16:31 - The House divided: - Ayes: 161 / Noes: 277 - Question accordingly negatived.
The Deputy Leader of the House of Commons (Tom Brake)
I beg to move, That this House disagrees with Lords amendment 38.
Madam Deputy Speaker
With this we may take Government amendments (a) and (b) in lieu.
Tom Brake
I want briefly to outline why the Government have introduced amendments in lieu of Lords amendment 38.
A television licence is required to watch all live or nearly live broadcast television content on any device in the UK. People should not seek to evade this and there needs to be an effective enforcement regime for the failure to have a TV licence.
Clause 76 imposes a duty on the Secretary of State to ensure that a review of the TV licensing enforcement regime is carried out. This review will identify whether the current enforcement regime is appropriate and proportionate, and will ensure that there is a strong, evidence-based case for any changes to the TV licence enforcement regime. This matters a great deal to many people.
The Government are very clear that the review of the licensing enforcement regime is a high priority. The decision was taken to commence this review in advance of Royal Assent, while retaining the clause that commits the Government to carry out the review to ensure that this important piece of work is completed. The review is being led, independently, by David Perry QC. The findings of the review, which will complete by the end of June 2015, will be laid in both Houses of Parliament and be presented to the BBC Trust.
The proposed further amendment requires the Secretary of State within three months of the review reporting to set out whether the Government intend to decriminalise or not, and commits the Government to indicate clearly the timetable they plan to follow upon the completion of the Perry review. Our overriding aim is to ensure that the system is appropriate, proportionate and fair, and represents the best value.
This amendment places a firm commitment on the Government of the day to promptly and properly consider the report and set out their response and the timetable of steps to be taken, within three months of the report’s completion. Clause 77 confers a new power on the Secretary of State, via secondary legislation, to change the sanctions that apply to the failure to have a TV licence. We have always maintained that the report’s findings, and potential next steps, should be considered in the context of charter review. This position has not changed.
The BBC’s current charter expires on 31 December 2016. The Government will not begin charter review until after the election and there is no set process for how the review of the charter should be conducted, or when. It will be for the Government of the day to take forward any further actions as they see fit.
We must not make presumptions about the recommendations that Mr Perry will make, nor about how the Government will decide to take them forward, particularly as the public consultation element of this work is ongoing. Clearly, any changes will require serious consideration in the broader context of the charter review process, and it will be for the next Government to ensure that the right enforcement regime for licence fee payers, the courts and indeed the BBC itself is in place.
Our amendment ensures that the next Government will be ready and able to implement whatever recommendations David Perry, QC wishes to make, when the Secretary of State’s regulation-making power commences in April 2017. There was significant cross-party support for the TV licensing clauses during our earlier consideration of this Bill in this House. The firm commitments set out by the Government at that time must be honoured, particularly given that strong, cross-party support. Our amendments ensure that David Perry’s review will be promptly considered by the Government of the day, and that any potential changes are introduced to a clear timetable, leading up to 1 April 2017. For all the reasons I have outlined, I ask hon. Members to disagree with the Lords amendment and support our amendments in lieu.
Chris Bryant (Rhondda) (Lab)
Anybody would think, from the way the Minister just presented his case, that this has been a smooth path and everything the Government intended from the very beginning. But there was only an amendment relating to the licence fee at all because of a Government Back-Bencher, the hon. Member for North West Leicestershire (Andrew Bridgen)—who may be able to catch your eye a little later, Madam Deputy Speaker—and we have a change only because in the Lords the Government’s position was overturned by three votes. I am, of course, proud that we now have a far more sensible set of propositions before us. I admit that the Liberal Democrat heart that is still beating within the Minister is probably on our side in this argument, but he might at least have shown that that heart still beats, rather than just deliver what his paymasters in the Conservative party have told him to deliver.
The truth is that Labour Members support the BBC licence fee for the foreseeable future, not out of ideological passion but simply because it has worked and because the vast majority of people in this country support it. Everybody comes up with other ideas; every Select Committee that has ever examined this issue has set out this, that and the other idea for us to consider, but at the end has said that the least worst option is the licence fee. Broadly speaking, that is what the Select Committee on Culture, Media and Sport decided in its report a couple of weeks ago.
Andrew Bridgen
The hon. Gentleman is absolutely right. People go to prison not for not paying the licence fee, but for not paying the fines. However, if someone has hit hard times and has no money and cannot afford a £145.50 licence fee, they are unlikely, as in the example cited by Baroness Corston, to be able to pay a £200 fine, which could result in a mother going to prison and her children being taken into care, with the consequent results for her family on release.
The avoidance rate for payment of the TV licence fee in Scotland is hardly different from that in England, despite the fact that we criminalise 160,000 to 180,000 of our citizens a year and imprison between 30 and 50, whereas Scotland prosecutes only some 30 people a year. Given the sparsity of population in Scotland and human behaviour being what it is, one might consider that there would be a greater chance of evading prosecution in a remote part of Scotland than anywhere in England. I would suggest that there was possibly a higher evasion rate in Scotland prior to the decriminalisation anyway.
Unfortunately, the BBC public relations machine seems to have won the day in the upper House, so I now come to amendment (a) in lieu, tabled in the name of the Minister for Government Policy and Chancellor of the Duchy of Lancaster, my right hon. Friend the Member for West Dorset (Mr Letwin). As he says, there is no doubting the significant cross-party support for the clauses relating to TV licensing during the earlier stages of the Bill, and the firm commitments set out by the Government must be honoured. I therefore support the amendment to ensure that the review by David Perry QC, due in June 2015, to which I had the pleasure of giving evidence only last week, is promptly considered by the Government of the day, and that the changes that I very much hope come about are introduced with a clear timetable.
Whatever future funding mechanism for the BBC is decided at the next charter review, I hope that criminalising more than 160,000 of our fellow citizens each year, an estimated 75% of whom are women, will no longer be part of it. I therefore urge the House to join me in opposing the Lords amendment and supporting the Government’s amendments in lieu.
Tom Brake
I will make a few short comments in relation to the points that have been made in the debate. It is impossible to win with the hon. Member for Rhondda (Chris Bryant). If we do not make any changes to the Bill, we are being dictatorial and steamrolling things through. If we do make changes in response to the debate, we are being spineless. As a Minister, I am always in favour of listening, and if there are ways of improving a Bill, that is what I like to do—and that is what we are doing today.
Andrew Bridgen
Does my right hon. Friend agree that the hon. Member for Rhondda (Chris Bryant) is the ideal Opposition spokesman? I hope he stays in opposition for a long time.
Tom Brake
I certainly agree with my hon. Friend on that, and I am confident that the hon. Gentleman will stay on the Opposition Benches for a long time. However, I thank the hon. Gentleman for expressing his support in a roundabout way, and in a lengthier contribution than mine on this measure.
I thank my hon. Friend the Member for North West Leicestershire (Andrew Bridgen) for providing us with the opportunity to debate TV licensing and enforcement today, a debate he initiated many months ago. I hear the unhappiness that he has expressed, but I also heard him comment positively on the fact that there is a clear commitment from any future Government, providing the Bill is passed, to come forward within three months of the publication of the Perry review with an action plan setting out the steps that they will take if they are in favour of decriminalisation.
Lords amendment 38 disagreed to.
Government amendments (a) and (b) made in lieu of Lords amendment 38.
Clause 1
Health and safety at work: general duty of self-employed persons
Madam Deputy Speaker (Dame Dawn Primarolo)
With this it will be convenient to discuss the following:
Lords amendments 2 to 17.
Lords amendment 18, and amendments (a) to (g) thereto.
Lords amendment 19, and amendments (b), (e), (c) and (d) thereto.
Lords amendment 20.
Lords amendment 21, and amendment (a) thereto.
Lords amendments 22 to 25.
Lords amendment 26, and amendments (a) and (b) thereto.
Lords amendment 27, and amendments (a) to (k) thereto.
Lords amendments 28 to 37 and 39 to 123.
Tom Brake
It seems a long time since I was sitting opposite the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) debating the Deregulation Bill, but we are back here today. The Government support Lords amendments 1 to 37 and 39 to 123. I will also be speaking to amendments tabled by hon. Members to Lords amendments 19, 21, 26 and 27, which the Government will not be supporting for reasons that I will set out shortly.
Lords amendments 1 and 2 relate to health and safety and the self-employed. Lords amendment 1 addresses concerns raised during the public consultation on draft regulations conducted by the Health and Safety Executive during July and August 2014. Concerns were expressed that the regulations as drafted could lead to some self-employed persons who do pose a risk to the health and safety of others falling exempt from the law. Amendment 1 sets out the ways in which undertakings may be described in regulations made under section 3(2) of the Health and Safety at Work etc. Act 1974 to retain duties on self-employed persons. Subsection (2A)(a) provided for regulations to include descriptions of activities carried out by an undertaking where the duty on the self-employed would remain in place, essentially providing for a list of high-risk activities. Importantly, subsection (2A)(b) ensures that the regulations can also include a general description covering any undertaking the conduct of which may expose others to risks to their health and safety. The amendment means that the provision in the Bill aligns more with Professor Ragnar Löfstedt’s recommendation. The HSE will produce guidance targeted at self-employed persons and others to assist with their understanding of the amendment.
Lords amendment 2 takes into account a recommendation of the Delegated Powers and Regulatory Reform Committee to change the parliamentary procedure for these regulations from negative to affirmative. This will allow Parliament fully to scrutinise the regulations.
Lords amendment 3 removes a measure that would have had the effect of allowing private hire vehicles to be used for leisure purposes when they were not being used for private hire purposes. After listening to concerns about this proposal during the Bill’s passage, the Government have decided that the best course of action is for this measure to be considered as part of the package of measures recommended by the Law Commission to reform taxi and private hire vehicle licensing.
Lords amendments 5 to 17 seek to provide clarification and certainty in relation to the tenancy deposit protection legislation in response to recent court cases. The amendments address two issues. First, they make it clear that, where appropriate, a letting agent’s contact details, instead of the landlord’s, may be provided to a tenant. That was always the intention of the original framework, and thus the measure has been made to apply retrospectively. However, to ensure fairness, provision is also being made to prevent the reopening of out-of-court settlements or court cases that had been finally determined on this basis.
The second issue, which was raised by the recent Court of Appeal judgment in Charalambous v. Ng 2014, concerns tenancy deposits. The Court ruled that the tenancy deposit legislation should apply to landlords who received a tenancy deposit before the coming into force of the tenancy deposit legislation in 2007, and that they would therefore need to protect deposits if they wished to rely on the “no fault” ground for eviction, known as section 21. This was never the Government’s intention. Our amendments therefore make it absolutely clear that, although landlords affected by the judgment will need to protect deposits if they wish to rely on section 21, they will not be at risk of financial penalty should they fail to do so.
Lords amendments 18 to 26 protect tenants in the private rented sector from being evicted where they have raised a legitimate complaint about the condition of their home, and make the eviction process more straightforward in appropriate cases. They also ensure that tenants are aware of their rights and responsibilities and those of the landlord. The hon. Member for Shipley (Philip Davies) has tabled amendments to these amendments, and I will come to those shortly. The effect of the Government’s amendments is that landlords in the private rented sector will not be able to evict a tenant merely because the tenant has asked them to carry out a repair, provided that the local authority has confirmed that such a repair is necessary to prevent a potential risk to the tenant’s health and safety. They ensure that tenants are always given at least two months’ notice before they have to move out of their home and make the eviction process more straightforward for landlords in situations where the tenant should be evicted.
The amendments enable the Secretary of State to make regulations specifying the information to be contained in any eviction notice served under section 21 of the Housing Act 1988, and provide that an eviction notice cannot be served where a landlord has failed to comply with their existing legal obligations relating to the condition of the property, the health and safety of their tenants, or the energy performance of the property. They also require landlords to provide information to their tenants about their rights and responsibilities.
As many Members will know, these amendments started as a private Member’s Bill in the name of my hon. Friend the Member for Brent Central (Sarah Teather), whom I thank for all her work in bringing this to the attention of the House. I also thank the Secretary of State for Business, Innovation and Skills; the Minister for Employment; and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Bristol West (Stephen Williams). Shelter and Citizens Advice have also been heavily involved in this process.
Retaliatory eviction is wrong, and its continued practice is unacceptable. No tenant should face eviction because they have made a legitimate complaint to the landlord about the condition of their home, and no decent landlord would engage in the practice. However, a small number of rogue and unscrupulous landlords think it is perfectly acceptable to evict a tenant for requesting a repair. These important amendments introduce protection for tenants against rogue and unscrupulous landlords, but they also contain provisions that will benefit landlords and make it more straightforward to evict tenants in legitimate circumstances.
On the amendments tabled by the hon. Member for Shipley, I understand the intention behind some of them. However, I assure him that Lords amendments 18 to 26 ensure that all landlords are still entitled to their rights under section 8 of the Housing Act 1988, which enables them to evict a tenant who does not pay rent, goes to prison, or uses the house for illegal purposes. Our fundamental aim is to prevent a very small minority of rogue landlords from evicting tenants in retaliation for raising a legitimate complaint. Part of his proposals would undermine this effort.
Philip Davies (Shipley) (Con)
Will the Minister answer two questions? First, is the opposition to my amendments unanimous across the coalition, or is it just the Liberal Democrats who oppose them? Secondly, what estimate have the Government made of the number of revenge evictions that take place each year, because there is great discrepancy in the numbers?
Tom Brake
On the number of revenge evictions, I will have to get back to the hon. Gentleman; I may get inspiration in the next few minutes. On whether there was coalition agreement on this issue, when the Department for Communities and Local Government looked at the impact of his amendments, it was clear that, in some cases, they would allow a landlord to make a retaliatory eviction on the day after the landlord had completed a repair. That would go completely against the intent of the provisions in terms of protecting tenants. It would permit a landlord to evict a tenant as soon as repairs had been completed using a section 21 eviction notice. That is not in the spirit of preventing retaliatory evictions, but merely delays them until after repairs are completed.
On the number of revenge evictions, as the hon. Gentleman will probably know, the figure is estimated to be some 80,000 per year. The source of that figure was a YouGov survey of 4,500 renters.
Philip Davies
Why are the Government basing their figures on an opinion poll commissioned by a campaigning charity on this issue and ignoring their own figures from the English housing survey, which estimates that the number is about 6,000 a year?
Tom Brake
I thank the hon. Gentleman for that helpful intervention. He thinks that the figure is lower, at 6,000 evictions. I said 80,000, and then generously halved it for him to 40,000. If it is indeed 6,000, then that is 6,000 retaliatory evictions too many. His amendments would facilitate the process of retaliatory evictions, which the Government are, instead, seeking to avoid.
The amendments would extend the time within which a landlord must respond to a request for a repair from 14 days to 20 working days. This Government believe that renting out a property is a business and that tenants should be able to expect a much swifter response to a complaint than 20 working days—in other words, a month—particularly where the problem is serious. To clarify, this time frame is only for responding to the concern raised, not fixing the problem. There is a further amendment to the effect that any complaint must be within the scope of the Landlord and Tenant Act 1985. However, that legislation is not the framework under which local authorities operate for the purposes of inspecting a property and deciding whether there is a health and safety risk to the tenant. Inspections are carried out under the Housing Act 2004 and involve checking for the presence of 29 potential hazards in the home.
Amendment 5 would remove protection against retaliatory eviction where a landlord intends to sell the property within six months. However, the proposed legislation already provides that it does not apply where, at the time when the section 21 eviction was served, the property was generally on the market for sale.
The next amendment would provide that protection against retaliatory eviction does not apply where a landlord wants to move into or redevelop the dwelling, or the dwelling is subject to a compulsory purchase order, or the landlord needs vacant possession to comply with a legal duty to carry out works in the building. Compulsory purchase orders are rarely used, but even where they are, the acquiring authority would become the landlord and could terminate the lease under separate powers.
The final amendment would introduce a five-year time limit on the life of the legislation or require that a review shall be commissioned within three years of the legislation coming into force. As the hon. Gentleman will be aware, it is standard practice to evaluate legislation after a certain period, and we will of course do this. However, we do not necessarily believe that the issue of retaliatory evictions will be resolved in five years, so we do not want to limit the powers as they stand.
Where a landlord wants to move back into a property that they are renting out, the legislation will not prevent them from doing so, provided that they follow the normal process and deal with any repairs before a local authority becomes involved. The legislation contains safeguards to ensure that a tenant cannot benefit from making spurious or unfounded complaints. A complaint in itself will not be enough to trigger protection against retaliatory eviction. In all cases, the local authority will have to confirm that a repair needs to be carried out and that failure to do so would probably involve a serious health and safety risk to the tenant. In addition, the legislation makes it clear that a tenant cannot claim protection against retaliatory eviction where they have failed to treat the property in a tenant-like manner—in other words, to take care of it, rather than to damage it wilfully and negligently—including by carrying out small jobs around the property.
Mark Field
I hope to catch your eye later, Madame Deputy Speaker, but it is pretty clear that there is no uncertainty whatsoever. The regulations have been in place for 42 years for good reason, so to sweep them away as is now proposed would be rather unwise. I hope that the Minister will provide a little meat on the bones of exactly why the Government now wish to do so, particularly given the strength of feeling among London MPs on both sides of the House and in the Lords.
Tom Brake
I will provide more explanation in a few minutes. I hope that it will satisfy my hon. Friend, but I suspect that it may not. We will have to wait and see. One point is that this is an issue only in London. I am not aware of a huge number of problems associated with it outside London. Perhaps there are such problems, but they certainly have not been drawn to my attention. The proposals will simply bring the approach in London into line with that in the rest of the country.
Mr Nick Raynsford (Greenwich and Woolwich) (Lab)
I did not quite follow the Minister’s argument. He accepted the fact that London is different and that there is strong feeling about it in London, but he proceeded to say that the Government therefore want to make London like the rest of the country. I am afraid that that is a non sequitur. If there is a problem in London, the Government must address it by accepting it and listening to the views of the local authorities and others in London who have clear experience of it and are saying that what the Government propose is wrong.
Tom Brake
I do not know whether the right hon. Gentleman was paraphrasing me. What I should have said is that I am hearing the concerns about London expressed in this debate, but there are no restrictions of such a nature and I am not aware of its causing a significant issue outside London. I will come on to explain why the Government support the proposals and why we believe that the safeguards, which I am sure he wants, are sufficient to deal with any concerns of London MPs.
At present, Londoners would be in breach of section 25 of the Greater London Council (General Powers) Act 1974 were they to use their residential premises as temporary sleeping accommodation without planning permission, because the Act stipulates that letting a residential property for less than 90 consecutive nights is a material change of use and thus requires planning permission. Not obtaining such permission means risking a fine of £20,000.
The Government published a policy paper on the short-term use of residential property on 9 February. It takes into account the representations we received following the publication last year of the discussion document on property conditions in the private rented sector, as well as our discussions with London local authorities, the industry and Members of both Houses.
Following that, the Government tabled a number of amendments in the other place to update the existing legislation and ensure that we provide appropriate freedom for London residents, broadly in line with that enjoyed by residents across the rest of the country. Alongside the new freedoms, we have sought to provide important safeguards to prevent the abuse of the reforms and, crucially, to prevent any opportunity for commercial letting on an ongoing or permanent basis, about which I am sure Labour Members are concerned.
Ms Karen Buck (Westminster North) (Lab)
I, too, hope to catch your eye in this debate, Madam Deputy Speaker. The Minister is a London MP, so he knows the pressures on the residential housing stock in London. Have not London local authorities, across the parties, made representations to stress that fact? For example, Westminster alone loses about 500 residential units every year to short-term lettings, because it is impossible to distinguish, in the way the Minister claims to do, between the holiday let and the extension of what is effectively the hospitality industry.
Tom Brake
The Government are clear that the proposals are not about facilitating a process that will allow more commercial letting on an ongoing or permanent basis; they are about restricting lets by individuals to a maximum of 90 days. I do not know whether the hon. Lady has ever used Airbnb or something of that nature in other parts of the country, where people let out their properties on a short-term basis at the time of particular events, such as the Liberal Democrat conference in Glasgow. There is no suggestion that people are letting out properties permanently. The Government do not want that to happen, which is why the restriction of 90 days has been put in place. I will come on to the other safeguards in a moment.
Ms Buck
I will not intervene again, but may I ask about that particular point? The Minister is saying that there is not a problem, but Westminster alone has had to take 7,362 cases against quasi-commercial short-term lettings in the past 15 years even under the existing regulations. The key point is that such enforcement will be far harder when the Government relax the rules, as they intend to do.
Tom Brake
The hon. Lady will hear what I have to say about enforcement notices, and she may want to pick that up among the points she will make should she catch your eye, Madam Deputy Speaker.
The internet has created new opportunities for residents who want to enter into what has become known as the sharing economy, a catch-all term encompassing all asset owners who wish to share their asset with others in exchange for a fee. As a result, it is now easier than ever for residents to rent out their property to supplement their incomes and offer consumers new experiences. A cursory look at some of the websites facilitating such lettings reveals that thousands of London properties and rooms are available for short-term use, all of which potentially violate the current section 25.
Lords amendments 27 to 30 add additional safeguards in relation to the short-term use of London properties without planning permission in three ways. First, they stipulate that a property can be used as temporary sleeping accommodation only for a maximum of 90 nights per calendar year. That will ensure that the reforms provide residents with greater flexibility, but it will not create opportunities for the short-term letting of properties on a permanent basis. Secondly, they provide that the person providing the temporary sleeping accommodation must be liable for council tax. That requirement means that a property is used as a residence, because a property used as a hotel or hostel would be liable for business rates. Combined with the 90-night per calendar year limit, we believe that this provides an appropriate safeguard against short-term letting on an ongoing or permanent basis. Thirdly, they allow either the Secretary of State or the relevant planning authority with the Secretary of State’s consent to direct, where there is a strong amenity case for doing so, that the relaxation of section 25 does not apply to certain properties in certain areas. I hope that addresses the hon. Lady’s concerns.
Mark Field
Let us try to dig a little into precisely how big that concession is. Would the Minister allow local authorities, particularly those in central London, to exempt themselves from the exemptions in the entirety of their area—in other words, to tie themselves again to the 1973 Act—or is he suggesting that the concession would apply only to very limited stress areas?
Tom Brake
I am sure that my hon. Friend was listening carefully. I said that the Secretary of State would have to give consent. The Government are not proposing that local authorities should be allowed to decide unilaterally which areas are in and which are out. We want to facilitate something that is already clearly happening on a large scale in London—as far as I am aware, it happens elsewhere in the country without significant problems—to give individuals the flexibility to allow their properties to be rented on a short-term basis if there is an event, such as Wimbledon, during which they want to absent themselves.
Mr Andy Slaughter (Hammersmith) (Lab)
The Minister mentions Wimbledon and I have no doubt that he is also thinking about things such as holiday lets. How many prosecutions have there been in respect of Wimbledon and holiday lets? The proposal is just about commercial lets. Is it not impossible to regulate such things in the way the Government intend? It is over-regulation to say that councils must apply for a waiver. Why does he not let localism take charge and allow local authorities decide for themselves?
Tom Brake
Clearly there is a localism aspect to the proposal. If, as some Opposition Members are saying, there is a significant issue in Westminster and places like it, I am sure that Westminster city council will present a well-argued case to the Secretary of State to say why it believes that there should be an exemption in a particular location. I am sure that the Secretary of State would consider such an approach carefully.
The Government believe that the Lords amendments provide appropriate flexibility for Londoners alongside sufficient safeguards. The 90-night limit, coupled with the requirement for hosts to be liable for council tax, means that we will not create new opportunities for residential properties to be used as temporary sleeping accommodation on a permanent basis without planning permission. The relaxation of section 25 will allow properties to be used more efficiently when residents are away, and it should not remove properties from the housing stock that is available to Londoners and their families. In the Government’s opinion, the safeguards, coupled with the ability to exempt areas with the consent of the Secretary of State, are sufficient to protect Londoners against any potential abuse of the relaxation of section 25.
The Opposition amendments to Lords amendment 27 principally seek to create the additional condition that residential premises can be used as temporary sleeping accommodation without planning permission, provided that the premises are the principal residence in London of the owner. They would require the provider of temporary sleeping accommodation to notify the local planning authority in advance of every occasion on which they intended to use their property in this way on a short-term basis. I wonder whether any assessment has been made of the impact of that proposal on the existing London market, with regard to people who are already in breach of the law, and of the burden on local authorities in handing all the advance requests. The Opposition amendments would also remove the requirement for the local planning authority to seek the consent of the Secretary of State to direct that the new flexibility does not apply to particular residential premises or premises in particular areas.
The Government believe that the Opposition amendments seek to remedy issues that have already been addressed by the amendments the Government made in the other place. They would place additional burdens on London residents that are not experienced by residents in other parts of the country, and they run counter to the spirit of the legislation as a deregulatory Bill.
We know that short-term letting is already taking place in London, but the current legislation has led to confusion and uncertainty for potential hosts. The Government amendments will provide clarity and give London residents the confidence that they can use their property as temporary sleeping accommodation within the law, without the disproportionate bureaucracy of applying for planning permission. For those reasons, I ask the hon. Member for Newcastle upon Tyne Central not to press the Opposition amendments.
I will finish fairly soon, Madam Deputy Speaker, but I am afraid that the amendments touch on a wide range of issues. Lords amendments 31 and 32 change the parliamentary approval procedure for the establishment of urban development areas and urban development corporations. They contain a sunset provision with an expiry date of 31 March 2016. On expiry, the process to establish any further urban development areas and corporations will revert to the existing affirmative procedure. These amendments are intended to help us quickly to establish the urban development corporation for Ebbsfleet —a subject that was debated in the House recently.
Lords amendment 33 inserts new section 220A in the Housing Act 1996, which will give the Secretary of State the power to provide financial assistance when advice is provided in connection with the law concerning park homes. Financial assistance may be provided when an organisation provides information, training or advice, or a dispute resolution service concerning residential licences in England. Where appropriate, the money may be recovered from the recipient. There are similar powers to provide funding to organisations that provide legal advice on residential tenancies. The amendment simply provides the Secretary of State with a similar funding power in respect of residential licences.
Lords amendments 34 and 82 will enable and empower NHS ambulance services to respond to medical emergencies quickly and effectively. There are statutory provisions that exempt vehicles from various rules contained in road traffic legislation when they are being used by the emergency services for fire, police and ambulance purposes. However, modern practices and technology have outgrown the current law, which mainly uses the term “ambulance”. NHS ambulance services now use fast response units including cars and motorbikes to provide quick responses to the most critically ill patients, where time is of the essence. They also use larger vehicles to transport equipment to major incidents to ensure that clinicians are properly equipped. Such responses provide a vital part of NHS emergency health care.
Andy Sawford (Corby) (Lab/Co-op)
The Opposition welcome many of the Lords amendments. It has been an 18-month process to bring the Bill to this stage, and it has been much improved by the scrutiny brought to bear not only by my hon. Friend the Member for Newcastle upon Tyne Central (Chi Onwurah) and other hon. Members who had the pleasure of serving on the Bill Committee opposite the Minister, but in the other place where a great deal of cross-party and constructive work was done. This will not be a case study in how to make laws—much of it is ill considered and there has been a lack of consultation about many of the proposals—but it may in future become a case study for how Members of the House can work together despite the Government, and particularly with the support of Members in the other place, to make better law.
We welcome Lords amendments 1 and 2. The changes will certainly improve clause 1 although we still believe that it is unnecessary, ineffective and confusing. We have opposed the clause in all its guises from the very beginning. It is clear that this is an ideologically driven attack on health and safety and will have a negligible impact on the self-employed—those whom the Government say they will help. We think that the clause could create confusion where there has been clarity in the law for more than 40 years, and at no stage was any real evidence brought forward to support any of the proposed benefits of the changes.
We have heard how some small businesses and self-employed people may benefit, but that will clearly be at the cost of creating confusion for millions of self-employed people in a variety of sectors and in some dangerous occupations. That contributes to a narrative that health and safety is inherently a bad thing, rather than something that makes our economy more competitive and a safer place to work. I shall be part of work around the country led by the GMB and other trade unions—it is international workers memorial day in a few weeks’ time, and we will recognise the huge progress we have made in this country to keep people safe at work. I regret that the Government are now seeking to undermine that progress.
I will not repeat the lengthy arguments made by my hon. Friend the Member for Newcastle upon Tyne Central in Committee, or those made by Lord McKenzie of Luton in the other place, but I will say that this clause—and indeed the Bill as a whole—has benefited from scrutiny, even though we believe it is largely unnecessary. Concessions were won in the House of Lords and improvements made to the Bill generally without any support from the Liberal Democrats in either House. They argue that they are a moderating influence that improves the actions of the Government, but the Bill shows that they have failed in that respect.
Amendment 10 is a welcome U-turn from the Government on the proposal to let anyone behind the wheels of a minicab. For the past year Labour has opposed the Government’s proposals to reform minicab law because we believe that they will put passengers at risk. Taxi and private hire vehicle regulation is complex, and we recognise the arguments that it is outdated. Nevertheless, these reforms are not the right ones.
The regulation and licensing of types of vehicles and their drivers is undertaken by local authorities across England and Wales, except in London. In 2011 the Department for Transport requested that the Law Commission undertake a comprehensive review of taxi and minicab law, aiming to modernise and simplify it. The Government delayed the publication of the Law Commission’s report, and instead proposed three amendments to the Bill on minicab regulation in March 2013, seeking to meet the so-called red tape challenge to scrap legislation. The informal consultation that the Government claimed to have carried out was not public but apparently sent privately by a civil servant to a limited number of select bodies who were given just 10 days to respond on such an important issue. That inadequate consultation process was strongly criticised by those involved and—more importantly—all those who were not involved, including local authorities and safety campaigners. No impact assessment for the reforms has ever been produced.
In May 2013 after the local elections the Government allowed the Law Commission to publish its proposals for reform, which included a new national framework of safety and standards enforced at local level. Many organisations, including the National Private Hire Association, Unite, the National Association of Licensing and Enforcement Officers, the National Taxi Association, the Institute of Licensing Officers and the Local Government Association stated that the Government’s proposals would undermine the Law Commission’s reforms, result in further complications in the law rather than less red tape, and put passengers at risk.
The most controversial proposal was to enable people who do not hold a private hire vehicle licence to drive one when it is “off duty”. Safety campaigners, including the Suzy Lamplugh Trust, Rape Crisis and Women’s Aid, police and crime commissioners of all parties, and councillors, joined Labour to warn that the measure threatened to increase the number of unlicensed drivers pretending to be legitimate, as enforcement against the illegal use of licensed vehicles will be almost impossible. The provision also threatens to put vulnerable people such as women and young girls at increased risk from rogue taxi and minicab drivers.
The Government eventually produced a form of impact assessment—although clearly it was not compelling to hon. Friends in either House—on 1 October 2014. It was signed by Baroness Kramer and confirmed that letting anyone drive a minicab
“could lead to an increase in illegal use of licensed vehicles.”
In respect of private hire vehicles and taxis the Bill has been a complete mess. We are pleased that the Government U-turned on the proposal and that today they have finally dropped it.
Like safety campaigners, the National Union of Students and others, we are still concerned about clauses 10 and 11. Clause 10 will end mandatory annual licensing checks, enabling minicab operators to subcontract bookings to firms in other areas, which I think is worrying. Some 80% of women polled by the LGA said that they would be concerned if they booked a journey with one firm and another company turned up. I completely understand that.
Andy Sawford
The taxi and private hire vehicle marketplace is increasingly competitive, and users of those vehicles are well used to looking—usually on a smartphone or some other device—for another company to use. Firms often recommend other firms and companies, which provides some assurance to someone who has booked a taxi—[Interruption.] The Minister should listen because it is a shame that having dropped some of the proposals he is not listening to the concerns of safety campaigners. Eight out of 10 women surveyed said that they would not feel safe getting into a taxi from a company that they had not booked or contacted. I completely understand that and am surprised that the Minister cannot.
Andy Sawford
The Opposition think it is important that local authorities take seriously their responsibility to license private hire vehicles, and we are not seeking to undermine the existing framework that provides assurance to people who are booking taxis and private hire companies, as clauses 10 and 11 will.
Safety concerns have been raised considerably since the inquiry into child sexual exploitation in Rotherham, which concluded that one of the common threads running through child sexual exploitation across England has been the prominent role of taxi drivers in being linked to children who were abused. The author of the report, Alexis Jay OBE, has warned against any further deregulation in that area. Given that the Government accepted the recommendations of that inquiry, we are surprised that the Minister has not listened to the concerns that are out there.
The Home Secretary has promised a joined-up safeguarding approach in response to Rotherham, and we have now heard about cases elsewhere in the country, including the disturbing report that came out last week about Oxfordshire. How do these proposals, particularly those in clauses 10 and 11, relate to that promise to join up safeguarding? I want to quote an old friend of mine and a very respected figure in local government, Councillor Ann Lucas, the chair of the Local Government Association’s Safer and Stronger Communities Board. She has campaigned to keep women and girls safe from violence, and she has stated:
“Keeping children safe is our top priority and a responsibility councils take extremely seriously. It is imperative that the Government withdraws these plans so councils can continue to fully check everyone getting behind the wheel of a taxi or private hire vehicle to ensure vulnerable children are kept as safe as possible.”
We are pleased to see the back of this provision today, but we are disappointed that the Government have not fully listened to the concerns that have been raised.
Tom Brake
With the leave of the House, Madam Deputy Speaker, I will try to respond to most, if not all of the points raised in this informed and passionate debate about some of the matters in the Bill.
In response to the hon. Member for Corby (Andy Sawford), the Government do not believe that health and safety measures are bad. Clearly, when they are appropriate, the Government support them. We are pleased, and welcome the fact, that the Health and Safety Executive has recently, very vocally, pointed out to some organisations how badly they are interpreting health and safety rules in using them as an excuse not to allow things to happen.
The hon. Gentleman spent some time on the issue of private hire and subcontracting. If he feels that it is safer for a person who approaches a private hire operator who says, “Sorry, I can’t help you”, because they cannot subcontract it, then to go off and look online for an alternative provider, he is entitled to that view. I think that safety is actually enhanced by a contractor in an area having a relationship with another subcontractor who can work in another area. The hon. Gentleman called for precisely that—a relationship between the different providers—and that is probably a better guarantee of safety than someone simply looking online for people to do a job in the area. All such firms must be licensed, which also provides a safeguard for those seeking to travel in that way.
The hon. Gentleman referred to his party’s policy of introducing rent caps or rent controls. [Interruption.] He did, I believe. We can look at Hansard, but I think he used the term “rent caps”. The evidence is very clear that such caps lead to a reduction in the number of private rented properties, which I am sure is not what he is seeking.
Like other hon. Members, the hon. Gentleman thought that local authorities should be able to decide whether certain areas should be exempted. In the Government’s view, that would introduce inconsistencies in that different rules would apply in different parts of London; our proposals will provide consistency and be easier for people to understand.
My hon. Friend the Member for Cities of London and Westminster (Mark Field) talked about how insurance for whole blocks may become invalid. If he has such examples, I would certainly like to see them. Our view is that the reforms only affect the requirement for planning permission; they do not have any impact on insurance polices and tenancy agreements. If he can supply me with any examples, I will be happy to look at them.
My hon. Friend referred to Home Office concerns about the change from people staying in hotels to their staying in short-term lets, making it harder for the security services to monitor their activities, but that is clearly happening already. It will not happen as a result of our changes; it is already happening on quite a large scale in London, as other hon. Members have said. If the security services have identified such an issue, they will have called on the Home Office to take action. I am sure that the Home Office would respond positively to any such requests, but I am not aware of any.
Like other hon. Members, my hon. Friend asked whether local authorities could choose to exempt particular areas in relation to private lettings. As I have said, that is not our view. We want to provide local authorities with the ability to approach the Secretary of State if the amenity of a particular locality is affected, and we expect them to do so.
John McDonnell
Will the Minister elaborate on that point? Once the legislation has gone through, will local authorities be able to submit a bid to designate an area, or do they have to wait for problems to arise before making a submission?
Tom Brake
The honest answer is that we do not yet have such details, but they will be set out in regulations. I assume that a local authority would have to provide examples, such as a consistent pattern of noise nuisance or antisocial behaviour in an area, in a letter or submission for the Secretary of State to consider. The exemption will apply to a locality; Westminster could not apply for an exemption for the whole of the area covered by the council.
The hon. Member for Westminster North (Ms Buck) spoke about the proposal to make people report it to the local authority every time they let property on a short-term basis. I want to understand better the purpose behind that and how it would work in practice. What enforcement would there be if people did not report it? An individual who was going to rent out their property for a week would be very unlikely to do so. How would she ensure that it was done? What action would be taken against people who did not comply, given that short-term lets are already happening on a large scale in London and people are not taking notice of the existing law?
Ms Buck
The Minister has just conceded that he does not know how the system will work and that we will have to wait for the regulations. We will look at the exact operation at that time. Westminster city council has looked at this matter closely and is confident that it could have a simple online reporting system that would allow people to notify the local authority that they intended to have a short-term let, and that that could be matched up with the data on properties that were being advertised. That would enable the local authority to target enforcement against the properties that we are all saying we are concerned about—not the one-off short holiday lets, but the extensive commercial lettings that are permeating our residential neighbourhoods.
Tom Brake
I thank the hon. Lady for expanding on how the proposal would work. However efficient Westminster city council is, there will be huge difficulties in identifying the people who are advertising short-term lets on websites and making a link with the local authority register where those who are doing it properly have registered.
The hon. Lady asked whether the Government’s proposals will remove the ability of local authorities to take enforcement action against illegal short-term letting. Clearly, if there is a breach, people will be at risk of planning enforcement action by their local authority. Although we want the legislation to remain light touch, we want to send the strong signal that in order to let property on a short-term basis legally, people must remain within the 90-night limit, otherwise local authorities will take enforcement action against them.
Tom Brake
I assume that local authorities will be provided with the information—the hon. Lady and other Members have said in this debate that this is already happening on a large scale—and take the appropriate action. She referred to an explosion in the number of adverts for such letting. We are not aware that that has happened since the reforms were introduced. I understand her concerns, but the safeguards are in place to address them.
I thank my hon. Friend the Member for Shipley (Philip Davies) for saying that he will not press his amendments to a vote. Like him, I recognise that there are good and bad landlords. There are also good and bad tenants. No doubt the good landlord and the bad tenant and the bad landlord and the good tenant sometimes go to his surgery, as they come to mine, although not usually at the same time, to report each other to their Member of Parliament.
My hon. Friend referred to the 80,000 figure that I quoted for retaliatory evictions as “fantasy” figures. He prefers his figure of 6,000. I understand that the English housing survey does not give figures on retaliatory eviction, but just talks about the fact that 9% of tenancies are ended by the landlord. As I understand it, that does not provide the clarity that he wants on the numbers.
My hon. Friend said that the Government’s proposal is not deregulatory. Of course, we have made it easier for landlords to evict through the use of standard pro forma notices and by no longer requiring that the notice given in relation to a periodic assured shorthold tenancy ends on the last day of a period of the tenancy. Therefore, there are deregulatory measures, although I accept that there are also measures that do not fall into that category.
Many of my hon. Friend’s amendments are covered in other legislation and so are not necessary. There will be a review of the legislation. That is automatic with legislation that is passed though this House.
The hon. Member for Hammersmith (Mr Slaughter) asked about short-term lettings and how many prosecutions there have been, but that is a matter for local authorities and we do not have that information to hand. He asserts that what the Government propose would be of no benefit to private owners. I would ask him—unfortunately time does not allow—to expand on how he knows that it would not benefit private owners, given that many people use—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. The right hon. Gentleman has the leave of the House to speak for a second time in this short debate. Having spoken for 35 minutes at the beginning of the debate, the leave of the House was for a short conclusion to the debate. So far he has taken 12 minutes, which is not a short contribution. I appreciate that he is answering many complicated questions, but I am afraid that in order to behave properly to the House, which has given him leave to speak for a second time, he ought to conclude briefly.
Tom Brake
Thank you for the clarity, Madam Deputy Speaker. I will conclude and I apologise that I was not able to give simple answers to the complicated questions from Opposition Members. I urge the House to accept Lords amendments 1 to 37 and 39 to 123, and to reject the amendments to the Lords amendments.
Lords amendment 1 agreed to.
Lords amendments 2 to 26 agreed to.
Amendment (g) proposed to Lords amendment 27.—(Andy Sawford.)
Question put, That the amendment be made.