottish Redundant Churches Trust, a Scotland’s Churches Trust and an Ulster Historic Churches Trust, so this is dealing with England partly because the devolved Administrations have parallel and comparable bodies.
Having answered those questions, I welcome the general acceptance that this is a desirable and useful adjustment of an early 19th century charity. We have to modernise charities from time to time and it is entirely within the principle of the public interest of charities that this amendment should be made. I hope that we all welcome the extent to which churches, which are often at the historic centre of communities, are being restored, opened and transformed to provide places where members of the communities can get together. I commend the order.
Elections: Voting Age
(11 years, 9 months ago)
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Lord Tyler
To ask Her Majesty’s Government how they intend to respond to the majority vote in the House of Commons calling for a reduction in the voting age to 16.
Lord Tyler
My Lords, the Prime Minister and the Cabinet seem to have accepted the case for extending the franchise to 16 and 17 year-olds. They have not just promised to accept the change but have acted to make it a reality. Before noble Lords express incredulity, let me add an important caveat. They have indeed done so, but only, of course, for our fellow citizens in Scotland, and only for the specific 2014 vote on whether Scotland should become independent. It is a matter of record—I refer noble Lords to the statement made by the Secretary of State for Scotland on 15 January—that the Government have accepted that this could happen under the Edinburgh agreement. The Secretary of State said that,
“what happens in Scotland affects the whole United Kingdom”.—[Official Report, Commons, 15/1/13; col. 748.].
It was in that context that on 24 January, MPs voted by 119 to 46 for a Motion to rationalise the extension of the franchise in this respect throughout the United Kingdom. The support was cross-party, just as it is for my own Voting Age (Comprehensive Reduction) Bill, which has received support from all parts of your Lordships’ House. In my view, cross-party support is absolutely critical for an issue of this sort. Some politicians advocate changes in the electorate, such as those who advocate the extension to overseas voting, because they hope that it is going to be to their political advantage. But in this case the sole advantage is to the electorate as a whole and its reconnection with the political process as a whole. I am therefore delighted that my noble friend Lord Lucas is hoping to be able to participate in this debate shortly, along with the noble Lord, Lord Adonis, and the noble Baroness, Lady Young of Hornsey. All three intend to participate because they have given their support to my Bill. However, I pay special tribute to my noble friend Lord Lucas because I have shamelessly plagiarised his Bill of 10 years ago.
It would be patently inequitable, irrational and absurd to limit this reform of the franchise to one part of the country for one occasion only. As things stand, the same cohort of the Scottish population that will be added to the register for the referendum will then be refused a vote in the general election a few months later. That makes no sense. What if a Westminster, Holyrood or local government by-election poll takes place in Scotland on the same day as the referendum? Are 16 and 17 year-olds to be issued with only one ballot paper for the referendum, but excluded from choosing their representative? Would 16 and 17 year-olds be refused a vote in any subsequent referendum, such as on our continuing membership of the European Union? Quite apart from the issues of principle, let us imagine the complex bureaucratic nightmare of such markedly different registers for different purposes if these inequities are allowed to continue.
It is being trailed that the Scottish change was agreed only reluctantly because the First Minister demanded it in exchange for meeting the UK Government’s insistence on one simple, approved question in the referendum and a supervisory role for the Electoral Commission. It has even been suggested that Mr Salmond made it a condition of accepting these other requirements because he anticipated that they would be refused. Some cynics take pleasure in noting that not only did the Westminster Ministers and all parties call his bluff, but all the signs are that younger people are just as doubtful about the merits of breaking up the UK as everyone else.
Whatever may have been the cause of this acceptance of a temporary change to the Scottish electorate, surely no one can deny that it would be irresponsible and damaging if it led to what the Constitution Committee of your Lordships’ House has always warned us against—namely an,
“ad hoc and piecemeal approach to constitutional reform”.
In its report, The agreement on a referendum on independence for Scotland, our committee also insists that the relevant authorities must act,
“in accordance with their constitutional responsibilities of fairness and equal treatment”.
If that applies north of the border, surely it must also apply everywhere else in the United Kingdom. The case for equality in the franchise must make itself for the whole of our country.
However, to those Members of both Houses who regularly attend sixth-forms—in the case of Members of the other House, in their constituencies; or for Members of this House, on behalf of the Lord Speaker’s outreach programme—the substantive case for extending the franchise must be just as clear. Students of this age cohort are far better informed about the major issues of our day than I was at that age. Fifty years ago, most people inherited their opinions and political allegiances from their parents. This was all too apparent when I first canvassed in the 1960s.
It is of course also true that 18 year-olds at present are, on average, unlikely to have the opportunity to vote in a general election until they are well over 20. Even if the franchise is extended, 16 and 17 year-olds may not have that opportunity until they are 18 or more. However, getting on the electoral register with full entitlement to vote would be a natural end product of the citizenship course in schools. It would become part of the normal process towards complete legal maturity, and addressing it in school would deal with some of the fears about under-registration that have been expressed in this House.
When the Government bring forward regulations for individual electoral registration, they could easily stipulate that all 14 and 15 year-olds in school should be registered in year 10 at school, in readiness for entitlement to vote, once they turn 16. The Government would, in turn, have to bring forward the time at which national insurance numbers are issued, or establish an alternative identifier for this group. That is not that difficult.
This simple but significant change would also help young people to appreciate that national elections are not the only occasions for democratic influence on the conditions in which they live. As my honourable friend Stephen Williams observed when he introduced a successful Motion in the other place on 24 January, this age group has shown a dramatically increased awareness of political issues and institutions in recent years. The audit undertaken by the Hansard Society has shown an increase from 17% to 31%, in a relatively short number of years, in that age group’s general knowledge of the working of Parliament, bringing them into line with the older electorate. It should be a logical further step in the success of citizenship education to bring them into the franchise.
I know that some Conservatives resist the idea that a 16 or 17 year-old is mature enough to cast a vote in a local or national election. However, as I noted in the January debate, the Minister responsible, Chloe Smith, was not able to deny that a 15 year-old can be a voting member of the Conservative Party, and therefore vote for the election of its leader. What I am asking the Minister to do this afternoon is accept that there is now a strong case for a proper examination of this issue.
As a member of the informal cross-party group of parliamentarians who advise the Electoral Commission, I am very conscious that the commission, rather than party politicians, should be responsible for advising Parliament on extensions to the franchise. However, it is now nearly 10 years since the commission studied the issue. Its report promised a,
“further formal review of the minimum voting age within five to seven years of this report”.
That was nine years ago, in 2004. In July 2007, the then Prime Minister promised yet more examination of the case, including an analysis of,
“whether reducing the voting age would increase participation in the political process”.
Although the resulting Youth Citizenship Commission found strong support for votes for 16 and 17 year-olds, it also identified “a real evidence gap” on the issue. That was nearly four years ago.
There are two areas in which further evidence could be sought immediately. The first is the claimed tendency that those who start voting young, continue to do so throughout their lives. Secondly, we need to take account of the practical experience of secondary schools in Northern Ireland where completion of citizenship naturally leads to inclusion on the individual electoral registration process.
I hope that the Minister will be able to give us a firm commitment, after all these previous promises, that the Government do not consider the upcoming franchise extension in the Scottish referendum as an ad hoc, piecemeal, self-contained irrelevance, and that the Electoral Commission will now be invited to fulfil its promise to undertake further comprehensive investigation as a matter of urgency.
Lord Norton of Louth
My Lords, I congratulate my noble friend Lord Tyler on raising this issue. It is one that we have variously discussed before, as he mentioned, although I am not sure that there has been that much said recently, here or in the other place, that has added much to our knowledge on the subject. On my noble friend’s point about a single election for which the election age was specifically lowered, I note that there is a precedent; it has happened before, in 1918.
Debate on the issue appears to stem from a false premise. Voting is a consequence of political interest, not a cause of it. Lowering the voting age is not likely to have a positive impact on turnout any more than it did when it was lowered to 18 in 1969. It did not promote participation in democracy, but rather served to demonstrate what we already knew: young people are among the groups least likely to vote. That is borne out by the data for recent general elections. One does not change that by further lowering the voting age.
Focusing on the voting age may be seen as a form of displacement activity, recommending change to process rather than addressing the real causes of distrust in the political system. The claim made in another place by one MP in an EDM that,
“lowering the voting age could play a huge role in helping young people feel more connected with political processes”,
is to misunderstand the root of the problem and is arguably a dangerous misunderstanding.
Our time today would be better spent getting to grips with the really important question of why young people are not willing to engage with the political process. As the Youth Citizenship Commission observed,
“while enfranchisement of 16 and 17 year olds is a valid issue for consideration, it is not the key component of any strategy for better engagement of young people”.
It is variously pointed out that more young people will vote for participants in television programmes such as “X Factor” and “Britain’s Got Talent” than vote for parties in a general election. However, that observation rather misses the key point, which is that nowadays political activity has to contend with a plethora of competing interests in a way that it did not have to 40 or 50 years ago. Political parties used to hold a more prominent role in social activity than they do today. Young people are now able to indulge their passions, which can be instant and transient, through social media. Political parties are not able to respond effectively. They cannot offer instant gratification. Neither, I fear, can elections. We need to be addressing this mismatch. There is no easy answer, which is all the more reason for addressing the problem. What we are discussing this afternoon does not get to grips with the real issue.
As to the voting age, what are the arguments for change? Those who favour lowering the voting age advance the argument that at 16 you can join the Army, marry and pay taxes. You cannot simply join the Army at 16. You can apply to join the Army, which is not the same thing at all. Having applied, you have to be selected. What this recognises is that only certain people in this category have the requisite ability. Even if you are selected, you are not sent to the front line. You can marry but only with parental consent. Very few 16 year-olds pay income tax.
As the previous Government’s Children and Young People’s Unit said in its Young People and Politics: A Report on the YVote/YNot? Project in 2002:
“As far as lowering the voting age is concerned, it is clearly necessary to decide at what minimum age most people are sufficiently politically aware, mature, and independent to make up their minds and choose between the various candidates standing for election. On balance, Government takes the view that there is more likely to be a higher percentage of people aged 18 who are able to do this than at 16”.
We live in a society where the road to becoming an adult is staggered. We grant rights to young people at different ages on their journey to adulthood. There has to be some age at which we grant the right to vote. No magical property attaches to it being at 18, but neither does it to being at 16. Most nations opt for 18. A number do not, and just because most nations follow one practice, it does not mean that we have to follow. However, given the lack of a compelling case for change, and with no clear public support for it, I am not persuaded by the case that my noble friend proposes. It would be more fruitful to address the much more difficult issues that confront us.
Lord Wills
My Lords, I, too, congratulate the noble Lord, Lord Tyler, on securing this debate. It is timely and important and, as so often when we discuss constitutional issues, I agree with a very large amount of what he said. He is right that the issue has been debated for some time without any conclusion being reached. There are passionate feelings on both sides but we seem unable to come to any conclusion. He is certainly also right that the United Kingdom should not be dragged backwards into making an ad hoc constitutional decision by the manoeuvring of the SNP.
However, I am more agnostic than he is about the issue of lowering the voting age. It is not an issue where sides are chosen on the grounds of political ideology. It is also an unusual issue in that positions are not driven, as is so much public policy, by differing priorities. Rather, the position taken on this issue seems to be as much the result of some gut instinct as anything else. For every argument advanced by one side there is an equally compelling argument on the other.
If the argument for lowering the voting age is that young people should be considered adults at 16 rather than 18, there are counterarguments that young people mature at different rates. Whereas some are clearly adults at 16, others are clearly not, and there is no sensible way of evaluating this. If the argument is that the law should be consistent in a way that it is not currently and that there should be one age at which young people are deemed to have become adults, with all the rights and responsibilities that follow, there is no particular reason why it should not be equalised at 16 rather than at 17, when young people are deemed mature enough to take possession of the lethal weapon that is a motor car—or at 18, which will soon be the age up to which young people will be deemed unarguably in need of full-time education.
If the argument is that possession of the vote will engage young people more in civil society and democracy, there is no evidence—as the noble Lord, Lord Norton, pointed out—that it has had that effect on those aged 18 and over. If the argument is the principled one of no taxation without representation, it will soon be the case, when the school leaving age becomes 18, that the already very small number of 16 and 17 year-olds who pay tax will dwindle even further.
In the face of the directly conflicting arguments that have clearly bedevilled the resolution of this issue for many years, it might be tempting to fall back on the essentially conservative argument that the noble Lord, Lord Norton, put forward: namely, that the case for change is insufficiently compelling to merit the upheaval that always accompanies any kind of profound constitutional change. However, I have an alternative suggestion.
Whenever constitutional change is discussed—we have heard it already, and I am sure we will hear it again from the distinguished speakers who will follow me—politicians lament the decline of trust in politicians, the increasing disengagement from formal political, democratic processes, and how disadvantaged groups and younger people are increasingly unlikely to vote at elections. One way of helping to tackle these problems is to develop ways in which the public can be more directly involved in the formulation of public policy. New methods of engaging the public in this way through deliberative democracy are potentially important both in engaging the public in politics between elections and in improving public policy.
Such methods would bring together perhaps 500 to 1,000 people to deliberate on policy, exposing them to a range of opinions and policy options and allowing them to debate them over a period of time, typically a day or two, before coming to conclusions. Such exercises would enable the public to bring relevant knowledge, experience and wisdom to bear on policy formation that may not always be available to cloistered Ministers and officials. Engaging the public in this way could help legitimise and entrench policy that might otherwise be unnecessarily contentious.
When politicians cannot come to any sort of settled agreement on an issue such as the one we are discussing today—I agree with the noble Lord, Lord Tyler, on this—constitutional change should always take place as far as possible on the basis of broad agreement across Parliament. That is not always possible, but it should always be at least the starting point. When the change so directly affects our constitutional arrangements and, therefore, everyone in the country, such deliberative democratic arrangements could play an important role in crystallising the issues and helping Parliament to come to a conclusion, thereby providing an important part of that proper consideration that the noble Lord, Lord Tyler, has so rightly called for. Those involved in such an exercise would be selected randomly but filtered to ensure that they are demographically broadly representative. In this case, they might legitimately include a significant weighting of 16 and 17 year-olds. Whatever decision this group arrived at, in keeping with our precious system of representative democracy, it would still be for Parliament to reach the final decision, but it could now do so informed by the wisdom of the people that it serves.
The Liberal Democrats used to be in favour of such methods of enriching democratic participation before they became preoccupied with other things such as government. I hope that the noble Lord, Lord Tyler, can perhaps persuade his colleagues in government to rediscover that enthusiasm.
Lord Adonis
My Lords, I support votes at 16, and I commend the noble Lord, Lord Tyler, for leading on this issue so robustly. It was Aristotle who said:
“We are what we repeatedly do”.
This is of course why education is so important in forming social habits as well as acquiring information and skills.
In this country we are ambivalent about educating teenagers in democracy and democratic duties, even as we complain incessantly that teenagers are too irresponsible and disengaged. The issue of the voting age typifies this ambivalent and contradictory stance. We deplore the fact that only 44% of 18 to 29 year-olds voted in the previous general election, yet many draw the conclusion that to lower the voting age would pile apathy on apathy. I draw the opposite lesson. Too few young people vote, in part because democracy and education in democracy are not, as Aristotle would put it, repeatedly done at school and college as teenagers are maturing.
Democracy and civic responsibility need to be taught and learnt in schools. We cannot carry on, as with sex education a generation ago, expecting them to be learnt spontaneously or informally, where parents are not engaged, and then complain when this does not happen. This is why the previous Government introduced citizenship as a subject in the school curriculum. It is why I strongly support school councils, in primary schools as well as secondary schools; it is why, in my own party, I am constantly urging university students to stand in local elections and to become councillors; and it is why I now believe that the time has come to lower the voting age to 16, in national and local elections.
I take up the point made by the noble Lord, Lord Norton: this is not because that is the only step needed to promote civic responsibility among teenagers. He and my noble friend Lord Wills have identified a number of other possible steps, many of which I support. However, I do not understand the argument made by the noble Lord, Lord Norton, against votes at 16 that because it is only one among several steps needed, and not a panacea, it should therefore not be taken at all. That is a very conservative argument against progress of any kind.
It is important not to see these things in isolation. Education and democracy need to go together literally. Most 16 to 18 year-olds are in school or college, and that is where the polling stations should be as well. Every school with a sixth form and every further education and sixth-form college should have a polling station, and young people should be registered to vote there—instead of there being the perversity that some schools are actually closed on polling day so that the adults can vote undisturbed. If we did this, voting would become a semi-obligatory rite of passage, like taking GCSEs and A-levels; citizenship education in schools would have a stronger and more urgent focus; candidates and parties, in local as well as national elections, would regard school and college students as a key constituency; and mock elections would lead to real elections within the education system itself, in the same way that mock exams lead to real exams, and work experience leads, it is hoped, to real work. All this can and should be done.
I have one final point. We are told—and were told again by the noble Lord, Lord Norton—that Britain should not innovate in this way because it might make us look odd internationally. When Britain helped lead Europe in introducing and sustaining democracy in the 19th and 20th centuries, we often looked odd. But we were odd and right, and others followed. I am sure that it would be the same, in time, with votes at 16.
Baroness Young of Hornsey
My Lords, I, too, am pleased that the noble Lord, Lord Tyler, has given us the opportunity to discuss the lowering of the voting age to 16. One of the main benefits of such a discussion is having the opportunity to think about how our attitudes to young people have changed and developed over the years here in the UK.
Encouraging young people to become actively involved in local community politics through exercising a right to vote could help reinvigorate local government, as well as contribute to boosting the number of people who vote in police and crime commissioner elections, and so on. I agree with the noble Lord, Lord Norton, that giving younger people the right to vote should not be seen as a universal panacea for increasing engagement with parliamentary and local government democracy, but there seems to be little evidence to suggest that lowering the voting age will be detrimental to voter turnout. In Austria, Nicaragua, Guernsey and the Isle of Man—where 16 year-olds are allowed to vote—there are consistently higher levels of voter turnout than we currently have here, and we need to understand why.
I have heard some extraordinary comments about 16 year-olds and their apparent lack of sense, political naivety, lack of intellectual capacity, inability to tell when they are being taken for a ride, attachment to superficiality and celebrity, et cetera. I only wish I could say that none of those observations applies to people of my own and other age groups. In my experience of visiting schools and speaking with groups visiting Parliament, young people know and feel very strongly about key global issues relating to the environment and poverty, through connections with schools overseas, the internet, and so on. As the noble Lord, Lord Tyler, has said, this information was simply not available when many of us were younger.
Back in 2006, in response to a recommendation by the Power report, one MP argued against the lowering of the voting age to 16, saying:
“Clearly, a line must be drawn to indicate when a young person becomes an adult, and the present age of 18 is widely accepted across society as signifying a major turning point in the personal development and maturity of individuals”.
Of course, that is not actually true because there is so little consistency about when we deem a young person to be an adult. In any case, those kinds of distinctions are very much socially constructed and change over the years. When I was a teenager, the line was drawn at 21, and I am sure that at that time it seemed equally obvious that that was the magical age at which maturity suddenly dawned. But I would argue that even in the seven years since the inquiry headed by the noble Baroness, Lady Kennedy of The Shaws, reported its findings on participation, we have seen sufficient changes in society to warrant a fresh look at this issue.
There is a general recognition, I think, that many of our children and young people mature physically and psychologically earlier than previous generations. Some even have the responsibilities associated with older people, such as acting as carers for family members. Since the 1980s, more and more young people have expected to go on to further and higher education and as a consequence have had to develop skills of intellectual analysis, which again were not necessarily available to some of us when we were younger. A-levels are offered across the country in government, politics and public administration, and there are courses on citizenship, rights and responsibilities, mock elections, and so on.
As has already been mentioned, the so-called new media such as Twitter, YouTube, the internet and apps offer opportunities to learn about the world in a much wider way than ever before. Young people born into the digital age are most adept at exploiting these resources.
Anyone who doubts that 16 and 17 year-olds are capable of unpicking and analysing political discourse should go to some of the schools that colleagues and I have visited as part of the Peers in Schools programme. When I went to Haringey Sixth Form Centre in Tottenham, when we were in deadlock here debating the reform of the House of Lords, I was well grilled by a group of 16 and 17 year-olds on every aspect of the Bill in a very knowledgeable way and in great detail. They were far more knowledgeable than some of my friends outside the House.
Then there is the Youth Parliament, formed in 1998. Members are aged between 11 and 18 and more than 500,000 young people vote in the elections each year. I will give the last word to somebody who was a representative in the Youth Parliament and who now interns for me, Adam Jogee. About six years ago, when he was 16, he wrote the following:
“As an elected representative of the young people of Haringey, I have first hand experience of their passion, energy and commitment: the energy they use to serve our community, the passion with which they view the world and its future and the commitment which they use to contribute to our society. If we look back over the decades, there are countless cases and examples of people rising up and fighting for their basic human right—the right to vote!”.
Lord Parekh
My Lords, I thank the noble Lord, Lord Tyler, for securing and introducing the debate. I must have thought about this question for nearly 40 years as a political philosopher. Although it is a subject on which it is difficult to take a definite position, because one can see arguments on both sides, I am increasingly convinced that the case for a reduction in age from 18 to 16 is very weak and the case against it is fairly strong.
The case for it seems to rest on three arguments, which I will call the arguments of consistency, fairness and democracy. The first argument runs something like this: reducing the age to 16 will bring it in line with other areas of life; for example, children can leave school at 16, get married at 16, can and have to pay tax at 16, join the Armed Forces at 16 and consent to sexual relations at 16. If that is the common age, why can it not be true of voting as well?
The second, right-based, argument is that 16 year-olds these days have the maturity to form political judgment and it is only right that they should be able to vote in the same way as 18, 19 or 20 year-olds. The third argument is that it will increase their interest in politics and strengthen the foundations of participatory democracy.
I am afraid that I am not persuaded by any of these three arguments. The first, that it will bring it in line with other areas of life, is a half-truth. There are several areas of life in which 16 year-olds today cannot do things; for example, they cannot buy alcohol, they cannot serve on a jury and they cannot place a bet. If they can join the Armed Forces at 16, it is only with the consent of their parents, not on their own. Therefore, to say that it will bring them in line is not true.
It is also important to bear in mind that, although they pay taxes—the argument being that there should be no taxation without representation—if a five year-old or seven year-old goes to a shop to buy a bar of chocolate, he ends up paying VAT or whatever indirect taxes he is subjected to. It would be wrong to say that a nine year-old should be able to vote simply because he pays tax; the argument would be absurd.
On the second argument, that one can acquire the capacity for political judgment on what is the right thing to do at 16, there is no evidence for this. What kind of research is this alluding to? I have not seen any here, in the United States, or in any of our European partners. People having access to more information on the internet simply means that they have more information—but information is not knowledge, let alone judgment. In politics, as a voter one is concerned with a practical activity that entails a practical judgment about the range of possibilities that are open to one, and how one should exercise one’s vote. Practical judgment does not come simply by looking at Google and the internet. I would say the same of citizenship classes. One can marshal all kinds of information about various political ideologies; all the things that we have taught in universities for years. Does the kind of information that one can communicate to students in itself give someone the competence to make a political judgment on the issue of whether they should be voting Labour or Liberal Democrat, or whether or not they should be supporting the war in Iraq?
On the third argument, that this will increase their interest in politics: fair enough. However, as my good friend the noble Lord, Lord Norton, said, that seems to me to be putting the cart before the horse. You cannot dangle a vote in front of somebody, saying, “We will give you the vote now in the hope that you will take an interest in politics”. One would hope that a vote is a reward, not an incentive. We are reducing a supremely sacred political activity—the vote, the exercise of highest sovereignty a community has—to dangling a kind of carrot and asking, “Look, if we give it to you, will you vote?”. It is striking that 18 year-olds have had votes for a long time. In the previous general election, only 39.6% of them voted, compared to the rest of the population at somewhere in the region of 70%.
Therefore, I would suggest that the arguments for are not persuasive; at least I have not found them persuasive so far, but other arguments could be produced, in which case I would like to hear them. The arguments against 16 year-olds being allowed to vote seem fairly strong. First, as I say, voting is an exercise of power. It is a participation in sovereignty. If you are going to exercise power, you must have a capacity for judgment of a practical kind. Unless you have had some experience of life, some independent existence and have broken out of the sheltered environment of the family and seen the world on your own and made choices, how will you be able to know what kind of judgment you should make?
My other simple fear is that, given low turnout among young people and the fact that low turnout can be habit-forming, if a 16 year-old gets into the habit of not voting, he or she might continue that habit until the end of their lives. There is a danger that if we give 16 year-olds the vote in the hope that they will participate more enthusiastically in the voting process, the opposite will occur.
The Earl of Mar and Kellie
My Lords, with some trepidation I shall speak in the gap. If I had been the First Minister negotiating the Edinburgh agreement, I would definitely have traded a second question for votes for 16 and 17 year-olds—not that I disapprove of them, but the second question will be much more useful for the whole of the United Kingdom. I was going to say that people under 16 pay VAT, but the noble Lord, Lord Parekh, has already done that for me. In visits to schools under the Peers in Schools programme, I always ask pupils, “Do you think you’re a taxpayer?”. They always say no and I trump them by asking, “Well, you all pay VAT, don’t you?”. That is a trivial point.
I wish to comment on three Scottish matters. Sixteen and 17 year-olds already vote in health board elections in Scotland. They can also vote—not that there are very many of them—in the Crofting Commission elections. As regards marriage, a lot of truth has been spoken in the past about people hightailing it up to Gretna Green because the Marriage (Scotland) Act allows them to marry at 16 without parental consent, whereas in England and Wales you certainly have to be over 18 to marry without parental consent.
My final point is merely anecdotal. I visited various schools in the autumn and spoke with pupils in the fourth, fifth and sixth years. I asked them how old they would be in the autumn of 2014, making them think it out. They discovered, perhaps for the first time, that they will have the chance to take part in the referendum. When you say, “How do you think you will vote?”, unfortunately, a massive number, because they have not thought about the fact that they will be able to vote, are nowhere near thinking about what their vote might be. However, I certainly support the idea that we should consider lowering the voting age.
Baroness Hayter of Kentish Town
My Lords, I add my congratulations to the noble Lord, Lord Tyler, on securing this debate. It is an issue that we are happy to support. It is true that in our most recent manifesto our support was limited to granting a free vote on the issue, but I am glad to report that we have now moved on. In part this was because we found that the roof did not fall in when our Scottish friends gave the referendum vote to those aged 16 and over—and, as we have heard, to crofters. I hope in part that the amendment I moved to the Parliamentary Voting System and Constituencies Bill, to allow 16 and 17 year-olds to vote in the AV referendum, pushed the issue up the agenda. I suspect in part it was also because we have a younger leader than we had at the time of our last manifesto. However, I think that it was mostly because it is the right thing to do.
The Electoral Reform Society has long argued for this. Unsurprisingly, as the noble Baroness, Lady Young, said, the UK Youth Parliament supports votes at 16, as did the 2006 Power inquiry. As was said, we allow people at 16 to do other things that are consistent with being an adult such as consenting to medical treatment and entering work or a civil partnership—and indeed, joining the Army and paying taxes, so we do have taxation without representation. Perhaps more importantly, these people cannot vote for the Government that decides which wars to fight. More than 4,500 16 and 17 year-olds were serving in the Armed Forces in April 2007. Of the first 100 soldiers killed in Iraq, six were too young to vote. Do we not owe to their memory the right to vote at 16?
Historically, it always takes time to understand that younger people are more capable of doing things than we thought. In 1918 we gave women the vote—but only from the age of 30. It took until 1969 to bring that figure down to the current age of 18. Even in the 1960s when we discussed the issue, two-thirds of people thought that the voting age should be 21 and not 18. Exactly the same arguments were used in 1968 against lowering the age from 21. Today, of course, the reduction to 18 is completely accepted—but that was 40 years ago.
The Power inquiry received evidence that 16 to 18 year-olds—and, perhaps more interestingly, their teachers—were in favour of the change to 16. Those aged between 16 and 24 are increasingly political. In 2011, 63% had some interest in politics. That figure was up from 56% in 2002. It may be low, but the trend is in the right direction. Only 12% said that they had no interest. Therefore, while I absolutely agree with the noble Lord, Lord Norton, that this is not a way to promote political engagement, that is not the reason for it. The reason is a democratic one. People of 16 have this right. If we are not careful, politics will lag behind other areas. The Companies Act 2006 allowed 16 year-olds to become company directors, often with bigger decisions to make than voting. Anyone can join the Labour Party at 16 and vote for our leader.
Turning to the Government, I congratulate the Liberal Democrats on having this proposal in their manifesto. When we discussed my amendment to the Parliamentary Voting System and Constituencies Bill that would have allowed 16 year-olds to vote on AV, the noble Lord, Lord McNally, said only that the Bill was not the right place to do it; now we have the right place.
For the senior partners in the coalition, unfortunately Chloe Smith in the other place said that there had to be compelling evidence before any amendment to the electoral franchise would be made. I do not know whether she wants demonstrations in the street or, as we near the centenary in June of Emily Davison’s death, some act of martyrdom. The Government have to give a better reason for saying no than simply that there is no evidence in favour of it. I hope that we will hear from the Minister a more reasoned argument than the one given by Ms Smith.
We have seen youth unemployment rise yet again—up by 11,000 in the most recent quarter. I am beginning to think that if young people had the vote, the Government would take the issue of youth unemployment much more seriously. Perhaps that is the best of all reasons for giving young people the vote.
Lord Wallace of Saltaire
My Lords, I thank the noble Lord, Lord Tyler, for bringing this debate to the Lords. He started his speech by referring to a debate in the Commons on 24 January, which I read with some interest, and I have to say that I found the most novel argument to be one that in a sense complements the argument just made by the noble Baroness, Lady Hayter, which is that of the increasing imbalance in the electorate between the over-65s and young people. That imbalance will grow, and all political parties know that we are pulled in the direction of those who vote and thus are pulled towards putting resources into the over-65s and not into young people. The argument was made in one of the Commons speeches that this might be one way of beginning to redress the balance and to encourage political parties and Governments to think more actively about the needs and interests of young people. It is an argument that I think we all need to take into account.
Let me stress that the Government have no plans to lower the voting age in this Parliament and that, as has already been mentioned, there is no consensus within the coalition Government. That in turn reflects the different views held across society at large and the divergent positions on this topic both within and across the various political parties. After all, we have discovered over the course of the past two and a half years just how difficult political and constitutional change is and how on any proposals for political and constitutional change there are always at least 15 different and contradictory arguments for why nothing should be done, while fewer arguments are made in support of the case for change. Nevertheless, we welcome the ongoing discussions and debate on this issue and we would encourage the noble Lord, Lord Tyler, and others to maintain their approach.
On the question of the age of majority, which was raised by a number of noble Lords, I simply repeat the comment made by the noble Lord, Lord Parekh, that there is no standard age of majority within the United Kingdom. The process of moving from childhood to majority takes place over several years, and the question of where that should be standardised would itself open up a very difficult process. However, the question of how to re-engage young people in our democracy, in citizenship and in local society is important and we all need to address it. When taking the Electoral Registration and Administration Bill through the House of Lords, I was struck by how severe a problem this is becoming. Younger people do not feel engaged in politics and they are not committed to political parties. In one way or another, we all have to address that problem. The noble Lord, Lord Adonis, said that providing the vote at the age of 16 is not the answer, but it may be one of the ways of contributing to an answer. It would certainly mean that schools and parties would pay much more attention to citizenship education, which is important, and we would have to think about how else we could hook young people into their local communities and into wider engagement as a whole.
We all recognise, as the noble Lord, Lord Norton, pointed out, that young people are already the least likely to vote. That is the problem, of course, and the question is how to tackle it. We know that a number of things have contributed to it: the increasing remoteness of national politics; the decline in local government and local politics; the decline in respect for our political institutions—above all for Westminster—and the decline of participation at all levels in intermediate bodies from churches and chapels to trade unions and social organisations. The question is: where do we go from here and how can we ensure that engagement in democracy at all levels from the local to the national does not continue to decline in the long term? We cannot let this question go.
Perhaps, as the noble Lord, Lord Wills, suggests, deliberative democracy on the Granada 500 model—I think that was what it was called—is something that we should be experimenting with again in terms of bridging the gap between the governors and the governed. However, I suspect that television companies would be less willing to invest in such activities today as they were 20 or 25 years ago, partly because they would be less convinced that it would command the sort of audience that those very interesting experiments did in the 1980s.
We have a real problem here; we do not yet have a consensus on how we should move forward, as the debate has again shown. The research that there has been in a number of different activities is itself inconclusive. The Government do not disagree with the conclusions of the youth commission report that the approach of using independent commissions to review this should not be used again in the near future. However, we all need to focus. All of us who are committed to democratic politics and want to see a high level of political engagement have a huge and rising problem. All the research that went into looking at the shift to individual electoral registration persuaded me that this is a large and secular issue to which we do not have much of an answer. In a week in which the combination of the Eastleigh by-election and the Leveson report has encouraged the press to throw almost everything it has got at politicians of one sort or another—and people cheerfully say, “Well, don’t worry, they will move on to another set next week”—we recognise how deep a problem of democratic disillusionment and disengagement we have.
Lord Tyler
I am very grateful to my noble friend the Minister for giving way. Since we have a few minutes in hand, will he specifically address the fact that both the Electoral Commission and the Youth Citizenship Commission have said that there is a real gap in the research in this area, which has been reflected throughout your Lordships’ discussion this afternoon? Will the Government at least give an undertaking today that they will look again at that lacuna, which has been so clearly identified, and invite the Electoral Commission to look specifically at this again?
Lord Wallace of Saltaire
I hesitate to make a commitment as broad as that, but I will certainly feed it back and we will look at the question of whether there is a substantial lacuna. One of the issues that we all face here is that we know what the situation is now, and we know that the evidence of demand from young people for votes at 16 is weak. The question that I take particularly from the speech of the noble Lord, Lord Adonis, is whether we are happy about that, and whether we ought to be getting out there to persuade young people that they should be interested in having the vote and they should want to be re-engaged in politics. That is a much larger set of issues.
The previous Government, to their great credit, did their best to get at the question of citizenship. A number of distinguished political scientists contributed to that with modest success. We all recognise that schools have all sorts of other priorities, and that PSHE has not been one of the grandest or most glorious aspects of the secondary curriculum. There is a large issue out there, and we need much more public debate on it. This is part of a much larger issue about popular disillusionment with democratic politics as such, which has to concern us all. None of us would wish to suggest that lowering the voting age would begin to solve that; it would be only a small part of a strategy which I suggest all of us interested in democratic politics, from whichever point of view, should recognise is a shared problem to which we all need to find some shared answers.
Darfur, South Kordofan and Blue Nile
(11 years, 9 months ago)
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Baroness Cox
To ask Her Majesty’s Government what is their assessment of the current situation in Darfur, South Kordofan and Blue Nile.
Baroness Cox
My Lords, I am deeply grateful to all noble Lords contributing to this debate, on the 10th anniversary of the eruption of the Government of Sudan’s ruthless assaults on the people of Darfur, resulting in the indictment by the ICC of President al-Bashir and two of his colleagues. The 10 years of conflict have left at least 300,000 dead and 1.7 million are forced to live in camps for displaced people in Darfur, and over 250,000 in Chad.
There has been a recent resurgence of fighting in North Darfur, forcing tens of thousands more people to flee their homes. United States State Department spokeswoman Victoria Nuland claims that more people have been displaced in Darfur in the past month than in all of 2012, and the United States recently called on Sudan to halt aerial bombardment of Darfur and for UN sanctions experts to be allowed to carry out wider investigations in the country. I ask the Minister if the UK has made similar representations to the Government of Sudan.
Other noble Lords will speak more on Darfur. I will focus on comparable problems in southern Kordofan and Blue Nile, having recently visited both states, where I and my colleagues from HART witnessed President al-Bashir’s genocidal policies. I believe the word “genocidal” is justified.
There has been continuous fighting in Blue Nile state since 1 September 2011. Ground offensives between the Sudan Armed Forces, SAF, and the Sudan People’s Liberation Army-North, SPLM-N, continue with relentless aerial bombardment of civilians by SAF with Antonovs, MIGs, and helicopter gunships, which have destroyed towns and villages, targeting civilians. We visited Yabus, where the market had been burnt to cinders by incendiary bombs. As a local person said:
“I was in the market when we heard the Antonov above, which began dropping bombs directly on the market. Forty-seven people died, mostly women and children. Twenty-seven were wounded”.
Many are unable to live in their villages because of constant bombardment. They are hiding in the forests and on banks of rivers. They cannot grow crops or reap harvests and are suffering from lack of food and shelter.
In one village we visited, 450 people had already died of starvation. We had been able to send in food aid which had reached survivors who had fled from the village, terrorised by aerial bombardment, shortly before we arrived. We heard their voices and found them hiding in the bush, with some of their children injured by bombs. They were poignantly grateful for the aid we had provided as they could stay in Blue Nile and not have to join the thousands already forced by lack of food to flee into South Sudan. This encounter also demonstrates successful delivery of “indirect aid” to Blue Nile.
I therefore again ask the Minister if Her Majesty’s Government will consider the provision of life-saving food and medical aid to civilians trying to survive in their own lands, who prefer to risk death from aerial bombardment rather than retreat across the border as refugees? Eighty thousand have already fled to Jamam camp, 60,000 to Doro, and approximately 100 to 200 new refugees cross the border into South Sudan every day.
President al-Bashir’s racist motivation for his intended ethnic cleansing of Blue Nile was reflected in his notorious statement at Kirmuk when he said he did not want to see a black plastic sheet in Blue Nile state—that is, he did not want to see a single African person.
In southern Kordofan, fighting began between SAF and SPLM-N on 5 June 2011. There has been persistent aerial bombardment by the Government of Sudan’s Antonovs, jets and helicopter gunships, with over 1,000 bombs again directly targeting markets, schools and people tending their crops. We saw the Antonovs flying over and visited some of the thousands of people now hiding in caves, despite lethal snakes, without access to food, water or healthcare. We saw the girls’ high school in Kauda which received a direct hit, now standing empty, despite the desperate need for girls’ education.
We were told that 302mm Chinese rockets packed with ball bearings, with a 100 kilometre range, have been identified and used. They terrorise civilians—they cannot be heard approaching, so there is no time to take cover. Over 350,000 people have been displaced since June 2011. Approximately 60,000 have fled to the main refugee camp in Yida in South Sudan, and the number is growing rapidly.
The Government of Sudan have not yet permitted any humanitarian access to non-SAF controlled areas. It has been over a year since the tripartite—UN, African Union and League of Arab States—proposal to support negotiations over humanitarian access to conflict-affected areas. The SPLM-N agreed to the proposal on 18 February 2012, but Khartoum has not yet responded. Estimates suggest that between 60% and 70% of those displaced inside the Nuba Mountains have already run out of food, and malnutrition is widespread. Aid is urgently needed because access to affected areas will be virtually impossible during the rainy season, which will also bring many diseases.
Will Her Majesty’s Government support the recommendations in a letter, to be released tomorrow, signed by many UK and Australian parliamentarians and members of the US Congress, to highlight the 10th anniversary of the beginning of the conflict in Darfur, and linking the Darfur atrocities with those now being perpetrated in southern Kordofan and Blue Nile? The letter urges the UN Security Council to: demand an end to aerial bombardment and other attacks against civilians in Sudan; urgently address the humanitarian situation in southern Kordofan, Blue Nile and Darfur; ensure a comprehensive approach to ending Sudan’s conflicts, focusing on the long-standing need for peaceful and inclusive democratic transformation; and take a leadership role in ensuring that those responsible for grave violations of international human rights and humanitarian law are held accountable.
Will Her Majesty’s Government also support proposals that are endorsed by the peoples of Blue Nile and southern Kordofan for: an international independent committee of inquiry to be sent by the UN Security Council to investigate and report on human rights violations and abuses, and crimes against humanity, with a referral to the International Criminal Court if appropriate; targeted sanctions to prevent Khartoum from continuing to perpetrate violations of international humanitarian law with impunity, including denial of diplomatic status and visas for senior members of the NCP and freezing of financial assets held abroad; the international community to pressure Khartoum to allow urgent humanitarian assistance to all conflict-affected areas, monitored by international institutions and applied under recognised international humanitarian principles—deadlines for Khartoum’s agreement should be specified, with clear consequences if these are not met; and, in the absence of negotiated humanitarian access, the international community to explore all alternative options for delivery of assistance as a matter of urgency?
On a personal matter, I briefly mention reports issued by the Khartoum Government, and a letter to me from their ambassador, complaining about my visit to Sudan without official permission. A representative of a well respected organisation responded more aptly, perhaps, than I can:
“In the face of undeniable evidence of war crimes and crimes against humanity, the government of Sudan’s chief objection is not that civilians are being killed indiscriminately. Nor is the chief objection that the reports from the ground are not accurate, detailed, and credible. The chief objection is that witnesses such as yourself, Nick Kristof, John Prendergast, and George Clooney failed to obtain visas before documenting and raising the alarm on the mounting evidence of mass atrocities. As if those committing war crimes would welcome witnesses who filled out visa applications first. The act of turning a blind eye to Sudan’s blood-soaked fields to focus instead on missing paperwork, as if that were the real moral outrage, is a demonstration of the banality of evil”.
Finally, I record some testimonies from local people, as their voices need to be heard and they speak more eloquently than I can ever do. They say:
“I am from the Deloka tribe in the Nuba Mountains, near to Kadugli. I have seen SAF capture and beat women and adults. There were daily attacks on my village by Antonovs, bombing people at the waterhole whenever they saw them. I witnessed a child bombed so that only his leg was left. When our village was burnt to the ground by the SAF we decided to come to Yida”.
“I am from Umm Dorain County, about 35km east of Kadugli. War reached our village in July, and until September we were bombed by Antonovs. In July, SAF came to our village and destroyed everything. They started shooting and everyone ran. I witnessed my uncle and another man being slaughtered with a knife. My younger brother was also killed. We returned to our village the next day to bury them”.
“We walked to Yida with 6 families, everyone travelling together. On the first day Antonov bombardment killed an entire family except for one child. On the next day an Antonov bomb killed the mother and father of another family. One daughter is injured and is in Yida, another girl had to have her leg amputated and later died”.
“I have come here with my children. I had to leave my Mother behind and she has been shot by SAF. The SAF ask the villagers, ‘Where are your leaders and where are the guns stored?’. If you cannot answer, they will shoot you. Our village has now been burnt down”.
“There is no one left in our village and no one can reach the bore hole. Some people have been to the village bore hole recently, but they were shot by SAF. My stepbrother had been hiding in the mountain caves with his mother. A bomb was dropped on her by an Antonov and she lost her arm. Then my stepbrother went to the bore hole at night to get water. SAF went and killed him. We are having the funeral in the camp this afternoon”.
As I finish, I must sadly emphasise the dismay expressed by the people of the Nuba Mountains and Blue Nile over what they see as the ineffectiveness of the response of the international community, particularly the United Kingdom, to the genocidal policies of the Khartoum Government. As we commemorate the 10th anniversary of the beginning of the conflict in Darfur, let us remember that after the genocide in Rwanda it was famously stated, “Never again”—but “again” is happening now in Sudan. Until Her Majesty’s Government take effective action, they will be seen as condoning another genocide. I hope the Minister will reassure us that this will not be the case, and in so doing, bring much needed hope to the people now suffering so desperately in Darfur, South Kordofan and Blue Nile.
The Deputy Chairman of Committees (Lord Colwyn)
My Lords, before the noble Lord, Lord Avebury, starts his speech, because of the scratched speaker we can be generous and allow an extra minute.
Lord Avebury
My Lords, I warmly congratulate my friend, the noble Baroness, Lady Cox, on once again articulating the gross violations of human rights that are taking place in Sudan, and on the intrepid way in which she brings us first-hand accounts of the suffering of the people in these regions. It really is beyond the call of duty and she does a great service to this House—
The Deputy Chairman of Committees
My Lords, I am sorry to interrupt again but there is a Division in the Chamber so we shall adjourn for 10 minutes. Perhaps the noble Lord, Lord Avebury, will start again.
Lord Avebury
My Lords, I was in the middle of saying how wonderful the noble Baroness, Lady Cox, is. I do not want to repeat everything I have said, but would add that I particularly admire the way in which she defies nasty regimes like that of al-Bashir and ignores the warnings that she must fill in paperwork before she visits the horror-stricken areas of South Kordofan, Blue Nile and Darfur. We are indebted to her for bringing her first-hand accounts to your Lordships’ debates. I am also grateful to her for being a co-signatory of the letter she has mentioned—I am also a signatory—addressed to our own Secretary of State and the US Secretary of State. It is signed by Members of this Parliament and Members of the US Congress and calls on them both to move the UN Security Council to take robust action in order to halt these genocidal conflicts.
I will concentrate specifically on the aerial attacks which figure in that letter and which have so far not been dealt with satisfactorily by the UN Security Council. The Security Council last passed a resolution on Sudan a couple of weeks ago. It commended the efforts of UNAMID, the joint AU/UN mediation, the African Union high-level implementation panel and leaders in the region, and it reiterated its full support for all those authorities. But why is the panel of experts, which is mentioned in 13 out of the 18 operative paragraphs of the resolution, omitted from that list? Why has its report, which is crucial to any understanding of the reasons these conflicts are continuing indefinitely, not been published? Perhaps my noble friend can throw some light on that when she replies. Surely the world is entitled to know which members of the Security Council are objecting to publication, what in the panel’s report they do not like, and their reasons for the objections. The Security Council says that it will further study the panel’s recommendations and consider appropriate next steps, but that process will also presumably be shrouded in secrecy.
Under paragraph 6 of Security Council Resolution 1591 of March 2005, which was reaffirmed in the latest resolution, the council demanded an immediate cessation of offensive military flights over the Darfur region and asked the AU ceasefire commission to share information on this matter with the panel of experts. However, the panel was not charged with investigating the aerial attacks in Darfur, nor has it specifically been asked now to report on the bombing of South Kordofan and Blue Nile. The current resolution demands in the preamble, but not in the operative paragraphs that are governed by chapter 7, that aerial bombardments should cease. Will my noble friend explain whether this means that there is no binding force on the Government of Sudan? What other explanation is there for that separation from the chapter 7 provisions?
According to Radio Dabanga on 6 February, bombing by the Sudanese Air Force Antonovs has recently intensified, destroying the villages of Kiro and Sharafa, and killing civilians in the Dalma area. Al Arabiya News reported that four civilians were killed and 37 wounded when the air force attacked Derib al Reih village in South Darfur last Thursday. The Antonovs are also busy in Blue Nile. Already, more than 200,000 refugees have fled to South Sudan, and the people who remain are demoralised into inactivity, leading to food shortage and malnutrition. The Nuba Reports website said that in South Kordofan an Antonov bombed Ngortang village on February 17, killing five civilians.
These attacks and many others are designed to spread terror and force black Africans across the frontier to join the hundreds of thousands of refugees who are destitute in the northern states of South Sudan. This is a crime against humanity that deserves a proportionate response to replace the ineffectual and repetitive expressions of concern by the UN Secretary-General, the AU and others. The expert panel’s mandate should be extended to require its report to the Security Council every 90 days to include details of every attack by the Sudanese Air Force or ground forces on civilians in Darfur, South Kordofan and Blue Nile. If the Security Council does not agree to that proposal, as seems only too probable, a coalition of the willing should provide the funding to a suitable NGO to research and publish such a report.
Again, assuming that the Security Council is unwilling to act, this coalition of the willing should seek to dissuade Ukraine from selling or leasing ostensibly civilian Antonovs to Sudan, thereby escaping the military embargo, but which are likely to be converted for military use. This same coalition might commission the NGO to carry out a survey of the origins of spares for the Antonovs and their engines. Will my noble friend confirm that those suppliers would be violating the embargo?
One suggestion made by Dr Eric Reeves of Smith College in Massachusetts is that Khartoum should be warned that every time the bombers kill civilians a drone will be sent to destroy one of the aircraft at El Obeid airbase. There is an emerging international norm of responsibility to protect, which states that when a state fails to protect its citizens from mass atrocities and, even more so, when the state is committing crimes against humanity against its own citizens, the international community should intervene with force after peaceful measures, including sanctions, have been tried and failed. That norm assumes that the Security Council would invoke the R2P under chapter 7, as in the case of Libya.
However, the use of drones across international frontiers, without the sanction of the Security Council, is already practised against terrorist targets. The Antonovs are being used to commit acts of terrorism against civilians, and taking them out, one by one, in response would be a counterterrorist activity. Will my noble friend consider that suggestion and will the Government in any case explain how otherwise, in the absence of any significant changes either in the panel of experts’ mandate or the sanctions regime, the Government expect any let-up in the suffering of millions of people in Darfur, Blue Nile and South Kordofan over the coming year?
The Earl of Sandwich
My Lords, I express my thanks again to my noble friend Lady Cox. She is a tireless campaigner on this issue and a voice for the voiceless. I fully support what the noble Lord, Lord Avebury, said earlier.
It is always difficult in these short debates to know whether to signal impatience with official delay or to express some hope of change to come. There have been so many cliff-hangers in Sudan, when agreement seems just around the corner and then drifts away from sight. Once again, here we are waiting for a final agreement on oil, Abyei, the borders and humanitarian access, most of which were foreseen in the comprehensive peace agreement. Meanwhile, as we have heard, the bombs continue to fall and people in Darfur, Kordofan and elsewhere continue to flee or to live in a state of near desperation that is difficult to convey in our environment.
I have hopes for the New Dawn Charter group which signed a document in Kampala on 5 January. It need not cause President al-Bashir any alarm. It should be seen as a positive move. It is not revolutionary and it would bring a little more sense into Sudan’s chaotic political chessboard. Al-Bashir has to see that the majority of Sudanese would prefer a new way forward that would provide a degree of stability to the economy, even if it does not satisfy the basic human rights that Tunisia and Egypt have identified, if not implemented.
Our Government, having rightly denounced the recent clampdown on civil society in Sudan, will surely encourage this process diplomatically and rigorously if there is to be any sign of a Sudanese spring. But if students, teachers, journalists and members of NGOs are going to be oppressed indefinitely, and limited press freedom further curtailed, something must snap. That may be inside the ruling junta. We have to take into account that the Sudanese temperament may not be suited to any version of the Arab spring. In my experience, the Sudanese are not like north Africans. They are an exceptionally tolerant people who have accepted a low level of freedom and have put up with an unnecessarily autocratic, bullying and often incompetent regime. It is a vast country run by about five people.
It is hardly possible to conceive of a unified state in Sudan. Instead of devolution there has been continuous warring between Khartoum and the regions. The centre’s authority depends entirely on intermittent military aggression. As we have heard, South Kordofan in particular has been the victim of constant aerial bombardment, with the Nuba people suffering untold human rights abuse and near starvation away from the eyes of the world.
In Darfur, the Government have carried on with the bombing of villages and Khartoum has made it a virtual no-go area for NGOs and humanitarian agencies. Another ceasefire was signed in Doha between the Government of Sudan and the JEM on February l0, and Qatar has announced a donors’ conference in April. But, as always, such deals are as elusive as the various parties to them and no one believes that peace is around the corner. The 10-year anniversary, though, must provide a new impetus to the long-standing campaign to persuade the Sudan Government to co-operate with repeated UN and AU resolutions, as we have heard from the noble Lord, Lord Avebury.
An urgent priority must be the border settlement, with Abyei still a flashpoint while its boundaries remain uncertain. Concordis International has been doing valuable preparatory work, as some of us heard this week, alongside the AU High Level Implementation Panel and other interested parties. Importantly, this takes account of the regular seasonal migration across the borders. This work on the disputed sections is absolutely essential. Reuters has repeated reports from South Sudan of an incursion earlier this month into Upper Nile by unknown militia and a troop build-up, again, around the Heglig oil field close to Unity State, which recalls the brief SPLA occupation of the oil field last April, which brought the two countries to the brink of war. The implementation of the various elements of the CPA has been lamentably neglected, not just by north and south but by the international community, including ourselves. Seen from the West, Sudan has remained just below the horizon of the Arab spring. To make up for this deficit of awareness, there is no doubt in my mind that the UK must maintain and not downgrade its special relationship with both Sudan and South Sudan.
Several of us in the Sudan all-party group have been impressed by the quality of the FCO’s Sudan unit, which has taken the trouble to keep us informed. However, I have been concerned lately that there could be staff changes in the unit as a result of the recession and administrative savings. I hope that the noble Baroness can reassure us that no such cuts in the unit are forthcoming and that the FCO still gives the highest possible priority to this work. It is really important that simply because the CPA has been superseded, the UK, as a member of the troika backing up the CPA, does not lose its diplomat leadership.
Finally, may I ask the Minister, who I know has particular experience of and interest in Sudan, where Sudan is on the US Government’s world map—assuming they have moved on from the “axis of evil”—although we have not heard anything to the contrary. I notice that Sudan was left out of the Foreign Secretary’s recent RUSI speech on terrorism, which covered whole swathes of north Africa, including Mali. Perhaps she could reassure us that while we need to remain alert on this issue, close intelligence co-operation with an indicted Sudanese president is not a necessary prerequisite to security in the UK or the US.
The Lord Bishop of Exeter
My Lords, I, too am very grateful to the noble Baroness, Lady Cox, for once again bringing the circumstances of this deeply troubled region to our attention. Tragically, since our last debate on this subject in October, the humanitarian situation has continued to be a matter of grave concern. I am afraid that the political deliberations, which the UK Government properly continues to support, appear to be little more than a smokescreen, as the Sudanese Government clearly have absolutely no intention of providing humanitarian access to South Kordofan and Blue Nile states from the north.
In particular, it seems that the vote to create the new state of Southern Sudan has led the Government of Sudan to make southerners accept the consequences of their vote: “You wanted your own country, now go and live in it”. Southerners are being asked to go south. This is, in one sense, entirely understandable—if not entirely defensible—in terms of making people accept responsibility for the choices they have made. However, the human consequences are appalling. The overall drive seems to be to create a single country with a single culture and a single religion. This process is enhanced by the drive to have a single language, Arabic—hence the problem with the marginalization of the Nuba and the continuing attrition in the Nuba mountains.
We in the church continue to hear from aid agencies and our fellow bishops in both Sudanese states of continued bombing, targeting civilian homes, markets, schools, fields and so on. Those stranded, unable or unwilling to flee their homes to the safety of South Sudan, are left to forage for food and water under cover from the bombs. It really is a desperate situation and a tragedy that the international community still appears to be taking little heed of what is looking increasingly like genocide, or at the very least, yet another major ethnic cleansing working itself out. Thousands of people have fled and the humanitarian cost is being paid for by neighbouring states which are absorbing them.
Conditions in the refugee camps remain poor but stable. There are increasing reports of disease outbreaks, and overcrowding is becoming a greater issue in most locations. During the dry season, basic service provision of food, water and healthcare is present and available to the population, but education is lacking. UNHCR will not allow education facilities to be initiated by international NGOs in, for example, Yida for fear that it will encourage refugees to stay.
In our debate in October I raised the concern that, although DflD recognises the role of the church, it is highly unfortunate that UNHCR and other NGOs do not always adopt the same policy. The churches and other religious bodies have a key role to play in both delivery and mediation, but often the UNHCR treats them as special interest groups without a general humanitarian agenda. In the present context of Sudan, the churches are doing an heroic job with limited resources. The young and fast-growing Episcopal Church of Sudan is resilient, but it is suffering from the forced departure of southerners, many of whom have exercised key leadership and responsibility in and through the church and its aid programmes. It is further the case that foreigners with connections to the churches are being told to leave. Others are being visited by the security services and feel intimidated. Each of our dioceses in Sudan is facing the need both to care for displaced and often traumatised people at the same time as losing some of its leading people to the south.
I welcome the commitment of Her Majesty’s Government to addressing these concerns, and the priorities set by DfID for the coming year are to be applauded. However, I have four specific questions and it would be helpful if we could have some clear answers to them for the record. The first question is: what pressure are Her Majesty’s Government putting on the Government of Sudan to stop the bombing and the violence in the Nuba mountains? Secondly, what humanitarian provision are Her Majesty’s Government making for displaced people and refugees, especially in a context where southerners in Sudan are being pushed out to the south? Thirdly, although it is hard to work out the specific strategy or consistency in this, are the UK Government aware of and responding to the expulsion of expatriates from Sudan after interrogation and with no reasons being given? Finally, what support are the Government giving to those being victimised by the Sudanese Government, including those whose schools and institutions have been taken over and appropriated by the security services, thus helping to make an already bad situation even worse?
Lord Alton of Liverpool
My Lords, I join the right reverend Prelate the Bishop of Exeter and other noble Lords in paying tribute to my noble friend Lady Cox for her indomitable persistence and courage, and her determination to open the eyes of the world to things that we do not always want to see. I also join the noble Lord, Lord Avebury, in his remarks about the letter being sent to the United Nations Security Council to which I am also a signatory. I hope that when the noble Baroness, Lady Warsi, comes to reply, she will say what Her Majesty’s Government’s formal response will be to that important letter, which is being signed by representatives from jurisdictions all around the world.
I first visited South Sudan during the civil war. More than 2 million people died during that conflict. In areas like Torit which I visited, I saw at first hand the terrible carnage that was being inflicted as the result of Antonov bombers simply pounding away at communities day in and day out. As we have heard, it is now 10 years since the violence erupted in Darfur. Since my own visit to Darfur in 2004, and the report which I then published, If This Isn’t Genocide, What Is?, some 2 million people have been displaced. Between 200,000 and 300,000 people have been killed and 90% of the villages have been razed to the ground. Ten years later, the systematic genocidal campaign of ethnic cleansing is continuing; those responsible have not been brought to justice; and the violence for which they are responsible has become the order of the day in South Kordofan and Blue Nile. This represents an appalling repetition of history, making these regions dangerous and lawless places. The Khartoum regime must accept the lion’s share of the responsibility for unleashing a torrent of violence on its own people.
In 2013 alone, a further 100,000 Darfuris have been displaced. HIV is rampant, children are malnourished, and even at the height of the violence, when Darfur was in the headlines, aid did not reach two-thirds of the population. The international community claimed that its aid programme was a success because the aim was to help those people who had fled to the camps. But what of the families struggling to survive in the villages in rural areas? More than half the population of Darfur has no water source. Almost a quarter of the population, including children, walk more than six miles to reach water in winter. In the summer “hungry” months, many walk more than 20 miles. Walking for water continues to be dangerous, with frequent reports of attacks.
Perhaps the Minister will comment on the report in the Guardian on 21 February that the Independent Commission for Aid Impact, the aid watchdog, had criticised DfID for a water supply project that it said was poorly designed and brought limited benefit to the people whom it was supposed to help. The commission said:
“DfID needs to rethink its approach to engaging in chronic emergencies”.
It criticised it for,
“neglecting the political and institutional challenges involved in improving … water supply”.
It went on to say that DfID should work with partners with a proven track record rather than use interventions that risked,
“diminishing returns and aid dependence”.
I wonder what lessons have been learnt from that experience.
Meanwhile, the killing continues unabated. At the weekend, Reuters reported that recent fighting had caused the deaths of 51 people and wounded 62 more. Simultaneously, it reported that the Sudanese Government had put out a statement claiming that their forces had killed scores of insurgents in the border areas of Kordofan and Blue Nile. Aerial bombardment there was sustained and unremitting, with up to 60 bombs a day—and 400 bombs in Blue Nile in a month.
In Kordofan and Blue Nile, it is once again civilians—mainly women and children—who are caught in the crossfire of the violence. Some have been attacked from the air and the ground and have been denied access to humanitarian assistance for more than 20 months. I raised these crimes against humanity in your Lordships’ House in June and July 2011. The then Minister told me that the Government were “very concerned” about the 11,000 internally displaced people at the time. I drew attention to UN Security Council Resolution 1590, which required,
“protection of vulnerable groups including internally displaced persons”,
and,
“necessary action to protect civilians under imminent threat of physical violence”.
I asked if the resolution had been put into effect in South Kordofan. It was not worth the paper it was written on.
Through the remainder of 2011 and again in the first months of 2012, as thousands more people were displaced, I questioned Ministers about the failure of the international community and about what Dr Mukesh Kapila said about the second genocide of the 21st century unfolding—Darfur was the first. Dr Kapila is a former British and United Nations official who presumably knew what he was talking about when he said that more than 1 million people were now affected. Given that the ICC has indicted the head of state in Sudan, Omar al-Bashir, and the governor of South Kordofan, Ahmed Mohammed Haroun, for war crimes and crimes against humanity, how can we justify full diplomatic relations with mass murderers and fugitives from justice? Have we not considered at least downgrading those relationships? What is being done to help the ICC enforce arrest warrants in those cases? I ask those questions again.
In 2012 I criticised the paralysis of the international community. Two years ago, Ministers stated:
“Reports of such atrocities will … be investigated and, if they prove to be true, those responsible will need to be brought to account”.—[Official Report, 21/6/11; col. WA 294.]
Nine months later, they stated:
“We continue … to seek urgent access to those most affected by the conflict”.—[Official Report, 9/11/11; col. WA 66.]
On 17 May 2012, I asked again how it was that the second genocide of the 21st century was unfolding in South Kordofan. I asked how the Government could continue to do business as usual with a regime that was led by someone who has been indicted for war crimes. I might add, how can Germany—an ally of ours in the European Union—justify recently holding a business conference encouraging people to invest money in Sudan?
The United Nations now estimates that close to 1 million people have been displaced or severely affected by violence in South Kordofan and Blue Nile. How many more have to be displaced? Independent experts now warn that parts of South Kordofan and Blue Nile face the very real prospect of a man-made famine by April 2013. How many more people have to be malnourished or starve to death? On 25 January the African Union demanded an end to hostilities, the granting of humanitarian access and a commitment to adhere to a clear timeline for direct political talks. Now is not the time for combat or war weariness.
The Deputy Chairman of Committees (Baroness Fookes)
My Lords, as all noble Lords are present, we may resume.
Lord Alton of Liverpool
My Lords, before the Division, I was about to end. I would like to complete my remarks by simply referring to a note I received recently from the courageous bishop of El Obeid, Bishop Macram Gassis. He wrote:
“The suffering of my flock torments me. The aerial bombardment is incessant. … I plead with the international community to save the Nuba people from extermination”.
He concluded:
“The barrel of the gun will never bring peace; on the contrary it will simply create more hatred and violence”.
Surely those are sentiments with which we can all agree.
Lord Triesman
My Lords, I, too, pay tribute to the noble Baroness, Lady Cox, for her unswerving determination, and to other speakers, including the right reverend Prelate the Bishop of Exeter and the noble Lord, Lord Alton. Indeed, pretty much everybody has once again gone through the events of the past 10 years: the mass murders; the ethnic cleansing of black Africans and the attacks on their culture and language, which is a distinctive part of ethnic cleansing; the direct attacks, including aerial attacks, on civilians; the use of Chinese and Iranian munitions; and the displacements of very large numbers of people. The noble Lords, Lord Alton and Lord Avebury, the noble Baroness, Lady Cox, the right reverend Prelate the Bishop of Exeter, the noble Earl, Lord Sandwich, and, indeed, all of us may feel—I do not mean this in any frivolous sense—a certain “Groundhog Day” sensation about parts of this debate as we have been going round these issues for a long time.
I sifted out what I thought were the important notes made on visits to Khartoum, Darfur and Juba. The notes related to the first visits that I made in November 2005 and to Juba again later that month. With the exception of one leader of South Sudan, I do not think that I ever saw the same people twice. The turnover, and hence the difficulty in dealing with anybody, was absolutely monumental.
If I may say so, the issue is not just about Sudan: it is not that limited geographically. President Bashir’s impact endangers the entire region’s security right across a swathe of Africa. John Garang tried to stabilise the south and his death was a tragedy. The referendum seemed like a valid mechanism, but we all know that the outcome was always likely to lead to a further breakdown, whatever our aspirations for it, because of the contested oil rights and oil wealth in that area.
One edge of South Darfur was always impacted, in my experience. Blue Nile was always a problem. The Ugandans had never managed to successfully deal with their northern border. The Lord’s Resistance Army and Kony, its leader, routinely went into South Sudan and many other places. I always believed that President Museveni, for all the talk about what he would do, made no real attempt to make sure that security was there either. The people of north Uganda were driven from the land, frequently by people who were moving backwards and forwards out of South Sudan. The issues spread into the west of the Democratic Republic of the Congo, and into the Central African Republic; it spreads across borders in as much as there are borders.
Darfur, as we have heard today, is experiencing the 10th anniversary of an appalling war, which spreads across the borders, fairly routinely, into Chad. There, the Janjaweed gangs have been assisted by the Khartoum regime and have then gone on to wreak even greater havoc. The aerial terror that the noble Earl, Lord Sandwich, illustrated so clearly is extremely important. I recall the offer made by Colonel Gaddafi, who said that he could understand the peoples of that region in a way in which he did not expect us to, and was perfectly prepared to intervene. I said that I thought it sounded like an offer to interfere and make things worse. Of course, there was always the prospect of things spreading across the Maghreb, through the northern borders.
The issues are in some cases realistic and need proper attention. It is not always about issues of wickedness, although goodness knows there is enough of that. However, the contestation between agriculturalists and herders for areas that are in any sense arable, as desertification becomes a problem of real economic consequence, is very important. There are many more issues in Darfur: voting rights, security, food and water have all been mentioned today.
I recall a couple of attempts by the African Union force to secure a degree of peace which were fundamentally undermined by President al-Bashir. The Canadians had provided armoured vehicles to protect the Nigerian peace force, who were in soft-sided vehicles. While I was there, six Nigerian soldiers were killed through soft-sided vehicles that were fired upon. Those armoured vehicles took ages to get into Darfur because they were in Dakkar and nobody would let them move forward. It took a special meeting in which Javier Solana, then the High Representative of the EU, took part to get them in. We got more or less no help from Russia, and occasionally just a little hint that there might be a more sympathetic response from some of the Chinese leadership.
These factors are all important, and are a very diverse set of factors to introduce at this stage of your Lordships’ debate. However, there is one constant among all of them: President al-Bashir. The issues for which he must stand trial, and for which there should be no impunity, link all the things that pretty much every noble Lord said in this evening’s debate.
I join others in asking essentially the same questions of the Minister tonight. The critical things are what we can do in these unpromising circumstances; whether it is possible to get the United Nations, through the operation of its committee of inquiry, or the Security Council to do what needs to be done—the letter should be an important stimulus to the Security Council in setting those things out; and whether we believe that we can have a greater impact in those areas.
Briefly, the role of the United Kingdom has sometimes been a little confusing. I do not know whether I should make an apology for it, but it certainly was between the FCO and DfID over a period of time. I found, quite often, that because DfID was in control of so much more of the money than the FCO ever was that DfID officials were the only people to whom anybody wanted to talk. It often meant that more standard forms of diplomatic and state intervention became more difficult. It may be that we need to rethink those things. I do not say this in a way that is at all aggressive. I just think that when we have identified things that really have not worked, it falls to us to think—as the noble Lord, Lord Avebury, did when he made some other important suggestions—about how we might improve.
I conclude by saying that it seems absolutely clear that we have failed the people of this war-torn region. The noble Earl, Lord Sandwich, made this point very eloquently as well. What we have to do is identify how we can help generate the conditions in which there is a Sudan that is peaceful, democratic and prosperous, which respects human rights and the rule of law, and whose people share equally in the nation’s wealth and development, with all Sudanese people being treated equally, regardless of their race or religion, and in which Sudan is an active and benign member of the international community. The regional security issues are far too severe for us to do anything else.
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi)
My Lords, I am grateful to the noble Baroness, Lady Cox, for tabling today’s timely debate, and I thank all noble Lords for their informed contributions. I also commend the continued work of the Associate Parliamentary Group for the Republic of Sudan and South Sudan, of which the noble Baroness is a member, as are other noble Lords who are here today.
I particularly thank the noble Lord, Lord Triesman, for bringing his experience of the region to this debate and the tone with which he dealt with the debate. Of course, this is the second time I have had the opportunity to participate in a debate on Sudan and South Sudan, both of which remain high foreign policy priorities for this Government, but other Ministers before me have debated this topic on numerous occasions, in lengthier debates and in Oral Questions.
Our focus this evening has been on the internal conflicts within Sudan but I will also take the opportunity to update noble Lords on the broader context of the relations between the two countries. When I spoke about this subject in October last year, there was reason for cautious optimism about relations between Sudan and South Sudan. We and our international partners welcomed the signing of nine agreements on 27 September, and we made clear that we expected to see their full implementation, as well as resolution of the remaining disputes between the two countries. As the noble Earl, Lord Sandwich, has said, there have been many cliff-hangers on this journey, and this appears to be another one. It is deeply frustrating that since the signing of those agreements we have seen a lack of progress in their implementation, despite further negotiations occurring on a number of occasions thereafter.
At the start of the year hopes were raised again that we might see progress when the Presidents of Sudan and South Sudan met on 5 January and were able to recommit to making rapid progress on implementation. However, by the time the Presidents met again at the African Union summit later that month, it appeared that the good faith that had previously been shown had now gone, leaving no obvious way forward beyond the vague promise of further discussions. Like other noble Lords, I find that deeply frustrating and disappointing.
It is now crucial for both countries to take concrete and substantial steps forward on implementation of those agreements, particularly on security arrangements, demilitarisation of the border zones and allowing the export of oil. The UK Government will continue to give their full support to the African Union high-level implementation panel as it seeks to find a lasting solution to these issues.
As the noble Baroness, Lady Cox, said, our concern about relations between Sudan and South Sudan should not lead us to overlook the serious conflict going on within Sudan’s borders. Ten years after the outbreak of significant violence, we remain deeply concerned by the continuing conflict in Darfur and the resulting humanitarian situation. More than 300,000 people have died as a result of the conflict in the past decade and approximately 2 million have been displaced, the majority of whom are still reliant on humanitarian aid.
Recent clashes in the gold-mining area in North Darfur highlight that the nature of the conflict may have changed but its effects remain as concerning as ever. Since the start of this year, more than 100 villages have been destroyed and 100,000 people displaced. That is already half the total number of people displaced in 2012. We hope to use this anniversary period in the run-up to the donor conference to make progress on the ground and ensure that Darfur remains on the international agenda, including in the UN Security Council. The UK remains committed to seeing the causes of the conflict addressed. We will continue to support Darfur by responding to humanitarian needs, fostering development opportunities and promoting a peaceful political solution.
We support the Doha document for peace in Darfur, which contains welcome provisions to address the needs of ordinary Darfuris and bring justice for the crimes committed. However, implementation of the Doha document has been disappointingly slow and has not focused sufficiently on areas that will make the most difference to the security and basic needs of communities. We are pressing the Government of Sudan to honour their commitments under the agreement, encouraging rebel groups to end their violence and obstruction of the peace process, and also working closely with Qatar, which continues to take an international lead on this issue.
We are deeply concerned by the continuing conflict in South Kordofan and Blue Nile and the impact that it is having on the communities in those areas. Some of the consequences of the conflict have been graphically described this evening. The refusal to allow independent humanitarian access to civilians in all of these areas, particularly the rebel-held areas, is of deep concern. The UN Office for the Co-ordination of Humanitarian Affairs has told the Security Council that it believes that more than 1 million people have been displaced or severely affected by the conflict. We are working to ensure that the issue remains at the top of the international agenda, in particular within the African Union and the UN Security Council. The situation deserves the full and credible independent investigation that the Foreign Secretary called for at the start of the conflict, and for those responsible for abuses or international crimes to be held to account. This remains our position.
It is crucial that the Government of Sudan and the Sudan People’s Liberation Movement-North comply with obligations to ensure humanitarian access and agree a full cessation of hostilities. The African Union has invited the parties to direct talks on 5 March. We are encouraging both sides to attend and to engage in serious talks without preconditions, focusing first on achieving a cessation of hostilities and full humanitarian access. Until that time, the UK teams in Juba and Khartoum will continue to work closely with the Office for the Co-ordination of Humanitarian Affairs, other donors and NGOs to ensure that assistance reaches all those in need who are accessible, and that we are ready to move rapidly to respond to a broader opening up of access.
I will respond to the specific issues that were raised. The noble Baroness, Lady Cox, asked about the provision of life-saving food and medical aid to civilians in South Kordofan and Blue Nile. All donors share the view that negotiated access from within Sudan is the best way of providing humanitarian assistance. Donors co-ordinate closely, and many of them are looking carefully at all options for getting aid to those in need. We currently judge that the risks of cross-border assistance mean that the UK should not pursue this approach at this stage.
The noble Baroness also asked what representations the UK had made on halting aerial bombardments in Darfur. The recent Panel of Experts report highlighted the Government of Sudan’s use of military aircraft in violation of UN Security Council Resolution 1591. We condemn such actions and most recently expressed our concerns through the UN Security Council discussion adopting Resolution 2091, which extended the panel’s mandate for a further year.
My noble friend Lord Avebury asked why the Panel of Experts report had not been published. I am pleased to inform him that a decision has been taken to publish the latest report on Darfur from the Panel of Experts. It has not yet appeared on the United Nations website, but my officials will pass on a copy to the noble Lord as soon as it becomes available. He also raised the question of whether the Government should consider the use of drones against Sudanese aircraft in Darfur. We argue consistently for the strict enforcement of UN sanctions in Darfur. It has not been possible to agree measures to toughen the sanctions regime in the United Nations Security Council, and any actions that we take must be consistent with existing UN Security Council resolutions.
The noble Earl, Lord Sandwich, asked for reassurance that FCO resources for Sudan would not be reduced. I can assure him that Sudan remains a high priority for the FCO. There are many competing priorities, including in Africa, but no decision has been taken to reduce FCO resources devoted to Sudan and South Sudan. The opening of an embassy in Juba has meant an increase in overall staff resources over the past two years.
The noble Lord, Lord Alton, raised the question of the views of the Independent Commission for Aid Impact and its criticism of the project in Darfur. We believe that this report is outdated. The UK has already transformed our humanitarian response in Sudan to help address the root causes of conflict rather than simply relying on emergency aid. It is disappointing not to see this reflected in the ICAI’s report. Our new programme will help the poorest people become better able to cope with the impact of conflict or man-made disasters, such as being able to access local markets and regular food supplies.
The noble Lord also asked about the potential denial of diplomatic status for senior members of the NCP. As we have set out before, at this stage the UK will maintain a diplomatic relationship with Sudan. We use our diplomatic relations with Sudan to press for the Government to resolve conflicts, address humanitarian and development needs and end human rights abuses. Having a senior ambassador in Khartoum ensures that we have influence and access to the right levels of government, as well as to a full range of political opposition and civil society groups. It is not ideal, but we feel that downgrading our relations would reduce our ability to achieve our objectives—indeed, any objectives—in Sudan.
The right reverend Prelate the Bishop of Exeter asked some quite specific questions: what support are we providing to those being victimised by the Government of Sudan? Our embassy in Sudan monitors the situation closely and makes regular representations to the Sudanese authorities. The specific question was raised about the humanitarian situation in South Sudan. Of course we remain extremely concerned about the refugee situation in both Unity and Upper Nile states caused by the influx of almost 180,000 refugees from South Kordofan and Blue Nile, as well as the wider humanitarian situation in South Sudan. My honourable friend Lynne Featherstone saw the refugee conditions for herself when she visited the camp in October.
The noble Lord, Lord Alton, asked for a response to the letter to the UN Security Council; we look forward to receiving that letter and I can assure him that it will be considered seriously and responded to. I am acutely aware of the time. I think the right reverend Prelate the Bishop of Exeter asked about the expulsion of expatriates from Sudan. We are aware of a number of expatriates who have been expelled, in particular those with connections to religious organisations. We have raised these concerns with the Sudan ministry responsible for religious affairs and European Union colleagues are intending to make representations to the Minister of Justice.
In conclusion, we have come tantalisingly close to a settlement of the dispute on many occasions, but it will take a serious renewed effort in good faith from both countries to properly and peacefully settle their remaining differences. The international community will do what it can to bring the parties to the various internal conflicts into peace talks, and to address the humanitarian consequences, but Sudan will not be at peace until it addresses the inequalities and marginalisation that lie behind all of these conflicts.
The AU high-level implementation panel and other countries will have a vital role to play, and we should commend their efforts so far. For our part, we stand ready to add value to the process in whatever way we can, and to work closely with our international partners. It is a priority for us to ensure that agreements are finalised and implemented and for all conflicts to be resolved. We want to have a positive and constructive bilateral relationship with both Sudan and South Sudan through our bilateral aid programme in both countries, and we remain fully committed to delivering humanitarian aid and development projects. We will continue to provide assistance to respond to the humanitarian needs of conflict affected populations, to support security and access to justice, to build basic services and to encourage a more transparent and accountable government in Sudan and South Sudan.
House of Lords
(11 years, 9 months ago)
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Economy: Rating Agencies
(11 years, 9 months ago)
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Lord Barnett
To ask Her Majesty’s Government what is their assessment of the role of rating agencies and the impact of any downgrade of the United Kingdom’s rating.
The Commercial Secretary to the Treasury (Lord Deighton)
My Lords, last Friday Moody’s downgraded the UK rating to AA1, with a stable outlook. It says that the UK’s credit-worthiness remains extremely high but warns that it could downgrade the UK rating further in the event of,
“reduced political commitment to fiscal consolidation”.
The credit rating is one of the important benchmarks for any country but near-historic low gilt yields continue to reflect the credibility earned by the Government’s economic strategy.
Lord Barnett
I think I thank the Minister for that Answer. If it is all so good now, why did he covet the AAA rating so strongly? Is it not true that the United States had a downgrading, and that it was not a problem and interest rates remain low? Another risk is that the pound will drop further. If it does, there is a real risk to lenders, who could lose a lot of money as it is repaid in downgraded pounds. In those circumstances, would the Chancellor be minded to do anything at all?
Lord Deighton
I thank the noble Lord for those observations, which contain several of different questions. If you review Moody’s analysis of the UK economy you could not see a stronger recommendation of the Government’s policy of fiscal consolidation. I commend it to everybody as background to policy and why it is the appropriate one in these circumstances.
On the specific question about the impact of currency movements on the exposure of various lenders, my experience in those markets tells me that lenders manage their currency exposures very effectively and that the currency devaluation should not increase those particular exposures.
Lord Forsyth of Drumlean
Will my noble friend confirm that it is the same rating agencies that are apparently of such concern to the Opposition which told us that the junk collections of mortgages, which in part caused the financial crisis, were AAA-rated? Should we not look at what is happening in the real economy rather than at what rating agencies are saying about it? Is it not true that my right honourable friend the Chancellor of the Exchequer is presiding over a remarkable situation, given the shambles that he inherited from the previous Government?
Lord Deighton
As always, I thank my noble friend for his important observations. There are, again, several issues in there. First, he is absolutely right—Moody’s refers to this—that two things have caused this downgrade. The first is the sluggish growth of the global economy, which has slowed down the British economy; and the second is the very high levels of public and domestic debt, and the difficulty in driving those down.
On the second point, with respect to the credibility of the rating agencies, there are some very important issues surrounding that, particularly when one discusses complex securities such as the ones that we had in the mortgage-backed market. Frankly, with respect to the sovereign market, all the information used to determine credit assessments is perfectly visible to everyone, which is why the markets’ reaction to the downgrade on Friday was so measured.
Lord Peston
My Lords, bearing in mind that these agencies give the same grade to an enormous and widely different range of borrowers, leading economists pointed out a long time ago that they cannot be, and should not be, taken seriously. Also, is the Minister aware that all the best economic research shows that one major force exacerbating the economic troubles of the past few years has been the rating agencies? Would he remind the House who is supposed to be regulating these agencies and why they have not intervened? If they have not intervened, is it not about time that someone did something about them? These agencies are a real danger to the survival of the world economy, and I am amazed that the Chancellor himself takes them seriously.
Lord Deighton
The noble Lord makes some very important observations. First, as I am sure he knows, one of the rating agencies is being sued by the US Government, reflecting the very concerns that he brings out. With respect to relatively simple credit considerations, and in terms of the UK economy the information is all out there, the Chancellor’s economic policy and the performance of the UK economy is evaluated every second of every day by the financial markets. The verdict of those markets is reflected in our historically low gilt yields. This morning we were trading in the 10-year gilt below 2%, which is the most profound commentary on the success of the UK Government’s current economic policy.
Baroness Kramer
My Lords, the underlying issue is surely growth. Yesterday, Paul Tucker, deputy governor of the Bank of England, floated the idea of levying a penalty on banks that park their money at the central bank rather than putting it into the real economy. What comment does the Minister have to make on that strategy?
Lord Deighton
My noble friend raises the question of monetary policy. We have had a number of debates on creativity to restore a focus on growth and not purely on short-term inflation targeting. All these ideas are welcome and demonstrate the importance of generating growth. We should have the debate but be very focused on sticking to a monetary policy that understands the importance of the medium-term inflation target, while accepting a degree of flexibility around output.
Some specific measures that the Government have taken, such as FLS, were recommended in the Moody’s review as a very positive sign, so other ideas should certainly be debated and considered.
Lord Eatwell
My Lords, could the Minister tell the House whether it is better to borrow to fund the fiscal costs of negligible growth or to fund the expansion in investment and growth?
Lord Deighton
My Lords, I am not sure that I accept the specific question of my noble friend. It is better to have an entirely consistent strategy of fiscal consolidation to ensure that we regain our credibility in the financial markets so that we can continue to borrow at these historic low rates. If we have a choice between funding capital spend—let us call it that—and current spend, all other things being equal, I would choose capital spend. We saw that in the Autumn Statement, when the Government switched £5.5 billion, if my memory is correct, into financing capital spending because that yields better to improve the growth process. However, it all needs to be done in the context of balancing other important consumer and political objectives.
Dr David Livingstone
(11 years, 9 months ago)
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Lord Steel of Aikwood
To ask Her Majesty’s Government whether they propose to commemorate the 200th anniversary of the birth of Dr David Livingstone.
The Advocate-General for Scotland (Lord Wallace of Tankerness)
My Lords, Scotland Office Ministers and officials are working closely with the Foreign and Commonwealth Office, the Department for International Development and the David Livingstone 200 partnership to assist with a programme of celebrations to mark the 200th anniversary of Dr Livingstone’s birth. As part of the wider programme, the Scotland Office will host a commemorative reception at Dover House, which will follow on from a service that will be held in Westminster Abbey on 19 March, the actual 200th anniversary of Dr Livingstone’s birth.
Lord Steel of Aikwood
My Lords, I thank my noble friend most warmly for that Answer. Is he aware that, in view of David Livingstone’s reputation as a missionary, an explorer and, above all, a campaigner against the slave trade, commemorations will take place next month in Zambia, Tanzania and especially in Malawi? Will he tell the House whether there are any activities planned in Scotland itself, apart from the excellent news that the museum at Blantyre will be revamped by the National Trust?
Lord Wallace of Tankerness
My Lords, my noble friend is absolutely right to pay tribute to Dr Livingstone. It is significant that in the post-colonial age some of the place names associated with David Livingstone, such as Blantyre and the name Livingstone itself, have remained. That speaks volumes about the contribution that he made and the standing in which he is still held. For example, in Zambia there is a programme called Livingstone 2013, in which the British High Commission has been very actively involved. My noble friend also asks about Scotland. The National Museum of Scotland has a special commemorative exhibition, which has run since November until April this year. There will be events on the day. My right honourable friend the Secretary of State for International Development is planning a flagship event at Abercrombie House in East Kilbride, the offices of the Department for International Development, on 18 March and, very interestingly, a time capsule is proposed, linking children from Malawi and Scotland, which will be Skype-linked on 19 March.
Lord Morgan
My Lords, the Prime Minister has spoken about a shameful episode in our imperial past, the Amritsar massacre, and quite rightly so. Would it not be very valuable if the Prime Minister could speak, perhaps not only in Scotland, about a pacific, idealist, Christian visionary, like David Livingstone, who presents a very contrary view of our imperial past and perhaps shows how this country should behave towards colonised people but seldom manages to do so?
Lord Wallace of Tankerness
The noble Lord makes a very important point about the contribution that David Livingstone made. There will be commemorations, not least in the service at Westminster Abbey. I am not aware that the Prime Minister will attend, but certainly representatives of the United Kingdom Government and I think of the Scottish Government will attend and we have sought to invite high commissioners and ambassadors in London of countries with which David Livingstone was associated.
Lord Selkirk of Douglas
Will the Minister accept that the National Trust has done an extremely good job in conserving David Livingstone’s house in Blantyre, where he was brought up with his family in one room in extreme poverty? One of the moving aspects of his life was that, when he set off, he had only his medical equipment, his Bible and the clothes in which he stood up.
Lord Wallace of Tankerness
My Lords, I echo the remarks made by my noble friend Lord Selkirk, particularly in paying tribute to the National Trust for Scotland, which has been very much involved in the David Livingstone 200 partnership and has made an important contribution not only with regard to the house at Blantyre but also with regard to a number of the commemorative events in Scotland.
Lord McAvoy
My Lords, Dr David Livingstone was born in the town of Blantyre, which I had the honour and privilege to represent in the House of Commons. I join in the congratulations and thanks for all the celebrations planned. However, just a few years ago, the David Livingstone Centre in Blantyre, to which the noble Lord, Lord Steel, referred, was in danger of closing, and it was South Lanarkshire Council which took the lead by involving the National Trust and other agencies so that the centre is now thriving again. Will the Minister join me in recognising the role of South Lanarkshire Council in this, particularly that of the leader, Councillor Edward McAvoy?
Lord Wallace of Tankerness
My Lords, in this particular case, I believe that tributes to South Lanarkshire Council are deserved. I am aware that it took those steps. I think that I am right in saying that South Lanarkshire Council also plays an important role in the Scotland-Malawi Partnership. The University of Edinburgh calculated that up to £30 million in terms of expertise, time and money is contributed by those who are partners in the Scotland-Malawi Partnership.
Lord McConnell of Glenscorrodale
My Lords, is the Minister aware of the current membership of the Scotland-Malawi Partnership, which is more than 600 individuals and organisations, embodying the mutual respect that was so much embodied by Dr Livingstone back in the 19th century? Given Dr Livingstone’s campaign against the slave trade, will the Government take the opportunity this year to redouble their efforts internationally regarding the 2.5 million individuals around the world who are reckoned to be in slavery or prostitution as a result of people trafficking?
Lord Wallace of Tankerness
My Lords, I take the opportunity to note the contribution that the noble Lord, Lord McConnell, has made to the Scotland-Malawi Partnership. I know his personal commitment to this. I take and endorse his point that a proper tribute to Dr Livingstone’s campaigns against slavery would be for us to continue and indeed increase our efforts to tackle human trafficking. I attended a very useful meeting with a number of representatives in Scotland representing the UK Government on the day last year when we marked our commitment internationally to tackle human trafficking. That would be a worthy memorial to Dr Livingstone’s efforts.
Freedom of Information Act 2000
(11 years, 9 months ago)
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Lord Wills
To ask Her Majesty’s Government what plans they have to amend the Freedom of Information Act 2000.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, the Government intend to amend the Act to give the Information Commissioner more time to prosecute alleged offences under Section 77 of the Act and introduce a dedicated exemption for prepublication research. Other parts of our response to post-legislative scrutiny will be implemented through secondary legislation codes of practice and guidance.
Lord Wills
My Lords, I very much welcome what the Minister has just said about giving the Information Commissioner new powers but I hope he will recognise that suggestions have been made by other Ministers—not this Minister, whose commitment to freedom of information is exemplary—that they will tighten the Act. I hope this Minister will recognise that tightening the Act in the way that has been suggested will damage transparency. He will recall that the previous Government at one point proposed to increase fees for accessing freedom of information requests and then dropped the proposal when they realised the damage that that would do to transparency. Are the Government now downplaying that risk to transparency, and doing so at a time when the Francis report into Mid Staffordshire shows just how dangerous damaging transparency can be?
Lord McNally
My Lords, it is true that we are looking at other aspects of the post-legislative scrutiny through secondary legislation. However, I can assure the noble Lord that my commitment, and the Government’s commitment, to transparency and freedom of information, which I see as twin tracks of government policy, remains as steadfast as it has always been. Ideas and information about other aspects of the post-legislative scrutiny fully justified the exercise and I compliment my right honourable friend Sir Alan Beith and his committee for doing an excellent job. It has done much to embed freedom of information in our political culture.
Lord McNally
It is something that was considered by Sir Alan’s committee and recommended as a good idea. It has its attractions, but it also has its downsides. On balance, the Government decided to retain anonymity for freedom of information requests because they felt that not doing so would inhibit people coming forward with such requests.
Lord McNally
I hear what the House is saying. It was a very tight judgment and a lot of discussion went on in government about it. There certainly was not any sinister desire by the Government to protect information. It was more a decision resulting from a very tight discussion that the idea of anonymity for those making requests was still an important principle to preserve.
Lord Marks of Henley-on-Thames
My Lords, the Government have been successful in extending the Freedom of Information Act in line with the coalition agreement by adding to the bodies which are subject to the Act and by providing for electronic data sets to be made available. Can the Minister assure the House that there will be no reversal of this process, and in particular, that there will be no extension of the Government’s power of veto and no further fees, particularly for appeals to information tribunals?
Lord McNally
I do not think I can give an absolute assurance on that. We decided to retain the veto following discussions that had gone on since the start of the freedom of information debate about whether, at the very heart of government, a safe space was needed for genuine discussions. At the moment, I am having discussions with colleagues about these ideas and principles and in due course I will inform the House and give it an opportunity to comment on this. It is always an interesting balance. We have faced this problem for a decade or more since we debated these principles in this House. Indeed, we had a very interesting debate a few months ago where a whole clutch of former mandarins gave their opinions about what is called the “chilling effect” of freedom of information. I do not accept that there is such a chilling effect, but I do accept that it is right—as is the proper intention of the post-legislative review of the Act—that we look at how the Act is working and we will come back with recommendations in the areas raised by my noble friend.
Baroness Uddin
My Lords, further to the question of my noble friend Lord Dubs, does the Minister not accept that his response and the Government’s current position on freedom of information are flatly contrary to the position of openness and transparency in protecting those who ask the questions and not protecting at any level those who are being asked the questions? Does he not accept that this is totally contrary to the principles and ethos of the Freedom of Information Act?
Lord McNally
On the contrary, my Lords. If you are asking questions of power, there is some reassurance in the fact that the system giving you the right to ask those questions allows for anonymity. It certainly is not an abuse of power; it is rather, as the debates have shown over the years, that anonymity gives protection and encouragement to those who want information.
Lord Lloyd of Berwick
When the Government receive, as they do from time to time, independent legal advice, is there any reason why that advice should not be made available under the Freedom of Information Act? Should there be an absolute rule against independent legal advice being made available?
Lord McNally
Whenever the noble and learned Lord rises to his feet, a certain tingle goes down my spine—doubly so when he is asking about a matter legal. I am not sighted on that entirely and I would feel far safer if I were to take advice and write to him.
Overseas Aid
(11 years, 9 months ago)
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The Lord Bishop of Liverpool
To ask Her Majesty’s Government what proportion of the overseas aid budget is being earmarked for peacekeeping in areas of conflict.
Baroness Northover
My Lords, the Government are committed to scaling up their work in fragile and conflict-affected states. We have committed to spending 30% of official development assistance—ODA—by 2014-15 to support these countries and to tackle the drivers of instability. In 2011, £58.7 million of ODA was spent on multilateral peacekeeping operations. This represented less than 1% of the UK ODA spend in 2011 and we anticipate that it will remain at a similar level.
The Lord Bishop of Liverpool
My Lords, I can see the virtue of closer co-operation between peacekeeping and development programmes, but what steps will be taken to reduce the risk of humanitarian workers and beneficiaries of such aid being seen as agents of a foreign power, especially in fragile and unstable countries?
Baroness Northover
The right reverend Prelate is right. Those working in these areas are at huge risk anyway. That comes home very strongly. I have just come back from Pakistan and the difficulties of working in such areas are very clear. It is very important to draw the distinction that the right reverend Prelate makes. However, given that we are acutely aware of that, as are the organisations, I can assure him that that will continue to be the case.
Baroness Kinnock of Holyhead
Does the Minister agree that it is absolutely clear that both the UK’s International Development Act and the OECD guidelines would be breached if the Prime Minister’s statement on using aid money for military purposes was to be implemented? Should the Prime Minister therefore be heeding the OECD and British law instead of trying to appease recalcitrant Tory Back-Benchers who oppose the ring-fencing of development aid?
Baroness Northover
I suggest that the noble Baroness reads what the Prime Minister said. She will find that it is perfectly consistent with the approach taken by her Government. We work across the MoD, the FCO and DfID to do what we can to tackle instability in some of the poorest countries. It is because they are fragile states that there are such levels of poverty and such a lack of development. That is why it is extremely important to work to support those countries. DfID’s conflict pool and the Building Stability Overseas strategy build on what the previous Government rightly did. This is controlled by the OECD definition of ODA, which does not allow spending for military uses. Therefore it could not come out of DfID’s budget. DfID needs to reach its 0.7% contribution to aid, and we are committed to that. If this came out of it, it would not reach that 0.7%.
Lord Alderdice
My Lords, it is clear that peace and stability are critical not just in fragile states but in the development of all states. It would be helpful if my noble friend could clarify how Her Majesty’s Government will decide how far political interventions and interventions involving the Ministry of Defence will receive support. How will the proportions and the kind of help that will be given be decided? It would be helpful to know that to understand this better.
Baroness Northover
My noble friend is right to ask for that. It is extremely clear that the OECD defines what does and does not count as overseas development assistance. Most of our peacekeeping, for example, goes through the UN. Some 6% of that budget counts as ODA, and the rest does not. With the EU civilian missions, 100% counts under the ODA rules. This is extremely clearly defined. Where the MoD supports humanitarian assistance—the Navy, for example, supplies tents, as it did in Jamaica after the hurricane—that is counted as assisting and not as providing military equipment. These things are clearly defined.
Lord Collins of Highbury
My Lords, as the right reverend Prelate said, Labour supports a co-ordinated approach to tackling conflict that brings together defence, diplomacy and development. The Prime Minister’s attempt to suggest that aid money may be used to off-set deep defence cuts is misleading and will not stand up to scrutiny. I ask the noble Baroness to reassure this House that the absolute purpose of the proportion of money that we continue to spend is to alleviate property, improve basic services and support job creation, all of which are central to ending conflicts everywhere.
Baroness Northover
My Lords, I have to say that the noble Lord is misleading. I suggest that he read the Prime Minister’s words. He says:
“Conflict states haven’t met a Millennium Development Goal between them”,
and that,
“it’s obviously true that if you can help deliver security and help provide stability … that is the base from which all development can proceed”.
We all agree about that. He does not say that he is filling in some MoD black hole; he is saying, as the noble Lord stated at the beginning of his question, that we need to work together to ensure that we establish security for people in these fragile states in order that development can build upon that.
The Lord Bishop of Exeter
My Lords, peacekeeping is obviously very important, but so is peacebuilding. Does the noble Baroness recognise that many of the areas that have traditionally been funded by overseas development aid, such as increasing the capacity of civil society, advancing women’s rights and strengthening and improving governance, are also a really important part of peacebuilding? Will she give an assurance that programmes that have traditionally been bent towards those ends will be protected, and that the money will not be diverted to these new peacekeeping elements of the programme?
Baroness Northover
That is where the focus is. That is ODA. In providing support in areas such as Libya, Somalia, South Sudan, Pakistan, de-mining in Nepal and humanitarian aid, DfID is following these principles and this Government will continue to follow them because of the importance that the right reverend Prelate rightly ascribes to them.
Examiners of Petitions for Private Bills
(11 years, 9 months ago)
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The Chairman of Committees
That, in accordance with Private Business Standing Order 69 (Appointment of Examiners of Private Bills), Ms Christine Salmon Percival and Mr Peter Milledge be appointed Examiners of Petitions for Private Bills in place of Mrs Katherine Lawrence and Mr Allan Roberts.
Procedure Committee: Fourth Report
(11 years, 9 months ago)
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The Chairman of Committees
That the 4th Report from the Select Committee (HL Paper 117) be agreed to.
Partnerships (Prosecution) (Scotland) Bill [HL]
(11 years, 9 months ago)
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Antarctic Bill
(11 years, 9 months ago)
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Viscount Montgomery of Alamein
My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.
Growth and Infrastructure Bill
(11 years, 9 months ago)
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18:02 - Division on Amendment 18 - Ayes: 176 / Noes: 201 - Amendment 18 disagreed.
18:38 - Division on Amendment 22 - Ayes: 147 / Noes: 184 - Amendment 22 disagreed.
Baroness Anelay of St Johns
My Lords, the noble Lord, Lord McKenzie, is very courteously giving noble Lords the opportunity to leave the Chamber, but it might be helpful if they did so quietly and as speedily as possible so that we can get on to Amendment 1.
Clause 1 : Option to make planning application directly to Secretary of State
Amendment 1
Lord McKenzie of Luton
Lord McKenzie of Luton
My Lords, I shall speak also to Amendments 3 and 14, which we have in this group. I can be brief on Amendment 3, because, to all intents and purposes, it seems to cover the same ground as government Amendment 4. Essentially, they require it to be stated in the Bill that types of application which can be directed to the Secretary of State rather than the local planning authority must be for a major development of a kind prescribed in regulations. We are content to accept the Government’s formulation.
Amendments 1 and 14 relate to the designation of a local planning authority. They require that the criteria to be applied in designating and revoking designation of a local planning authority be the subject of a parliamentary process and in particular that both Houses of Parliament be asked to approve the regulations via the affirmative procedure. We debated this in Committee and noted that the Delegated Powers and Regulatory Reform Committee had raised concerns over the lack of a parliamentary process. It is clear that the Government have responded, at least to an extent.
Designation is no trivial matter. It represents a considerable shift in process because it removes a democratically elected council’s role of having the first engagement with the planning process. We know that the Government consulted on the thresholds for poor performance and a failing authority; that is, 30% or fewer major applications determined within the statutory period or more than 20% of major decisions overturned on appeal. The consultation has now ended, although we do not yet have sight of the full government response. We have just—hot off the press, I think—received a summary of the consultation responses. These show that less than half of respondents supported the speed and quality approach; that less than half of respondents agreed with assessing major developments within statutory time limits over two years; that only about a quarter expressed support for quality being assessed as the proportion of major decisions being overturned on appeal; and that less than half agreed with the 30%/20% formulation. It seems that there is a long way to go for there to be good levels of buy-in to this approach. What are the Government going to do given this response to the consultation? It is slightly worrying that they are on record as saying that they will not deliver their response until after the Bill has received Royal Assent.
It should be stressed that the amendment seeks a process for the criteria not only for designation but for revocation. The latter was a cause of a lot of concern given that the local planning authority may not handle major applications, other than fairly administrative tasks, once designation has taken place.
We remain concerned about the proposed mechanical process of designation, although it is accepted that agreements, formal and informal, would be taken into account in any process. We were comforted also by the Minister’s words in Committee, where she said that,
“I hope I made it clear that if a local authority is going to be designated, it will be able to put forward the sort of points that he and the noble Lord, Lord Greaves, have suggested as a reason for why their applications have been slower than others”.—[Official Report, 22/1/13; col. 1047.]
That is, there will be an opportunity to make representations. How does the Minister consider this approach might be built into the designation process?
I shall speak later to the government amendments once the Minister has introduced them and to the amendment of my noble friend Lady Whitaker. In the mean time, I beg to move.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Hanham)
My Lords, I thank the noble Lord for introducing these amendments. I will move the government amendments, as he asked. I very much welcome the scrutiny that noble Lords have given this clause. We have looked very carefully at the issues raised, and I am very glad to be able to bring forward the amendments in this group that respond to them.
In Committee, concern was expressed about the need for greater reassurance and stronger safeguards in relation to the way that this clause could be used. This was also reflected in the reports of the Delegated Powers and Regulatory Reform Committee and the Select Committee on the Constitution. The amendments we propose are designed to provide that reassurance by making very clear in the Bill the circumstances in which this clause may be used and by providing Parliament with an opportunity to consider the criteria by which planning authorities’ performance would be assessed.
Amendment 4 will ensure that applications for major development only can be submitted directly to the Secretary of State. The point was made quite forcefully in Committee that there should be a determination as to which applications were caught by these provisions. A number of noble Lords argued for this, and what we are doing now gives the Secretary of State the power to prescribe what “major development” means for this purpose. We intend to use the existing definition found in secondary legislation; for example, 10 houses or more or an equivalent amount of commercial space. This approach reflects the change that the noble Lord, Lord McKenzie, proposed in Amendment 3, and I am grateful to him for saying that he thinks what we have done is sufficient for him perhaps not to take his amendment any further.
Amendment 7 makes two important changes. First, it puts beyond any doubt that an authority could be designated under the clause only if it is not performing adequately in handling planning applications. Again, in doing this we are responding positively to the arguments put forward in Committee. Secondly, it requires that the criteria for designating authorities—and, indeed, for lifting any designation—must be laid before both Houses for a period of 40 sitting days before they come into effect only if there has been no vote in either House to the effect that the document should not be approved. We will come to what we expect those criteria to be when we debate the next group.
I believe these changes provide a powerful safeguard against any perceived future misuse of the powers that Clause 1 confers on the Secretary of State. I do not think there is any need to go further and require an affirmative procedure for the criteria, as Amendments 1 and 14 would require, as that would take us well beyond the sort of safeguards that underpin other performance regimes. It is also worth noting that where similar powers were taken by the previous Government in the Local Government Act 1999, the Education Act 1996 and the National Health Service Act 2006 there is no parliamentary scrutiny on the criteria that the relevant Secretaries of State use before exercising their powers. To go further than we propose would mean an unnecessarily protracted process for any changes that do not need to be made.
Amendments 8, 11 and 12 make some minor consequential changes to the clause. A further consequence is Amendment 53, relating to Clause 31, which provides for early commencement of proposed new Section 62B. This is for one reason only, which is to allow Parliament sufficient time to consider the criteria we propose to use while still allowing any initial designations to be made in October this year, as we set out in our consultation paper. This change has no impact on when the remainder of Clause 1 would come into effect.
The noble Baroness, Lady Whitaker, has not spoken to Amendment 10. I am not sure whether I shall move my amendments and give her an opportunity to do that. We have not heard from her. I think this is a bit unusual but since she seems to have missed the cut, I will move my amendments and leave the noble Baroness to speak to hers.
Baroness Whitaker
My Lords, I agree with my noble friend Lord McKenzie’s inference from the responses to the consultation and welcome the direction of travel of the Minister’s amendment, but I shall argue for more specificity in the Bill. I speak to Amendment 10 in my name and that of the noble Earl, Lord Lytton, who regrets that he cannot be here today. What I shall say has been drawn up with him, and I am grateful for his expert support and that of the Town and Country Planning Association. Perhaps I should also declare that I am an honorary fellow of the Royal Institute of British Architects.
Our amendment is tabled because of a gap in the concept of designation. Of all the evidence of poor performance by a planning authority, the one that has a particularly adverse effect on quality of life, as well as the local economy, is bad design, coupled with lack of sustainability, but that is not specified in the Bill. That power is open to wide discretion, whereas, at the other extreme, the consultation’s proposals for failing authorities are pretty mechanistic and relate to speed and appeal decisions—not tests of quality but, rather, tick-box exercises to check compliance. The impact of designation on local democracy is very powerful, and speed and compliance with the NPPF with regard to appeal decisions should not, I submit, be enough to prompt a designation decision. That should be taken in the round and take full account of the quality of outcomes. That is particularly important because the broad principles in the NPPF are themselves open to quite a degree of interpretation.
The two extremes of a vague, wide power in the Bill and narrow, mechanistic tests for failure omit the real point of good planning—to approve development that is durable and practical, acceptable to residents and capable of improving their total environment as well as, in the long term, saving public money. That cannot be done without an informed approach to design; but design capacity is still very patchy among planning authorities, and many succumb to the will or blandishments of developers who may well not have the long-term interest of the local community at heart.
Therefore, the amendment makes it necessary for the Secretary of State to consider what the authority has done by way of contributing to sustainable development and good design, which complements existing duties in planning legislation rather than enabling them to be overridden. He has also to consider, in addition, what the local views are so that, for instance, if a neighbourhood has developed design criteria but cannot get the planning authority either to accept them or to draw up its own, it is not short changed by the process. Finally, he must consider what any wider public interest might be. That latter obligation enables discretion to be used when necessary, so that it is not a matter of a fixed threshold being triggered. Finally, the Secretary of State must publish his or her reasons for designating according to the criteria in the amendment, which element of transparency I hope that the noble Baroness will also support.
In conclusion, the amendment would go a long way to protect residents from the kind of system failure in design and sustainability which poor planning authorities all too often let themselves in for. In that way, growth and infrastructure really could work properly. I commend the amendment.
Lord Best
My Lords, I speak in support of Amendment 10 in the names of the noble Baroness, Lady Whitaker, and the noble Earl, Lord Lytton. As this is my first intervention on Report, I note my relevant interests as president of the Local Government Association, chair of Hanover Housing Association and, in the context of the amendment, which concerns good design, vice-president of the Town and Country Planning Association and honorary fellow of the Royal Institute of British Architects.
In support of the intention behind this amendment, I would like to quote from an excellent speech delivered by the Minister for Planning, Nick Boles, to the Town and Country Planning Association shortly before Christmas. He said:
“People look at the new housing estates that have been bolted on to their towns and villages in recent decades and observe that few of them are beautiful. Indeed, not to put too fine a point on it, many of them are pig ugly”.
He went on:
“Since new housing estates are all too often soulless and formulaic ... existing residents oppose any proposal to build new houses on green field sites, even when the land is of low environment quality”.
He continued:
“In a nutshell, because we don't build beautifully, people don't let us build much. And because we don't built much we can't afford to build beautifully”.
He later said:
“It is now for the planners, architects and developers, large and small, to seize the opportunity we have created and start designing beautiful places, which local people will welcome”.
Poor design not only affects the lives of the people who occupy the new buildings, it also affects those who live in the same neighbourhood. Because so much new development has been, as Nick Boles says, “pig ugly”, the great British public regularly turn out to stymie and oppose the creation of the new homes that are so essential to ending acute housing shortages.
This amendment would strengthen the emphasis on good design, which should always be a hallmark of projects obtaining planning consent. It would, thereby, make it easier to gain the consent of local communities to the building of the new homes this country needs so badly. I strongly commend it.
Lord Jenkin of Roding
My Lords, I intervene very briefly to say that I very much welcome the amendments that my noble friend Lady Hanham has tabled to this clause. I have recognised from the beginning that it has been very controversial, not least among local authorities. I, too, declare an interest here as a vice-president of the Local Government Association. I have made it very clear to the association that I support the main thrust of Clause 1, but equally I recognise its desire to see the criteria dealt with more formally in the legislation. The indications that we have had from the Government in this context have been helpful, as has the Government’s amendment that it will be subject to regulations under the negative procedure, as my noble friend has indicated. These amendments are very welcome and take some of the sting, which local authorities have felt, out of the clause.
Local authorities need not be so worried about the remarks made by the noble Lord, Lord McKenzie of Luton, whose handling of this legislation I have always admired; he is extremely thorough. He quoted some of the figures from the summary of the consultation response, which I downloaded on my computer yesterday and read. The important thing to recognise is that, in the light of what I have just said about the general attitude of most local authorities towards this clause, it is hardly surprising that the response rate was not much more than 40 to 45%. One has to recognise that of the 227 replies received, 67% were from councils. A further 12% were from local government, professional or environmental organisations, and around 12% were from development interests or business groups. It was a pretty unbalanced response, but that is the nature of consultation; it is the people who feel strongly about such matters who respond. I am sure that those in the development industry look at the clause and say this is a step in the right direction. It is not surprising, given the figures quoted by the noble Lord, that there should have been what is, in a sense, a very heavily weighted response on the part of the local authority world. This does not in any way detract from the support I give to my noble friend for the amendments that she has tabled to this clause. I think that, with these amendments, the clause is a good deal more acceptable and I welcome it.
Lord True
My Lords, I hesitate to take exception to any remark made by my noble friend, who I have admired and worked with for so many years, but local authorities are charged with the responsibility of administering the planning system and have knowledge of so doing. It is hardly surprising—in my view, they would be failing in their professional duty—if they did not respond to a consultation which affected the rights of planning authorities. In declaring my interest as leader of a local authority, I confess that my own authority was probably one among the number that raised a few question marks about the clause as originally drafted, so I hope that the Minister will not dismiss the representations made just because they are made by local authorities.
I strongly agree with my noble friend that the changes she has introduced are positive. I was one of those who expressed concerns at an earlier stage of the Bill about the breadth of Clause 1, as it was then drafted. My noble friend, in her typical way, has listened to those concerns, as the noble Lord, Lord McKenzie, very generously acknowledged. We have come a very long way and I hope that we will be able to do that on later aspects of the Bill. Therefore, I, too, thank my noble friend.
I have some sympathy in spirit with Amendment 10. I am perhaps breaking a habit in this regard: I, too, agree with what Mr Boles said on the matter of design. There is a question of whether that is a matter for the Bill but I agree with the analysis that planning would be so much easier if design were better. I would remark only that, as I said at an earlier stage, we must avoid the risk of any kind of moral hazard in this legislation. In terms of openness and the way in which designation is made, it is still not clear to me—it is certainly not inherent in the Bill—that where a future Secretary of State makes a designation and takes the game away from a local authority with the view of making a judgment on a major planning application, it must be the case that any representations made to the Secretary of State before he makes that designation become matters of public knowledge, in the same way as representations in terms of planning are placed on a website.
I have not tabled anything in this respect, but I hope that in response my noble friend will make it clear that there will be absolute transparency in that respect. There can therefore never be any suspicion that any powerful interest has got at any Government behind the scenes, leading to the designation of a local authority which may have been a little bit awkward to somebody who wanted to get a major planning application through. That is not an obstacle to what my noble friend has put before us, which I welcome, but perhaps she might be able to respond—if not now, in correspondence—on that specific point of transparency.
Lord Tope
My Lords, as this is the first time I have spoken at this stage I, too, must again declare my interest as a member of a local planning authority in London. Briefly, I echo the sentiments of both my noble friends who have just spoken; even though they started by disagreeing with each other, in effect they are saying the same thing. I recall recognising at Second Reading that the Minister is well known for listening, and saying that on this occasion I hoped that she would not only listen, characteristically, but hear and be able to act accordingly. I am grateful that she has indeed listened and heard and that we have these welcome amendments. I rather gather that the government amendments are being welcomed on all sides of the House. While not making this clause perfection, they have certainly improved it considerably.
In saying that, I have had the chance only to have a very quick look at the consultation results, which we received fairly late yesterday. I am a little surprised that there is so much support for the proposals in Clause 1, including from local authorities. I cannot help wondering whether, if we were to consult now—I am not suggesting that we should—on Clause 1 as it is likely to read after today, we might see even better results. With the reassurances that have been, and I think still will be, given on it, Clause 1 has been made far less onerous than when we first looked at it. I welcome the movement from the Government and their amendments before us today. They do not go as far as some of us would wish but they go considerably further than we might have hoped at an earlier stage and we on these Benches certainly welcome them.
Baroness Hanham
My Lords, we are running slightly out of order so, with the leave of the House, I will speak now and the noble Lord can respond after me.
I am glad that most noble Lords have had an opportunity to see the consultation. I made it clear in Committee that I would try to ensure that the consultation responses, at least, were available to the House, and that is what we have done. It would be fair to say, as the noble Lord, Lord Jenkin, has done, that with any consultation parts are agreed and parts disagreed. If I did not misunderstand my noble friend Lord True, he suggested that we might dismiss anything that had come in from a local authority. I can assure him categorically that that is not the situation.
Baroness Hanham
I apologise for missing the fact that this was an aside. I will not take it any further, other than to underline the point that we listen very carefully to what local authorities say about legislation and we always will.
I am also grateful for the general support we have had. I understand that there are still concerns about this designation but we are trying to keep it as simple as we possibly can. In that regard, I will briefly address the noble Baroness, Lady Whitaker, and the noble Lord, Lord Best. We will be discussing the criteria in Amendment 10. They may want to intervene again in the next group but I think and hope I can deal with it. It is important to remember the whole purpose of this clause, which is to encourage good and timely decisions from local authorities and to give applicants for major development the choice of a much better service. There is no question here that, where the authority is designated, an applicant cannot still go to them. They are given the choice of being able to go to a local authority or being able to go immediately to the planning inspector. At the moment, they can do that after 13 weeks if an application has not been dealt with, but now they can go right from the outset.
In the context of design, sustainability is hugely important. However, it is not relevant to what we are trying to do here, which is to get the number of appeals against a particular local authority down and the applications dealt with quickly. Local authorities have to take sustainability, design and good development into account. The noble Lord, Lord Best, pointed out very clearly what my honourable friend at the other end, Nick Boles, has said. We believe very strongly in that. The national policy framework deals with that as well and makes it very clear. However, these are not tests that we ought to apply as part of assessing the designation. They are not matters that can easily be assessed on the basis of our considerations and the very limited criteria which we are employing.
Were the amendment to be accepted, there would be a very real risk of having a process that is far from transparent. We do not want that: we want it to be as open as it can be and, perhaps, open to judicial review. We wish to avoid that by employing the criteria that will ensure that the assessment process is as fair and transparent as possible. As I say, we will have a chance to consider those further in the next group.
My noble friend Lord True—I actually understood him this time and did not get it wrong—asked whether there would be clarity where the applications were sent to the Secretary of State. Again, we will deal with this later in the Bill where there are relevant amendments, but I assure him that the intention is that it should be open and transparent, with local people having the right to make representations to planning officials. With that, I hope that the noble Lord will feel free to withdraw his amendment.
Lord McKenzie of Luton
My Lords, I thank the Minister for her response to the amendments and for moving the Government’s amendments. We are happy to accept Amendment 4, with perhaps a more grudging acceptance of Amendments 7 and 19 because we think that a more robust process would be appropriate. At least now we have a parliamentary process, though, so the Government have moved on that and we should thank the Minister for it.
I agree with the noble Lord, Lord Tope, that Clause 1 is far from perfect; we would prefer it not be in the Bill and we will debate that later, but these amendments have edged it forward in a more acceptable direction.
I agree with the noble Lord, Lord True, that it is entirely appropriate that local authorities should be engaged in this consultation; in a sense, it is their powers that are potentially restricted by this. Something is still unclear to me regarding representations. Again, I take the point of the noble Lord, Lord True, that we do not want representations by the back door from people to the Secretary of State, but the opportunity for local authorities to make representations to the Secretary of State before designation takes place is still a grey area, at least to us. In Committee, the noble Baroness seemed to open the door for some iterative approach which is encompassed in performance agreements, formal or informal. I hope that we can get greater clarity on that during our deliberations today.
The noble Lord, Lord Jenkin, basically said in respect of the responses from local authorities, “Well, of course they would say that”, but the value of the consultation is not only the metrics—even though it was me who quoted them—but some of the issues that are raised, and they are very relevant to some of the debates that we are going to have.
We support the approach of my noble friend Lady Whitaker’s amendment, spoken to and supported by the noble Lord, Lord Best. It reminds us that one way to judge quality might be the level of unsuccessful appeals, but that does not really go to the heart of whether a planning authority’s decisions and engagement are focused on the quality of design and the achievement of sustainable development.
It is interesting to look at the consultation responses to Question 5,
“Do you agree that quality should be assessed on the proportion of major decisions that are overturned at appeal … ?”.
Is that the right metric for judging quality? Only 27% supported that while nearly half, 48%, were either opposed to it or had a qualified opposition to it. It is this lack of a qualitative assessment and reliance on the mechanistic approach to designation that is likely to drive down standards. Clearly, ignoring any view from parish or town councils, neighbourhood and business forums, or indeed any relevant representations, may make for clarity of criteria but, I suggest, does not assure us of the right sort of outcomes that we want from the planning process. Having said all that, though, and accepting the Government’s amendments, I beg leave to withdraw the amendment.
“(aa) the local planning authority has been given 12 months prior notice by the Secretary of State ahead of their designation for the purposes of this section.”
Lord Tope
Amendment 2 will have the effect of giving a 12-month period between a local planning authority being identified as performing poorly and the time when it may become designated. In Committee I suggested 18 months, my noble friend Lord Greaves suggested 12 months and we did not need to argue over that. I have settled on 12 months because part of the Government’s argument against the amendment at that time was that 18 months was too long.
There is a slightly different approach towards Clause 1 and designation. The Government have said that they want Clause 1 as a deterrent to local authorities. I prefer to see Clause 1 as an incentive. There is an important difference in thinking: a deterrent is something negative which implies punishment at the end if you do not comply, whereas I see incentive as encouragement, something positive, to seek to improve. That is what the Government seek to achieve as well. They are not out to punish local planning authorities—that has become very clear during the course of the many debates on this clause. They are seeking improvement too.
I suggest that there should be a 12-month period from the time when a local planning authority becomes aware that its performance is poor enough to warrant possible designation. It should then have the time to take the necessary actions itself, if it can, to bring about the necessary improvements, to join with others in a peer-led improvement, on which the Local Government Association—of which I am not a vice-president—has a very good track record and which I know the Government have appreciated on many occasions. It also gives time for the Government and others to assess the direction of travel of that local planning authority. If it is improving at a significant rate, then to designate it at the end of that period would seem to be an unnecessary punishment. We should, rather, stimulate with greater encouragement.
This amendment is brought forward in good faith in the hopes of further helping the Government to achieve their objectives. The Planning Minister, Mr Boles, has said that he hopes that neither he nor any future Government will ever have need to use the provisions in Clause 1 because local planning authorities will have improved their performance and it will be unnecessary. The amendment allows a sufficient and reasonable time period to enable local authorities to bring that about themselves without suffering the punishment of designation.
I hope that when the Minister replies she will spell out how the Government see this as an incentive to improve, not a punishment to be inflicted for poor performance. When we look at the process in more detail we can see how that is being achieved. I beg to move.
Lord McKenzie of Luton
My Lords, we heard from the noble Lord, Lord Tope, in Committee on a similar amendment proposing a period of 18 months. The intention is to give early warning to local authorities, so that they have an opportunity to improve with the help of other local authorities, the LGA, and possibly even the Government.
The thrust of the amendment is entirely reasonable. We suspect that the Government’s response will be that authorities will know in good time. Designation will be based on two years’ data and authorities will know the results of the first of these years. If they are failing the criteria for year 1, the danger signals will be there for the end of year 2. Councils will be able to seek to improve. This does not address the position at the start of the scheme where, before the ink is dry on the legislation, the die will effectively be cast.
At a recent meeting, which was kindly organised with the Planning Minister, it was hinted that there might be some easement in the early period. Perhaps the Minister will tell us whether there are any such developments. In any event, on an ongoing basis, knowing in year 2 that year 1 criteria have not been met may not give the local planning authority sufficient time to improve. Improvement may in part depend on the nature of any new applications. Tardy dealing with the major development submitted in year 1 may affect the data for year 2. For a small local planning authority, staff sickness and the timescales to recruit new staff are factors which anyway could mean that a local authority has insufficient time to turn things around by the end of year 2.
If the objective is to encourage sustainable improvement in local planning authorities, the rigid application of the criteria could be counterproductive. The noble Lord’s amendment seems to give an opportunity of improving that situation under these arrangements. I say to the noble Lord, Lord Tope, that if we do not get a satisfactory answer from the Minister today, he should consider testing the opinion of the House on this proposition.
That leads to our Amendment 15, which requires the serving of a notice of intention to designate but then, crucially, a chance for a local planning authority to make representations as to why designation would be inappropriate—not for an extensive period but for just four weeks in this case. We know that the Government will argue for the importance of transparency and certainty in the process but they should also recognise that a range of factors could affect the timeliness of dealing with applications—difficult development, statutory consultees, extended and iterative community consultation, to name but a few. It might be argued that anyone served with a prospective designation notice is bound to make representations but of course not all will be justified.
In any event, at a recent meeting, we heard from the Planning Minister that although the number of likely local planning authorities to be designated has crept up—I think that he suggested 20—that surely is not too large a group for there to be the opportunity to make representations. We should think of the damage to and the demotivation of a planning team which gets designated through no genuine reasons that it could influence.
Perhaps I may again take the noble Baroness back to our deliberations in Committee when she said:
“There are usually reasons why planning applications are delayed, and one may be that an application will take longer than the normal consultation period. Before an authority is designated, it will be allowed to put that view forward and say that it has not been able to deal with certain applications because it has agreed that the process will take longer, or there may be some other reason. A portcullis will not just come down; discussions and explanations will be possible”.—[Official Report, 22/1/13; col. 1032.]
That seems to be pretty clear and suggests that there should be scope for precisely what the amendment in the name of the noble Lord, Lord Tope, and our Amendment 15 seek. Unfortunately, from all that we have heard so far, it seems as though the portcullis will just come down and that there will be no stay of execution on this.
Baroness Hanham
I thank both noble Lords for these amendments, which, as I have said, open up the discussions on the criteria and the means of designation. The noble Lord, Lord Tope, has said that with designation we should be incentivising and not punishing. From the outset, I want to make it clear that that is precisely what we are trying to do. While we designate because of a performance, we are trying to ensure that that performance improves. If this is an incentive to do that, that is precisely what we are trying to do.
How the designation process will work is very important. As a matter of course, we are consulting on it. I think that it would be helpful if I begin by giving noble Lords an indication of what people have said and how we intend to respond. The consultation closed on 17 January and, as noble Lords have said, there were 227 responses, many of them from planning authorities. There were inevitably some differences of view and, having looked carefully at the responses, we are in a position to confirm how we plan to move forward on some of the key elements of the proposals. We will of course publish a full response to the consultation in due course, once the primary powers to be implemented have been finalised.
In the light of the consultation we have concluded that the speed and quality of decisions on planning applications are the most appropriate basis for assessing the performance of local planning authorities for the purpose of implementing this clause. The basis refers to the specific thresholds where, as the noble Lord, Lord McKenzie, rightly said, 20% were lost on appeal and 30% assessed on speed or lack of it—applying, in other words, to authorities that have had 20% or more of their major decisions overturned at appeal, or that have decided 30% or fewer of their major applications within the statutory period.
It bears repeating that these are very low thresholds. The intention behind them is to create a safeguard that encourages—or incentivises—good performance rather than to see a lot of designations. We remain of the view that designations should be a last resort and that these thresholds are in line with that objective. We will keep them under review—that is our starting point and firm intention. Through the amendments that we have made to Clause 1, Parliament will have the opportunity to consider the criteria before they are finalised.
There was considerable support for our proposal to allow extensions of time agreed between the local authority and the developer to be dealt with separately from the performance figures that we currently collect. This was one of the points addressed by the noble Lord, Lord McKenzie; where over time there are difficulties, as long as there is agreement with the developer for an extension of that time for whatever reason, that will not become part of the decision-making relating to the designation. These performance figures are part of promoting a simpler, more proportionate approach to planning performance agreements. We will reflect this as quickly as possible in the data that we collect. We also intend to proceed with our suggestion that any authorities that fall below the performance thresholds are considered for designation and dedesignation on an annual basis.
In line with this we have been giving particular thought to how we can put in place a cycle of support for authorities that are at risk of designation and have actually been designated. This is important for two reasons. First, by providing early support we very much hope that we can help any authorities that may be struggling to improve sufficiently and so avoid designation. Secondly, for authorities that have been designated we will want to make sure that they can get out of it as quickly as they can and that, if possible, designation can be lifted at the end of a first year.
In the light of the consultation responses, our position is that decisions about dedesignation should be guided primarily by an assessment of what the authority has done to address the reasons for underperformance, and its capacity and capability to deal effectively with major applications. This will mean reviewing at the time of designation what the authority needs to do to reach a satisfactory level of performance and to ensure that it can access whatever help may be required. To provide that support we have been having helpful discussions with the Local Government Association about the way that it can best be provided to those local authorities. We agree with the LGA that this is appropriately done by support from the sector, and that it has a vital role to play in driving improvement in planning services and addressing poor performances where they exist. Giving local government the responsibility to manage its performance is a principle we are committed to and have supported through our funding of the Planning Advisory Service.
Lord McKenzie of Luton
My Lords, will the noble Baroness clarify the position at the start of the process? The first round of designation will take place in October this year and as most of the data that will influence that is already in existence, there is little that a local authority can do now, given the time, even if it is extended to June, which might have been the suggested date, to have a sector-led approach to help them to improve. We are almost in March, and the legislation is not yet on the statute book. What the noble Baroness said was helpful going forward, but I do not see that it helps people and local authorities at the start of the process that much. Can she give us any further comfort on that?
Baroness Hanham
My Lords, I have two bits of comfort, if I can voice it like that. First, I think that local authorities that are in the designated zone will be very aware that they are and the Local Government Association is well prepared now to help them. Secondly, the figures that they can see at present may make them feel at risk once they have done that, but they can then approach the Local Government Association for help to see whether they can improve their figures going up to October.
Lord Tope
My Lords, I am very grateful to the noble Lord, Lord McKenzie, for his support so far and I am grateful to the Minister. The noble Lord, Lord McKenzie, said, in urging me to consider testing the opinion of the House, that we would have to listen very carefully to what the Minister had to say. I am grateful to the Minister for spelling out the whole process so fully and thoroughly. We will all want to look at it a little more carefully and read it in Hansard tomorrow, but it seems to me that she has gone a long way towards meeting the intentions of my amendment.
As I believed to be the case, she has confirmed that the intention is to seek improvement and not to punish. She has confirmed that it will be a sector-led approach, that discussions have taken place with the Local Government Association and that it will fully co-operate, help, support and lead that. She has rightly said that those authorities that are likely to be at risk under the criteria, which, as she rightly says, are set at a very low threshold, already know that they are at risk. I believe that, since the Bill was published last autumn, those authorities that feel themselves to be at risk are already showing some significant signs of improvement.
I feel that the Minister has accepted the intentions of my amendment; indeed, she has accepted almost everything but the words themselves. Having achieved that much, I feel that it is right and proper at this stage to beg leave to withdraw the amendment.
Baroness Hanham
(2) In this section—
“major development” means development of a description prescribed by the Secretary of State;”
Lord McKenzie of Luton
“( ) Before reaching a decision on an application made to him under this section, the Secretary of State must ensure that there has been adequate consultation with the local community.”
Lord McKenzie of Luton
My Lords, this amendment is entirely consistent with Amendment 13, which I trust I will be able to support after it has been spoken to by its mover. Amendment 5 seeks to ensure that, when an application is made to the Secretary of State under the provisions of the Bill, there must, nevertheless, be adequate consultation with the local community. One of the fears arising from Clause 1 is that it facilitates the bypassing of local planning authorities and, along the way, local communities. It is a rerun of a Committee amendment because we considered that the matter was not fully resolved at that stage.
The Minister at that time asserted the intention that all current statutory requirements on local authorities would be transferred to the Planning Inspectorate, including requirements around publicity and consultation. Perhaps the noble Baroness will remind us this afternoon of the process and timing for this. Notwithstanding that, the concern lingers about the presumption that applications dealt with by PINS will largely involve engagement by means of written representations, with possibly a short hearing to allow key parties to put their views, and that this would not necessarily be typical of major applications to a local planning authority. In moving the amendment, I seek reassurance from the Minister on that point.
Lord True
My Lords, I have an amendment in this group, which the noble Lord, Lord McKenzie, has effectively summarised in the points made. I do not pretend that the specific wording or format is necessarily correct, but none the less the broad principle enshrined in it, and in what the noble Lord has just said, is important. As this process goes forward there will inevitably be fears that a Government—not this one necessarily—may in time use this process to ensure that it is made easier to secure agreement to major developments against the wishes of the local population. It might be feared that that could be done either by having a process that is conducted through written procedures or by a rather cursory appearance from an inspector for a hearing in the local area. In this process, a great deal also goes on in the pre-planning stage. Good developers are these days very active and are often encouraged by local authorities to meet local populations to discuss and undertake consultation, perhaps in relation to what might be the specific local community benefits that come from the development. All those things are best conducted locally, in the place and community where the development will take place and which will be affected by it.
As I said, I do not intend to try to write law that is prescriptive. My noble friend gave some general reassurances earlier, but in both the pre-planning stage and the period in which a planning application is under consideration, it is absolutely essential that the Government leave no suspicion in the minds of the public about their rights, about which they feel ever stronger. Those of us who have the honour to represent people in local authorities know that the people’s wish to have their voice heard is greater, not less, as time goes by. I hope that we can hear a very strong reaffirmation from my noble friend that if not the specifics of my amendment, certainly the spirit of it will be written into whatever provision the Government might follow up with as they refine secondary legislation, codes of practice and so on, once the legislation becomes law.
The public must not believe, or have any justification to believe, that there is something herein that makes it easier for development to take place in the teeth of what local people believe to be in their interests. That is not nimbyism; there is a balance in these matters. Giving people a chance to have their day in court and to have their voice heard is extremely important in the principle of securing consent to planning developments, which all of us in this House know that this country will need in the decades ahead.
Lord Deben
My Lords, I remind the House that I have declared an interest as someone helping people through a company with sustainable development. It is on that point that I support what has been said. It is not just a question of community not feeling that it is being bypassed, although that is crucial and the gravamen of the whole discussion. We also want to support those developers who do the job properly, as against those who think that there is a short cut.
One of the encouraging things of recent years has been the increasing number of developers who have understood that proper community consultation early on makes their development not only more likely but probably better. Many of them are taking seriously the fact that input from the community can be not an incubus but a considerable advantage. Therefore, I, too, hope that my noble friend will be able to give us an assurance—which I am sure she would wish to give—that this is a mechanism to achieve things which cannot otherwise be achieved, rather than a mechanism to make easier to achieve things that should not be achieved and would otherwise be stopped. That is the distinction that we are trying to draw.
My concern in respect of developers, therefore, is that we do not want the less good to triumph over the good. Moreover, as my noble friend Lord True rightly pointed out, we do not want the public to feel that they are being railroaded about things in which they are increasingly interested. We in this House ought to remind people that this is not some evanescent view that will disappear. People will increasingly want to have control over what happens in their own area; that is why we had the Localism Bill. It is also true that, as the world outside becomes more and more complex and people feel it is more and more difficult to decide on how they will have some control over energy policy, the European Union, the work of the United Nations and all the rest of it, localism—the concept of at least having some real control over the area around you—becomes a greater demand rather than a lesser one. This is a crucial moment in this Bill, and the ability of my noble friend to reassure the House is of great importance.
Lord Tope
My Lords, my noble friend Lord Shipley and I have added our names to Amendment 13, to which the noble Lord, Lord True, has spoken. I strongly echo all that he has said; indeed, I think we find ourselves so much in agreement that our respective council groups will be getting very alarmed by our togetherness. I will not repeat what he has said or what the noble Lord, Lord Deben, has said, with which I also strongly agree.
I want to use this amendment and this opportunity to return to the position in Greater London, about which I spoke in Committee. At that time, I pointed out that the Mayor of London—the office, not the post-holder—is responsible for strategic planning in London; that the mayor is elected and democratically accountable both to the elected London Assembly and to the electorate of London; and that if any London planning authority was unfortunate enough to find itself designated, it would surely be far more appropriate and satisfactory for the Mayor of London to take the place of the Planning Inspectorate, with his far greater level of local London knowledge.
In reply, the Minister, the noble Lord, Lord Ahmad, said:
“We gave the reassurance that applications of potential strategic importance would be notified to the mayor very quickly once they had been received by the Planning Inspectorate, so that he will be able to act immediately should he wish to intervene”.—[Official Report, 22/1/13; col. 1101.]
He described that as a more practical approach than having the mayor, in effect, taking the place of the Planning Inspectorate in London. That sounded reasonable and reassuring in theory, but I want to use this amendment to understand better how it is intended that that would work in practice. Will it happen through regulation or through some form of gentlemen’s agreement —and who knows, one day the mayor might not be a gentleman? To what extent will the mayor be able to take responsibility for dealing with the appropriate applications in London when an authority has been designated and, if it is still PINS, what notice will PINS take of what the mayor, with that responsibility, has to say?
I think the Minister is aware that I was going to raise these points. I seek clarification for me, the mayor and the mayor’s office, who are similarly not sure whether or not to feel reassured.
Baroness Hanham
My Lords, I hope I can be reassuring on all the aspects that have been raised. We are fully aware of the necessity to ensure that residents and local communities are involved in any planning application. In any planning application process, effective community involvement is essential. It is a priority that we have been pursuing vigorously through the various planning reforms.
In Committee, I tried to be clear that we will ensure, through secondary legislation, that there is no reduction in the rights of communities to become involved where applications are made directly to the Secretary of State. Let me go into that a little further. There will be no dilution of the legislative safeguards to enable communities to become aware of applications made to the Secretary of State, to comment on them and to have their views taken into account; nor will any less weight be given to their views on the planning issues involved.
Indeed, the existing primary legislation will require a planning inspector, when making a decision on such an application, to take all material considerations into account, just as a local planning authority would. The decision would have to be made in accordance with the development plan unless there are any material considerations that indicate otherwise. Again, that is no different from the approach that a local planning authority would have to take. The local authority will, of course, be able to put its own representations to the Planning Inspectorate with regard to the application.
It was a major element of the Localism Bill that there should be pre-planning discussions, and we expect those to take place as well. This is not a fast process from that point of view. You would expect pre-planning discussions to take place before the application was lodged, because otherwise they are not worth having. That aspect will still continue. We are trying to ensure that the important protections in town and national planning policy are taken fully into account, whether the decision is made by a planning inspector on behalf of the Secretary of State or by the local planning authority.
Through secondary legislation, we will ensure that the relevant documents for applications made directly to the Secretary of State are made available at the offices of the local planning authority as well as on the planning inspector’s website. I can also confirm that our intention is that there should be short local hearings. The noble Lord, Lord Tope, asked whether hearings and discussions would be held to consider the views of key parties where a case has raised issues that should be considered in public. I hope noble Lords will understand that we are very anxious that local communities are not excluded from this process and that it is as transparent, as it would be were the local planning authority dealing with it.
My noble friend Lord Tope raised the question of the Mayor of London. Schedule 1 allows the Mayor of London to retain his ability to call in any applications of potential strategic importance for the capital where an application is made directly to the Secretary of State. To ensure that the mayor is made aware of any such application as swiftly as possible, the Planning Inspectorate will make an immediate assessment of whether any application it receives falls into this category. If it does, it will notify the mayor’s office without delay and he can then decide whether he needs or wants to call in the application for his own decision. I hope that addresses the point made by my noble friend.
The Town and Country Planning Act makes specific provision for parish councils to be notified of proposals in their area. It was a point made by the noble Earl, Lord Lytton, and the noble Lord, Lord Greaves, neither of whom are in their places today. I reassure them that parish councils will have to be notified of proposals in their area where they have notified the planning authority that they wish to be kept informed. It is voluntary as far as they are concerned.
I have two amendments in this group. Amendment 17 responds to the point made by the noble Earl, Lord Lytton, which I have just discussed, and will make it a statutory requirement for the Secretary of State to inform parish councils of any applications that affect them, provided that they have asked to be notified of the applications, which seems reasonably fair. Amendment 19 makes a minor consequential change to Schedule 1.
In the light of what I have said, while I understand and sympathise with the intention behind the amendments put forward by the noble Lords, Lord True, Lord Tope, Lord Shipley and Lord McKenzie, and spoken to very supportively by my noble friend Lord Deben, I do not think that these additional changes are necessary to ensure that effective community involvement is seriously taken into account where applications are made to the Secretary of State. As I have said, we will ensure that secondary legislation requires the same degree of consultation with communities as primary legislation, which sets out the requirements that apply when applications are made to the local planning authority. We will of course ensure that the House has an opportunity to consider the secondary legislation that deals with these matters when the time for that is ripe.
With those assurances, I ask the noble Lords not to press their amendments.
Lord McKenzie of Luton
My Lords, I thank the Minister for her response and for moving her own amendments. Clearly we support the government amendments and their provisions for the notification of parish councils. I have already indicated my support for the amendment tabled in the name of the noble Lords, Lord True and Lord Tope. I believe that the Minister has satisfied us about the legislative framework under which the Planning Inspectorate will be required to consult to make residents aware and to ensure that their views are taken into account, whether by primary legislation or by secondary legislation that is to come.
However, nervousness remains over whether the Planning Inspectorate’s approach will involve engaging with the intensity with which a local authority would, and whether its connection with the local community is as intense and engaged as that of a local planning authority. I suppose there is no way of getting greater assurance on this point until we see what happens in practice. The noble Lords, Lord Deben and Lord True, made a point about the era that we are in. Local people now have a much greater focus, and the entitlement to engage in these things is important. However, I do not think that we can second-guess what might happen; we will have to see in practice what the level of engagement is.
I hope the noble Lord, Lord Tope, has been satisfied on the mayor’s position. That said, I beg leave to withdraw the amendment.
Baroness Hanham
“62B Designation for the purposes of section 62A
(1) An authority may be designated for the purposes of section 62A only if—
(a) the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies,(b) by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, and(c) the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies. (2) This subsection applies to a document if—
(a) the document has been laid before Parliament by the Secretary of State,(b) the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and(c) the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit.(3) In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).
(4) In calculating the 40-day period for a document, no account is to be taken of any period during which—
(a) Parliament is dissolved or prorogued, or(b) both Houses of Parliament are adjourned for more than four days.”
“(e) the National Parks Authorities; and(f) the Broads Authority.”
Lord Judd
My Lords, perhaps it is appropriate at this stage in our proceedings that I remind the House that I am a resident of a national park, a vice-president of the Campaign for National Parks and a patron of the Friends of the Lake District.
In Committee, my noble friend Lord Adonis very powerfully put on the record how well national parks had done in planning matters. Rereading what was said at that stage of our deliberations, it does not seem to me that the Government tried to refute the case that he put forward so convincingly. I am not altogether clear about what the rationale is for the specific exemptions listed in the Bill. Why these alone in the Bill? What is really the case for them? I hope that, in dealing with what I am about to say, the Minister may have an opportunity to leave the House wiser on this point.
If there are to be exemptions, I believe most strongly that the case of the national parks is outstanding. Why? Repeatedly since the parks were originally created in the post-war era, successive Governments of different persuasions have put on the record their determination that these parks are very special parts of the United Kingdom. To those who would say that this is an emotional argument and not a practical one, I would say—I made this point in Committee—that that is utter nonsense, because a healthy, effective nation needs space to regenerate physically and mentally and the parks make a direct contribution therefore to the well-being and operational efficiency of the nation.
We all want economic development—it would be hypocritical to pretend otherwise; I certainly want it—but these very special areas must be protected in the context of our commitment to still better economic performance, because they contribute to the well-being of society and help to underpin the whole nature of the society that we are trying to achieve our by our economic performance. Economic performance cannot become an end in itself; economic performance is so that we can have a decent United Kingdom, and these special areas are absolutely central to that.
It is important to recognise that we in both Houses of Parliament have had a very important role as guarantors of this reality. Since the national parks and the Broads were established, it has been recognised not only by government but by Parliament repeatedly that they are the most important areas for natural beauty and for the opportunities they provide for public understanding of their special qualities. The Government’s national parks circular of 2010 explains why it is important for national park authorities to retain a planning function in order to deliver these statutory functions. The Government’s National Planning Policy Framework restates that they are to be afforded the highest levels of protection and that major developments within or affecting a national park therefore need to be given very careful consideration.
Of course, a national park authority is highly likely to receive far fewer major applications for development than other planning authorities. A consequence of this is that the percentages for major applications determined within 26 weeks, and the percentage success rates on appeals—the criteria which are proposed by the Government for determining poorly performing authorities—can shift quite markedly from one year to another. The Government’s Planning Guarantee Monitoring Report, published in September last year, highlights that six national park authorities received three or fewer major applications in 2011-12 and that, of those, two received only one application. This surely demonstrates that the statistical problem of relying on percentages as far as they relate to national parks is a dangerous game. I recognise that the Government have issued a consultation paper that deliberates on the criteria they will use to determine poorly performing authorities. Although the period over which this is to be assessed seeks to address large variations from year to year, it is important to understand that this potentially raises very serious considerations for the parks.
Before I conclude I shall go over the basic statistical realities again. Leaving to one side the South Downs National Park, which was designated during the year in question, in the year ending 2012, the eight national park authorities and the Broads Authority received 5,000 planning applications. They granted approval for 89% of applications, which is higher than the English average of 87%. They received 53 applications for major development, of which 91% were granted approval. For major development, national park authorities compare favourably with other local planning authorities for speed of determination. They approved 60% of applications within 13 weeks, compared with the English average of 57%. It is absolutely clear to me—and I would have thought to everybody—that the national park authorities have a good track record in planning performance and a number are, for example, part of the Government’s front runner programme for promoting neighbourhood planning. If there are to be exemptions, I urge the Minister to look seriously at whether, even at the final stages of consideration of the Bill, she could include the national park authorities alongside the other designated authorities, although, as has been said, it would helpful if we could have a bit more information on the overall rationale for the authorities mentioned in the Bill.
This is an important issue. It is important to keep the factual side under consideration all the time. However, I am not ashamed to say that it would be very easy to introduce a new culture in which the parks have to justify their existence rather than anyone who wants to undermine their special character having to justify why they are doing that. When we introduce legislation of this kind, it is crucial to remember that we are dealing not only with the Ministers of the day. I am convinced that the Ministers of the day are quite civilised on these issues. They have a very enlightened approach. They want to help, I think, in many ways. That is encouraging, but they might not always be there. Another Minister coming along could very easily see this as the thin end of the wedge and that the door was being pushed open, opening up all sorts of new opportunities which could very easily lead to the complete destruction of the special nature of the parks. I beg to move.
Lord Deben
My Lords, I hope very much that my noble friend will resist this proposition. It seems to me to be really unacceptable. If it is necessary to have a fallback power for circumstances in which it is necessary to take to the centre decisions that would otherwise be done locally, I find it very difficult to understand why the national parks should be excluded.
There are two reasons for that. First, it says something about everybody else. It says that those people are perfectly safe, but the other people have to be subject to this rule. Speaking on behalf of everybody else, I do not think that that is a very good argument. Secondly, I was Secretary of State responsible for these matters, and I can think of one national park which ought to have been under this rule for quite some time, because its planning attitudes at the time were utterly indefensible. It is no good saying that they are always perfect. If what the noble Lord, Lord Judd, says, is true—I am sure that it is—and the national parks have a remarkable record over recent years because of the fantastic speed with which they deal with plans, nobody will do that to them. If the record is as good as that, they will be the last people to be subject to this.
I have to say to the noble Lord, Lord Judd, that I find it difficult to believe in the infallibility of the national parks. Indeed, I have good reason to believe that we have made a huge mistake in making the South Downs a national park. I have opposed that all my life; I still think that it has been a disaster; it is not what should have been done and it has alienated local authorities in areas where it would be much better for them to have worked as they had worked before. I think that the same is true of the New Forest. That was an historic, political decision to do with the 1930s rather than anything to do with the 2000s, but there we are: we have done it. It has not been as damaging as it might have been, but it was not sensible.
National parks do a wonderful job. They are a fantastically important part of our structure. I think I have a long enough record of defending the countryside and working for country people and the nature of the British rural society not to be maligned by the suggestion that in some way I have a wicked desire to concrete over the countryside. Indeed, I have been pretty critical of the Government’s proposals on the basis that I do not think that it is necessary to build on greenfield sites. I happen to think that we can build all the housing we need on brownfield sites. It is an easy way out for developers to build on greenfield sites. They must be forced to build on brownfield sites because otherwise all they will do is build on greenfield sites and then wait until they have more greenfield sites. That was my experience from four years as Secretary of State. I hope that no one will criticise me for that.
If we are to have the clause—I have shown myself to be not altogether happy about the need for it—it must cover national parks and the Broads Authority like everybody else. It is hemmed around with all the Minister’s careful comments—she has been very clear that it would not be used except in certain extreme and specific circumstances. She has laid down some new mechanisms by which we can receive greater comfort about it. I still wonder in my heart whether it is utterly necessary, but, having done all that, it would be preposterous to leave the national parks out. It would be extremely rude to some other excellent local authorities, which will never be affected by the regulations because they, too, do the job as well as a national park.
I hope that my noble friend will resist this elegant, polite, romantic proposal, which the House should not support.
Lord Liddle
I did not intend to intervene in this debate. I normally find myself in agreement with the noble Lord, Lord Deben, on most issues and I greatly respect his record as a supporter of what one might call green policy. However, on this occasion, I speak declaring an interest as a Friend of the Lake District and believing that special circumstances relate to national parks which make them different from other local authorities. I saw this first-hand in my capacity as chairman of Cumbria Vision, the sub-regional body of the North West Development Agency, which was responsible for promoting economic development in Cumbria.
There are two fundamental differences. First, the people who work on national parks go into it with a very strong personal commitment to planning. I found the quality of staff working for the national park authority to be extremely high. That was not true of planning in all the other district councils in the county of Cumbria. I will not name names, but there were some problems there on the planning side. There were not, however, problems with economic development with the national park, which had a very constructive role in sustainable economic development.
The second difference, which is a fundamental difference from a local authority and the question of a Secretary of State’s potential call-in powers, is that with a national park the Secretary of State nominates quite a high proportion of the members of the authority. Therefore, if the Secretary of State believes that the national park is not getting the balance between development and the environment right, he or she can nominate members. That is my simple point. I shall give way.
Lord Deben
I thank the noble Lord for taking the opportunity to find a disagreement between us because we are both singularly embarrassed by the similarity of our views on a whole range of issues, from Europe to planning. However, if what he says is true, would it not be very surprising to get rid of people whose normal attitudes were extremely good but, because of something specific, things had gone wrong? Surely it would be much more sensible for the Secretary of State to be able to deal with this with a precise measure, rather than a sacking. As I understand it, these people are under a contract for a period of time and the Secretary of State would have to wait some time to remove them if they were so wrong. However, I understand from his noble friend that they very rarely get it wrong.
Lord Liddle
In my experience, they very rarely get it wrong. My point was simply that if the Secretary of State felt that the overall balance of the way a national park was operating was not right, there is a remedy available to him or her, which is not the case for a local authority. Anyway, I would urge a special provision for national parks because, on the whole, they are a very precious element of our polity, introduced by the post-war Labour Government, and I do not think we want to tamper with them and their independence.
Baroness Garden of Frognal
My Lords, I remind noble Lords that we are on Report and, under the convention in the Companion, no Member may speak more than once to any amendment.
Lord McKenzie of Luton
My Lords, I speak in favour of Amendment 9 in support of my noble friend Lord Judd, who so effectively and passionately introduced it. He argues for the inclusion of the national parks authorities and the Broads Authority in those organisations that cannot be designated.
A major concern with this Bill is that it will drive down standards—that, because of the focus on timing in the criteria that are to be adopted, planning authorities will be pushed into making less considered decisions, eschewing quality for speed. That is something that runs through our concerns about this clause. As the CPRE states, exempting those particular planning authorities would be a clear recognition that landscape considerations are paramount and that they need not be distorted by the extra pressures that are coming through, as a result of this clause, on the speed of decision-making and, of course, to avoid contesting more difficult appeals.
My noble friend Lord Judd was fantastically supported by my noble friend Lord Liddle, with his direct experience of national parks. I say to the noble Lord, Lord Deben, that the fact that my noble friend’s proposal is romantic should not preclude it from being supported. It can be effective and practical, as my noble friend argued, as well as having romanticism. I would have thought that that is what we want from our national parks.
Baroness Hanham
My Lords, I thank noble Lords for their interesting interventions on this interesting amendment, which we discussed in Committee. I am not going to endear myself to the noble Lord, Lord Judd, by saying that my answer now is the same as it was then. My noble friend Lord Deben said that he can see no reason for excluding national parks from designation just because they are national parks; nor can we. That also applies to the Broads Authority. The reason for keeping them included is that they are planning authorities. If they perform wonderfully and at a standard that I think the noble Lord said they would, this registration will not matter to them at all. It would completely leave them out to carry on doing what they are doing so beautifully. There might be authorities which fall into this category only if, as my noble friend Lord Deben suggested, they do not perform to the designated standard. They would then become involved.
It is important that national parks are served by an effective planning service. That applies just as much to them as to any other area. They are asked from time to time to put in major developments—we call them major if they are of 10 houses or more—and it is absolutely essential that there is within those areas a planning authority that understands what it is doing and makes those decisions carefully. There are some national parks that deal with a relatively small number of major applications, but some do not. The noble Lord, Lord Judd, cited figures, some of which would, I think, fall below the major applications category. I understand that the Lake District made decisions on 31 major applications in the past two financial years, while the New Forest dealt with 23 and the Broads Authority with 18. For those authorities, those are not inconsiderable numbers.
The noble Lord, Lord Judd, asked why national parks and the Broads Authority should not be included among others which had not been designated, such as the Mayor of London and the development corporations. However, these are by and large not normal planning authorities. Certainly, the development corporations get involved to deal with only very big or complex proposals and do not deal on a day-to-day basis with some of the smaller ones.
It is true that other national parks deal with fewer major applications, but the two-year assessment period that we have proposed is designed to even out some of the fluctuations. It is also important to remember that these authorities will be able to enter into planning performance agreements or agree an extension of time where there are issues that will take additional time to resolve, which may be germane only to their particular type of application. There should be no worries that if a national park or the Broads Authority were to be designated, that would result in decisions that pay less regard to their special qualities. If, in these circumstances, an application for major development were to be made to the Secretary of State, the decision would have to be in accordance with the same statutory principles that apply to the designated authority. Indeed, I expect that they would also be able to access the help of the Local Government Association.
In other words, there would be the same legal obligation to make decisions in accordance with the development plan, unless there are material considerations that indicate otherwise. The Secretary of State will also be under a statutory duty to have regard to the purposes for which the national park has been designated in making such decisions. I listened carefully to the noble Lord, Lord Liddle. I am enchanted by the fact that the national parks have such good people, but that is not what this is about. If they have really good people they are making really good decisions, so they are not in any jeopardy of being designated.
I will resist the amendment and hope noble Lords will understand that, as recognised planning authorities, neither the national parks authorities nor the Broads Authority should be exempt. The communities and businesses in their areas deserve the same standards of service on planning as the rest of the country. I hope the noble Lord will withdraw his amendment.
Lord Judd
My Lords, I thank the Minister for the characteristically friendly candour with which she has replied. I am sorry that she has replied in the way that she has at this stage; it is rather disappointing. She referred to the complexity of the issues facing the bodies that appear in the Bill. However, I would argue that what faces a national park authority is every bit as complex, every bit as difficult and sensitive, as what faces these authorities. They are in a very special category in that context because of these wider issues of the inheritance, the special role of the parks and all the rest. Her argument about complexity strengthens the case for the park authorities being in the Bill.
I must say a word about the contribution by the noble Lord, Lord Deben. I take second place to no one in my admiration for the tremendous contribution he has made on a lot of green issues in this country. I really do regard him with some awe for the way he has stood up on a number of issues. This makes it doubly disappointing that he said what he said. Why? First, it is not the first time I have heard, almost word for word, that particular contribution by the noble Lord, Lord Deben, on national parks. I do not suppose it is the last time we will hear it, either. He clearly once had a very bad night with some of the national parks. I am not quite sure what this bad night was and I would value him putting the story straight with me in the bar one night.
I am sorry if he was left wounded for life, but if he is raising the issue that I am falling back on a generic argument when there are specific examples, why does his argument not apply to the Homes and Communities Agency? Why does it not apply to the Mayor of London or to a mayoral development corporation? Why does it not apply to an urban development corporation? Is he really saying there will not be variations there, or moments of good performance at some times and not such good performance at others? I do not understand the logic of his position. If you accept that there will always be variations but that, notwithstanding those, there are some that have such great responsibilities and complex—to use the Minister’s word again—issues to deal with that they have to be in the Bill, then these unique and special parts of our national parks’ life really should be there alongside the others. Not to include them is to demean them.
If it were not for people who refuse to take no for an answer—those right across the political divide in the 1930s and 1940s who kept going with their arguments, belief and purpose in establishing the parks—we would never have had them. I do not give up. I believe in the power of reason, the power of reflection, the power of decency and the civilised values that I know the Minister shares. If I am to withdraw the amendment at this stage, it is in the real hope—not just as a debating formality—that she will go away with her colleagues, look seriously at this issue again and see if there is some way she can bring meaningful reassurances to this House at Third Reading. In the mean time, on that basis, and in thanking those who have spoken to this amendment, not least my own Front Bench, I beg leave to withdraw.
Baroness Hanham
Lord McKenzie of Luton
“( ) The Secretary of State shall arrange for an independent review into the impact of the operation of this section on local authorities to be undertaken at the end of a three year period from the date that this section comes into force, and shall lay a report before each House of Parliament.”
Lord McKenzie of Luton
My Lords, I shall be brief. If Clause 1 stays in the Bill, and we hope that it does not, then there is a need for an independent review of its impact. I acknowledge at the start that the wording of this amendment could be improved, as it should focus not just on the impact on local authorities but on the effectiveness of the planning system as a whole, including from the perspective of developers. However, if necessary we can tidy this at Third Reading.
Clause 1 introduces a significant change into the planning system. Subject to later deliberations, we could be giving the Bill approval without the Government’s clear and definitive position on some key aspects—certainly, their response to the planning performance consultation, although the Minister gave us some glimpses of where the Government are on that. We accept that there are obviously more general opportunities for parliamentary scrutiny, such as the Select Committee, but we assert that this requires an independent review. Will the Minister give us any assurance about what follow-up is planned to the Bill generally, but specifically to Clause 1 and its impact, and whether the Government would support such a review? I beg to move.
Baroness Hanham
My Lords, I have no difficulty with the suggestion that we should keep the implementation and impact of this measure under review, but that is not something for which we need legislation. We set out in the impact assessment that, as usual, we will undertake a post-legislative review of the provisions in the Bill three to five years after Royal Assent. This reflects the Cabinet Office guidance on post-legislative scrutiny, which requires that three to five years after Royal Assent the department must submit a memorandum to the relevant Commons departmental Select Committee, published as a Command Paper. This will include a preliminary assessment of the effects of the Bill. Furthermore, the data on local planning authority performance will be published on a quarterly basis and an annual basis, in line with our commitment to transparency. This will allow anyone with an interest to see how planning authorities are performing and, together with the decisions about dedesignation, it will form a view of the impact that the measure is having. The noble Lord’s amendment is not necessary, as this is certainly something that will be kept under close scrutiny. Under the circumstances, I hope that he will feel able to withdraw his amendment.
Lord McKenzie of Luton
My Lords, I thank the Minister. I anticipated that that was what she might say in response to this amendment. The only thing that I would say about post-legislative scrutiny, which I certainly support as a concept, is that it does not necessarily introduce this independent aspect of the scrutiny. Still, I wanted to get on the record what the Government planned as a follow-up to the Bill, and the Minister has helped us with that. I beg leave to withdraw the amendment.
Baroness Hanham
“62C Notifying parish councils of applications under section 62A(1)
(1) If an application is made to the Secretary of State under section 62A(1) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—
(a) the application, and(b) any alteration to the application accepted by the Secretary of State.(2) Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) of that Schedule.
(3) An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details of requests received by the authority under paragraph 8(1) of Schedule 1.””
Lord McKenzie of Luton
Lord McKenzie of Luton
My Lords, this amendment would remove Clause 1 from the Bill. I acknowledge that the Government have moved a little in agreeing to a parliamentary process of designation of a supposed failing authority, but that does not outweigh the overriding concerns that remain about the clause. The right for developers to bypass the local authority planning process when an authority is designated is a profound one. Not only is it a centralist approach, quite contrary to the espoused localism of the Government, but it breaks a major tenet of our planning system that democratically elected local politicians representing their communities are at the heart of the system.
We accept that not all local planning authorities deliver a top-quality service, no more than do central government. Developers who are frustrated by this have a remedy to go to the Secretary of State for non-determination within fixed deadlines. But we should be mindful of the burden placed on the Planning Inspectorate also by this clause, which already includes the work of the abolished Infrastructure Planning Commission, the examination of local plans and the examination of the draft Community Infrastructure Levy charging schedules.
I am mindful too of the awful budgetary position of many local councils facing major cuts in resources and increasing pressure on services. If local authorities need incentives to encourage development, is that not what the business rate retention scheme was meant to be about and the new homes bonus designed to ensure? Notwithstanding that, there is a proposed basis for having parliamentary oversight; the reality is that designation criteria will be rigid, relating to the number of major applications dealt with and the numbers of major decisions overturned on appeal.
The Government seem to intend that the bar will be raised in subsequent years— this was in the consultation document. This process of designation completely overlooks the fact that timeliness of dealing with applications is not just a matter for the local planning authority. It is influenced by a number of factors: the attitude of the developers, the response times of statutory consultees, the outcome of consultation, the bunching of applications. Although formal and informal agreements with developers to extend the timeframe will be reflected in the designation criteria, it seems there will be room for no other considerations to be taken into account. So it seems that there is no process for making meaningful representations.
The Government line is that designation will apply only to very few authorities, that they will know in good time and can do something about it. But from the Minister’s comments at a meeting the other day, it seems that the numbers are already creeping up and we do not know precisely what the starting or follow-on criteria will be. A parliamentary process helps, but we know full well that statutory instruments cannot be amended. Designation will be counterproductive for an authority which has been through a bad patch and has an improvement plan under way. What are the chances of recruiting experienced quality staff when major applications are likely to head off to the Secretary of State?
The Government should be troubled by what they have heard consistently throughout our deliberations. It is also very clear that there is not strong support from all responses to the consultation. The overriding concern is that, if Clause 1 survives, local planning authorities will be more likely to approve applications with which they would generally not be happy, just to meet a deadline. Quality will be sacrificed for speed and communities will have to live with the long-term consequences. This clause needs to go. I beg to move.
Lord Beecham
My Lords, I endorse my noble friend’s amendment and refer for the third or fourth time to what used to be available to local authorities in the form of planning development grant to improve and sustain the capacity of planning departments, which now, like every other local government department, have come under severe pressure due to increasing financial constraints. Will the Minister turn her mind to capacity and how the Government can assist, possibly by restoring some form of planning development grant? They need to ensure that the necessary staff are available with the necessary skills in order to facilitate the speedy, but thorough, examination of planning applications, which is what she, the Government and the Opposition very much wish to see.
Lord True
My Lords, I am certain that my noble friend will not succumb to the blandishments of the noble Lord, Lord McKenzie. In a way, reluctantly, I have to say that from my feelings at Second Reading, I think that she would be right to resist his temptations. This Bill as it started, as many of us said, was very broadly drafted, and in many areas it threatened to enable a degree of centralism that was unacceptable and went against what this House had recently argued for. I always accepted that there should be some kind of backstop provision on Clause 1. I was not one of those at Second Reading, as I have reminded the House, who opposed it in principle.
The powerful and eloquent arguments of the noble Lord, Lord McKenzie, among many others made in this House, have contributed to changes in this clause, which he was generous enough to acknowledge earlier. After the way in which the Government have moved, it would be strange if we now seek to excise the clause. However, I say to my noble friend from these Benches that we will want to watch carefully, and with a mild degree of scepticism, the way in which this clause may or may not be used in the future. I certainly welcome what she had to say on the previous amendment about keeping the matter under review. I hope that the House will not follow the tempting voice of the noble Lord, Lord McKenzie, into suggesting that this clause, as it has been amended, should go, although there is still much yet in this Bill that needs to be dealt with.
Lord Judd
My Lords, I hope that my noble friend will stand firm. If legislation is important and necessary, it seems to me a first principle that it is important to get it as right, sound and well drafted as possible. I honestly believe that there is room for reflection on how this clause has been drafted. It is full of lurches in administration which are not logically followed through and which introduce contradictions between what is recognised and put on the face of the Bill, and what is not put on the face of the Bill. That is one area of concern.
A much deeper area of concern is the contradictions which this Bill epitomises between the legislation of the Government and their aspirations as put to the people in the general election and at other times. The whole thesis of the Conservative position was that power should be nearer people; that the bodies nearer people should have more authority than they had before; and that there should be distribution of power. Phrases such as “Trust the people” are ringing in my ears. This clause is very central to that.
However, we are moving into an age in which you do not say that ultimately the state has responsibility in a whole range of administration—of course it does —or that we therefore want to enhance and improve the local standards of democracy and the local and more regional ways in which planning and the rest are working. We are moving into an age where the state may say, “We concede that you may be able to get on with the job administratively here but please understand that the real power lies at the centre, and at any point we can intervene and call into the centre the responsibility for what is being done”. How does that add up in terms of the message that was being put to the British people about the belief in the people and the rejection of the concept of overcentralised government? There is a contradiction here. Therefore, I believe that my noble friend was absolutely right to propose the deletion of this clause. I warmly applaud and support him.
Lord Deben
My Lords, I remain uncertain as to the value of this clause but I am clear that the Government, particularly my noble friend, have done a great deal to allay the real and immediate anxieties that we have had. I am sad that the Government put her in this position. The changes that she has made could perfectly well have been part of the Bill in the first place. There are other things in it on which I am not sure that we have yet reached the kind of accommodation that will be necessary if they are not to do serious harm. We shall come to those later.
This is now a better clause after the assurances and changes that have been made. The clause to which the noble Lord, Lord Judd, has jut referred is the clause with which we started. We are not discussing that but one that has been amended and clothed by the explanations and references that the Minister has put before us. I hope that others will recognise the sterling work that she has done to get us into this position and perhaps in future we can be a little more careful about how we produce the Bill in the first place. Many of our discussions could have been prevented, in the proper sense of that word, by more care in its drafting and with thought over how one proceeds in a House with sufficient numbers who do not speak from a party political point of view but who have some experience of how these things work out in practice. I hope that this may serve as a warning and a reminder that Bills carefully prepared at the outset are less likely to take time to pass through.
Lord Tope
My Lords, I am inclined to agree with the noble Lord, Lord Deben, but then to speculate that if that perfect world existed what function would we be left with?
Three months ago I would have had little, probably no, hesitation in joining the noble Lord, Lord McKenzie. When first published, this clause was really the antithesis of localism, which we spend so much time debating. It was clearly centralist and unsatisfactory. Even after some welcome reassurances on Report in the other place, at Second Reading, I still felt that it was unacceptable.
In moving his amendment, the noble Lord, Lord McKenzie, acknowledged that the Minister had moved “a little”, I think his precise words were. That was uncharacteristically ungenerous of him. The Government have moved very substantially on this clause. I have not become an enthusiast for it but I acknowledge that pressure from all sides of this House, some excellent work by the Minister and her colleagues, and other Ministers who have been prepared to listen and hear—to echo my earlier words—have made this clause very much less harmful than it might have been. We have criteria, which will be subject to parliamentary approval, proposed at a very low threshold that, as set now, would catch, if that is the right word, few local planning authorities. We have a process whereby local planning authorities will have good warning of when they are at risk and ample opportunity to improve.
We have heard that that improvement will be sector-led and that the LGA has been in discussions and is prepared to work with local planning authorities at risk and to help them reach the necessary improvements so that they do not become designated. If after all that a local planning authority is performing so badly, it probably deserves to be designated. We are looking at an incentive to improve and not a deterrent to punish. I believe that after the criteria that we have put in place, and the provisos and reassurances that we have had, very few local planning authorities will actually get designated. I understand why the noble Lord, Lord McKenzie, fears that, at least in part, that may in part be because the quality of decision-making is reduced particularly to meet timescales, or, to be less particular, on important issues such as design.
We will have to see, but given how few local planning authorities currently would meet the criteria for designation, I am not too worried about that. If it looks to be the case, we will have to tackle that, but I am not too worried. As I said previously, if at the end of this process the local planning authority is still so bad that it meets the criteria for designation, that may very well be the last resort that has to be taken, but even when we get to designation we should remember that major planning applications will not be required to go PINS; that will be the choice of the developer. The local situation may be so bad that the developer makes that choice, but my guess is that in most cases the developer would still prefer to stay local and stay working with a local planning authority, where by that stage no doubt the relationship would be far from perfect, but there would still be a relationship.
I start to wonder whether this clause—not that it is undesirable—may not be necessary and whether the Planning Minister’s hope and aspiration that it will never be necessary to use it may well come about. Like my noble friends, I have been reassured during the process of the Bill and, perhaps unlike the noble Lord, Lord Deben, I am pleased that we have been able to go through the process, although I would rather not have been in that place in the first place. On that basis, I am prepared to accept the Government’s wish to have this clause as an incentive not a deterrent to encourage those local planning authorities whose performance is far from perfect—and we all acknowledge that they exist—to improve themselves.
Baroness Hanham
My Lords, I think my noble friends Lord True and Lord Tope for their encouraging words and for their recognition of the amount of work that has been done in this House—and we should acknowledge the fact that the House has played a very important part in the changes that we have been able to make in this Bill. I understand that there are still real concerns about it, and the noble Lord, Lord Judd, referred again to localism. This is not an issue of localism but of ensuring that local people get a proper planning service and that local developers get a proper result from the applications that they put forward.
This is not a measure that we take lightly. It is something that we are very serious about because we believe it to be both necessary and appropriate. We are very clear—and I want to emphasise this—that planning decisions should continue to be made locally wherever possible but, as I have emphasised throughout our discussions on this clause, we should be prepared to act where standards have fallen to a wholly unacceptable level. Noble Lords will agree that the criteria that they are working to at the moment would constitute being at a wholly unacceptable level. That is no different from the approach that previous Administrations have taken, and I have pointed out how the criteria were adopted by schools, hospitals and other services under previous Governments. We should be prepared to do the same for planning, not least because of the role that it plays in supporting growth as well as being an important community service in its own right.
We listened carefully to the arguments made in Committee, and the amendments that we have brought forward put beyond doubt that this measure can be used only where it is clear that performance is inadequate and that the ability to apply directly to the Secretary of State will be open only to those seeking approval for major development. We have defined that, too. As my noble friend Lord Deben said, the choice of where this application is heard will still be in the hands of the developers; it is their option to go to the Planning Inspectorate if they are not happy having the application heard by a designated council, but they do not have to. They can leave the application and have it heard in the normal way by the council, if that is their choice. I agree, too, that some developers work very closely in particular areas and therefore have a relationship that is wholly proper with their local authorities.
I also indicated that Parliament will have the opportunity to consider again the criteria for designating authorities before they are finalised and before any changes are made to them in future, if they are to be made. By using transparent criteria, with data published on a regular basis, planning authorities will be clear about whether their performance needs to improve to avoid designation, and through the support package that we have been discussing with the LGA we hope and expect that the number of designations in future will be very limited indeed.
Of course, we also anticipate that the mere existence of this measure will encourage timely and well considered decisions by planning authorities and so avoid the need for designations. I do not accept the argument that local authorities will now rush around trying to get planning decisions through in 13 weeks to escape or grind up slightly from the percentage that might hit the criteria. We have made it clear that they do not need to rush; they need to make a very focused effort on plans. If there are reasons why the planning applications cannot go forward in the normal timescale, then the planning agreement signed and agreed between the local authority and the developer will be recognised as the reason why it has taken longer than normal.
For those authorities that are designated, we are clear that we are not removing any powers from them in any way. The Secretary of State is intervening in only a very marginal area.
The noble Lord, Lord Beecham, referred to the planning and development grant. I point out to him, as I am sure he knows, that planning fees have increased by 15%, and there has been an extra contribution to local authorities from that point of view.
I believe that this clause remains a necessary measure, albeit one of last resort. We have put beyond doubt how it may be used, and thought carefully about an approach to assessing performance that is fair, transparent and minimises any risk of perverse outcomes. My noble friends Lord True, Lord Tope, Lord Deben and Lord Judd—well, the noble Lord, Lord Judd, is a friend, but not in this instance—have underlined what I have been saying. There is a need for this, however limited the need may be. I ask the noble Lord, Lord McKenzie, to withdraw his amendment; if he does not and he presses it to a Division, I ask the House to reject it.
Lord McKenzie of Luton
My Lords, I thank all noble Lords who have participated in the discussion and thank my noble friends Lord Judd and Lord Beecham for their strong support for the amendment.
What surprises me somewhat is the view that people have taken that the clause is now so dramatically different from what it was at Second Reading, when pretty much everyone who spoke in the debate would have preferred to see it out of the Bill. Along the way, I should say that at no stage would I have it said that I had not recognised the important work that the Minister has done on this Bill, and will continue to do.
Let us look at the position. The noble Lord, Lord Tope, said that he thought that the Planning Minister would believe or hope that this provision would not affect anyone at all. At a meeting just the other day that the Minister organised, he said that the number likely to be caught had gone up and that it could be as many as 20. The criteria that are promulgated—we do not yet know what the final criteria will be—have not changed since Second Reading. The 20% and 30% criteria have been consulted on.
The noble Lord, Lord Tope, said that if local authorities are so bad, they deserve what comes their way. It depends how you judge “so bad”. Part of the challenge that we have is that the criteria are not necessarily a fair determinant of poor performance because so many other factors influence the timing of approvals and the planning process. If you look at what has changed since Second Reading when people were so unhappy with this clause, you will see that we have the term “major development” in the clause but, at the start of our consideration of the Bill here, the position was always that major developments would be caught by this and that was very clear from debate in the other place. The criteria that were promulgated at that stage have not changed.
We have a parliamentary process but, frankly, the negative procedure is the weakest parliamentary process you can have. We know full well that it is not really possible to change those regulations once they come into force. We also know that the Government are seeking to tighten those criteria in the future. They have consulted on that, although we do not know the extent to which that tightening will take place. It seems to me that very little has moved on this clause that is positive. I accept that there have been assurances around sector support, but even that was promulgated around a concept at the time when we debated this at Second Reading. From my perspective, very little has changed in practice on this clause since the Bill arrived in your Lordships’ House. I hear what noble Lords on opposite Benches have said. I am sorry that I have not been able to persuade those who have spoken, but I wish to test the opinion of the House.
Lord Ahmad of Wimbledon
Lord Ahmad of Wimbledon
“Local development orders: repeal of pre-adoption intervention powers
(1) The Town and Country Planning Act 1990 is amended as follows.
(2) Section 61B(1) to (7) (Secretary of State or Welsh Ministers may call in unadopted local development order for approval or may direct that it be modified) cease to apply in relation to England.
(3) Accordingly—
(a) in section 61B(1) (power to call in unadopted order) after “local planning authority” insert “in Wales,”, and(b) in section 61B(6) (power to direct that unadopted order be modified) after “local development order” insert “being prepared by a local planning authority in Wales”.(4) In section 61B, after subsection (7) insert—
“(7A) Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order’s adoption as is reasonably practicable.”
(5) In paragraph 1 of Schedule 4A (power to specify procedure for preparing local development orders) after sub-paragraph (2) insert—
“(2A) Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “adoption, post-adoption submission,”.”
(6) In Schedule 4A omit—
(a) paragraph 4 (information about local development orders to be included in English planning authorities’ monitoring reports under section 35 of the Planning and Compulsory Purchase Act 2004), and(b) in paragraph 1(3), the words “35 or”.”
Lord Ahmad of Wimbledon
My Lords, during the debate in Committee on permitted development rights, a subject to which we shall return on day two on Report, concerns were expressed about the operation of local development orders. In response to those concerns we have brought forward changes to the Town and Country Planning Act 1990 by proposing the introduction of a new clause to the Bill in respect of the operation of the powers in England. These are matters which are devolved in respect of Wales.
The new clause removes current powers for the Secretary of State to intervene in and approve local development orders and for local planning authorities to report on them in England. This will mean local authorities will be able to consult on and make a local development order without the need to send a copy to the Secretary of State for his consideration and approval. Similarly, an authority will not have to report on the effectiveness of the order. Instead the local authority will just have to send a copy of the order to the Secretary of State once adopted.
Lord McKenzie of Luton
“(1A) This section only applies in relation to English planning obligations agreed prior to Royal Assent.”
Lord McKenzie of Luton
My Lords, the intent of the amendment would be to restrict the application of the provisions relating to modification or discharge of affordable housing requirements to those that were agreed prior to Royal Assent. That amendment was tabled by the noble Lord, Lord Best, in Committee, and I am delighted that he has added his name to it today. I should make it clear that this is not an attempt to usurp his role in this; nobody knows the issues better than the noble Lord, but I was not sure whether he would bring it back.
If these provisions concerning renegotiation of Section 106 agreements are not to be removed from the Bill, they must be constrained. We will come on to sunset clauses shortly, but we should note that the Government’s proposition is only one small step from where the Bill now stands. In Committee, we acknowledged the significant contribution that Section 106 agreements have made to this country’s need for affordable housing. We have noted that local authorities have existing powers to renegotiate Section 106 agreements and that many are using these. We remain sceptical about the need for these new powers. However, notwithstanding these concerns, on the basis of the Government’s own logic, there is no need for the rights in the Bill to carry on for ever. If the rationale for Clause 6 is that developers entered into Section 106 affordable housing obligations when economic times were better, is it the Government’s position that things will continue to get worse?
If the clause is to be brought to an end in three years, unless the Government are expecting a further downturn in this period, it should not stand in its current form. When we debated this in Committee, the Government argued that there was continuing uncertainty in the market. That may be the case, but presumably the Minister is not arguing for a risk-free platform for developers. Clause 6 was, we understand, supposed to address the substantial change in market circumstances fuelled by the global financial crisis of 2008. Applicants should not agree to Section 106 agreements that they consider will render their development unviable. The use of viability appraisals in negotiations is becoming increasingly common.
We have added our names to Amendment 28 which, as we have heard, would introduce a sunset clause bringing to an end the provisions relating to the modification of affordable housing obligations after three years. Given that very new affordable housing requirements are unlikely to be able to make successful applications, this would generally mean a practical cut-off point of obligations entered into by about 2014. So far as the Government’s version of a sunset clause is concerned, this does not move us much further than the Bill, which already gives the power to the Secretary of State by order to repeal Sections 106BA and 106BB of the Town and Country Planning Act 1990. The Government’s version of a sunset clause, while repealing those sections at the end of April 2016, also gives the power to the Secretary of State by order to substitute a later date. In effect, there is no clear end date to these provisions. Therefore, we will look to the Government to explain in detail, when they speak to these provisions, why the firm date of April 2016 is not sufficient. If we are not satisfied, we reserve the right to return to this matter at Third Reading. I beg to move.
Lord Best
My Lords, I have added my name to Amendment 22, which was prepared by the Local Government Association. I am grateful to the noble Lord, Lord McKenzie, for introducing this amendment and explaining its purpose and value. My overarching concern is that the intention of Clause 6, which is to see stalled development up and running swiftly, will not materialise without substantial changes to this clause. Indeed, the knowledge that central government may overrule legal agreements between local government and house builders may encourage exactly the wrong response from some elements in the housebuilding industry, and this measure could backfire.
The Clause 6 procedure offers relief for house builders where they have paid too much for a site and now wish to be excused from their obligations to provide affordable housing. Amendment 22 would mean that only agreements already made could be addressed by going down this Clause 6 route. The practice of developers speculatively outbidding others—including housing associations keen to buy a site and fulfil the affordable housing obligations on it—would not be perpetuated into the future. It would no longer be possible for developers to say, “Let us gamble on house prices rising, but if they do not do so, we can go to the Planning Inspectorate and secure a release from our Section 106 agreement”.
In my most charitable moments, I can feel some sympathy for the small builder who is unable to work on a swings-and-roundabouts basis of some highly profitable and some less profitable site purchases and who unwisely paid too much for a site at the height of the boom some four years ago. The bigger house builders are currently doing very well. Persimmon and Bovis have just reported huge increases in profits of more than 50% and more than 60% respectively. Some smaller developers, however, may have been caught out in 2008 or 2009, thinking house prices would rise inexorably when they have been pretty flat outside London and the hot spots. Nevertheless, surely we do not want to encourage continuing speculation on the basis that, from now on, the state will bail out those who bite off more than they can chew. Any developer entering into a Section 106 negotiation at the current time is clearly doing so with their eyes open to the economic realities of the day. These negotiations make use of viability appraisals and the signal must go out to house builders that they can no longer sign agreements in the expectation that they will not really be necessary to honour those agreements because central government’s planning inspectors will set aside their obligations if the developers can show that they will not make a profit of 20% or so.
This amendment draws a line under state intervention in these Section 106 agreements from the date that the Bill becomes an Act. I strongly support it. Alternative amendments for a sunset clause three years hence seem to miss the point. It is now that we want people to get busy and get started on sites that they own and are currently stalled. Every time a local agreement to produce more affordable housing is set aside, households on low incomes waiting for a home are forced to wait longer. We should ensure that this happens on only the rarest occasions. I strongly support an amendment that would stop the perpetuation of the opportunity for developers to renege on agreements that they have signed with local authorities from henceforth.
Lord Shipley
My Lords, I will speak to Amendment 28. I strongly support Amendment 22 and the principle behind it that only planning obligations agreed prior to Royal Assent should be included in the Bill. Amendment 28 is a sunset clause, and the Government have, through their own Amendment 32, accepted the principles of this. Our view is that no applications should be made under this section three years after its coming into effect. I accept that there may be a case to give power to renew or extend a subsection if economic circumstances demand it. However, I am not convinced that it should be open-ended and effectively give a power to the Secretary of State to extend it for as long as he would wish it to be extended. I am seeking from the Minister some clarification as to what the Government’s intention actually is with their Amendment 32.
I will be very precise about the questions to which I think the House should seek to secure answers. It would be helpful if the Minister could refine her amendment at Third Reading, so that any extension to the time limit should be for no more than two years from the date it is proposed. That would have to be before April 2016, so it would give an absolute time limit of five years. Secondly, would the Minister commit to presenting a report to both Houses before bringing forward regulations to extend that time limit? Would the Minister also commit to consulting with social housing providers and others prior to presenting that report, in order to inform its contents? Thirdly, will the Minister also commit to accepting the will of both Houses in any vote to extend the time limit?
The Government should still look to extend Clause 6 to include the full range of planning obligations. Not only would this challenge any perception that the Government viewed affordable housing as of secondary importance in planning terms; but if other obligations are causing the delay, that could remove significant impediments to that development. We will have a chance in a further amendment to look at that a little more closely, but I remain concerned that the Government’s amendment is too open-ended.
Baroness Hanham
My Lords, I should like to explain the purpose and operation of the sun-setting amendment, Amendment 32, in my name in this group. After careful consideration of the concerns expressed by noble Lords in Committee, the amendment we propose sunsets Clause 6 on 30 April 2016 unless an affirmative order is made for it to continue.
Until I heard them speak, I thought that this addressed the amendment proposed by the noble Lords, Lord Shipley, Lord McKenzie and Lord Tope, and the recommendations of the Delegated Powers and Regulatory Reform Committee. As I made clear in Committee, the clause is targeted at helping development to get under way on sites that are being stalled because of the current economic conditions. We believe it is essential to allow for a review of schemes where this could bring development back into viability. This would deliver more private and affordable homes than would otherwise come forward.
The clause already contains a power for the Secretary of State to switch it off by order, reflecting our underlying thinking that this is about addressing current uncertainties. However, we have listened carefully to the arguments that we should define this more precisely. Arguments have been made that the clause should reflect the current uncertainty in the property market and that we should insert a date when the operation of the clause will cease. We have therefore set the sunset date for 30 April 2016. That is based on the forecast from the Office for Budget Responsibility that shows that investment in housing is expected to stabilise in 2016. I accept what the noble Lord, Lord Best, said; there is evidence that some of that housing is beginning to move, which is very welcome. This is reinforced by evidence from the Centre for Economics and Business Research, which expects house prices to return to pre-recession levels in 2016.
The amendment will send a clear message to local authorities and house builders to review their schemes where affordable housing viability is an issue. None of us can be certain about the future of the property market—forecasts are not guarantees—and therefore we have taken a sensible and pragmatic power to extend this date by order should that prove necessary.
The amendments to Clause 28 will require the order to be made through the affirmative procedure and both Houses will have an opportunity to vote. So there is a commitment for it to come back to this House if necessary. Although the amendment does not limit the time period for any future extension, I fully anticipate that this would be for a limited time justified by prevailing market conditions. In taking this approach, we have again followed the suggestion of the Delegated Powers and Regulatory Reform Committee when it commented on the Bill ahead of Committee. The amendment also includes a separate power to make transitional or transitory provisions related to the sunset of the clause by order.
Turning to the amendment tabled by the noble Lords, Lord McKenzie and Lord Best, this would allow only affordable housing obligations in place at the time of Royal Assent to be challenged on the grounds of viability. As I said in Committee, we are still not in a position of stability in the market and, therefore, applying such a limited amendment would not be helpful.
I also provided evidence in Committee from the Office for Budget Responsibility which indicated varied performance across the country. House price growth remains subdued across much of the United Kingdom, and it is widely varied. The recently announced 2.5% house price increase in England was driven by a 5% rise in London and a 3% increase in the south-east. However, in other parts of the country there is a wide variation in house price growth. I said earlier that the forecast of the Office for Budget Responsibility shows house price growth stabilising at 4% by 2016-17.
Concerns have been expressed that a developer could agree a Section 106 next year knowing that he could apply to renegotiate it. If the local planning authority has taken account of local economic realities and negotiates a fair and viable agreement, it is likely that there will be no case for reopening the agreement within the short-to-medium term and a developer would not have viability evidence with which to be successful on appeal. The amendments do not make allowance for current market uncertainties. We believe that we need three years for the housing construction market to stabilise. We wish to allow opportunities for scheme viability to be reviewed, even for those which may come forward after the Bill is given Royal Assent.
Amendments 51 and 52 are minor government amendments which make changes to Schedule 2. They seek to change the numbering of an existing amendment to Schedule 6 of the Town and Country Planning Act 1990. With that explanation for those amendments, and given what I have said about the reasons for the Government’s time-limit on the sunset clause, I hope the noble Lord will withdraw his amendment.
Lord McKenzie of Luton
My Lords, I thank the Minister for her response. I also thank the noble Lord, Lord Best, for his support and for properly and effectively explaining Amendment 22, and the noble Lord, Lord Shipley, for his tacit support.
The Government’s response to this is that unless you have certainty in the housing market you must always have the provision currently contained in the Bill. One might accept that argument where there has been particular turmoil in the financial markets—as was occasioned in 2008 when obligations were entered into and the market changed dramatically—but why should there now be this ongoing facility for people who can make a judgment as to what is happening in the market? Yes, there will be some uncertainty—there are always uncertainties in markets—but there is no substantial reason to prolong this opportunity. A cut-off of those things which will have happened by the time this Bill comes into effect is entirely reasonable. In fact, it could be argued that the cut-off should be earlier than that. Indeed, the changes that the Government are making to the regulations generally about affordable obligations go back only to April 2010, so that might be even more restrictive than the amendment allows for.
As to the sunset clause, it cannot be much of a sunset clause if it can be renewed endlessly. There is no certainty as to when its provisions will be brought to an end. I am inclined to support the view of the noble Lord, Lord Shipley, that we will look to the Minister to come back with something more definitive on Third Reading. If the Minister is not able to do so, we will look to amend it because this is, quite rightly, open business. We are dealing with new business tonight which has a continuing uncertainty.
As to Amendment 22, we have not heard a convincing reason why we should not press the amendment, and I seek the view of the House.
Lord Shipley
“(2A) An authority can only make a determination in accordance with subsection (3)(a) if it is satisfied, having regard to the development plan, that modifications to planning obligations other than the affordable housing requirements affecting the development or a reduction in the level of the community infrastructure levy payable would not be more appropriate.”
Lord Shipley
My Lords, I declare my vice-presidency of the Local Government Association.
This amendment is designed to assess why only the affordable housing element of a stalled development should be considered. To make a stalled development economically viable, it is important to look at the full range of planning obligations, not just affordable housing. Sometimes it might be sensible to vary affordable housing obligations, but at other times other matters, such as the scale of highway contributions or a developer’s community infrastructure levy liability, might have a greater impact on a development’s viability. This approach would reflect the Government’s desire to ensure that planning applications are not acting as a barrier to new development and would give much greater flexibility to planning authorities in their negotiations with developers.
I have read carefully the draft viability guidance on Section 106 affordable housing requirements. It says that the application and appeal process will assess the viability of affordable housing requirements only. It will not reopen any other planning policy considerations or review the merits of the permitted scheme. I believe it is very clear that only affordable housing requirements could be subject to negotiation.
However, it also says at a later point in the draft that the timing and level of off-site contributions may also be considered. Will the Minister define an off-site contribution? I take it to be something broader than simply the affordable housing requirement and might actually include the community infrastructure levy. I would like clarification of that because later in the draft viability guidance it says that the relevant sections, Sections 106BA and 106BB, do not provide an opportunity to reopen policy considerations or requirements for planning obligations other than for affordable housing. Again, the matter is clear. Therefore I am left wondering what an off-site contribution actually is, as presumably the affordable housing is on site.
It seems to me to be common sense that local planning authorities should be given the capability to consider other planning obligations as part of a Section 106 agreement beyond simply the affordable housing component. It could be that if there were a successful negotiation on those other matters, it would enable more affordable housing to be built as a consequence. For the reassurance of the Minister, I had not planned to move this to a vote, but I believe that the issue ought to be explored so that we have clarification of what is actually intended and why the Government feel that they cannot permit other planning obligations to be part of the consideration of the renegotiation of a Section 106 agreement. I beg to move.
Lord Jenkin of Roding
My noble friend Lord Shipley has raised an interesting issue, which has been raised at earlier stages, as to why only affordable housing is able to be renegotiated. He has also added to his amendment the question of the community infrastructure levy. Bearing in the mind the main purpose of the CIL, I would question whether that would be an appropriate reduction to seek. The CIL is after all intended to provide local authorities with the resources to pay for some of the infrastructure that would be necessary to support the housing requirements. It is true that affordable housing does not attract the CIL, but the rest of the housing development would. If one is going to have a community infrastructure levy, I would be very reluctant to see that negotiated down on the grounds of the developer saying that their scheme is not viable.
We have not had a full explanation of why only affordable housing is able to be renegotiated, because there may well be other obligations. I, too, read the sentence in the guidance about the other “off-site” obligations and I was not quite sure what that meant. When I first read it, I thought that it meant off-site affordable housing, but affordable housing is often not immediately on the same site as the rest of the development; it can be on a different site, so I do not think that that is what it means. I would welcome an explanation from my noble friend on the Front Bench as to what is involved. Hitherto, I have wholly supported the idea of renegotiation. Indeed, it has been the main burden of complaint of developers that they have agreed in different circumstances to affordable housing obligations and that it is that which makes their development unviable. That is why there has been, as was referred to earlier, a lot of negotiation going on with local authorities anyway. However, I am not aware of any local authorities which have negotiated reductions in other planning requirements that may have been necessary.
The draft affordable housing requirements guidance states:
“Timing and level of off-site contributions may also be considered”.
What does that refer to? I think that I took the guidance off my computer this morning, so it has come just in time. I would be very much against seeking to renegotiate downwards the community infrastructure levy.
Lord McKenzie of Luton
My Lords, we received the draft viability guidance late last night, which was not particularly helpful for discussions that we were going to have this evening. I just put it on record that if, when we have had chance to study the guidance, we found particular issues relating to the Bill, we would reserve the right to pick them up at Third Reading. That should not be precluded given the lateness of the availability of that quite important information.
The noble Lord, Lord Shipley, has raised an important question as to why affordable housing should take all the strain to deal with viability. The amendment does not seem necessarily to preclude an appeal to the Secretary of State and what the Secretary of State would do in those circumstances, but that is a drafting point perhaps for another occasion.
Perhaps the Minister might cover in her response the relationship between the Bill and the updated regulations, which I think come into effect tomorrow and deal generally with the right to renegotiate Section 106 obligations, affordable housing and the rest. That would now be done within a three-year period, which I think is the thrust of those regulations. It would be helpful if that could be put in context.
I have been concerned throughout consideration of this Bill that affordable housing is asked to take the strain if a site is not viable. There are broader considerations which should come into play.
Baroness Hanham
My Lords, I think that it is explanations that are asked for rather than anything else. I was asked what “off-site” provision was. It is exactly what it says. As noble Lords will know, when an obligation is entered into for affordable housing, in many cases that affordable housing is not on the main development site but is being provided elsewhere. All the guidance says is that any affordable housing that is not on the particular site can be taken into account. I hope that explains that. We discussed this quite a bit in Committee but it should be quite clear that this clause relates only to affordable housing. That is the only element that we are seeking to address within this Bill.
Local authorities can voluntarily renegotiate Section 106 agreements already. Under the regulations that have just been laid, they can be required to look at the whole aspect. Often the affordable housing is quite a large aspect of the development obligations and it therefore makes sense not to go through the whole galaxy of the Section 106 review, but to take account of the affordable housing and go through a quicker process.
This is, of course, taken into account against the background of the development plan and has to be reviewed under those provisions together with what was taken into account when planning consent was granted in the first place. The development plans include policies for the delivery of affordable housing to meet local needs. These policies are usually applied in the context of individual site viability. The effect of the clause is to help to deliver these policies by bringing forward viable development; it does not require a revisiting of the plan policies.
The noble Lord, Lord McKenzie, made, I think, a moderate complaint about the fact that the proposals for establishing viability appeared only last night. I recognise that and I apologise that they were rather late. However, they are not very detailed and I think anyone with a lunchtime would have had an opportunity to read them. However, lunchtime does not exist in my life and maybe not in other noble Lords’ lives either, so I understand the noble Lord’s point.
The obligations that we are discussing were probably agreed at the time of the property boom and before the statutory tests for Section 106 were introduced in April 2010. Before then there was no statutory requirement to ensure that obligations were,
“necessary to make the development acceptable in planning terms”.
Therefore, there may be capacity to revisit a range of obligations that were required before the tests were in place.
A full review of all aspects of an agreement could be costly and time-consuming for both parties. We wanted a streamlined review process as a backstop whereby viability is an issue. Affordable housing obligations are often the most expensive element of the Section 106 agreement and are agreed subject to viability. Research from 2007-08 found that about 50% of all planning obligations were for affordable housing so this is quite a significant area. That is why we have focused on only the affordable housing element of a Section 106 agreement in the Bill. For obligations agreed since April 2010, the statutory tests should ensure that the local authority can require only those items that are,
“necessary to make the development acceptable in planning terms”.
Our approach will safeguard essential mitigation measures, such as transport, open space and education provision, which are required for the scheme to go ahead, and would be part of the overall Section 106 agreement but would probably take a great deal longer to negotiate. To open up the clause to these other obligations would add complexity to the review and could make the development unacceptable in planning terms.
I turn now to community infrastructure levy payments, which I am not sure the noble Lord, Lord Shipley, mentioned but my noble friend Lord Jenkin did. It is not very helpful to bring them into consideration here. The community infrastructure levy is non-negotiable so it cannot be taken into account as it cannot be renegotiated. The levy is up front—developers know what they will have to pay and it is predictable. It is set at the local level in accordance with local viability. Local authorities do not have discretion to waive or reduce the community infrastructure levy once the payments are set. The regulations make provision for exceptional circumstance relief but only subject to very strict criteria.
With those explanations and going back to the indication that this clause relates only to affordable housing in this Bill, that Section 106 agreements can be renegotiated voluntarily and that the regulations for post-2010 are now in place, I hope noble Lords will realise that there is a package here and will not press their amendments.
Lord Shipley
My Lords, I thank the Minister for her reply and for her explanation. I am sure that we share the aim of wanting to build more affordable housing. In accepting the Minister’s assurances about the Government’s desire to get housebuilding on-site, I beg leave to withdraw the amendment.
Lord Ahmad of Wimbledon
(a) ”
Lord Ahmad of Wimbledon
My Lords, these amendments set out procedural steps to reflect the existing mayoral planning powers on applications of strategic importance in London. They are therefore in line with the amendment tabled by my noble friend Lord Tope and supported by my noble friend Lord Jenkin and the noble Baroness, Lady Valentine, in Committee.
We are proposing that the mayor should be notified of applications under Section 106BA relating to planning consents on which he was formally consulted, and that he should have the right to submit evidence on the viability of to those applications if he wishes. To ensure that decisions are made in a timely manner, we have set tight timescales for the Mayor of London to notify and submit representations to the authority. The mayor will have seven days from the day the application was received by the authority to notify it of whether he wants to make representations. The mayor will then have 14 days from the day the application was received by the authority to submit representations, or such other time as agreed between the authority and the applicant. The local planning authority will have an additional seven days to determine any application to which this amendment applies. That is to reflect the additional time needed to work with the Greater London Authority. I hope noble Lords will welcome the amendments we are proposing and I beg to move.
Lord McKenzie of Luton
(8A) Regulations under subsection (8) shall be in the form of a statutory instrument and shall not be made unless a draft of them has been laid before and approved by both Houses of Parliament.”
Lord McKenzie of Luton
My Lords, I turn again to the tardiness of the criteria. The noble Baroness may have been able to look at them over lunch; I was dealing with the consultation responses, which arrived on my desk this morning. Having said that, we need to study the guidance and reserve our right to deal with any residual issues on Report. I was not going to move this amendment, but I did not want to leave hanging the two important amendments tabled by the noble Lord, Lord Best. The purpose of Amendment 25 is to say that it should not just be left to guidance; there should be a process and a statutory instrument that deals with viability issues, given its importance. I will be happy to reserve judgment on that once I have had the opportunity to study in detail what was issued to us late last night. On that basis, I beg to move.
Baroness Hanham
My Lords, I apologise. I always manage to do this once, sometimes more than once. Perhaps we can rest a moment before we hear from the noble Lord, Lord Best.
Amendment 25, in the name of the noble Lord, Lord McKenzie, which I have noted but which I shall say more about, requires local authorities to have regard to regulations setting out how viability will be assessed. Those regulations are to be subject to consultation and the affirmative procedure. I hear what the noble Lord says about returning to this at Third Reading, but in the mean time it might be helpful if I just go through where we are.
The draft viability guidance has been circulated to assist the House’s understanding of how developers, local authorities and the Planning Inspectorate will approach the new process. It is an early draft, and we intend to discuss it further with professional bodies and interested groups before a final version is issued on Royal Assent.
Noble Lords will see that the basic principle of the guidance is that it works with existing industry practice on assessment of viability. It strongly encourages developers to use the same methodology and basic assumptions as in their original assessment and to focus on what has changed. A number of technical questions have been raised on the draft viability guidance. If it would be helpful to noble Lords, I am happy to have a meeting between now and Third Reading to hear views and see whether we can resolve, or at least discuss, some of the issues.
There is a good deal of technical information in the draft guidance, which needs to be kept under review. Using secondary legislation would not allow the flexibility to adapt to changing circumstances and data that statutory guidance offers.
Noble Lords will recall that the legislation for the community infrastructure levy, introduced under the previous Government, makes provision for statutory guidance. That covers the assessment of viability for the purposes of setting the levy. It is a model that allows for the required flexibility and is one that we intend to follow.
I hope that, with that reassurance, the noble Lord will withdraw his amendment, even if only for the moment.
Lord McKenzie of Luton
I am grateful to the Minister for that reply. I certainly propose to withdraw the amendment. I am grateful for the offer of a meeting between now and Third Reading to have at least some chance to discuss the draft guidance. I hang on to the point that, as the noble Baroness said, this is an early draft that gives us no further formal opportunity for input. The criteria will be central to the operation of the provisions. Perhaps that is a matter for Third Reading, but I would be very interested in taking up the offer of a session before then on what detail is available. I beg leave to withdraw the amendment.
Baroness Hanham
(b) where the determination relates to an application to which section 106BAA applies, any representations made by the Mayor of London in accordance with that section.”
Baroness Hanham
“106BAA Duty to notify the Mayor of London of certain applications under section 106BA
(1) This section applies to an application under section 106BA(2) in relation to a planning obligation where—
(a) the application for the planning permission to which the planning obligation relates was an application to which section 2A applied (applications of potential strategic importance relating to land in Greater London),(b) the application for planning permission was not determined by the Mayor of London, and(c) pursuant to an order under section 2A or a development order, the local planning authority that determined the application for planning permission was required to consult the Mayor of London in relation to that determination.(2) A local planning authority that receives an application to which this section applies must send a copy of the application to the Mayor of London before the end of the next working day following the day on which the application was received.
In this subsection, “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.(3) The Mayor of London must notify the local planning authority before the end of the period of 7 days beginning with the day on which the application was received by the authority whether the Mayor intends to make representations about the application.
(4) Where pursuant to subsection (3) the Mayor of London notifies the local planning authority that the Mayor intends to make representations, those representations must be made before—
(a) the end of the period of 14 days beginning with the day on which the application was received by the authority, or(b) the end of such longer period as may be agreed in writing between the local planning authority and the Mayor.(5) Where this section applies, section 106BA(9)(b) applies as if it required an authority to give notice of their determination to an applicant within—
(a) the period of 35 days beginning with the day on which the application was received by the authority, or (b) such longer period as is agreed in writing between the applicant and the authority.”
“( ) the modifications necessary to ensure that if the market value of the development has increased over that predicted before the first application under section 106BA in relation to the obligation, the developer will pay a contribution proportionate to the increase in value to the local planning authority, solely for the purpose of providing local affordable housing linked to the development plan for the area.”
Lord Best
My Lords, I shall speak to Amendments 30, 31 and 35. I preface my remarks by thanking the Minister for a really helpful and lengthy meeting at which a number of my earlier amendments were discussed. On the basis of that discussion, I have dropped three of my amendments, either because I have better understood where the Government were coming from or because I noticed some modest amendments along the way. I was extremely grateful for that more than helpful discussion.
Amendments 30, 31 and 35 all address the hazards in Clause 6 and are intended to ensure that the clause achieves what the Government intend: to get developers on site and building new homes as a quid pro quo for being able to increase their profits on sites where they have previously signed up to obligations to allocate some homes for affordable housing.
Amendment 30 would protect the local authority, the taxpayer and the people who need affordable housing from developers being excused from their obligations on the grounds of expected low house prices today but making substantial profits in future when house prices have risen appreciably. The amendment inserts a clawback provision for the local authority to receive payment in kind if values rise more than expected. A highly unsatisfactory outcome from the use of Clause 6 by a developer to secure a reduction in the affordable housing on its site would be for it simply to await house price increases and make a killing later. Then, the developer would see bigger gains in the years ahead, but the whole purpose of the Bill—to get sites developed today—would be thwarted.
When I brought a similar amendment from the LGA before your Lordships in Committee, the proposition was that local authorities should share a proportion of the profit from future sales if they turned out to be at higher levels than had been expected when the deal was considered by the Planning Inspectorate. The revised amendment is intended to address concerns raised by your Lordships that that route would not be appropriate. The new version would ensure that the local authority could claw back only a commuted sum—payment in kind—in the form of finance specifically to replace some or all of the affordable housing in the original planning obligation, probably to build offsite. That seems entirely reasonable and I hope that the revised amendment will be acceptable to Ministers.
Amendment 31 takes the story forward. It is intended to address the situation where, after a Clause 6 negotiation has reduced the previous requirement for affordable housing, the developer does not, as the Government hope, start swiftly on site but instead awaits the moment when the market is more favourable and prices are higher. The primary reason why sites are stalled is the reluctance of housebuilders to press forward with developments of homes for sale because the local market is sluggish and, if they build too quickly, it will be impossible to achieve the prices they desire.
Even if they are allowed to produce fewer affordable homes—homes which are usually transferred to a housing association for rent or shared ownership—the market for outright sales will remain the same, and the housebuilder may well prefer to await an upturn rather than, despite the earnest hopes of the Government, getting going with the building work which is so badly needed. Amendment 31 would compel the developer to commence construction within six months if it receives a favourable outcome from invoking the provisions of Clause 6 and secures a reduction in its legal obligation.
That is a fundamental point. Unless there is a benefit to society in the form of a rapid start on site, most people would surely ask why the state should be intervening retrospectively to overrule a legal agreement between a local council and a housebuilder simply to increase the profits of the latter. Why should central Government step in when a speculative land purchase now means that a development is not as profitable as the housebuilder had hoped? After all, no one has suggested that local authorities should pursue housebuilders for an increase in the quota of affordable housing when, a year or two after an agreement was signed, house prices rise dramatically, as they did a few years ago, when unexpectedly high profits were made.
If the developer is able to negotiate a reduction in their Section 106 obligations, they will raise the value of the site without laying a single brick. Amendment 31 is intended to overcome this major defect in Clause 6 and require housebuilders to commence construction within six months if they receive a favourable outcome from their appeal. If the Planning Inspectorate has found the development would not have been profitable because of the level of affordable housing required and has reduced that level accordingly, there should be no good reason why the developer should continue to sit on their planning approval. Instead of being accused of land banking, they should then start delivering the homes the UK so badly needs.
Finally, Amendment 35 puts the finishing touches to these proposed changes to Clause 6 by raising the threshold of what defines commencement of development on site. Planning permissions do not last indefinitely, and in considering whether to extend a permission or allow it to expire, a local authority considers whether the developer has commenced development, defined as a “material operation” in Section 56 of the Town and Country Planning Act 1990. The Act sets out what a developer has to do on site to implement a planning permission. The physical works that make up a “material operation” can be relatively minimal when compared with the totality of the development— for example, digging a trench or starting to lay a road. Case law is clear that it does not matter if the developer carries out those works simply to keep the planning permission alive, rather than with a genuine intention to complete the development. If developers have to start within six months, but simply dig a ditch, Amendment 31 has not taken us forward.
I moved an amendment in Committee to enable local authorities and developers to agree at the outset what the definition of commencement would be. The Minister’s response, which I fully understand, was that this would create a postcode lottery, with every council doing things differently. The problem might be countered with non-statutory guidance on best practice. However, in recognition of ministerial concerns, I am now suggesting an amendment that raises the threshold of what is defined as commencement. This amendment would alter the current definition of what constitutes a “material operation”. It would require a certain percentage of, for example, the foundations to be completed to count as a material operation and thus keep the planning permission alive. Spelling this out would have the benefit of certainty. It would encourage developers to move from commencement to completion faster in the future because a greater proportion of costs would have been incurred at an earlier stage.
In combination, these three amendments salvage something sensible from Clause 6 and save the Government from falling into a trap. The worst possible outcome would see the clause to reduce the amount of affordable homes that developers are required to build proceeding, but developers still not getting on with the job and instead banking the increased value gained from having their obligations reduced and waiting until house prices, pressurised by escalating shortages, rise and bigger profits can be made. I beg to move.
Lord Deben
Before the noble Lord sits down, may I ask a question because there is something I do not understand? What is there under present law to stop a local authority saying to a developer, “Yes, we’ll agree to this, but there are other conditions that are part of that deal”? All that the noble Lord suggests could be perfectly properly achieved in a deal with the local authority. What sort of local authority would give its permission without such a deal taking place?
Lord Best
These cases are historic, dating back to 2008-09, where a Section 106 agreement has been signed that does not specify that commencement on site must happen within six months or what commencement on site means, other than within the law. The agreement has not been, if you like, sharply enough defined, although it has followed standard practice. The opportunity then exists for the developer to say, “I don’t wish to proceed on this basis. I shall use Clause 6 and the Planning Inspectorate to reduce my obligations. Even though I signed up to that, I don’t want to be held to it any longer because I have decided that the profitability of my scheme would be increased if I waited some time and did the development later”. These amendments put pressure on the housebuilder and enable the job to be started.
Lord Shipley
My Lords, I support the amendment so ably moved by the noble Lord, Lord Best, and would like to speak in particular to Amendment 31, to which my name has been added.
I regard this as a public interest matter and I am not currently assured that this is being addressed adequately in the Bill. It seems to me that taxpayers have a right to secure clawback if, following a renegotiation, there is a rise in the value of the land. That clawback should be spent on affordable housing because it was the inability to build and the requirements around the level of affordable housing that caused the renegotiations to take place initially. There is a public interest issue here on behalf of the taxpayer, who should be able to share in the rise of the value of land.
On Amendment 31, it is reasonable that an applicant, having renegotiated successfully, must commence development within six months of the final appeal decision. Otherwise, if they do not get on with it, what is the point of that appeal having been made? It seems to me that the public interest requires a developer to get on with the building, having successfully renegotiated the arrangement.
I read very carefully the draft liability test and I am very concerned about the failure of the Government to define “commencement” as at present it can only be defined in terms of the case law that exists. I find Amendment 35 to be extremely helpful because it seeks to define what commencement means. Also, in terms of securing an outcome—renegotiation—which is in the public interest and in the interest of taxpayers, it seems reasonable to have a tighter definition of what commencement means.
Lord Deben
I wonder whether my noble friend could help me. It may be that I am extremely stupid about this, but I do not understand why it is not possible for the local authority, as part of its renegotiation, to insist upon these things in any case. Why can it not say, “As part of the agreement we want to do this, but the deal is you do actually get started in the way that we between us decide is a start.” Is there anything illegal in doing that?
Lord Shipley
My Lords, I am grateful for my noble friend’s intervention. The Minister will be in a better position to reply, but it seems to me that, where there is agreement, these matters can be satisfactorily resolved. The problem arises when there is not agreement, as a consequence of which a decision has to be made. The case law definition of commencement will then be used; it will enable a whole set of minor things to be done and the developer is deemed in law to have commenced development. Amendment 35 defines much more closely what commencement actually means.
Lord Mackay of Clashfern
My Lords, there is a certain amount of misunderstanding arising in this situation. As I understand it, if the new clause is left as it is, on the planning inspector agreeing a reduction the developer would have no obligation except the statutory obligation. He could not, or the local authority would not be in a position to, redefine the commencement of development because the statutory authority would open the way such that the local authority could not close it. The view of the noble Lord, Lord Deben, is that it might be a good idea to permit the local authority to make such an arrangement. However, that is not provided for as yet and the amendment tabled by the noble Lord, Lord Best, seems to deal with this. The local authority might make an even better definition, depending on local circumstances, but having some power in the local authority to persuade or force the developer to get on with it in a reasonable time, if he takes the reduction, seems essential for this to work.
Lord Deben
My Lords, there is an issue here. I do not actually like the way proposed by the noble Lord, Lord Best, because it seems too prescriptive as to how it might be done. I am entirely in favour of this clause. It is very important, in the present circumstances, to find a way of not insisting upon the kinds of costs which were possible at a time in which prices were utterly different. I therefore like the clause but I am concerned that it does not include the possibility of local authorities saying “Yes, okay, the inspector has said that we can reduce the number by this level but the deal is that you get started—and these are the terms of getting started that we want”. In other words, I am not sure that I want to have statutory, public, universal terms because it would seem much better to have it dealt with at local level, and to lay down there which definition of commencement was necessary in this circumstance by this particular local authority.
I am not sure that I like the answer which the noble Lord, Lord Best, has brought forward but my noble and learned friend has pointed to the fact that we need some sort of answer. If we do not have one, people will be getting a deal and then not doing what we are trying to bring this forward to achieve. I do not know whether my noble friend would be right to accept this amendment, but it would be helpful to us if she were prepared, at least, to look again at having some kind of mechanism so that this was not misused, instead of being the very valuable thing which it could so easily be.
Earl Attlee
My Lords, we need to be a little careful about Report stage rules.
Lord McKenzie of Luton
My Lords, we support Amendment 31; indeed, I have added my name to it. Compelling early undertaking is absolutely right when people have had the benefit of a change of Section 106 obligations. Having heard the noble Lord’s reformulation of Amendment 30, we support that as well, since it deals with the point that the Minister raised in Committee.
I understand entirely the thrust of Amendment 35 and what the noble Lord is seeking to achieve by it. I have a slight hesitation about the detail. I am sure it would be a lawyers’ paradise to try to determine whether 50% of the foundations have been laid or whether 50% of a road has been laid, for obvious reasons. Would it be cost, width, depth or whatever? However, that should not preclude an attempt to get something more effective than what is there at the moment, so perhaps that is a task to be done between now and Third Reading.
Baroness Hanham
My Lords, I thank noble Lords for that debate. The noble Lord, Lord Best, explained clearly that his amendments are aimed at ensuring that development happens. We all want to ensure that happens, as there is otherwise no purpose in this clause. I understand the desire that, in return for an adjusted affordable housing obligation won at appeal, a developer should get on and build. Planning consent is permission to build; it is not a requirement to build. The purpose of this clause is to give developers an opportunity to build, allowing them to review schemes against prevailing market conditions and secure a viable affordable housing agreement. We should remember that without this clause many housing sites will not come forward at all, which is not what we want. Of course, having put in place a revised agreement, we want developers to build, and that is the purpose of the amendment tabled by the noble Lord, Lord Best.
Clause 6 places a three-year time limit on modified obligations made on appeal. If the development is not completed within three years, which is the other side of the coin that the noble Lord referred to—he was talking about commencement while I am talking about completion—the original affordable housing requirement will apply to those parts of the scheme which have not been commenced, so there is a difficulty for the developer in that. Developers are incentivised to build out as much of their scheme as possible within those three years. It will not be sufficient to commence one part of the development to secure the revised affordable housing obligation for the whole scheme.
For example, on a scheme of 100 homes, if 50 units are completed at the end of the three years and the remaining 50 are not commenced, the appeal decisions would require that the original obligation would apply to the remaining 50—so we would go back to 100. If developers are concerned about the viability of their scheme at the end of the three years, they can seek to modify the agreement again. This could be done through voluntary renegotiation or by making a new application under this process.
We believe that the clause ensures that we incentivise build-out and completion. Local authorities are not bound by a three-year decision, but we are clear in our draft guidance that they can follow similar time limits prescribed for appeal decisions. We believe that this decision is best made locally. Where the matter has gone to the planning inspectors, the local authority can of course put its own evidence to the Planning Inspectorate, which could include evidence on commencement of the development. That could become part of the modified planning obligation if the planning inspectors agree to it.
I hope that the noble Lord will take some comfort from our being aware that local authorities have a wide range of tools and powers to encourage development. Those may be through the way they use the Section 106 agreements flexibly or in the way that they support development through investment in infrastructure or the use of land assets. We are aware of local authorities which have introduced clawback agreements to incentivise developments and we understand that those may be appropriate in some circumstances.
More specifically on Amendment 31, which prescribes a six-month commencement for appeal decisions, I said in Committee that I thought setting a six-month period in primary legislation was too prescriptive. I am particularly concerned that placing a six-month limit to commence development will allow little time for developers to get on site—this is the other side of the coin that we have just been talking about. Not all schemes will be ready to go when they are renegotiated. Regeneration schemes where land is in multiple ownership or where planning conditions need to be met before development can commence could be excluded from this process by the six-month limit. Sites where significant work, such as decontamination, needs to be done to prepare the site for development could be excluded. We want to ensure that we deliver as many homes as possible through this measure, not through an overly prescriptive approach, which could be counterproductive and end up with these measures having no effect.
In Amendment 30, the noble Lord, Lord Best, proposes to require the Planning Inspectorate to introduce a clawback in appeal cases whereby the local authority receives increased funds for affordable housing if the market rises. I oppose this amendment because it requires the Planning Inspectorate to make provision for a clawback agreement, which would impose a requirement that will not be appropriate in all cases. I am also concerned that this amendment might have unintended consequences. In cases where a variable agreement would be onerous and unnecessary, the inclusion of the amendment could discourage developers from appealing. We need developers to engage in this process and ensure they can secure viable agreements and we can then secure the affordable housing.
I will now turn to the new clause on redefining commencement. The definition of commencement and material operation serves a wide range of purposes in planning law. It triggers the payment of community infrastructure levy and Section 106 revenues. Perhaps most importantly, it is used by local authorities to establish whether a development needs planning permission and can form the basis of enforcement action if a material operation has taken place without permission. In short, the amendment would have far-reaching and fundamental consequences that go far beyond its intention, which is to prevent developers from doing a minimal amount of work lawfully to implement a planning permission. The noble Lord spelled that out quite clearly.
Changing the commencement threshold in the way envisaged would not have a substantial effect on the behaviour of developers. Any new definition of commencement would simply create a new minimum threshold for such developers to build to. The additional costs for a developer in doing so would be unlikely to be significant in the context of an overall construction budget. Furthermore, the complexity of the threshold proposed would result in uncertainty and confusion that would affect all parties involved in the planning process, including local authorities. As the definition of development is a highly contested part of planning law, it would be likely to result in a significant rise in legal challenges as the courts interpreted the new definition. Any legal definition of commencement should be exactly that: the point at which a development is commenced. It would be counterfactual at best to say in legislation that a building project where the foundations or roads are 49% complete or where only 99% of the pipes have been connected has somehow not legally begun.
In short, while I recognise the problem, this is not the right solution. It would do very little to address the problem, while it would have wide-ranging consequences for other areas of planning practice and have a very significant adverse impact on local authorities, developers and third parties. There is already a power available for a local planning authority to serve a completion notice to deal with uncompleted development. However, a far more productive approach would be to address the underlying reasons for developers delaying their schemes. The Government recognise the importance of this through a number of initiatives, such as the £570 million Get Britain Building fund to unlock stalled sites.
I hope that with these comments the noble Lord will feel able to withdraw his amendment.
Lord Best
My Lords, I am very grateful for the debate that this has stimulated and for the interventions from the noble Lord, Lord Deben, and the noble and learned Lord, Lord Mackay. We have explored an issue and taken it a little bit further than anyone has before in these public fora. These ways of trying to persuade the developer to start building—which is what we are all about—are quite difficult, and it is quite messy to concentrate on defining where commencement really lies. Concentrating on completions of developments which are, obviously, at a later date than my six months for a start, sounds a much improved way of looking at this. I had not appreciated—and I am not sure if others had—that it will be possible for the Planning Inspectorate to place conditions relating to a timescale and a definition of starting on more than simply the reduction in the amount of affordable housing. The assumption has been that it is the reduction in affordable housing that the planning inspector can talk about, and these other, more sophisticated, aspects of getting things going have been beyond the remit of the Planning Inspectorate when these appeals come forward. We are hearing tonight that the planning inspector could, in a way, substitute for the negotiation that has failed at the local authority and developer end. These cases have gone forward only because earlier negotiations have failed. It could be that the planning inspector could substitute for that and come up with a set of requirements that go with the consent to drop the amount of affordable housing.
I am grateful to the Minister for explaining these issues in more depth. I will go away and think about them and hope that, within that explanation, there are the seeds of hope.
Lord Mackay of Clashfern
My Lords, before the noble Lord decides what he is going to do about this, I would like to air the question of whether the planning inspector has these powers. The noble Baroness assumes that he has these powers, but I am not immediately sure that he would have them because the statute prescribes what he can do. She may be right—I am not saying she is not—but it is a critical part of her answer. In so far as it is correct, the answer is, no doubt, a good one, but if it is not correct, the answer is, to that extent, defective.
Baroness Hanham
My Lords, I need to answer this. The inspector will have the power to say that these developments have got to be completed within three years.
Baroness Hanham
“(4) Sections 106BA, 106BAA and 106BB of the Town and Country Planning Act 1990, and subsection (5) of this section, are repealed at the end of 30 April 2016.
(5) The Secretary of State may by order amend subsection (4) by substituting a later date for the date for the time being specified in that subsection.
(6) The Secretary of State may by order make transitional or transitory provision or savings relating to any of the repeals made by subsection (4).”
Baroness Hanham
Forestry: Independent Panel Report
(11 years, 9 months ago)
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The Lord Bishop of Liverpool
To ask Her Majesty’s Government what is their response to the report of the Independent Panel on Forestry, published on 4 July 2012.
Earl Attlee
My Lords, because the right reverend Prelate’s Question for Short Debate will now be taken as last business, the time limit for the debate now becomes 90 minutes rather than 60 minutes. Speeches should therefore be limited to eight minutes, except for the right reverend Prelate the Bishop of Liverpool’s speech and the Minister’s speech, which remain limited to 10 and 12 minutes respectively.
The Lord Bishop of Liverpool
My Lords, you do not need to be a sociologist to know that there are moments in history that reveal the character of the nation. Such was the public reaction to the possibility that something might happen to our forests and woodlands. The people of England discovered a passion for trees that they hardly knew they had. It was a surprise to some, not least because our woodland cover hovers around 10%, whereas Europe as a whole has forests that extend to about 40% of the landscape. Maybe it is because we are less wooded that the people were even more protective of the trees that we do have.
I pay tribute to local people who emerged as guardians of the forests, to the 42,000 people who made submissions to the Independent Panel on Forestry, and to the hundreds of stakeholders who came to our regional consultations. The panel, set up by the Secretary of State, Caroline Spelman, was made up of dedicated experts in the field of forestry and was served by an equally determined and industrious secretariat. Our report and recommendations were unanimous. They captured the public mood and, more importantly, interpreted that mood into policy recommendations. There was robust debate in the panel but never any acrimony, because we were all united in a determination to lay before the Government and the people of England the clearest signposts for a new public policy on forests and woodlands that would serve the country for the whole of the next century.
I am delighted with the Government's response. Although the panel was disbanded on completion of its task last July, I shall shortly convene a meeting of the panel at which members can express directly to the Secretary of State the full range of their views. However, no one can deny that the direction of travel in the Government’s response follows the signposts of the panel’s recommendations, and the Government are to be congratulated on responding constructively to the mood of the nation, expressed so vociferously and articulated so cogently.
Forgive me now for going through this alphabetically. First, on access, forests and woodlands provide the largest leisure facility in the country, with an estimated 300 million visits a year. For the sake of recreation and health, user groups must now work with owners locally to agree the fairest access, each considerate of the needs of the other.
Secondly, on biodiversity, wildlife is affected directly by woodland management. It is a mistake to think that nature, without the symbiotic co-operation of humanity, will protect our biodiversity. The Government must now fulfil the requirements of international obligations on biodiversity that they have helped to formulate.
Thirdly, on conservation, our ancient woodlands are as integral to our cultural heritage as are ancient buildings and landscapes. They are a priceless asset. They must be protected as much as possible from the encroachment of development.
Fourthly, disease and pest control are seriously threatening and require research and resources on a cross-border basis, not least because disease and pests do not respect national boundaries. Each nation must contribute urgently and generously to this work, and the core expertise available at the moment through forest services must be expanded.
Fifthly, ecosystem services are, simply, vital. Trees deliver clean water and clean air. They protect against flooding and contribute to a low-carbon culture. Speaking very personally now, and without the authority of the panel, I wish that there were some way of linking payment for such ecosystem services to our utility bills. That would show the public their worth and provide money to invest in our ecosystem infrastructure.
Sixthly, forestry expansion and better management require both public and private investment. Creating the woodland industry action plan, as the Government have already done, and renegotiating the rural development programme are both steps in the right direction of stimulating the woodland economy, which in itself will help to green the nation’s economy. Forestry is good value, as the Church Commissioners’ investment portfolio shows; I declare an interest.
Seventhly, guardians will hold the public forest estate in trust for the nation under a parliamentary charter. The Government’s response to this recommendation from the panel could not be clearer. Succeeding the Forestry Commission, this new and evolved body will have important freedoms. It will be set free from the short-term political cycle that is so at variance with the lifecycle of trees, and it will be free to be entrepreneurial, so that within a stated plan of forest expansion it will be able to maximise the potential of all its assets. By buying, borrowing, selling and sowing, it will create more woodland nearer to where people are, not least in and around our urban areas.
The Government have accepted the guiding principle of the panel’s work that a new national policy on trees delivers a triple bottom line of public benefits: social, environmental and economic. Trees are good for people, good for nature and good for the economy.
The Government’s response would gain even more support and traction if they were able to indicate a timetable for the implementation of these recommendations. The sector has been marking time now, unsure of the Government’s intentions. Those intentions are now clear, but could the Minister indicate when they will publish a timetable?
As I said in the foreword to the panel’s report:
“Our forests … are nature’s playground for the adventurous, museum for the curious, hospital for the stressed, cathedral for the spiritual, and a livelihood for the entrepreneur. They are a microcosm of the cycle of life in which each and every part is dependent on the other; forests and woods are the benefactor of all, purifying the air that we breathe and distilling the water of life”.
The voices of the people showed how fertile England is for trees, the independent panel prepared the ground, the Government’s response is like a planted sapling, and the water to make it grow must be the political consensus and will to ensure that these recommendations are now translated into policy. The narrative of faith that has influenced this nation is based on a wise and sacred text that begins and ends with human life centred on a tree. Similarly, I believe that the forests and woodlands of England can provide, as it were, a canopy of leaves through which light and shade are shed for no other purpose than the health of the nation itself.
Lord Eden of Winton
My Lords, I am delighted to follow the right reverend Prelate the Bishop of Liverpool. I applaud his most interesting speech and the constructive and comprehensive report of the panel over which he presided. I want to highlight one or two aspects that featured in his report. I particularly welcome the emphasis given to education—the need to involve people and to teach them, as he pointed out, the value of trees, woods and forests and the importance that they represent not just for our pleasure but for our survival. However, I hope that education will not be restricted to visits by primary school children; older people need to know about the value of trees just as much as small children do.
The second point that the report emphasises is the need for access to forests for the purposes of leisure, recreation and tourism. Those activities can be damaging to the very environment that we are seeking to protect in our forests and woodlands. Many decades ago I wrote a report for the Council of Europe on sites of national scientific interest and areas of outstanding natural beauty. I remember that in preparing the report it was clear that too many people going into sensitive environments like woodland settings can, as a result of their footprint and their sheer numbers, cause an enormous amount of damage. Damage was also caused by other leisure activities, and I just hope that whoever runs our country’s forestry activities will recognise the need to control them. Noisy activities such as motorcycling should not be allowed because woodlands are places to be enjoyed in quiet and in a degree of silence. People can absorb what the woods can give to them only if they listen. If they have ears to hear, they will hear what the woodland has to teach them.
The third point I want to stress is the value of woodland, of tree planting, as a role in flood prevention. We have had a lot of experience of floods—too much recently in some parts of the country. If trees are planted in the river source, they will not only stabilise the soil, they will control the tendency of those rivers to flood. It is most important that we do not look simply at flood barriers at the end of the river, we look at the flood protection work that tree planting can achieve at the source of the river.
The Government have now declared themselves as intent upon nationalising the public forest estate, or rather, to put it more delicately, keeping it in the public sector. I hope they will stress the need for the public forest estate in the public sector to engage as much as possible in joint venture activity with the private sector. The forest cover of this country should not be retained solely in the hands of a public sector organisation. Too often, a public sector organisation becomes excessively bureaucratic and expensive, and develops its own degree of inertia.
I hope that the Government will press forward vigorously with their own statement of priorities and principles. Among other things, these are to reduce Government involvement; minimise the amount of regulation; encourage local participation and local initiative; and, above all, work in partnership with other interests. Other interests are well represented by private landlords; by estate owners; by organisations such as the Tree Council, the Woodland Trust and the International Tree Foundation; and also by those who are engaged in wood-working enterprises and industries of various kinds. Joint venture, private public partnership, seems to me to be the right way forward.
Baroness Parminter
My Lords, I, too, thank the right reverend Prelate for securing this debate today and for the important work of his Independent Panel on Forestry. It seemed a model in capturing the public’s mood and their undoubted love for woodlands and forest while, at the same time, achieving the difficult job of coming up with some very practical and workable policies which have secured the consensus of a vast number of stakeholders. I congratulate him.
Equally, I congratulate the Government on their response to this broadly welcomed report, with the majority of stakeholders supporting the commitment of the Government to increase our woodland cover from 10% to 12% with the long-term vision of moving towards 15% and keeping the publicly owned forests in public hands.
How we take this forward is key for the future. I hope that the Minister, in his summing up, will cover these three points. First, on the crucial issue of funding for forestry, we welcome the Government’s commitments during the current spending review period, but the independent panel and the Government see funding through the common agriculture policy as crucial to deliver on these forestry goals. The Government have been making a strong rural development regulation a priority in the ongoing CAP reform negotiations, pressing for more money for Pillar 2, as we need incentives to work with private landowners to deliver more woodland.
In the recent letter to the House of Lords Sub-Committee D setting out the result of the recent vote by the European Parliament’s Agriculture Committee on CAP reform, including the future of the RDR, the Secretary of State outlined that MEPs are not allowing the payment of income foregone for afforestation. Can the Minister offer some clarification on that and the impact that would have on incentivising and achieving the Government’s goal of increasing the amount of woodland cover to 12%?
Secondly, on delivery vehicles, we all look forward to the debate in this House when the Government bring forward proposals for the new operationally independent body to manage the public forest estate. Meanwhile, however, there is a question mark over the future of forest services. The Government say they will confirm the organisational arrangements through which the Government’s forestry functions will be delivered after the triennial review of the Environment Agency and Natural England. We expect the initial conclusions from that in the spring.
The Independent Panel on Forestry supports the retention of the Forest Service organisation. The Forest Service is a small organisation with fewer than 30 members of staff, but has a key role in promoting sustainable forestry and biodiversity. I therefore welcome that the Government are considering the synergies of function between the work of Natural England and the Forestry Service as part of the triennial review.
As someone who has real concerns about any proposals to merge the Environment Agency and Natural England, I am open to the potential of closer links or, indeed, merging Natural England and the Forestry Service to create one organisation with a strategic overview of all terrestrial landscapes and habitats.
The report of the Independent Panel on Forestry was clear that delivering landscape-scale conservation would require the integration of policy and delivery mechanisms for woods, trees and forests with the wider landscape, for example, by integrating incentives for woodland management and creation with agri-environment schemes.
It is also important that we retain a strong body of advice and expertise capable of influencing government on the delivery of a wide range of agendas where forestry has a decisive role to play, from areas across government as diverse as providing green space for public health to carbon storage.
Finally, on engaging stakeholders, the independent panel’s report rightly challenges stakeholders as to how we can all play our part in delivery. Post the report from Ian Boyd’s tree health and plant biosecurity task force next month, are the Government planning to resource any further stakeholder engagement mechanisms to aid implementation and ensure a sense of shared purpose? Are they looking at the merits of the old England Forestry Forum or the success of the Green Food Project as models to ensure that momentum is kept up and the outcomes we all want for forests are delivered?
The Earl of Courtown
My Lords, I have an interest to declare which is in the register. I have also been involved as a land manager and a contractor for the past 20 years.
I would like to thank the right reverend Prelate, as other noble Lords have done, for introducing this debate and commend his report for its thoroughness. I also read with interest my right honourable friend the Secretary of State’s response to the report.
There are a few points in the right reverend Prelate’s report that I would like to explore a little further. One of the first matters of prominence raised was calling on the Government to pioneer a new approach to valuing and rewarding the management, involvement and expansion of the woodland ecosystem. The Government referred in their response to the Rural Development Programme, which the noble Baroness, Lady Parminter, also mentioned. I am much interested in whether the Minister can say how this fund could help in those periods where funding in forestry can be very difficult to attain.
Another objective was to increase public access to woodland. In the report, the public estate—in other words, Forestry Commission land—amounts to around 18% of UK forestry. This is not the whole story. I should be most interested to know whether the Minister can give an idea of how much of the remaining part of the forestry estate UK in public, NGO and private ownership provides some form of public access. Perhaps it might be easier to say how much of the forestry estate does not provide any access to the public.
It has also been proposed and agreed by the Government that there should be more woodland closer to areas of high population. I do not want to appear negative on this subject, but in my book woodland areas considered to be close to urban areas would be within an hour’s travelling. There is high demand for land close to the urban population. An illustration of the value of that is a four-acre paddock close to me for sale at £20,000 an acre. Planting trees on it with reasonable spacing will cost £1,500 an acre. Once trees are planted, the value will drop to about £8,000 an acre, as can be seen by the value of forest land already on the market.
The big difficulty is that if trees are planted on very high-value land, there will be an immediate drop in its value. Encouraging people to plant trees in these areas, whether in the public or the private sector, will be very difficult. Following that, there will be about 20 years of high maintenance costs and very low income before gaining even the lowest amount of income from thinning or whatever. It will be in the region of just a couple of hundred pounds an acre. I of course recognise the social and environmental reasons for woodland, but if we are to increase our woodland by a substantial amount—even 1% or 2% is a substantial amount—we will have to get around that problem.
The report also calls for an increase in the amount of woodland managed to the UK forestry standard from 50% to 80%. Perhaps the Minister will clarify how much woodland managed to the UK forestry standard is grant-aided and whether we have a gap of forestry that has been grant-aided but does not reach the UK forestry standard. Having entered many forestry holdings in the past into management agreements, even then I was horrified by the amount of paperwork involved in the exercise. Last week, having downloaded all 116 pages of the UK forestry standard, I hope my noble friend will listen very closely to me when I say that perhaps we could look at cutting a bit of red tape.
I have also consulted some of my forest manager friends who are very concerned that if management plans become a key driver in securing grant assistance for woodland creation and management, it could be a major disincentive to landowners at large to bring their woodlands into better management or to plant new woodlands. Recent experience with linking grant aid to forest certification has had a similar effect.
Some planting that we see nowadays, particularly by some non-governmental organisations, has provided excellent amenity woodland and public access but has not produced good-quality timber. It is possible to have good amenity and public access, and still grow quality timber. Some amenity timber planting has been planted at three-metre spacing. The outcome of this spacing is poor-quality timber and high maintenance costs. At three-metre spacing, a forester would have just over 1,200 trees per hectare. If he decreased that spacing to 1.5 metres, he would have 5,000 trees per hectare. The higher the density, the less maintenance and the better the quality of the timber.
I could go on on this subject. We have to ensure that we plant the right trees in the right place. That means not just planting in the countryside but structural planting and planting on housing estates where we end up planting enormous trees at great expense. We should look at planting far smaller trees and letting nature take its course. They will grow far better, but if they die it would not be that expensive to replace them. I greatly look forward to hearing from the Minister and other noble Lords.
Lord Framlingham
My Lords, I join the congratulations to the right reverend Prelate the Bishop of Liverpool on securing this debate about trees, which are so central to our national welfare. His panel’s recommendations are excellent, very timely, positive and forward looking. Like us all, I have a huge affection for trees. I founded and ran for many years my own forestry company and I was for some time president of the Arboricultural Association. It is hard to improve on the description of the value of trees given by the right reverend Prelate, although I shall try briefly.
It is hard to believe that trees fulfil so many functions. They take our waste carbon dioxide and give us their oxygen. They provide us with timber for so many uses, including construction, housing and flooring. They provide habitats for birds and insects. They alleviate flooding and stabilise land, to which reference has already been made. They help landscape towns and gardens. Most importantly of all, they are beautiful to behold.
The holy grail, the most important buzzword politically in these days of economic recession, is growth. Trees cannot by themselves solve our economic problems, but they can help a little because they grow. Trees have not heard about the AAA rating, the value of the pound, the national debt or the balance of payments. You plant a tree and, provided you take some care in doing it, it will grow year on year, increasing your investment both in timber and in pleasure. We have every reason in the world to plant more and to look after them.
I want to make just two points. My first point, which has already been touched on, is about the balance between public and privately owned trees, leaving aside the question of access, which I acknowledge has to be handled carefully. I am anxious that there should not be the idea in the mind of the public that one is more desirable than the other. While it clearly is helpful and desirable to have public and government involvement in the planting and maintenance of trees and woodland, I trust it also will always be acknowledged that private landowners planting and caring for their own trees on their own land will always have a huge investment in those trees financially and, more importantly, emotionally.
My second point is about the vexed question of chalara fraxinea, ash dieback, its possible disastrous effect on our landscape and what can be done to prevent similar outbreaks. I do not want to rehearse all the history of how we got to where we are. We are all waiting now to see what the new growing season will bring and then what action, if any, will prove necessary. My concern is how it got here from Europe and the fact that we are squandering the priceless asset of being an island nation in terms of our bio-security.
Since the Plant a Tree in ’73 campaign, the demand for trees has increased steadily. This has coincided with the globalisation of tree diseases as trees are routinely shipped around the world. As nurserymen have increasingly imported stock, the situation has been exacerbated by two other factors. First, to protect themselves against the last-minute cancellation of orders because of lack of funding or grant withdrawals many UK growers have used foreign suppliers as a kind of bank to draw on rather than growing the trees. Secondly, UK seed has been grown abroad and reimported as plants to preserve its UK provenance. This has resulted in the importation of trees on a massive scale: 500,000 ash trees alone on an annual basis. Oliver Rackham, a well-known botanist and ecologist, has written:
“It seems that any of the world’s plant diseases is at liberty to enter Britain provided it does so via some other European Union country. By the time the problem has been detected and the bureaucracy has clanked into action, it is too late. Once a tree disease has become established in a country, it is almost unknown for it to be controlled, let alone exterminated”.
It must be possible with the co-operation of all the organisations concerned and with the Government to devise a system that allows for the sensible forecasting of demand, by species, of the number of trees required nationally in the coming years. Without sacrificing the competitive tendering process, surely the nurserymen and the horticultural trade can be given the kind of firm commitment to numbers required that would allow them to expand and grow the trees that we are going to need in the years ahead. We could then be more self-sufficient and reduce our dependency on foreign imports. This would not eliminate the possibility of importing new diseases—only a complete ban would do that and we may have to consider that—but such a commitment would be an enormous step in the right direction, and I urge the Minister to give it the most serious consideration.
Perhaps I could give your Lordships’ House two illustrations. If you go to Christ’s College, Cambridge, and walk through its fantastically ornate and famous gate to the fellows’ garden you will see a mulberry tree under which John Milton is supposed to have sat as he composed Paradise Lost. You could not imagine a more idyllic situation. If you drove up to Wakefield and got the Home Office’s permission to go into the top-security prison there, you would go through a very severe-looking gate into a yard at the back. There is another mulberry tree, standing in the circular island in the middle of the yard. This used to be the exercise yard when the prison was for female inmates. They were allowed to exercise only around this island that contained the mulberry tree. They were not allowed to speak, so they had to mime. This of course is from where we get the mime: here we go round the mulberry bush on a cold and frosty morning.
These illustrations show the part that trees play in all our lives. We must look after the ancient ones because they have such wonderful history, like our own Catalpa trees in New Palace Yard., and we must plant new ones because trees play such an important part in our national life.
Lord Lyell
My Lords, I begin by thanking the right reverend Prelate for instituting the debate tonight. I also have to declare an interest. If noble Lords glance at the relevant documents, they will find that I purported to be responsible for some forests in Scotland. I have enormous interests in Liverpool. In an earlier incarnation, the right reverend Prelate was once kind enough to bring some wonderful primary school children to play harp music, which showed us one aspect of that wonderful city. The right reverend Prelate has spoken broadly. Those of your Lordships who might go to Liverpool are perhaps not aware of an area that I tend to go to, Quickswood and Woolton, together with huge areas of parks. I do not tour round many of the great cities of northern England. There are certainly lovely parks here in London. What the right reverend Prelate has in Liverpool is something of which to be very proud and it is relevant that he has started this debate.
I go to Liverpool for various activities and have been going there for 45 years. Last night, and all the time, there is a blue glow. Interestingly, the son-in-law of my great friend at the blue glow centre—he will be known although he was not on the panel with the right reverend Prelate—is called Chris Starr, and he lectures and teaches. Above all your Lordships will be pleased to know that he put a sharp pin into me and told me to cut down the speech and just concentrate on what is necessary. From the University of Cumbria he has taught me a great deal about forests.
Will the Minister let me know later—not necessarily tonight—about item 6 in the Government’s response, which was referred to by the right reverend Prelate, looking at what is good for the economy? I understand that the benefit of the forestry industry in England and Wales is £400 million per annum. That is the net financial benefit to the nation. There were costs of some £72 million, which have gone out, and at the moment land sales are frozen. That does not necessarily worry one too much. Above all, can my noble friend confirm and give us any good news about resilience in the forestry industry? There is a great partnership of public and private owners throughout the country.
Item 6 of the Government’s response states that forestry is good for people and the right reverend Prelate referred extensively to that. Every single one of us—the right reverend Prelate has the figures—sees, enjoys, visits and relaxes in the forests. Here I may clash ever so lightly with my noble friend Lord Eden, though this may not be something covered by tonight’s debate. Not 50 miles from where he and I used to meet in Scotland, one of the most valuable sources of income for the Forestry Commission, doing minimal damage, on one day in the year, was car rallies. If my noble friend thinks that everything is sylvan rural and that you can hear a pin drop, he might wish to hear some of the forest machinery at work, but he is absolutely right that a forest should be a place of enjoyment and relaxation.
As I have said, it is above all good for people. I found a headline about a bit of education. We are lucky that this aspect is in Scotland, and more and more in England and Wales, and in Liverpool too; it is about encouraging youngsters and older people of all types to come out and learn to appreciate trees and forestry that they might not otherwise have looked at. Stressed in the Government’s reply to the wonderful report by the right reverend Prelate and his colleagues, and particularly important, are local participation and the involvement of local communities for their advice and thoughts. In almost all cases, they produce very constructive results, especially when foresters join in. They might come and ask whether you have tried, for instance, kestrels, on a Lodgepole Pine, which apparently kept the voles down, but until the RSPB came nobody had necessarily thought of that. Participate as far as you can with local communities.
Perhaps my noble friend can write to me on this. I understand that we have seen a figure, and that it is hoped that 12% of England will be forested by 2060. I am not too sure what the percentage is as of today, but I know that many years ago I was catapulted off to Northern Ireland, where I was given the responsibility of agriculture. Guess what we had there—forestry. I seem to recall that the figure for England, Scotland and Wales was something in the region of 10%, but I would be most grateful if my noble friend could indicate tonight or later how near we are to that target figure of 12%. In 1984, I noted that in France and what was then West Germany the relevant figure for land covered by forestry was 22% and 23%. Perhaps it is dangerous to talk of like for like, when they have different climates and different types of tree.
The report has been very encouraging, but the finance will take a generation. I am not married, but for those who are married, it will take virtually until their grandchildren are around before they see the benefit and, above all, note what is there.
I make one main, lasting plea. My kind friend in Temple Sowerby in Cumbria asked me to ask the Minister to see what his department could do to use the existing land that is available for planting or is not being fully utilised for forestry purposes. If he could look at that, it would be the first step. Then one can expand elsewhere, planting suitable trees in suitable land.
I am most grateful to the right reverend Prelate. I very much look forward to hearing from the Minister and even to getting my knuckles rapped by him.
The Earl of Caithness
My Lords, I, too, thank the right reverend Prelate for securing this important debate today. It is always good that this House, which is so knowledgeable on forestry, has the chance to debate it. I declare an interest as a surveyor, although not one who has practised for some time; however, when I was practising, I did quite a lot of forestry.
I want to focus on three parts of the Statement that my honourable friend the Minister of State made on 31 January about the future of forestry. My heart lifted when I read that the Government are going to review the “wider forestry functions”. This is a wonderful opportunity to sort out the Forestry Commission. I have disliked it ever since I started to learn about forestry; it is judge, jury, prosecution, defence and practitioner all in one. It is totally inappropriate these days that all those functions should be held in one body. It plants the wrong trees in the wrong place and regularly lags behind the pace of change of the private sector, which is totally in hock to the Forestry Commission and has to follow its bad practices of even-aged, single-block woodlands, followed by the dreadful desecration of clear felling. Nothing could be more unnatural. We are not good at forestry in this country, but we are very good at growing trees in straight lines, sawing them flat and bulldozing the remains into piles. That is not what I call forestry.
For 40 years, I have been saying that we should move to mixed, uneven-aged forestry, with no clear felling. I have advocated that, and I hope that now is the right time for Her Majesty's Government to insist that at least half the state forests should be converted to this type of management. That would require massive retraining and education to make our foresters proper foresters in this country. We would have to bring in overseas experts, who do this well, to train them—but if the Forestry Commission and the state sector were doing this, it would encourage the private sector to do it and fulfil all the aims of what the right reverend Prelate is trying to do. You would get better disease control, better diversity and better wildlife, as well as better economic return from following that type of management, if done properly.
I move on to the future of forestry. To paraphrase part of what my noble friend Lord Courtown said, “It’s the economics, stupid”. There is only one tree in this country that is economically viable, and that is a Sitka spruce. Some 80% of the timber produced in this country is from that tree. There is a good market for its timber, and it is producing some 3% to 4% annually biological growth. That used to be a poor return, but today it is a very good one when compared to other investments. The land prices continue to rise. As my noble friend Lord Courtown said, there is a differential between agricultural land and forestry land.
So Sitka spruce is good, but what about the rest? They range from variable to just acceptable to disastrous, unless one has top quality hardwoods. Ash and larch are a disaster at the moment because of disease, and oak might well go that way soon. So let us look at what has happened to prices. The coniferous standing sales average price index shows that there has been a 58% decline in real terms since March 1985 to September 2012. That is a staggering loss for landowners and, until that situation is rectified, there is only one economic tree available.
With regard to hardwoods, the right reverend Prelate said that we must have a plan for the whole of this century. That is about three-quarters of the time it takes to grow a decent stand of oak, so we are not looking at a 100-year programme but at one of at least 200 years. Of course, our hardwoods have been decimated by two world wars. The whole planting system is out of kilter and we have a lot of catching up to do. Perhaps one chink of light is thinnings, which have been a disaster area for so long, but they are beginning to show some sort of return because so much is now being used for fuel.
My third point is that we need to plant more land. However, we must plant the right trees in the right places. The Forestry Commission has planted 72% of its land with conifers, but in the private sector the figure is only 17%. That is a much more interesting figure. If we plant 50% more woodland, as the right reverend Prelate says in his report, what will it mean? He also wants the land cover to rise from 10% to 15%. That would roughly take us back to what this country had at the time of the Domesday Book. To plant that amount of land would require about 650,000 hectares, which is about the size of Cumbria. For noble Lords who are not very good on anything north of Watford, that is more than the size of Kent, Surrey and Sussex put together. It is a fair chunk of the country.
If the only tree that is economic to grow is Sitka spruce, the only land that should be used is in the north of England. The right reverend Prelate now faces a dilemma because he wants trees to be planted much closer to the towns, which is right; there should also be more trees down south. How will those trees be funded? If they are to be recreational trees, which people can go out and hug and which make them feel better—I fully agree that that is essential—who will fund them? Will it be taxpayers? Have the Government got taxpayers’ money for that? Unless the Government give considerably more subsidies and good grants to those landowners who are prepared to use their land for a loss-making enterprise—they will have to look more than 100 years ahead—with the best will in the world, that will not be done.
As this is a very long-term operation, the dark cloud on the horizon in forestry terms is climate change. If anything like the worst predictions come about, we will not be able to grow the kind of trees that we have now and to decide now about hardwoods, which might not be growing in the same places in 50 or 60 years’ time, is another disincentive. That makes it very difficult for the Government to sell that to the private sector and to their own state arm, but we need to take it into account because if this country warms up or we get more gales and more wind blow, we will have to plant different areas with different species. We have not been good at that in the past and I fear that we might not be very good at that in the future.
Baroness Royall of Blaisdon
My Lords, I begin by thanking the right reverend Prelate the Bishop of Liverpool for this debate, but more importantly for so brilliantly chairing and guiding the independent panel on its journey through the challenging but beautiful landscape and livelihood of our forests and woodlands to a superb report on their future and the social, environmental and economic opportunities that they offer. He made a splendid speech today and I wholeheartedly agree with his ABC, but I also rather like the idea of linking the benefits of our trees and forests to our utility bills, and I hope that that can be explored.
The panel’s report gave us hope after the depressing, dangerous and quite extraordinary proposals from a Government willing to sell off one of our most precious assets: our forests and woodlands. I also take this opportunity to pay tribute to the terrific campaigns that swiftly grew and gave powerful voice to our concerns, specifically my own Hands off our Forest, which was instrumental in bringing together thousands of members of the public under the Forest Campaigns Network and helped to inform the panel’s deliberations.
I welcome the positive tone of the Government’s response to the report, their commitment to retaining the public forest estate in public ownership, the rescinding of the policy of disposing of 15% of the estate, and their commitment to expanding our public forests. I have to disagree with the comments of the noble Lord, Lord Eden, on the public forest estate, which I believe is well and sustainably managed and is much more efficient in many ways in its productivity than the private estates are. To the noble Earl, Lord Courtown, I say that in the Forest of Dean we have good access, we have great social benefits and we have a well managed sustainable forest with excellent timber.
In answer to some supplementary questions in this House a couple of weeks ago, the Minister hinted that we might expect a Bill to be announced in the Queen’s Speech. I would welcome that, but I would also suggest to the noble Lord that such a Bill should be subject to pre-legislative scrutiny to ensure maximum opportunity for consultation. I am extremely concerned about the much valued and multi-expert Forestry Commission, both its future and its current situation. I do not agree with the comments of the noble Earl, Lord Caithness, although he was right to point out that our forests were decimated by two world wars. In the Forest of Dean, our forest was decimated by the Armada and by Trafalgar.
The Forestry Commission has already suffered massive cuts, yet its work increases by the day, especially on diseases such as ash dieback disease. Today in Eastleigh, I happened to meet Forestry Commission people from the New Forest who, like my friends in the Forest of Dean, are overburdened and deeply anxious about their future and about the effect that the cuts will have on the viability of the proposed new management organisation and the implementation of the proposed policy. I again ask the Minister for confirmation that there will be no further redundancies and no further cuts to the budget, and for his assurance that the Forestry Commission will be adequately funded. Like the noble Baroness, Lady Parminter, I am concerned about the future of forest services and the retention of its invaluable expertise if there is to be a merger.
When considering budgets, I urge the Government to take a holistic rather than a silo-based approach, looking at the public benefits of our forests. In addition to the green economy, which has massive potential for expansion, mental and physical health as well as the social and wider environmental and biodiversity benefits should and must be taken into account. The independent panel informed us that,
“If every household in England were provided with good access to quality green space, an estimated £2.1 billion in healthcare costs could be saved. And the social costs to the impacts of air pollution are estimated at £16 billion a year in the UK”.
Many things should be taken into account.
The new operationally independent body is to have,
“the ability to hold the assets”—
—the land and trees comprising the estate—
“in trust for the nation”,
but nowhere does it say whether it is to be freehold or a leasehold vested in the guardians or the trustees. I would be grateful for clarification; likewise about the guardians. The Government’s response appears to have substantially watered down the role of the guardians when compared with the intention of the independent panel.
Who will those guardians be and what will the balance be between industry and community and between environment and economics, and who will appoint them? Indeed, how will the independent body itself be constituted and appointed, and how will the contents of the charter be agreed? As the right reverend Prelate said, the independent panel recommended that the quantity and quality of access to woods be increased so that access to woodland should be the norm. I understand that one way in which the Government are looking to increase access is through developing rights of way improvement plans. In the light of a recent Ramblers Association report showing that nearly 70% of councils have cut their rights of way budgets over the past three years, will the Minister ensure that the necessary resources are in place for local authorities to review and develop these plans?
Many noble Lords have spoken about access to the private and public estate. The independent panel’s report suggests that,
“The public forest estate represents more than 40% of accessible woodland in England despite representing only 18% of the total woodland area”.
That suggests that access to the public estate is far greater than access to the privately owned estates. As a forester I have to mention a specific concern of my friends in the Forest of Dean. The Government’s policy statement recognises,
“the unique historical, environmental and cultural characteristic of the living, working landscapes in its individual forests and woodlands, such as the New Forest and Forest of Dean”.
That echoes the words of Lord Mansfield in this House on 1 July 1981 when he said that the Government recognised that the Forest of Dean was unique. On that occasion the Forest of Dean’s unique qualities secured exemption from the power of disposal granted by the 1981 amendment to the Forestry Act 1967; it was the only forest in the United Kingdom to be so exempt.
Today, however, we seek something more than protection from disposal. We expect the new operationally independent body to respect, protect and sustain the history, environment and the natural and cultural heritage of our populated working forest. I will be looking to Parliament to impose on the new body the duties to secure these and grant it the necessary powers. I say that having regard to the more limited aspirations in the Secretary of State’s statement that:
“The new body will have clear statutory duties, powers and functions focused on maximising the economic, social and environmental value of the Estate, including a requirement that it should improve the financial sustainability of the Estate”.
We must not lose sight of the fact that people live and work—for example, Freeminers—in my forest, the Forest of Dean.
I end where the right reverend Prelate began. Trees are good for people, nature and the economy. They are vital to the future well-being of our nation. I therefore trust that we can now move forward to implement, through legislation, the recommendations of the independent panel’s report.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, I start by saying how grateful I am to the right reverend Prelate the Bishop of Liverpool for his leadership of the independent panel and for calling this debate today. Before going further, like him, I have to declare an interest—in my case as a woodland owner and lover. Under his leadership the Independent Panel on Forestry brought together senior experts for the land management, forestry, wildlife charity and wood business sectors, and produced an excellent report, setting out a compelling vision for the future of England’s trees, woods and forests. I am grateful to him for his kind words about our response to his panel’s report.
In his introduction to that report, the right reverend Prelate commented how, as a society, we had lost sight of the value of trees and woodlands. The panel’s report challenged all of us—the Government, the forestry sector and society as a whole—to value our nation’s woodlands more. We have embraced this challenge with passion and conviction. Our Forestry and Woodlands Policy Statement, published on 31 January, addressed all of the issues raised by the panel, and went further by setting out a new policy approach to our forestry responsibilities based on the clear priorities of protecting, improving and expanding our woodland assets. It also recognised the scope for realising more of our woodlands’ value through a better understanding of the benefits they provide and the importance of ensuring that we have the most effective and efficient delivery arrangements in place. It included over 30 new steps that my department and the Forestry Commission will be taking and it invited all stakeholders, including those involved in the panel, to work with us to deliver the new woodland culture envisaged by the panel.
At the heart of this new policy statement is a firm commitment to the public forest estate. It will remain secure in public ownership for the people who enjoy it, the businesses that depend on it and the wildlife that thrives in it. To achieve this, we will set up a new operationally independent body to manage the estate and hold it in trust for the nation. It will have greater independence from government, greater freedom to manage its resources sustainably and a clear remit to maximise the income it generates from the estate through entrepreneurial activity. The estate will, however, remain firmly in public ownership and the right safeguards will be in place for it to operate for the long-term benefit of people, nature and the economy. Our statement also recognises that there is an important job for the Government to do with the wider woodland and forestry sector, providing it with appropriate leadership and support so that we can grow our forests and protect what we have.
Last year’s outbreak of Chalara ash dieback, to which my noble friend Lord Framlingham referred, reminded us that our most urgent priority is to protect tree and plant health. I had the opportunity to see for myself the effects of Chalara fraxinea in Wayland Wood in Norfolk. I would like to thank my noble friend for his helpful suggestion about the benefits of more advanced notice of requirements for saplings. We are giving this careful thought.
In recognition of the scientific advice that it will not be possible to eradicate Chalara and that, on the basis of the experience in Europe, there is no effective treatment, we are now focusing our efforts on minimising the impact of the disease on our economy, environment and society, and discovering how we can build resilience to this and other tree diseases. The next step will be the publication of an updated control plan at the end of March, which will set out our approach around four key objectives. They are slowing the rate of spread; developing resistance in the UK ash population; encouraging citizen, landowner and industry engagement; and building resilience in UK woodland and associated industries.
In addition to the control plan, we have introduced tighter controls on the import of native tree species and established the independent expert task force—convened by Defra’s chief scientific adviser, Professor Ian Boyd—to examine further ways to prevent plant pests and pathogens entering the country. This task force will report later this spring.
Recognising the long-term investment needed into tree health, we have allocated £8 million from the existing but unallocated evidence budget for new research into tree health over the next four years and are working with partners and stakeholders to take forward further research. The Forestry Commission has also increased investment in tree health research from its existing resources by 30% over the next 3 to 4 years. In addition to protecting what we have, we also need to make more of what we have. This means improving our woodlands in order to help drive economic recovery.
Just under half of our woodlands in this country are unmanaged or undermanaged. We want to encourage landowners to bring neglected woodlands back into management, improving their resilience, supporting economic growth and delivering benefits for wildlife. To do this we need to remove barriers preventing them from doing so and to develop further the markets and supply chains that will help them realise an economic return from their woodlands. We therefore warmly welcome the initiative to develop the industry’s new action plan under the leadership of Dr Peter Bonfield. It is one of the most exciting developments for the sector in a generation.
Making more of what we have also means maximising the social contribution of our woods and forests, including recognising the health and educational benefits that they provide and supporting communities in playing a greater role in management of their local woodlands. We want to improve public access to our woods and forests, particularly those close to towns and cities, so that the greatest number of people can enjoy them for exercise, leisure and recreational purposes.
The panel rightly encouraged us to take the long-term view. We need to act now to ensure that we have resilient woodlands and a secure supply of timber in the future. England’s woodland cover currently stands at just over 10%, double what it was a century ago. We believe that there is scope for increasing this cover further to deliver economic, social and environmental benefits. We will therefore work with others to expand our woodland resources by creating new woodlands and increasing existing woodland cover where it will most benefit the economy, communities and the environment.
We want to see better quality outcomes for the environment, the economy and society, and that involves the contributions of all our network bodies. We are putting the public forest estate on track towards a sustainable long-term future in public ownership. It is right that we also consider our broader forestry functions alongside the outcomes of the triennial review of the Environment Agency and Natural England and the conclusions of the Tree Health and Plant Biosecurity Expert Task Force. We fully recognise the important work that our forestry experts within the Forestry Commission currently do and will ensure that any changes strengthen our national forestry expertise.
I turn now to the questions asked. The right reverend Prelate asked about the publication of a timetable for implementing the commitments. My department and the Forestry Commission are currently developing an implementation plan for the 37 commitments in the statement. This includes setting up significant projects, such as that to establish the new public forest estate body, and we will set out our progress in implementing these commitments later in the spring.
My noble friend Lord Eden referred to the value of silence. I agree with him about woodland noise rather than the noise of motors. I think there is—dare I say it?—a place for both, although I share his personal preference for the predominance of woodland noise. He asked whether leisure facilities have an adverse affect on the environment. I agree that there needs to be a fair balance struck between the two. He asked about the role of the private sector in the public forest estate. I agree with the points that he made. The public forest estate already works closely with private sector partners, including on joint ventures. My noble friend may be aware of Go Ape!, which is an excellent example of a joint venture with the private sector. We have made it clear that we will expect the new body to act entrepreneurially and work closely with the private sector. He made a point about the role of trees in flood alleviation, and I agree with him on that.
My noble friend Lady Parminter asked about funding through the common agricultural policy. She will know that we are currently negotiating the new rural development programme and very much hope that this will provide resources for the future. We cannot make any firm commitments about how much will be available to support forestry initiatives at this stage. We will, however, be consulting on its objectives in the spring. She asked about the functions of the various forestry bodies in the context of the triennial review. We have confirmed that we intend to retain forestry expertise within government and will set out our plans for delivering forestry functions after the triennial review has reported.
We are now considering the functions currently delivered by the forest services directorate of the Forestry Commission alongside the work to review the functions and form of the Environment Agency and Natural England in their triennial review. This work is separate to but following the same principles underlying that review, namely better integration, greater affordability and improved service to achieve better quality outcomes for the environment, economy and society. We will confirm the organisational arrangements through which the Government’s forestry functions will be delivered after the triennial review reports its preliminary conclusions in the spring.
The noble Baroness asked about stakeholder engagement. We agree that it will be vital to involve stakeholders as we implement and build on the policy statement. We have established the National Forestry Stakeholder Forum and have committed to bringing it together again to report on progress later this year. We are also including clear stakeholder engagement strands in the new projects that we are establishing to develop the new public forestry safety management body and to review the functions of Forest Services.
My noble friend Lord Courtown asked about the UK Forestry Standard active management plans. We recognise concerns over the size of the documentation. We have recently published a new quick-start summary of the standard aimed at enabling more landowners and businesses to understand and use it.
I apologise that I have run out of time. There are a lot of questions that I have not yet answered. I will take advantage of the invitation of my noble friend Lord Lyell to write to him about his question. May I write to other noble Lords?
I will try to address a couple of the important questions asked by the noble Baroness, Lady Royall. She said that I hinted that there might be a Bill in the Queen’s Speech. I actually said that Governments zealously guard the secrecy of what is in the Queen’s Speech. Her own Government did that, I am sure, as much as we do. She suggested that the Bill should be subject to pre-legislative scrutiny. That is a suggestion that I will take back, if I may.
The noble Baroness asked about redundancies and cuts. We continue, as she will know, to face very challenging financial circumstances, requiring hard choices to be made across the whole public sector. The Forestry Commission has had to bear its share of the cuts that we have had to make to bring public expenditure under control. The department has confirmed the Forestry Commission’s provision for 2013-14 at £39.2 million and we provided an initial £3.5 million as cover for loss of income from woodland sales that were to have been made, making a total of £42.7 million.
The noble Baroness asked about a charter and what a guardian will do. We will consult on the finer details of the organisation’s shape, structure and remit in due course and I hope that she will contribute to that process. I will write on the other questions, if I may.
Delivering on the vision of the panel and the objectives set out in our policy statement calls for creative thinking and partnership working to protect, improve and expand our woodlands and forestry assets. Success will see our environment, wildlife and economy thrive and create the new woodland culture that we all want to see.
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