Levelling-up Fund Round 2

Alex Norris Excerpts

Thursday 19th January 2023 Commons Chamber

10.37 am

[Alex Norris (Nottingham North) (Lab/Co-op)]

To ask the Secretary of State for Levelling Up, Housing and Communities to make a statement on round 2 of the levelling-up fund.

[The Minister of State, Department for Levelling Up, Housing and Communities (Lucy Frazer)]

First, Mr Speaker, I apologise; we can always improve on our communications. I believe letters were sent both to MPs and to councils last night and the Secretary of State did make a written statement, but I accept that we can improve on this going forward.

Levelling up is one of the driving missions of this Government as we look to build a stronger, fairer economy. As the Prime Minister set out a fortnight ago in his five people’s priorities, levelling up is how we will grow our economy, spread opportunity across the country and build stronger communities with safer streets for people to live on.

The levelling-up fund is essential to how we will develop that opportunity, which is why we have today set our next wave of investment for projects up and down the UK. The second wave will see up to £2.1 billion-worth of funding, awarded to 111 bids that we know will stimulate growth and benefit communities.

The levelling-up fund is about directing funding where it is needed most. Local leaders and Members across this House have seen the impact of the first round of funding, with 105 bids receiving £1.7 billion to drive regeneration and growth in areas that have been overlooked and underappreciated for far too long. That is why we received a tremendous response to the second round, with more than 500 bids received totalling £8 billion, which is a significant increase on the 300-odd bids received last year.

Across the two rounds of the fund, we have allocated nearly £4 billion to more than 200 bids from communities across the UK. I am pleased that we have been able to work closely with parliamentarians, local authorities and the devolved Administrations in all parts of the United Kingdom.

The levelling-up fund has a clear and transparent process for determining how bids are selected. Each bid is assessed by officials against the published assessment criteria, with the highest scoring bids shortlisted. To ensure that there is a fair spread of bids across the UK, funding decisions are then based on the assessment score and by applying wider considerations such as geographic spread and past investments. A place’s relative need is also baked into the process. In this round, 66% of investment went to category 1 places. As we did for round 1 of the fund, an explanatory note setting out the details of our assessment and our decision-making process will be published on gov.uk. Ministers did not add or remove bids from the funded list, as set out in the note.

There will be a further round of the levelling-up fund, along with other investments. I look forward to working with hon. Members across the House as we protect community assets, grow our local economies and restore pride of place where people live and work.

--- Later in debate ---

[Alex Norris]

Thank you, Mr Speaker, for granting this urgent question.

The Government are running scared of Parliament and their own Back Benchers—judging by the faces behind the Minister, I can understand why. However, there are serious questions to be answered. Levelling-up is a failure: the Government are going backwards on their flagship missions—they cannot even appoint levelling up directors—and today we see that reach its maximum. There is a rock-bottom allocation for Yorkshire and the Humber, nothing for the cities of Birmingham, Nottingham and Stoke, and nothing for Stonehouse in Plymouth, which is a community in the bottom 0.2% for economic activity, but there is money for the Prime Minister’s constituency and money for areas in the top quartile economically. What on earth were the objective criteria used to make those decisions? How on earth are only half the successful bidders from the poorest 100 communities?

Over the last decade or so, the cut to local government —in cash terms rather than real terms—is £15 billion. Today’s announcement gives back £2.1 billion. The Government have nicked a tenner from our wallets and expect us to be grateful for getting less than two quid back. We are pleased for the communities that have been successful because they have been starved of cash for years, but in reality even those communities will still get back less than the Government have taken from their budgets. The Minister must be honest that, in levelling up, even the winners are losers.

Is not the reality that this “Hunger Games” approach to regional growth creates a huge amount of waste in time and energy? Why will the Government not instead adopt our commitment to end these beauty parades in favour of proper, sustained investment that is targeted at need?

We are to believe that levelling up is to be rebranded as stepping up or gauging up. Let me save the Minister the trouble. It is not levelling up, it is not stepping up and it is not gauging up. It is time’s up.

[Lucy Frazer]

I would like to correct what the hon. Gentleman suggested about which areas got funding across the country. He mentioned Yorkshire and the Humber, and I would like to clarify that, across rounds 1 and 2 per capita, every region got more than London and the south-east. Of course, the figures can be cut in different ways, but this is funding of £4 billion across the two funds for areas across the country. Combined with what we are doing with our Metro Mayors, it is the biggest transfer of power away from Westminster since world war two. Sixty-five per cent of the north is now represented by a Metro Mayor and, together with significant amounts of funding through other pots of money, we are ensuring that areas such as the north grow and communities get the delivery that they need.

The hon. Gentleman mentioned the Prime Minister’s constituency. I am proud that we are regenerating a town where there is an infantry base. I am comfortable that we are supporting our country and the people who serve in it. He forgot to mention that the Leader of the Opposition had a successful bid in his constituency and that the shadow Secretary of State, the hon. Member for Wigan (Lisa Nandy), got £20 million. He also forgot to mention that Nottingham North got £18 million in round 1 and therefore is benefiting from the Government’s levelling-up programme.

Oral Answers to Questions

Alex Norris Excerpts

Monday 9th January 2023 Commons Chamber

[Lee Rowley]

My hon. Friend makes an important point and the basic principle is that we want to ensure that the ballot box is sacrosanct and that the process has integrity, so when people go to vote, it works.

[Alex Norris (Nottingham North) (Lab/Co-op)]

Happy new year, Mr Speaker, to you and to all of our colleagues.

[Michael Fabricant]

To you too, and thank you.

[Alex Norris]

You are very welcome.

Those who set the standards for our elections, the Electoral Commission, thinks that May is too soon for voter ID reforms, and those who have to implement them, our electoral administrators, say the same. There are just 115 days until the local elections and the Minister seems to put a lot of stock in a campaign that is only starting today. The Minister did not address in his answer to my hon. Friend the Member for Leeds East (Richard Burgon) nor in the statutory instrument debate what it is in his judgment that he believes supersedes the views of those who actually have to make this happen.

[Lee Rowley]

We will continue to work with everybody in order to deliver this, because the Government have been absolutely clear for a number of years that it is important that the ballot box has integrity. We are bringing forward voter identification to ensure that that happens, and we will continue to work with all organisations to make sure it is successful in the 115 days to which the hon. Gentleman refers.

Draft Combined Authorities (Mayoral Elections) (Amendment) Order 2022 Draft Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2022 Draft Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022

Alex Norris Excerpts

Wednesday 30th November 2022 General Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Mrs Murray.

As we have heard, the three draft measures before us relate to changing the voting system for combined authority Mayors, local authority Mayors, and police and crime commissioners to a first-past-the-post system—what a way to spend a Wednesday afternoon!

Not that long ago, the Government used to say that they were focused on the people’s priorities.

[Jacob Young (Redcar) (Con)]

Hear, hear!

[Alex Norris]

The Government Whip perhaps gets ahead of himself. I wonder how long we would have to stand in Parliament Square before we met a person who thought that addressing the issue before us was even in their top 50 priorities—a long time indeed, I suspect.

As we heard from the Minister, the draft instruments flow from the Elections Act, which the Opposition strongly opposed at all stages before it became law a few months ago, and we do so again today—it was bad law then, and it is bad law now. Indeed, the Act is the latest in a long line that have exhibited the very worst tendencies of this Government in recent years, including the Dissolution and Calling of Parliament Act 2022—remember that one?—the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 and the Trade Union Act 2016.

Underlying all those Acts was a determination to strengthen the Executive at the expense of the legislature and by shrinking the civic space for those who oppose this Government, including through an often complete disregard for the views of those affected as the Government ran through their proposals. That was mirrored in the proceedings on the Elections Act, which had these measures shoved into it halfway through Committee stage and after Second Reading; indeed, Bill Committee members could not even ask witnesses for their opinions about them, because that moment had passed. That is not the way to make good legislation, and these provisions are not good ones. I hope the Minister will reiterate in closing that the Government will make good on the commitments made during the passage of the Act to provide proper post-legislative scrutiny, because the Act needs it.

The measures before us once again seek to solve a problem that we have not yet been able to identify. I cannot think of a point where strong concerns have been raised about the conduct of supplementary vote elections—that they were perhaps too confusing or that the outcome did not reflect the public will—and where there was therefore a compelling case for change. I cannot think of Mayors or mayoral candidates who have raised significant concerns, and we did not hear that from the Minister in his opening speech. For all the noise on the Government Benches, it was a Conservative Government that introduced police and crime commissioners and this system of voting for them. Metro Mayors were introduced under the Government using this system, so it was good enough for them previously. The system has worked; the case for change is weak, and it is a terrible idea.

Putting aside the partisan aspects of this, it is a terrible idea to set the precedent that we in this place can change electoral systems without talking to the general public. I ask colleagues on the Government Benches to think where that could lead. If they are resistant to electoral reform—and I think many of those facing me probably are—they should consider that the approach being taken today is completely out of line with how we would originally have done these things, and it opens a Pandora’s box. I am surprised the Minister is so keen to do so, and I hope he will reflect on that in his closing remarks.

I gently say to the Minister that there is an awful lot that his Department has not delivered: huge regional inequalities that its plans are too modest to address, a housing crisis that has been ignored while the Government have a roll-around with their Back Benchers, and local councils that have been withering away because of Government cuts. It is beyond belief that, with all that in the in-tray, the three nonsenses in front of us are the priorities. That prompts only one question: why are the Government doing this? Once again, it seems that they are doing nothing more than seeking political advantage and moving the goalposts to make life a little easier.

I understand why a preference-based system so discomfits the Government; they know that a huge portion of the British people, if given a second, third and fourth choice alongside their first choice of candidate, would not use any of them for the Conservative party of today. Perhaps it is better to remove that option, but this narrow pursuit of political interest is what political projects do when they are past their sell-by date, unable to tackle big problems and devoid of big ideas.

[Mark Fletcher (Bolsover) (Con)]

Can I just clarify whether it is now the Labour party’s position that first past the post is no longer the premier electoral system for UK elections?

[Alex Norris]

That is not the case that I have made. The case that we are making is that these systems have worked for these positions, and we do not believe that they ought to be changed. The irony is that, if we applied my Parliament Square test and asked people outside, “What are your priorities for your democracy?”, they would say that they would like a general election at the earliest opportunity—and we know why. I urge colleagues to vote against these instruments.

Levelling-up and Regeneration Bill

Alex Norris Excerpts

Report stage
Wednesday 23rd November 2022 Commons Chamber

[Dehenna Davison]

I am grateful to my hon. Friend for his incredibly kind words.

I thank Members on both sides of the House for the constructive way in which they have engaged with this important Bill. I look forward to hearing their contributions to today’s debate, and I commend our amendments to the House.

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to speak for the Opposition in these proceedings.

The Public Bill Committee had 27 sittings over four months. The Government enjoyed it so much that they sent seven Ministers and three Whips to share the joy of line-by-line scrutiny. Which was my favourite? How could I choose between those 27 glorious sittings? They were very good debates, as the Minister said.

When it comes to levelling up, we have been clear from the outset that we feel the Bill is a missed opportunity. It ought to have been a chance for the Government finally to set out what their levelling-up agenda really is and what it means for the country. It was a chance to turn the rhetoric and all the press releases into reality. Instead of translating three years of promises into genuinely transformative change, we do not feel the Bill takes as much further forward. After the White Paper and now this Bill, we are still searching for the big, bold change for which the country is crying out and that the Government promised. The Bill has squandered that opportunity, and it seems those premises will be broken.

Levelling up is supposedly the defining mission of this Government but, after all the talk and all the promises, all they could muster was bolting a few clauses on to the front of a planning Bill. It serves no one to pretend that that is not the reality. Where is the plan to tackle entrenched regional inequalities? Where is the plan to unleash the wasted potential of our nations and regions? And where is the plan to get power out of Whitehall and into our towns, villages and communities?

Part 1 of the Bill establishes the levelling-up missions and the rules for reporting progress made against them. The missions are an area of consensus. Who in this House does not want to see a reduction in the disparities in healthy life expectancy, regional investment and educational outcomes? The problem is that, although the Government set out their supposed policy programme to deliver on these missions in their White Paper, it is in reality a mishmash of activity, much of which is already happening. We seek to improve this with amendment 10, as the missions should be accompanied by a full action plan setting out the activity taking place and how it will contribute to delivering the missions. I would hope that the Government already have such action plans, if levelling up really is such a totemic priority, but I fear they do not, because levelling up is not a priority.

[Richard Graham]

The hon. Gentleman has mentioned a couple of times the important question of levelling up across the country. Does he accept that, under the last Labour Government, one of the biggest challenges for many of us was that, although huge amounts of money were funnelled into metropolitan cities, smaller cities in counties around the country completely missed out? A huge amount of progressive work has been done by this Government to ensure that constituencies such as mine in Gloucester do not miss out on the levelling-up programme.

[Alex Norris]

I agree with the hon. Gentleman that, when we talk about levelling up, it should never be north versus south or London versus the rest of the UK, and that it should recognise that, across all communities, there are challenges and areas that need support. I think that is an area of consensus.

I stress that the hon. Gentleman is talking about the previous Labour Government, not the last Labour Government. I was at secondary school for much of that period, and I am not sure that relitigating it would advance this debate. I do not see that huge progressive changes have come through in the intervening 12 years, as he sees it, and I do not see them on the horizon either. Conservative Members may disagree with me on this point, which is fine, but if the Government are so sure of their case that this Bill will be very impactful, where is the impact assessment? Its publication is long overdue, and the stream of Ministers who came through the Committee all promised to publish it. It was signed off by the Regulatory Policy Committee on 19 July—what is that, four months ago?—but instead, it is hidden. What on earth does it say that it needs to be locked away in the Department, and what does it say about the Government that they are not brave enough to publish it?

Oral Answers to Questions

Alex Norris Excerpts

Monday 21st November 2022 Commons Chamber

[Mr Speaker]

I call the shadow Minister, Alex Norris.

[Alex Norris (Nottingham North) (Lab/Co-op)]

The autumn statement confirmed that round two of the levelling-up fund is to be frozen in cash terms, meaning that the Government’s inflation crisis has significantly eroded the value of the fund in real terms. The Government must now either reduce the quality and scope of the winning bids, or accept fewer bids—which will it be?

Draft Police and Crime Commissioner Elections (Amendment) Order 2022 Draft Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022

Alex Norris Excerpts

Tuesday 15th November 2022 General Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve under your chairship, Mrs Cummins.

The two measures before us relate to extending provisions from the Elections Act to the rules regarding police and crime commissioner elections and also assistance with voting for people with disabilities. Let me say from the outset that the Opposition strongly opposed the Elections Act at all stages before it became law a few months ago. It was a bad Bill then, and it is bad law now. Rather than opening up our democracy, it has created barriers to participation, while further weakening it to dodgy finance.

Our serious concerns with the legislation have been shared by civil society and the Public Administration and Constitutional Affairs Committee in its excellent report on the Bill, when it said that the Bill ought to have been paused. That has been added to by yesterday’s revelations that the Government have not even assessed the security implications of the most prominent part of the legislation, voter ID provision, which is yet another discreditable element to this story. We look forward to the chance to revisit that soon—I think it is coming before us soon.

Happily, however, Members of all parties agreed with the provisions that the Act made in relation to notional expenditure. Following the 2018 Supreme Court judgment that there was no requirement that benefits in kind or notional expenditure would have to be authorised by the candidate or their election agent, the rules regulating that area of election law were a point of confusion and required clarification. It is safe to say there were serious concerns that candidates and their agents could unwittingly be liable for any transgressions that they had no knowledge of and had never authorised, but from which they were judged to have benefited. It was therefore right to tidy up the law in relation to notional expenditure in the Elections Act, and the Opposition did not stand in the way of those measures when the Act was before Parliament. In the same spirit, we will not stand in the way of applying the same provisions to the elections of police and crime commissioners, so that the full benefit of the change to the law can be implemented and operational across all elements.

On the second measure, regarding assistance with voting for persons with disabilities, I praise the work done in the other place by my colleagues Baroness Hayman and Lord Khan, who worked very hard to make sure that it was included in the Elections Act. We raised this issue in Committee and during consideration of the remaining stages of the Act, and stakeholders expressed their concerns about the initial proposals. As I said on Report, we are grateful that the Government have listened to those concerns and worked with advocacy groups to reach a solution, which is what I believe we have in front of us. The Opposition therefore fully support the measure, which will ensure that the regulations can be felt widely across all elections, but like many interested in this space, we will keep a close eye on things to make sure that its practical application works. The collective vision is that all polling stations should have the right equipment, so that people can access their democratic right regardless of the challenges they live with, and we would be very interested to see how that works.

I hope the Minister is able to indicate how he and his colleagues will monitor this issue to make sure that the approach proceeds as intended. Will there be a report after the first iteration? That would be a proportionate way of working out whether it is working. Have the Government committed in the engagement with stakeholders that this will be an ongoing process? That virtuous feedback loop will be a key part of making sure that the legislation works. Finally, there is a funding implication for the Minister’s welcome commitment in the Elections Act and today about making the equipment available, so can he make an on-the-record commitment that that will be met and that local authorities will not be expected to find the money in other ways?

Levelling Up Rural Britain

Alex Norris Excerpts

Wednesday 9th November 2022 Commons Chamber

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to wind up this important debate on behalf of the Opposition. I congratulate the hon. Member for North Devon (Selaine Saxby) on securing it, and on the characteristic power with which she spoke. I think it important to say at the outset—and this has been a theme of the debate—that levelling up must never be north versus south, or London versus the rest of the country. There is a clear need to tackle inequalities across all our nations and regions and to recognise that, as in rural communities, they can manifest themselves in many different ways, and it is good that we have had a chance to discuss that today.

The points that the hon. Lady made about productivity, especially in relation to connectivity, were very well made, and were echoed by the hon. Members for Witney (Robert Courts) and for Redditch (Rachel Maclean). Her points about holiday lets—which I will cover shortly—were echoed by the hon. Members for Westmorland and Lonsdale (Tim Farron), for North Shropshire (Helen Morgan) and for Penrith and The Border (Dr Hudson). There were many other interesting contributions. Treasury reform, which was mentioned by the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), and by all three of the Members from Dorset, is an important issue. The reason levelling up has failed so far is that it has met the Treasury, and the Treasury—in the person of the now Prime Minister—has rejected it. I fear that that may portend the future of levelling up.

[Miriam Cates]

I thank the hon. Member for his kind words about the speeches made by many of my colleagues. He may remember, however, that when the present Prime Minister was Chancellor, he granted a number of levelling-up fund town deals. All these levelling-up funds have already had a significant impact in the constituencies of Members on both sides of the House.

[Alex Norris]

I have news for the hon. Lady. If we add all these funds together—high street funds and brownfield funds, for instance—we see that all but four of the 150 upper-tier local authorities are worse off because of the cuts that have been made to the council. So the reality is that even the winners have been losers so far. If what we are getting is more of the same, we will regret it—[Interruption.] The hon. Lady can shake her head, but it is true.

To move on to a couple of points of my own, we have seen the weakening of the foundations of our rural communities through unaffordable housing for younger generations, cuts to transport funding, GPs and dentists stretched to breaking point and community hubs such as village shops, post offices and pubs closing. These issues have plagued rural areas. In many ways, they reflect the problems being faced across the country, but the impact is more harshly felt in our rural towns and villages because, if they lose their cash machine and it is the only cash machine, for example, that has a very significant impact.

The net result is that young people have had to get out to get on, moving far away from their homes and loved ones to find decent opportunities. They take their spending power away from the towns and villages, which costs us our high streets, pubs, banks and post offices—the social fabric that binds us. That has left people growing old hundreds of miles away from their children and grandchildren, and they are feeling the aftershocks in every part of their life: declining prosperity, an eroded sense of community and a growing sense of insecurity.

The evidence is clear that we need a levelling-up settlement that works for rural Britain. We know that 50% of the rural population live in areas that have the poorest accessibility to services based on minimum travel times, compared with just 2% of the urban population. The average weekly household expenditure on transport costs in rural areas is £114, compared with £76 in urban areas. As the right hon. Member for Ludlow (Philip Dunne) and the hon. Member for West Dorset (Chris Loder) said, median workplace earnings are £2,500 a year lower in rural areas than in urban areas.

The case for change is strong, and we on these Benches argue that the problem has been a model that has involved flying the aeroplane on one engine; we have backed one small part of this country and not invested enough in our communities across the country to build thriving cities, towns, villages and coastal communities so that they can all reach their potential. That important point was made by the hon. Member for Hastings and Rye (Sally-Ann Hart) with regard to coastal communities.

I know that time is short, and I am keen to hear the Minister’s response, so I am going to make three suggestions that we believe would make a significant difference to rural communities and provide a bit of an alternative between us and the Government. First, we have pledged the introduction of a licensing system for holiday lets—along the lines of what we are already doing in Wales—in coastal and rural communities, so that we can protect communities’ local character but still allow them to reap the rewards of thriving tourism. A stronger licensing system will allow genuine holiday lets to be identified while ending the injustice of young people being priced out of their own neighbourhoods, only for those homes to stand empty for months on end.

The hon. Members for Meon Valley (Mrs Drummond) and for Penistone and Stocksbridge (Miriam Cates) made points about transport in rural communities, and we know that the loss of bus services has affected rural communities particularly hard. Our second proposal is to prioritise addressing the rural transport crisis by ensuring that councils can improve bus services by regulating and taking public ownership of bus networks while also extending the powers to re-regulate local bus services to all areas that want them, not just to combined authorities with elected Mayors. Having heard what the hon. Member for North Devon said about elected Mayors at the beginning, I am hoping that that will be music to her ears.

[Sir Bernard Jenkin]

I happened to be shadow Transport Secretary when the great John Prescott was Secretary of State for Transport, Environment and the Regions. He said that he was going to do all sorts of things to revive rural buses, but rural bus services still went into decline. Can the hon. Gentleman not move forward and think about the community bus services and the digitised hopper mobile bus services? We need to completely rethink rural transport, and going back to regulated bus services is not the future of bus services in rural areas.

[Alex Norris]

We have a point of difference on that. Yes, those models and that creativity in local communities is an important aspect of this, as are enhancements in technology, but I think that local oversight and control to ensure that there is full coverage would enhance services, rather than leaving them to the market as we have done.

[Sir Bernard Jenkin]

It did not work before.

[Alex Norris]

The hon. Gentleman makes a strong case for the status quo, but frankly the status quo does not work.

Finally, we will put local people back in charge with a new community right to buy, giving communities the opportunity to take control of pubs, historic buildings and football clubs that come up for sale or fall into disrepair. At the moment, local groups have a right to bid for such assets but it is clear that that has not worked. We will augment that to ensure that communities can make the most of the new right by improving the community ownership fund to ensure that seed capital is available for communities to generate revenues so that they can invest in their town, village or city and ensure that the proceeds of growth benefit those who live there. These are meaningful interventions that will have a meaningful impact on our rural communities. This lies in stark contrast to the Government’s levelling-up plans, which are so inconsequential that Ministers will not even release the impact assessment.

Again, I appeal to Conservative Back Benchers, many of whom I know to be independent-minded people who believe in the importance of doing things right in this place. The impact assessment on the Levelling-up and Regeneration Bill has been ready since July, but the Government will not release it. We have had all the Bill’s stages up to the end of Committee without the impact assessment. If we are serious about levelling-up rural Britain, let us have a conversation on the facts. My efforts to get the Minister to change his position on releasing the impact assessment have not worked. I ask Conservative Back Benchers to help, because we need a proper conversation on the facts.

[Matt Western (Warwick and Leamington) (Lab)]

My hon. Friend is making an excellent speech from what I have heard.

We are losing pubs and shops in our rural areas. We have a fantastic community shop in the village of Barford and a community pub in Norton Lindsey, and they bring their communities together. When I saw the title of this debate, I was concerned it was about the prospect of Barford being literally levelled for a quarry—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. That is a long intervention. The hon. Gentleman may have been here earlier in the debate, but he certainly has not been here since I came into the Chair at half-past 5, so he is rather naughty.

[Alex Norris]

I agree with much of what my hon. Friend the Member for Warwick and Leamington (Matt Western) said, and it is why a community right to buy would add to the tools that enable communities to shape their future.

I understand the cynicism on the SNP Benches, but tackling regional inequality should be a national priority. People in our rural communities need to know that this place is delivering meaningful change across all our nations and regions. I do not think that case can be made at the moment, as is clear from the debate. They deserve better. We have made a series of suggestions, and I hope the Minister is minded to address them and the other points raised in this debate.

Levelling-up and Regeneration Bill (Twenty Sixth sitting)

Alex Norris Excerpts

Committee stage
Thursday 20th October 2022 Public Bill Committees

[Tim Farron]

I appreciate the Minister’s response. I am also grateful for the remarks from the hon. Member for York Central. This is a huge issue for all of us and there is much public land, particularly in a community such as mine, with multiple local authorities and, indeed, predecessor local authorities, national parks and all the other parts of the public sector that are present. Sometimes, that land becomes available and there are opportunities for us to make good public use of those other properties in ways that get far more lasting value to the community than a slightly inflated cash value upfront that could then be spent filling a black hole, no doubt, for next year’s budget.

I will not press this to a vote, as the Minister asks, but I encourage him to engage with my hon. Friend. If I could push him, I am sure she would be very grateful to have a sit down with him to talk through the issue to see whether he could provide additional guidance. All we are really asking for here is that the Government update the list of what counts as a public body and accept that there has been some inflation since 2003. They are not big asks, and I ask that the Government take those things into account. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 56

Annual pubs reports

“(1) Each tier 2 local authority in England must produce an Annual Pubs Report.

(2) A report under this section must consider the latest trends in pubs and on-licensed establishments across the authority.

(3) The Secretary of State may by guidance suggest the contents of such reports.

(4) Central government must provide funding to local authorities to cover the costs of this new responsibility.”—(Alex Norris.)

Brought up, and read the First time.

[Alex Norris (Nottingham North) (Lab/Co-op)]

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

One area of consensus that we have definitely been able to build over the last one day short of four months of the Bill—not that I am counting—is a belief that pubs are a core part of our communities and a general sadness about the trend of loss of those community assets in all sorts of communities, whether rural, urban or suburban. That is not least because they are attractive for a change of use—it being easier for a shop to set up and get an alcohol licence on the site of a former pub. That has happened up and down the country and we all have examples of that. It seems there is a never-ending loss of traditional pubs and we know that loss is felt deeply by our constituents. As well as affecting the social wellbeing and social interest of affected communities, studies have also shown that pubs are important in bringing people together, tackling loneliness and reducing social isolation. That, I would argue, is more important than ever.

We should take great comfort from the fact that up and down the country micropubs are fighting back, often in places that we would not necessarily have thought of. That may be part of the reimagining of retail premises in the future, and it is a good thing. However, we know that the experience of the environment in which those micropubs may seek to set up or communities may seek to stop the closure of an existing pub is not consistent, and some local authorities are much better at creating an economic, administrative and social environment where pubs are valued as a community amenity.

We are posed with a challenge of what we can do. This is a matter for local leadership, but what do we do to encourage all local authorities to adopt good practice and play an active role? That is what I have attempted to do with new clause 56, by requiring the production of an annual pubs report, which would set out how a council’s policies and strategies deliver a good environment for local pubs to operate in. In that regard, a benchmark would be set against which the success and failings of those policies could be measured and assessed.

The report could include an obligation to publish information on licensing, planning, local plans and enforcement, heritage and tourism, community engagement and assets of community values, and much more, all in a single overarching policy. I hope it would encourage local authorities to look at their pubs environment in a more holistic way and take the chance to identify pub deserts and reflect on licensing and planning trends and practices. The report would also inform the citizen and Government at a national level by allowing comparisons and aggregate understanding. I hope that is of interest to the Government. It may be that primary legislation is not the mechanism for this, but I am interested in the Minister’s views about what we might be able to do.

[Dehenna Davison]

The shadow Minister is absolutely right: this is an area where we have found a lot of common ground in the few days that I have been serving on Committee. Long may that common ground continue. We can all recognise the incredible value of our hospitality businesses. I am sure that for many of us in this room, myself included, it is where we got our first experience of the job market in our first roles that gave us some of the skills that we needed to move through our careers. For many people, as the shadow Minister rightly outlined, it is not just a pub or a restaurant; it is somewhere we go to have a bit of company, to have a chat, to celebrate or commiserate, so it is right that we do all we can to get hospitality businesses through what has been a really difficult few years. That is why we have recently taken steps through the energy bill relief scheme to try to provide support for hospitality businesses and recognise the unique challenges that they face. That will be a vital tool to ensure they get through this difficult winter; and through kickstart we are helping businesses to recruit more staff.

On the specifics of the amendment, data on the hospitality sector is already available. The Office for National Statistics publishes a range of regional data, including on the output of the sector, the number of hospitality businesses and the number of workers they employ. I am keen not to duplicate the incredible work of trade bodies such as UKHospitality, the British Beer and Pub Association and the British Institute of Innkeeping, as well as organisations such as Statista and IBISWorld, who provide regular updates and industry statistics and reports detailing the state of the hospitality sector from its position of incredible expertise.

I am concerned that if we implemented the amendment, we would create an extra reporting requirement, putting an additional requirement on businesses at a time when they are already facing unprecedented costs and challenges. As I have already outlined, the Department has established a new spatial data unit to drive forward the data that we have in central Government. That could have a role to play when it comes to the hospitality business. More broadly, the amendment is unnecessary, so I ask the hon. Gentleman to withdraw it, although we are all on the side of hospitality businesses at this difficult time.

[Alex Norris]

I am grateful for that answer. I have a slight concern that relying on the data alone might make us a little reactive in this space, but I hope the Minister will think more about the idea of having it as part of a spatial data suite. That would be a valuable thing. I note her previous commitment to meet the Campaign for Real Ale, which is very interested in this. On that basis, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 57

Review of England's public conveniences

“(1) The Secretary of State must, within 6 months of the day on which this Act is passed, appoint commissioners to consider the level of need for public conveniences in England and the extent to which current provision matches that need.

(2) The Secretary of State must publish the report of the Commissioners before the end of the period of 12 months beginning with the day of their appointment.”—(Alex Norris.)

Brought up, and read the First time.

[Alex Norris]

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

[The Chair]

With this it will be convenient to discuss the following:

New clause 58—Public convenience plans—

“(1) Each tier 2 local authority in England must produce a Public Convenience Plan for their authority.

(2) A plan under this section must be formulated in consultation with local partners and the public.

(3) Such a plan much consider—

(a) the current level of public convenience provision,

(b) the current level of demand for such conveniences,

(c) what gaps there are in provision, and

(d) the needs of communities with protected characteristics under the Equality Act 2010.

(4) Central government must provide funding to local authorities to cover the costs of this new responsibility.”

New clause 59—Business rate relief scheme for business making toilets publicly available—

“The Secretary of State must by regulations make provision for a scheme under which if a business liable to business rates permits non-customers to use their toilets as a public convenience, the area of the premises containing the toilets is discounted from the calculation of the premises' overall rateable value.”

[Alex Norris]

Across England there has been a steady decline in the availability of public toilets—something that does not get a lot of airtime in this place, so this is a good opportunity to rectify that. I do not intend to press new clause 59 to a Division. I wrote the new clauses a long time ago—we have been doing this for a long time—and I did not anticipate that it would be quite so close to a Budget or whatever we call the 31 October event. I do not think the Minister will be keen to make spending commitments prior to that, and I also know that our shadow Treasury team would not be keen for me to make a commitment on its behalf. However, it is an interesting idea and one worthy of discussion.

In 2016 a BBC report highlighted that local authorities had closed one in seven public toilets between 2010 and 2013. The report identified 10 areas in England and Wales with no council-run toilets at all. By 2018, the follow-up report found that the number of areas without any public conveniences had increased to 37. That is a trend likely to accelerate with the pressures on local authorities. It has led to closures or transfers to perhaps voluntary groups or charities. The good will engendered in that is a welcome thing, but it means that accountability for that essential social infrastructure has been lost. We have to be clear about this. I do not think public toilets are a “nice to have”. Lack of adequate facilities disproportionately affects all sorts of groups, including people who work outdoors, people with ill health or disability, the elderly and the homeless. Such essential facilities can make the difference between being able to confidently leave the house or not.

In June this year, the Bathroom Manufacturers Association published results of a survey of 2,000 members of the public. They had been asked about toilet provision in their area. The results were significant: 58% of those surveyed said that there were not enough toilet facilities in their community, and 43% did not believe that there were enough for disabled people, for example. If we are to reimagine our high streets—a theme of some of our debates—encourage mobility, meet equality ambitions and level up communities, improving public toilets will be part of that.

[Rachael Maskell]

My hon. Friend is making a powerful speech. Public toilets are also a public health measure. We have to look at them within that agenda. Changing places are also important, so that disabled people can access public toilets too.

[Alex Norris]

Yes, changing place toilets are hugely important. I pay tribute to Martin Jackaman, the pioneer of those places and a Nottinghamian. Where available, changing places have been life-transforming for some of the most profoundly challenged families in the country. We want more such places, and to be clear that everyone going out in their city or town centre should have access to such provision—with a hoist and all those things that make the difference. That is why the issue is important.

On my new clauses, first, new clause 57 proposes a review of public conveniences. The Government would be asked to form an independent panel to assess the level of need for public conveniences within various communities and, having determined that need, to assess the level of provision. If there is a gap—I suspect there might well be—the panel should ascertain its root causes and make recommendations about what might be done to rectify the situation. I hope that the Government will encourage the devolved Administrations to undertake similar exercises.

Secondly, as addressed in new clause 58, one of the barriers to improving provision is a bit of a gap in ownership of the problem. Therefore, my new clause suggests that there should be a new duty on tier 2 councils to produce a local public convenience plan. That is not to dictate how councils use their resources, but it seems reasonable to have a plan for provision in the area. One would hope to work with partners for public convenience provisions and accountability.

Thirdly, new clause 59 is one proposal that could close the gap more quickly. Where businesses—we should recognise that many businesses up and down the country already do this—allow their toilet facilities to be used by non-patrons, that is a wonderful thing. If they do so, that could be reflected in the business rate. I am interested in the Minister’s views. My new clause might not be ready for the legislation today. That range of things would help close the gap in provision. We cannot afford to do nothing in this area. The gaps should close, but they continue to be a limiting factor on our high streets and in our town centres. I am interested to hear the Minister’s views.

[Dehenna Davison]

I have just taken the Committee on a virtual trip to the pub, so it only seems right that we should go to a public toilet on the way back. We know how important public toilets are for all of us, but in particular for some of the more disadvantaged groups, such as the disabled or those with young children. The shadow Minister was right to outline some of the particular challenges.

I thank the hon. Member for York Central for talking about changing places. As she will know, in the past year we have introduced a £13 million changing places fund, which has been fantastic in allowing local authorities to improve their provision. We all recognise that public conveniences are incredibly important, but they are very much a local issue. Local areas know best what provision they need—be that of public toilets or other amenities—alongside other local priorities that they hope to deliver.

New clause 57 would require the appointment of a commissioner to consider the level of need for conveniences, and public convenience plans would be required under new clause 58. Such changes would risk increasing bureaucracy, while decreasing the importance of local decision making. The shadow Minister will have heard me banging on in Committee about this, but it is certainly not what the Bill is about; it is about empowering local decision making and local leaders. It would be disproportionate for the Government to legislate on such a fundamentally local issue. Many local authorities already operate local community toilet schemes to encourage cafés and other businesses to open their toilets to the public. The Government welcome that and we encourage all local authorities to consider whether such a scheme would be beneficial in their area.

I will keep my points on new clause 59 brief, because the shadow Minister said that he did not intend to press it today. However, I pay tribute to my hon. Friend the Member for North West Durham (Mr Holden), who does not sit on the Committee but campaigned passionately to have business rates removed from public toilets. He ran an incredibly successful campaign, and it was implemented through the Non-Domestic Rating (Public Lavatories) Act 2021.

On the amendment generally, our concern is that we would legislate on this, but the impact on the overall business rates bill would be incredibly minimal given the relatively small floor space. On that basis, we do not think the clause is necessary or proportionate at this stage. I hope the shadow Minister will withdraw his new clause.

[Alex Norris]

I am grateful for those answers. On the point about increasing bureaucracy, I do not think it would be a huge increase. I also think areas might benefit from a bit more bureaucracy and professional interest. I accept the points on localism, which has been a theme of many of the amendments we have moved. I think when we seek to understand and configure the state here—and we can talk for hours about devolution—it is about local leadership and circumstance, but there also has to be something about the national environment setting. I felt that the clause had passed that test.

This issue is not going to go away. I hope the Minister will keep reflecting on it as she spends longer in her brief. There are many interesting stakeholders in this space, who I know will be keen to meet with her. I suggest that they get in touch. I do think this is an important issue, and I do not think the current circumstances reflect that, nor will they get better if left alone. At some point, we will have to enter this space, but it probably is not today. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 63

Minimum carbon compliance standards for new homes

“(1) The Secretary of State must make Building Regulations under section 1 of the Building Act 1984 providing that new homes in England must meet the full requirements of the Future Homes Standard from 1 January 2023.

(2) A local authority in England may choose to require and enforce minimum carbon compliance standards for new homes in its area which exceed the Future Homes Standard from that date.” —(Tim Farron.)

This new clause would bring forward from 2025 the date for which the Government’s Future Homes Standard for carbon compliance of new homes would apply. It would also give local authorities the option of imposing higher standards locally.

Brought up, and read the First time.

Levelling-up and Regeneration Bill (Twenty Seventh sitting)

Alex Norris Excerpts

Committee stage
Thursday 20th October 2022 Public Bill Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

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

It is a pleasure to resume proceedings with you in the Chair, Mrs Murray. I feel strongly about the new clause. It relates to the community power that we feel is missing in the legislation. I will make a big case for it, and am interested to hear the Minister’s views. It is an important new clause, which would strengthen the Bill and make a strong contribution to achieving the levelling-up mission, in particular to increase pride of place in every part of the UK by 2030.

A community right to buy, as set out in the new clause, would build on the existing community right to bid legislated for in the Localism Act 2011 and its statutory instruments, which gives communities the right of first refusal once buildings and spaces with significant community value come up for sale. The Department for Levelling Up, Housing and Communities’ own research shows, however, that the existing legislation is not quite doing the job: only 15 assets make it into community ownership for every 1,000 listed as an asset of community value.

Under a much stronger community right to buy, a community organisation or group that is able to raise the required funds when an asset of community value comes up for sale would be able to purchase it without competition. The new clause would extend the existing moratorium from six months to 12 months, because the process of not only raising capital but preparing and building a business plan takes time. Six months has clearly not been enough. This could be a transformative change for many community organisations and the places where we live, and the new clause is very compatible with high street rental auctions, which we discussed in part 8.

In too many places, we see shuttered-up shops and empty buildings blighting high streets and town centres. They are often left vacant by distant private landlords with little stake in places. Members will have stories about that from their constituencies, I have no doubt. Introducing a community right to buy would be a recognition that it is time for that to change. It would give communities new powers to take control of assets in their area and, where assets are in community ownership, we know that vacancy rates are lower, footfall is driven to other businesses, more money stays in the local economy and hiring is more diverse—certainly more than if they are unoccupied.

As I said, the rental auctions are a welcome provision, but the new clause goes further. There is an important point of distinction between the Government and the Opposition on this legislation. Whatever the politics of levelling up, the Bill is born out of a consistent message that we have heard from our communities for a number of years: they want a greater say in what happens in their communities. Having been promised devolution, however, what they will get from the Bill is a transfer of power from Whitehall to, generally, regional or sub-regional bodies. That is a good thing, and we support those provisions in the Bill, but it is an incomplete process; it needs to be accompanied by a transfer of power from town halls and sub-regional bodies to local communities to shape place. People expect that, but as yet do not have it in the Bill. The new clause is a good step to rectifying that. I hope to hear that the Minister is keen.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

I thank the hon. Gentleman for the new clause and for talking us through it. We absolutely agree that the issue is significant and one that we need to get right. Buildings such as community centres and pubs are a hugely important part of our social fabric. I understand the intent behind his community right to buy proposal. We share the same sentiments about getting the process right and giving communities an appropriate and reasonable opportunity to see whether they can take action, while ensuring that the process is not too long or difficult to be feasible.

I absolutely accept the need to review the existing legal and policy frameworks underpinning community ownership. We have said already in the levelling-up White Paper that we will consider how the existing assets of community value framework could be enhanced, but we probably need more time to consider that and whether changes to the framework are workable in practice. It needs consultation and discussion with stakeholders, and we need to work through the implications in significant detail. Although I accept and understand the point that the hon. Gentleman is making, I would prefer not to accept these proposals at this time. I will review them in more detail separately.

I hope that the hon. Gentleman feels that the commitments in the levelling-up White Paper and those I have given just now are sufficient, notwithstanding other activities that may be happening elsewhere on this estate and beyond, and that he will withdraw the new clause.

[Alex Norris]

I am pleased to hear that, in concept, the Government agree with this proposal. That is good news, and those who are campaigning and active in this space will be very glad to hear that.

There is obviously a commitment to this in the White Paper, and the Minister has accepted that the Localism Act provisions will not do. There needs to be a change, so it needs to be looked at and amended, but the Minister said that the vehicle for that is not the Bill. That seems really strange to me; it seems exactly the moment to do it. I take the Minister at his word, as I always do, and we will continue to advocate very loudly for this change. The hon. Member for Wigan (Lisa Nandy) and I are particularly keen on it. I hope there will be an opportunity in this Session to do that.

I do not intend to divide the Committee on the new clause. If I am entirely honest, I think the vote that will change the future of community power will be a general election, rather than a Division in this Committee, so I am happy to withdraw the new clause on that basis, but it will not go away. The public demand for it will only grow, and we as politicians have to demonstrate that we understand that people want this. We must deliver on it, even if it is not today. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 75

Homes England Statutory Objects

“(1) Section 2 of the Housing and Regeneration Act 2008 is amended as follows.

(2) After subsection (1)(d), insert—

“(e) to ensure that spending decisions by Homes England are designed to deliver Levelling-up,

(f) to reduce regional inequality by delivering homes and stimulate related economic activity,

(g) to report to Parliament annually assessing the progress that has been made in reducing regional inequalities.”—(Alex Norris.)

Brought up, and read the First time.

[Alex Norris]

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

Ministers have talked about the importance of building houses, but as a country we are still not building enough affordable homes. Crucially, we are not building them in the places that need them the most to support growth. We could talk about that all day. My hon. Friend the Member for Greenwich and Woolwich has made many good points about why that has happened.

To bring this back to levelling up, we need to ensure that all organisations that touch communities have a strategic drive to level up. At the moment, levelling up is not a strategic priority for Homes England. Its focus is on supply and quality, rather than reducing regional inequalities, so we think we should add that. For example, through the so-called 80:20 rule, housing infrastructure cash has tended to be targeted at London and the south of England.

New clause 75 seeks to address that disconnect. I hope I am on relatively good ground with the Minister. In a previous discussion, the hon. Member for Harborough (Neil O’Brien) said in response to one of my interventions that he expected Homes England to adopt levelling up as a statutory objective, but I want to be clear on that.

The new clause would add three statutory objectives. First, it would require Homes England to consider levelling up as part of its spending decisions. Secondly, it would require Homes England to reduce regional inequality by delivering homes and stimulating related economic activity. Thirdly, to ensure transparency and accountability, it would require Homes England to report back once a year on the progress that has been made towards reducing regional inequalities.

[Rachael Maskell (York Central) (Lab/Co-op)]

I want to support this new clause, with reference to proposed new subsection (2)(e). There is a real disconnect in Homes England: it does not understand the way communities work, including transport systems, the economy and housing. In addition, the fact that it is so distant—it is London-centric—means that it does not focus on communities. That is a real faultline in Homes England that must be addressed.

[Alex Norris]

That is precisely why I tabled the new clause. Writing that into the fibre of the being of Homes England would make a real difference in those areas, as my hon. Friend says. The Minister may be able to give us some clarity, but I understand that a revised strategic plan for the Department has been drafted. I will be keen to know from the Minister, if he is unable to tell us quite what is in that, when we might get to see it, and whether it is his view, as it was that of the then Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for Harborough that levelling up will be reflected as a priority for the agency in the coming years.

[Lee Rowley]

The new clause seeks to introduce, as the hon. Gentleman outlined, a series of further statutory obligations on Homes England. Although I understand the sentiments behind those additional statutory obligations and we all, on both sides of the Committee, accept and wish to promote the underlying objectives of levelling up—even if we may disagree about how to describe it—I am not personally convinced that we require additional statutory objectives here.

Homes England is a delivery body. It is a body charged with undertaking the work that is effectively set by the Department. It is a very big delivery body and goes over numerous different areas. I am already working closely with it and look forward to doing so further. However, it is charged with delivery, and the delivery of something requires the Department to set what that is, so my preference remains that we do not legislate on something like this, but that the conversation and discussion continues between the Opposition and the Department and between the hon. Member for Nottingham North and me in order to confirm what the Opposition wish to see in this area and then what the Government wish to see. I think that that is an area, a discussion and a responsibility that should remain with the Department, and then the Department can inform the delivery body of what to do, rather than us mandating in legislation what the delivery body should do. For those reasons, I ask the hon. Gentleman to consider withdrawing the new clause.

[Alex Norris]

I am grateful for that answer. I am not particularly excited by how this happens; my wish is just that it does happen. But I am grateful for the Minister’s answer and his explanation of how he feels. I have absolutely no issue with it sitting as a departmental prerogative. I do not think the two things need to be in tension. The thing for me is that we will keep pushing on this point. I was not as clear, I have to say, from the hon. Gentleman’s answer as I have been from previous answers from previous Ministers that it remains the position of the Government. Perhaps that is something that will be followed up on in due course, because this is really important. The one thing we know about levelling up is that it takes active interventions and that if we leave things to the market or to how things currently are, that will not deliver, so there has to be something different in this regard. I think that this measure was something different, and improving. It has not been successful today and I will not push it to a Division, but we will, again, stay on this point. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 76

Standards Board for England

“(1) There is to be a body corporate known as the Standards Board for England (‘the Standards Board’).

(2) The Standards Board is to consist of not less than three members appointed by the Secretary of State.

(3) In exercising its functions the Standards Board must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of local authorities in England.

(4) The Secretary of State must by regulations make further provision about the Standards Board.

(5) Regulations under this section must provide for—

(a) a code of conduct of behaviour for members and co-opted members of local authorities in England,

(b) the making of complaints to the Standards Board a member or co-opted member has failed to comply with that code of conduct,

(c) the independent handling of such complaints in the first instance by the Standards Board,

(d) the functions of ethical standards officers,

(e) investigations and reports by such officers,

(f) the role of monitoring officers of local authorities in such complaints,

(g) the referral of cases to the adjudication panel for England for determination,

(h) about independent determination by the adjudication panel its issuing of sanctions,

(i) appeal by the complainant to the Local Government and Social Care Ombudsman,

(j) appeal by the member or co-opted member subject to the complaint to the Local Government and Social Care Ombudsman, and

(k) the governance of the Standards Board.

(6) In making regulations under this section the Secretary of State must have regard to the content of Chapter II (investigations etc: England) of Part III (conduct of local government members and employees) of the Local Government Act 2000, prior to the repeal of that Chapter.

(7) The Standards Board–

(a) must appoint employees known as ethical standards officers,

(b) may issue guidance to local authorities in England on matters relating to the conduct of members and co-opted members of such authorities,

(c) may issue guidance to local authorities in England in relation to the qualifications or experience which monitoring officers should possess, and

(d) may arrange for any such guidance to be made public.”—(Mrs Lewell-Buck.)

This new clause seeks to reinstate the Standards Board for England, which was abolished by the Localism Act 2011, but with the removal of referral to standards committees and the addition of appeal to the Local Government Ombudsman.

Brought up, and read the First time.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

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

It is a pleasure to see you in the Chair, Mrs Murray. As this is probably one of the last times I will speak in this Committee, I want to thank you, your fellow Chairs, the Clerks of the Committee and all House staff.

I am presenting new clause 76, in my name and that of my hon. Friend the Member for York Central. It would increase accountability and transparency and restore public faith in local government. Since the Standards Board for England was abolished by the coalition Government in 2011, local authorities have been tasked with making up their own rules and standards of conduct for local councillors. As the current system stands, the monitoring officers, who work side by side with councillors every day of the week, are the very ones tasked with handling complaints about those same councillors. Should they feel that a complaint warrants further investigation, they can ask that the local authority’s standards committee looks further at the matter and decides on suitable sanctions. The committee can be comprised of other councillors, largely from the authority’s majority ruling group. They then decide what happens to their close colleagues and friends. They can decide whether the hearing is in public or not. If they decide to put any sanctions in place, they may be limited to, at most, simply barring them from meetings for a few weeks or taking away their ICT resources. It is abundantly clear that that system is totally unacceptable. Councillors should not be free to police themselves, and monitoring officers should not be put in such potentially impossible situations.

In 2019, a report by the Committee on Standards in Public Life highlighted the fact that the vast majority of councillors and officers maintain high standards of conduct. However, there is clear evidence of misconduct by some councillors. The majority of these cases relate to bullying or harassment, or other disruptive behaviour. We have also heard evidence of persistent or repeated misconduct by a minority of councillors. This misconduct occurs at both principal authority level and at parish or town council level.

I know all too well from my own local authority the consequences of limited checks and balances, and of processes open to interference. In 2020, the former leader of my council resigned suddenly in the wake of allegations of bullying and financial concerns, just weeks after our chief executive walked out after 10 years in post. Police and other investigations are ongoing.

--- Later in debate ---

[Rachael Maskell]

I listened with interest to the Minister’s response. The challenge that I would put back to her, and ask her to reflect on further, is that it is because we have a very fragmented framework across many different Government Departments that we are not making progress. While the levelling-up agenda was very much a central agenda, with some clear missions to try to measure it and move it forward, excluding this form of monitoring and advancing public health information by leaving out the new clause will not help the Government.

While I appreciate what the Minister says about the spatial data unit, this is really about the analysis and bringing the whole agenda together on the levelling-up missions, to be able to start driving down the inequality that exists across our society, which is so damaging to our nation and to people across the country. I will not push the new clause to a vote—I am sure that it will return at later stages of the Bill—but I ask her to reflect on how we bring these agendas together. On Second Reading—if we can remember that far back—we were very much talking about trying to bring an agenda together in order to take our country forward. Leaving out really important elements such as this could take us back, not forward. However, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Alex Norris]

I want to put on record for myself and on behalf of my colleagues our thanks to you, Mrs Murray, and your colleagues in the Chair; to the world-class Clerks for all their assistance; to the Doorkeepers and the Hansard Reporters for all their work; and to Government colleagues, both Front Benchers and Back Benchers, for the discussions and debates. I know that they have been lengthy, but that is because the Bill is important, and we appreciate the spirit in which that has been done. I extend that to the Government’s officials, as well as our own staff. I am very grateful. Thank you.

[Dehenna Davison]

For fear of this sounding like an Oscars acceptance speech, I have an awful lot of thank yous to say. First, I express my sincere thanks to the shadow Ministers. This is my first Bill Committee as a Minister. Hopefully it will not be my last, but given today, who knows? I thank them for the very constructive and warm way in which they have engaged with me, and with my colleague beside me, the hon. Member for North East Derbyshire, on the Bill. There are some incredibly important debates to have. We have had some of them, and I know that many more happened before I took over as the Minister in this area. The fact that they have all been conducted in such a constructive and jovial way is something that I am certainly very grateful for.

I am also incredibly grateful to the officials who got us briefed on the Bill and got us through it, and to the Clerks and all Chairs of the Committee, including you, Mrs Murray. I am very grateful to members of the Committee of all colours for the spirit in which we have conducted it today, and to Whips past and present, Parliamentary Private Secretaries past and present, and Doorkeepers. I think I have pretty much everyone covered. A huge thank you from me. I am delighted to see the Bill through to the end of Committee stage.

Question put and agreed to.

Bill, as amended, accordingly to be reported.

Levelling-up and Regeneration Bill (Twenty Fourth sitting)

Alex Norris Excerpts

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

It is a pleasure, as ever, to serve under your chairmanship, Mr Hollobone. The temporary streamlined route for pavement licences implemented in 2020 has been successful in supporting the expansion of outdoor dining during the covid-19 pandemic and the economic recovery. To continue supporting the hospitality sector, and to encourage better use of our high streets for our communities, we are making that measure permanent.

Clause 184 inserts a new schedule that amends the Business and Planning Act 2020, making the measure permanent subject to the amendments set out within the schedule. The clause is necessary to ensure that businesses, communities and local authorities have a sustainable process going forward, which balances the interests of all and enables better use of outdoor spaces. I commend the clause to the Committee.

Question put and agreed to.

Clause 184 accordingly ordered to stand part of the Bill.

Schedule 17

Pavement licences

[Alex Norris (Nottingham North) (Lab/Co-op)]

I beg to move amendment 199, in schedule 17, page 321, line 27, at end insert—

“(A1) In section 1 of the 2020 Act (Pavement licences), in subsection (5)(b) at end insert ‘but includes any part of a vehicular highway which is adjacent to a highway to which part 7A applies.’.”

This amendment would enable the pavement licence to include part of the carriageway, where the carriageway were adjacent to, for example, an eligible pavement. This would enable a licensing authority to grant licences which occupy part of the highway shared between space for pedestrians and vehicles.

It is a pleasure to resume debate with you in the Chair, Mr Hollobone. We support the principle of pavement licences, along the lines of the Minister’s introduction, but we have tabled a few amendments that would enhance them. We are interested in getting some views on the amendments, to ensure that the scheme works as well as it can, taking into consideration concerns about its implementation, whether of road users, walkers, businesses or disabled people. We need to ensure that all voices are heard, and the Bill provides a good moment to do so. As the Minister said, this was a very challenging time for business, but having gone through a dreadful couple of years of collective sacrifice we should seek to grab whatever good we can get from it.

One of the issues, with the benefit of hindsight, with the Business and Planning Act 2020, which legislated for pavement licences, is that a licensed area may take up part of the pavement but not part of the carriageway unless vehicles are already restricted or excluded from it. The existing provisions therefore protect vehicular space but reduce pedestrian space, which is contrary to the aims of “Gear Change”, the vision of the Department for Transport to make England a great walking and cycling nation. If it is right to license extra space for use for commerce, I do not think that we should put a blanket limitation on the nature of the space available, and not include highways when local space could sensibly accommodate it. Again, it would be a matter for local discretion whether it was reasonable to encroach on the space used primarily by motor vehicles, not just by pedestrians.

The amendment would allow a pavement licence to use part of the carriageway adjacent to a pavement. Local authorities would then be able to decide where it was appropriate to allow use of the carriageway. We would expect them to refuse the use of busy roads, but perhaps to license space in other roads and to use road furniture creatively, just as a build-out can accommodate a bus stop, to ensure that the space is still available in its usage. The amendment would empower local authorities, which know best in this regard, to make the decision, thereby giving a bit of flexibility. I am interested in the Minister’s thoughts.

[Dehenna Davison]

The Government are incredibly supportive of provisions making it as easy as possible for businesses and authorities to facilitate outdoor eating and drinking through the use of the streamlined pavement licence process. I am grateful for the shadow Minister’s broad support for this measure.

There are already a number of ways in which a local authority can consider the pedestrianisation of a street—for example, through traffic regulation orders under the Road Traffic Regulation Act 1984 and through a pedestrian planning order under section 249 of the Town and Country Planning Act 1990. That includes facilitating the placement of furniture on the highway for al fresco dining. The regimes already in place to consider pedestrianisation include important processes to allow the consideration of any issues, including whether vehicular access is required at any time of the day. Pavement licences can then be granted for highways that have been considered under those processes. We have seen the success of that in practice across the country, including in Soho in London and in the Northern Quarter in Manchester, so I kindly ask the shadow Minister to withdraw his amendment.

[Alex Norris]

I am grateful for the Minister’s answer. I felt that there was a contradiction, however, because she started by talking about a desire to streamline the process, but it was explained essentially as a double process. Not only will there be a pavement licence process, but the local authority will then have to do the other process that she detailed in order to change the use of the space. I am not sure that that is streamlined. Nevertheless, the facility is there to do it and I think that I have made my point, so I will not labour the argument any further. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 204, in schedule 17, page 322, line 7, at end insert

“, together with any profit share, the maintenance fee and the cleansing fee”

This amendment and Amendment 205 would enable the local authority to share in the additional profit accruing from a licence enabling the licensed business to trade on the highway, and to recharge to the licensee the cost of maintaining and cleansing the licensed part of the highway.

[The Chair]

With this it will be convenient to discuss amendment 205, in schedule 17, page 322, line 10, at end insert—

“(1C) In subsection (1A)—

(a) ‘the profit share’ is such sum as the person who applies for a pavement licence, as part of an entity employing more than 250 people, and the local authority may agree represents one half of the additional profits arising from the grant of the licence during its term, or such sum as the local authority may reasonably determine to represent that amount in default of agreement;

(b) ‘the maintenance fee’ is such sum as the person who applies for a pavement licence and the local authority may agree represents the cost of maintaining that part of the highway comprised in the licence during its term, or such sum as the local authority may reasonably determine to represent that amount in default of agreement;

(c) ‘the cleansing fee’ is such sum as the person who applies for a pavement licence and the local authority may agree represents the cost of sweeping and cleansing that part of the highway comprised in the licence during its term, or such sum as the local authority may reasonably determine to represent that amount in default of agreement.”

See explanatory statement to Amendment 204.

[Alex Norris]

A highway is part of the public realm. Every publicly maintainable highway is, under section 263 of the Highways Act 1980, vested in the highway authority. Pavement licences and the granting of public space to be used by private business must therefore strike the balance between commerce and the community.

Let us consider a very foreseeable example. Let us suppose that a large, national chain of pubs with an extensive frontage on a street—perhaps a pedestrianised street—seeks a licence for the use of that street for seats and tables. That, in and of itself, is a good thing. I love a decent pub garden. My hon. Friend the Member for Greenwich and Woolwich always complains that I make him stand outside. I hate being inside in a pub; I like being outside, and I suspect that there are a significant number of like-minded people who may wish to vote with their feet, so it is good that we are offering this facility. However, we should understand that it may well be a highly lucrative endeavour for the business. The business increases its capacity to trade, particularly in summer. We know that some of the very big chains can increase turnover by significant sums in this way.

At the moment, the local authority can charge a fee for the pavement licence. This Bill amends the fee from £100 per application under the 2020 Act to £500 for a new application and £350 thereafter for repeat applications. We say that this is a step in the right direction, but it is not likely to do much more than meet some of the administrative, monitoring and enforcement costs. Of course the public, under this process, lose their right of access to the area and, unless they are customers of the licensee, they do not gain any benefit from it, but, as I said, the licensee can derive significant benefit, so we have to try to find a balance, which is what I am seeking to do in amendments 204 and 205.

We know that things are tough enough, particularly for small and medium-sized businesses—often the local independents that populate much of our high streets—so I have removed them from this proposal by using the 250-staff threshold that the Government used with regard to calories on menus. I think that that is where I divined that they draw the line for small and medium-sized businesses. I would be interested to hear from the Minister whether she felt that that was not the case, because I am seeking to target the proposal particularly on larger companies, which perhaps can afford to pay a bit more.

It is incumbent on us to drive a hard bargain for our constituents and for a fair deal for this use of space, because the local authority will retain its obligation to cleanse, drain and maintain the street. Indeed, with more outside activity, the need for that could grow. It is important that those costs are reflected. Even when the licence is granted, the authority does not just offload its duties and obligations in this respect. Therefore these amendments would secure for the local authority a share in profits arising.

It is probably important to say at this point that these are probing amendments. There might be a different mechanism by which we could secure this outcome. If the Minister is minded that way, I certainly would be too, so I am interested in her views. I think that, in this process, a balance has to be found between private enterprise and the public interest and I do not think that we have quite found it yet, although what is in the Bill is a welcome move in that direction. I just wonder whether we can go a little further.

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a continuing pleasure to serve under your guidance this morning, Mr Hollobone.

The amendment moved by the official Opposition gives us something to consider. For someone who represents an area such as Cumbria, where it is always sunny and al fresco dining can therefore happen at any time throughout the year, it is hugely significant. One of the learnings in the development of the pandemic that could have a positive ongoing legacy is the move towards dining and drinking outside, and making better use of the public realm. That is a positive thing.

Let us remember that pubs in particular have never been under more pressure than they are now. We lose many every week, with people losing their livelihood and communities the thing that holds them together. It is deeply troubling to see that happen. We should allow smaller pubs especially to gain the full benefit of anything that they can from the provisions allowing use of the pavement and parts of the highway to expand capacity and therefore increase profit.

I agree, however, that with larger employers and businesses we absolutely need to ensure shared benefit from the development for two reasons. First, we are giving local authorities more responsibilities. Planning departments—we have discussed this throughout the Bill—have an enormous role to play in ensuring that communities have genuine power. If we are devolving power to communities, we have to allow planning departments that work on behalf of those communities the resources—the scope—to be able to enforce their rules. This is an additional responsibility, so we should enable additional finance to go to the planning authorities to make sure that they can uphold the rules, protect the community and ensure that the costs to the local authority, the community and the council tax payer for highways, refuse collection and other things are borne jointly.

Secondly, many people will observe that throughout there has been a disconnect between the interests of the local authority and the business community. The proposed measure would integrate them—the fact that there is joint benefit shows that it is in the interests of the council tax payer and the business rate payer to do the same thing. Organised synergy is almost a consequence of the two amendments, which is why they are important. I hope that the Government will take them seriously.

[Dehenna Davison]

The thing that is most wonderful about today is that only seven minutes into the Committee’s sitting, we have found some cross-party agreement, which is on the quality and value of a good pub garden. I hope that at some point we can share a pint in one, when the Bill Committee is over.

Clearly, in my last few trips, I have been in Cumbria on those incredibly rare rainy days, but the hon. Member for Westmorland and Lonsdale made a good point that pub and hospitality businesses are under pressure. According to our most recent stats, 73% of hospitality firms have outstanding debt as a result of the pandemic, so at this point we really do not want to put additional undue pressure on businesses.

In developing the proposals to make the streamlined pavement licensing process permanent, we have worked closely with local authorities, business, leaders of the hospitality sector and the community. That is why we are increasing the fee cap from £100. We will take detailed analysis of the actual cost to create a sustainable process, which will cover the cost to local authorities of processing, monitoring and enforcing the powers, while remaining affordable and consistent for businesses around the country. Businesses have seen inflated fees reaching thousands of pounds per application under the previous process.

Local authorities maintain flexibility to set fees at any level under the fee cap, to respond to local circumstances. For example, we have seen some areas make licences completely free in order to support their local high street. At a time of rising costs, we are not seeking to impose additional charges on business, in particular given that the hospitality industry was one of the hardest hit by the pandemic. On that basis, I ask the hon. Member for Nottingham North to withdraw his amendment.

[Alex Norris]

I am grateful for the contribution of the hon. Member for Westmorland and Lonsdale. His point about joint benefit is a good way to characterise this—we do not envisage a situation in which business and local authorities scrap it out, but take a sharing approach, with the benefit going to local rate payers as well.

I am also grateful for the Minister’s response. She addressed well the point on cost, and we would not want local authorities and therefore rate payers to be out of pocket for the processes, so there should be cost recovery. However, I do not think she has addressed the point on the enhanced value through use of a public asset. As drafted, the amendment is not quite ready for inclusion in the Bill, but I hope that the Minister will reflect further on the point that it makes. We will certainly return to it in due course, but for the moment I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 200, in schedule 17, page 322, line 19, at end insert

‘(2B) In subsection (7), for “it is sent to” substitute “a receipt for the application is sent to the person who applies for a pavement licence by”.’

This amendment would cause the public consultation period to begin from the date on which the local authority sends a receipt to the applicant.

[The Chair]

With this it will be convenient to discuss amendment 201, in schedule 17, page 322, line 30, leave out ‘14’ and insert ‘28’.

This amendment would amend section 2 of the 2020 Act so that the consultation period for licence applications would be 28 days, rather than 14.

[Alex Norris]

Under the current provisions of the 2020 Act, the application and consultation process for a pavement licence do not adequately protect the public interest, particularly with regard to having suitable time to engage in a consultation. As it stands, the process is such that the applicant for the licence must immediately display a notice on their premises. The date of the application is the date on which it is sent to the local authority and that display is made. The local authority must then publicise the application for public comment. The public consultation period lasts seven days, starting the day after the application has been made. The Bill amends that to 14 days—that is welcome—but that is the sole change to the process. We think the process could be further improved and my amendments seek to do that.

Amendment 200 delays the date on which the application is deemed to have been made until the local authority issues a receipt. That delays the start of the clock on the public consultation period until the local authority has been able to act and do something about it. Amendment 201 builds on the increase to 14 days and instead increases the period to 28 days, therefore protecting the public with such a period of engagement. As the 2020 Act currently applies, if the local authority fails to publicise the application until a week after receipt, the public have no time to respond. That is assuming that they have not seen the site notice, and we know there is a challenge there. That cannot be right or fair for the public, and is probably reflected in the decision to move to 14 days. However, we still think that is not enough time, especially if we consider that we are often talking about the summertime. We know local authorities already have limited resources. If the appropriate officer is away or unavailable, there might be a delay to that process, when the clock is running down and the public do not know that.

That is worthy of consideration in and of itself, to ensure that the right balance is struck regarding the public interest. I am also interested in the Minister’s views on the following matter. In the 2020 Act, section 3(6) says that there may be circumstances in which the granting of a licence would have unacceptable effects on the use of a highway. That makes sense because, otherwise, why have a process? There are circumstances where the answer might be no. However, at the moment, if the local authority does not act quickly enough, the licence is granted notwithstanding those effects. There is a contradiction there. Can the Minister say whether the Government wish to draw the line at 14 days? Is it clear that there could not be a situation where what ought to be a rejected grant could, through delay, be granted anyway?

[Dehenna Davison]

I thank the shadow Minister for his clarity on the purpose of his amendments. The pavement licence process that we are seeking to make permanent has been successful over the past few years because it provides a simpler and more streamlined process to gain the licence. We feel that the amendments would place unnecessary new administrative processes on local authorities by requiring a receipt to be sent to all applicants. They also have the potential to create a delay in the process, meaning that licences could take longer to be determined should receipts not be processed within reasonable timescales. We are, however, seeking to double the consultation and determination periods, compared with the temporary process, to ensure that communities have sufficient opportunities to comment on applications.

We have worked closely with stakeholders, including groups representing disabled people, local community groups, businesses and local authorities, in considering the consultation period when making the streamlined pavement licence process permanent. In working with those groups, we have sought to achieve a balance between a quick and streamlined process and ensuring that process is sustainable for the long term and gives communities an opportunity to comment on applications. That is why we are setting the consultation period at 14 days—double that of the temporary process. We feel that the amendments would create a slower process than that which it replaces, adding unnecessary administrative burdens for local authorities.

The shadow Minister is correct that if the local authority does not decide within the 28 days, the licence will be deemed granted, but local authorities still hold control, as they are able to publish conditions in advance that will automatically apply to any deemed licence. That provides an additional layer of protection, so I kindly ask him to withdraw the amendment.

[Alex Norris]

I am grateful for that last point on protection, which addresses the issue. Where there is a difference is that the Minister characterises this as a possible delay in the process. I would say that that is the whole purpose. Our interest is in ensuring that the public get the full time to have their say. It is welcome that there has been consultation with groups who take an interest in this matter. I would be slightly surprised if the consensus among them was that less time is better, or that the weird period where the application has started and they just do not know about it is a desirable use of the first two or three days of the 14, but I might have to test that with them outside the Committee. However, that is probably a point to return to in due course, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 203, in schedule 17, page 322, line 31, leave out paragraph 7 and insert—

“7 (1) Section 3 of the 2020 Act (determination) is amended as follows.

(2) After subsection (8) insert—

‘(8A) A local authority, in deciding whether to grant a pavement licence under subsection (3), shall have regard to the desirability of maintaining the free flow of pedestrians and other road users along the highway, and the avoidance of inconvenience to such persons.’.”

This amendment would confer discretion on a local authority to have regard to the needs of road users in deciding whether to grant a pavement licence.

As I said in the previous debate, under the 2020 Act the local authority can refuse to grant licences that prevent traffic from passing along the highway or that inhibit the passage of, say, mobility scooters. However, the Act is not clear—I want to test the Minister’s views on this—about whether a local authority can refuse a licence that inhibits or unduly influences the free flow of people or their enjoyment of the public amenity. For example, what if an authority believed that the use of the licence would substantially interfere with the free flow of pedestrians or cycles at a peak time or deprive people of the use of street facilities such as benches? If residents living nearby, or in flats above shops, would be disturbed by the use of the licence above and beyond what we would normally expect under the alcohol licensing process, would an authority be able to refuse the licence on that ground alone? The Government’s guidance states that

“1500mm clear space should be regarded as the minimum acceptable distance between the obstacle and the edge of the footway”,

but 1.5 metres is not a particularly generous allowance in a shopping street. Would the Minister be comfortable with a local authority seeking more than that?

The amendment proposes a solution to the examples I have listed. It proposes that an authority should be able to refuse a licence if the use of it would interfere with pedestrian flow—for example, if it would leave the pavement so narrow that pedestrians might feel they had to step into the carriageway to pass each other, which obviously is not very desirable. I am keen to test the Minister’s views on that, and to get on record the level of flexibility that local authorities have to balance the enjoyment of the amenity across various, possibly competing, interests.

[Dehenna Davison]

I thank the shadow Minister for raising an important issue that local authorities must consider when determining applications, which is the continuing flow of pedestrians and other road users on the highway. The Business and Planning Act 2020 already requires that local authorities take that into consideration when determining applications through section 3(6), and it prevents licences from being granted where they would prevent pedestrians or other non-vehicular traffic from entering or passing along the highway or having normal access to premises adjoining the highway.

Ensuring that pavements remain accessible to everyone, including disabled people, is a condition of the temporary pavement licences issued by councils. Where that condition is not met, licences can be revoked. To provide some reassurance, we have worked with the Royal National Institute of Blind People and the Guide Dogs for the Blind Association to refine the guidance to ensure that local authorities consider the needs of people who are blind when setting conditions and making these decisions.

We have carefully considered the issue of minimum distances, which the shadow Minister raised, and we judge that we should leave some room for reasonable local discretion, given the different physical environments involved. However, we have made it clear that 1.5 metres will be the minimum acceptable width in most circumstances. We therefore resist the amendment on the basis that the existing legislative framework already requires local authorities to consider these issues, and they cannot grant a licence if pedestrians are prevented from using the highway as they usually would. I therefore kindly urge the shadow Minister to withdraw his amendment.

[Alex Norris]

I am grateful for that answer. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 202, in schedule 17, page 322, line 32, leave out “14” and insert “28”.

This amendment would allow a local authority 28 days to determine the application, instead of 14.

If this feels a bit like a replay of the debate on amendments 200 and 201, I assure colleagues that it is slightly different—they might just have to squint to see that.

At the moment, the Bill retains the stringent regime whereby a local authority must determine an application for a pavement licence within a fixed period. Formerly, that period was seven days; it will now be 14 days. If the local authority fails to do so, the application is deemed to have been granted. Labour wanted to extend the period for consultation purposes, but we have not succeeded. I want to test the point of potentially amending it to give the local authority

“28 days to determine…instead of 14”,

as it says in amendment 202.

We remember well the quick passage of legislation during the early knockings of the pandemic. As the Minister said, the industry was struggling and we needed to support it, and quick action was integral to that. The times for consultation and determination in the 2020 Act reflected that, but now that we do not have such time pressures, it is reasonable to expect a little more time for determination, not least because local authorities are hard-pressed. They will probably have only a single person, not teams of people, working on these applications.

The two-week period would not align with most applications people might make to their local authorities. For example, it would certainly not align with an alcohol licence—ordinarily, that would not be determined in 14 days, and it definitely would not be deemed to be granted if the clock had run out. Labour feels that having a little more time—28 days, rather than that two-week period—would give space for creative solutions in line with those the Minister set out in the previous debate and would ensure a fair balance between the business, the public and the local authority.

[Dehenna Davison]

We have worked closely with stakeholders, including groups representing disabled people, local community groups, businesses and local authorities, in considering the determination period when making the streamlined pavement licence process permanent. In working with those groups, we have sought to achieve a balance between a quick and streamlined process and ensuring that the process is sustainable for the long term and gives local authorities sufficient time to consider any issues and determine the application. That is why we are setting the determination period at 14 days—double that of the temporary process.

I refer the shadow Minister to comments I made on the previous amendment. Local authorities can publish conditions in advance, which will automatically apply to any deemed licence. However, even if a licence is granted, local communities will still be able to contact local authorities about any concerns they have, and authorities will have enforcement powers to tackle any issues raised. We deem that the period is lengthy enough, but local authorities will of course continue to have those enforcement powers should any issues arise. We fear that the amendment would create a slower process than that which it replaces. I therefore urge the shadow Minister to withdraw it.

[Alex Norris]

It absolutely would create a slower process, but that was the intention. I will not press it to a Division, but I hope the Minister will reflect on the fact that it seems considerably out of kilter with other decisions of this nature that are made for licences and permits. I cannot think of another that would be as quick as 14 days, with a deemed acceptance if the clock runs out. In those others cases—say, for a parking permit or an alcohol licence—there is good reason to have a little time for reflection, and I think those reasons probably apply here.

This is perhaps not a point to labour any further today, but I hope the Minister will keep thinking about it. We could be in danger of being just a little too streamlined. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 206, in schedule 17, page 323, line 5, at end insert—

“(8A) (1) Section 5 of the 2020 Act (conditions), is amended as follows.

(2) After subsection (7) insert—

‘(7A) The conditions to which a licence granted by a local authority may be subject include—

(a) a condition that any furniture which may be placed on the highway under the licence must be removed from the highway at times when the premises are not open to the public;

(b) a condition that, where the furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence-holder must ensure that smoking or vaping does not affect others.’.

(3) After subsection (8) insert—

‘(9) But regulations under subsection (8) must not prevent a local authority imposing a condition, nor affect a condition imposed by a local authority for the purposes of subsection (7A)(b).’”

This amendment would allow a local authority to require that furniture is removed from the highway when it is not in use, as well as imposing a condition to require the licensee to prevent smoke-drift affecting those in the vicinity.

Me again. Sections 5(4) to (6) of the 2020 Act cover the imposition in a licence of a “no-obstruction condition” and a “smoke-free seating condition”. These conditions require the licensee to avoid the effects specified in section 3(6), including

“preventing traffic, other than vehicular traffic, from…passing along the relevant highway”

and to make reasonable provision for seating where no smoking is permitted. The Bill does not affect these requirements, which the Opposition support. However, we might want to tighten up these provisions to ensure they have the desired effect.

Local authorities are already required to impose a smoke-free seating condition to ensure that reasonable provision is made to accommodate non-smokers. A smoke-free seating condition, however, does not give the public, people using the highway or neighbouring premises, or people living above the premises explicit protection to ensure that their enjoyment of the amenity is not affected by people smoking. Smokers are more likely to go to outdoor tables because they cannot smoke inside, and that can throw down a gauntlet, in that the public have to run through a cloud of smoke.

Amendment 206 would expressly enable local authorities not just to lay down conditions about smoke-free seating, but to require in those conditions that the licensed area should not affect passers-by, neighbouring shops or homes. If, for example, there are flats above a café, a condition could require steps to avoid the occupiers being affected by smoke drift. We are seeking a balance, so that people using a highway can do so peacefully and with the full enjoyment of the amenity. I hope the Minister will say that local authorities can already do that, but if that is not the case and if this amendment is not the right answer—though I think the principle is likely one that is shared—how do local authorities ensure that balance for people?

[Dehenna Davison]

I thank the shadow Minister for his dedication on this point. Pavement licences may be granted subject to any condition that the local authority considers reasonable, as set out in section 5(1) of the Business and Planning Act 2020. We are aware anecdotally of conditions that would, for instance, require licensed furniture to be removed when not in use and that go further than our national smoke-free condition.

We are all about empowering local areas and relying on local leadership. That is why we consider that local authorities have the local knowledge and appropriate powers to impose such conditions, should they consider that necessary. A number of local authorities have already implemented local smoking ban conditions for outdoor seating, including the City of Manchester, Newcastle and North Tyneside, so it is clear that local conditions can be implemented where it is appropriate and desired. On that basis, we do not think it is necessary or appropriate to create national conditions, and there are circumstances where it may not be necessary or appropriate on a local level. I would therefore ask the shadow Minister to withdraw his amendment.

[Alex Norris]

I am grateful for that very clear answer. There are areas where this is still a point of debate. I think the Minister’s answer alone will resolve that. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 207, in schedule 17, page 324, line 19, at end insert—

“(4A) If the person leaves or puts removable furniture on the relevant highway in contravention of the notice, the local authority may issue a fixed penalty notice of £500 to the person in accordance with guidance issued by the Secretary of State.

(4B) Subsection (4A) applies whether or not the local authority has taken the action specified in subsection (4).”

This amendment would enable local authorities to issue £500 fixed penalty notices to persons who leave or put removable furniture on a street in contravention of a notice.

[The Chair]

With this it will be convenient to discuss amendment 208, in schedule 17, page 324, line 19, at end insert—

“(4A) It is an offence to leave or put removable furniture on the highway in contravention of a notice issued under subsection (3).

(4B) A person guilty of an offence under subsection (4A) is liable on summary conviction to a fine.

(4C) A person may be prosecuted for an offence under subsection (4A) notwithstanding whether or not the local authority has taken action against the person under subsection (4).”

This amendment would make it an offence to contravene a local authority notice requiring a person to remove furniture or to refrain from putting it on the highway.

[Alex Norris]

This is my final amendment to schedule 17. This is a really important point, and I hope to find the Minister in listening mode. The provisions in part 10 of the Bill have addressed many of the problems with the temporary regime for pavement licences and have given local authorities a bit more say and strength in this matter. That is very welcome.

However, under the temporary regime we are seeking to replace, many licensing authorities highlighted the challenge of not being able to adequately enforce the regime they are overseeing, with district councils issuing licences under the temporary regime, while enforcement powers remain with county councils under the Highways Act. A couple of the answers the Minister has given have relied on enforcement, so the enforcement point is important. For example, if a premises puts tables and chairs outside its business without a licence, the licensing authority is not the one that can take action; it needs the highways authority to do that, so it already gets a little complicated.

--- Later in debate ---

[Dehenna Davison]

The Government recognise the importance of having a system that can be properly enforced to deter and tackle the unauthorised placement of furniture. Powers introduced in the Bill enable local authorities to serve notice requiring that businesses remove furniture that has been placed on the pavement without a licence. If that notice is contravened, local authorities can remove furniture themselves or issue an instruction to have it removed, and can then recover the costs of that and go on to sell the furniture and retain the profits.

The Government’s position is that the introduction of the powers proposed will lead to appropriate protection of our communities by giving local authorities powers that work as a deterrent and to directly tackle issues where notices are ignored, ensuring that the licensing system operates appropriately. Ultimately, local authorities will still have the power to revoke a licence.

It is also important to note that highways authorities already have powers in the Highways Act 1980 to tackle obstructions on the highway. That includes section 148, which creates an offence of depositing, without lawful authority or excuse, things that cause interruption to users of the highway.

The shadow Minister mentioned some of the groups that he has worked with, and I would be delighted to sit down with him to discuss their response. However, at this stage, I ask him to withdraw the amendment.

[Alex Norris]

I am grateful for that. It is of note that those who know of what they speak in this area, particularly on a day-to-day basis, feel the way they do. However, the Minister’s offer is a good one and I will take her up on it. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 17 agreed to.

Clause 185

Historic environment records

[Rachael Maskell (York Central) (Lab/Co-op)]

I beg to move amendment 130, in clause 185, page 190, line 2, leave out “an historic environment record” and insert

“or have access to an historic environment record and adequate specialist advisory capacity”

This amendment is intended to ensure that all current models for service provision of HERs are covered by the provisions of Clause 185 and that HERs have access to specialist archaeologists and conservation officers.

It is a pleasure to serve with you in the Chair, Mr Hollobone. We are making good progress. Although the provision in the legislation on historic environment records is good in itself, it simply does not go far enough. My amendment calls for specialist archaeologists and conservation officers to be engaged in the planning process to a greater degree.

Historic environment records extensively map the physically accessible historic environment and archaeological areas. However, they do not come with a voice, a brain or context. The amendment, which is supported by those who work in the field, recognises the unique importance of specialist archaeologists and conservation officers in the process and the need to draw on their skills and expertise to advance the understanding of a site, which often is missed when just looking at historic records.

Although HERs are an important starting point, it is about the interpretation of the relevance of a site and using that specialist knowledge combined with the records that makes a significant impact on the site and makes it significant. Eighty areas in England are covered by HERs; two thirds of records are held online and are accessible via local authorities. An archaeologist can interpret the HER data, bringing it to life, placing it into context and giving the site relevance, weighing the possibilities and asking the challenging questions about that site: why is it there? What is it about? How does it impact on us, past and present?

I use York as an example of the discoveries made, because there have been so many incredibly significant finds in the city that have led to further exploration and understanding of the context of our history. Ensuring that we engage specialist archaeologists and conservation officers extends the understanding of our past and the influences on us. In York there have been so many finds on the Coppergate site. People think about the Jorvik centre, but behind that is the understanding of our city as an international place of trade, and what that meant then and today for diversity in our country and where we all come from. Those issues are so important in the archaeological context, but we would not get that from an HER. That is why it is so important to extend the legislation to ensure that we have those minds and that knowledge applied to the records, to ensure that there is significance.

I think about the Richard III finding in Leicester. Had the minds not been there, that site could have so quickly been missed. Yet the discovery of Richard III has given a huge economic opportunity for that city, not least from tourism. It is important that the skills that we have educated people in, which they have applied in their science and their art, can be brought into the process. That will ensure that we have the specialist archaeological and conservation officers’ engagement with the historic environment records, which will give real value to this process and ensure that we are not just looking at a paper exercise, but using the science and arts of archaeology and conservation to ensure the value of that site and build it into the identity of the community.