(3 weeks, 2 days ago)
Lords ChamberMy Lords, I thank the noble Baronesses, Lady Jones of Moulsecoomb and Lady Hayman, for their amendments relating to minimum energy efficiency standards, and the noble Baroness, Lady Bennett—who I think described herself as the Green night owl—the noble Baroness Lady Grender and the noble Lord, Lord Jamieson, for contributing to the debate.
I turn first to Amendment 259 in the name of noble Baroness, Lady Jones of Moulsecoomb. This amendment would allow information given to local authorities by tenancy deposit scheme administrators to be used by local authorities for a purpose connected with their functions under the Energy Act 2011, including enforcement against breaches of minimum energy efficiency standards under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. I reassure the Committee that local authorities are already equipped to enforce the private rented sector minimum energy efficiency standard of an EPC rating of E.
In February, a consultation was published to amend regulations and raise energy efficiency standards in the private rented sector, addressing fuel poverty and carbon emissions. The consultation proposes that local authorities will be empowered to issue fines of up to £30,000 for non-compliance with the new minimum energy efficiency standards in the private rented sector. To respond to the point from the noble Baroness, Lady Grender, officials from the Department for Energy Security and Net Zero are exploring support for enforcement in collaboration with stakeholders, including local authorities.
Local authorities often identify non-compliance during other property engagements and can take appropriate action. A local authority may issue a compliance notice to a landlord suspected of breaching the energy standard. If the landlord fails to comply, the authority has the power to issue a penalty notice. Of course, I recognise the value that data plays in aiding enforcement, which is why we have widened access to information for other enforcement purposes through the Bill. For these reasons, I ask the noble Baroness, Lady Bennett, on behalf of the noble Baroness, Lady Jones of Moulsecoomb, to withdraw the amendment.
Amendment 274, from the noble Baroness, Lady Hayman, would require the Secretary of State to publish a road map for scaling up private finance initiatives to support the funding of energy-efficiency improvements in privately rented homes within six months of the passage of the Bill. I strongly support improvements to energy efficiency in privately rented homes. The Government have pledged to take action to stand with tenants and deliver the safety and security of warmer, cheaper homes. In February, we published our consultation on improving energy-efficiency standards in the private rented sector in England and Wales. The consultation closed on 2 May. We are analysing the responses and expect to publish a government response later this year.
I appreciate the intention behind the amendment, as we recognise the important role that private finance will play in supporting the private rented sector to meet the proposed energy-efficiency standards. We are currently considering the consultation feedback and options to further support landlords to make the necessary improvements to their property. I believe that the amendment is not necessary as the information on support, including private finance to fund energy-efficiency improvements in privately rented homes, will be available shortly.
My Lords, I thank the Minister for her response and everyone who has taken part in this short debate, which was marked by a remarkably strong degree of agreement. Everyone agrees that home energy efficiency is something on which we really need to take vital action. I was reminded of a stat, which I learned probably a dozen years ago, that British homes were, in terms of energy efficiency, the second worst in Europe, behind Lithuania. I am not quite sure how Lithuania has done in those 12 years since then, but I know that we have made very little progress.
I will briefly pick up a couple of technical points. The noble Lord, Lord Jamieson, and the Minister both talked about local authorities having enforcement powers or, indeed, enhanced enforcement powers. But you can take enforcement only when you have the information—the data—that enables you to know when to take action. Just guessing which might be the homes that are not great is not a really effective way to proceed.
I thank the noble Baroness, Lady Grender, for the Lib Dem support for this amendment and also for embracing Kirklees. Everyone wants to embrace Kirklees, and really where we want to get to is a situation where we can embrace every town and city in the country with the same kind of project, particularly with those street to street-type arrangements.
I have one final comment. The noble Baroness, Lady Hayman, spoke about long-term policy certainty, which reminded me of going—I think it was in 2012—to the Insulate UK presentation. It was the insulation industry’s annual expo, and the whole industry was shutting down because the funding had disappeared. That boom-bust, boom-bust has been an enormous problem. We have not mentioned this yet, but, of course, we are talking also about huge numbers of opportunities, particularly for small independent businesses in every town and city up and down the land, if we find the funding and if we find the data and the push to make it happen.
I reserve the right to come back to this to look technically at the details, but in the meantime, of course, I beg leave to withdraw the amendment.
(3 weeks, 4 days ago)
Lords ChamberMy Lords, I thank the noble Baroness, Lady Jones of Moulsecoomb, for tabling Amendment 206, ably supported by the noble Baroness, Lady Bennett, who moved it, and I thank the noble Baronesses, Lady Coffey and Lady Scott, for taking part in the debate.
Amendment 206 would allow a tenant to pay rent to the ombudsman rather than their landlord if the landlord had failed to meet legal requirements on housing quality. I strongly agree with the desire of the noble Baroness, Lady Jones, to ensure that landlords remedy hazards in good time—we all know the outcome when that does not happen—but I feel that the Bill’s existing provisions are the best way to achieve that. The Bill will allow private rented sector tenants to challenge their landlord through the courts if they fail to comply with the Awaab’s law requirements, such as timescales for remedying hazards. Alongside that, it will allow us to apply the decent homes standard to the private rented sector, which is an important move.
The PRS landlord ombudsman will provide a new route of redress for tenants and will be able to investigate complaints about standards and repairs. The Bill will also strengthen rent repayment orders, including by increasing from 12 months to two years the amount of rent that a tribunal will be able to award a tenant. Tenants can seek rent to be repaid where a relevant offence has been committed, including offences related to housing standards, such as failing to comply with an improvement notice.
The amendment has the potential to be administratively complex and risks unintended consequences that might lead inadvertently to worse outcomes for tenants. For example, rent being held by the ombudsman could delay repairs in some cases if it made it more difficult for landlords to fund the required works, a point that I believe the noble Baroness, Lady Scott, referred to. Existing measures in the Bill place legal expectations on landlords about the quality of their properties and give tenants access to compensation if their landlords have not met obligations in relation to standards, as well as providing mechanisms through which landlords can be required to carry out repairs. I therefore ask the noble Baroness to withdraw the amendment.
My Lords, I thank the Minister for her response, and those who have taken part in this short but perfectly formed debate. I thank the noble Baroness, Lady Coffey, in particular for her support for the amendment. It is something we might come back to and look at the working of down the track. I also thank her for the fascinating tale of student days which, I think, took many of us back to our own student days. I think there was an expression of support from the noble Baroness, Lady Scott, for the intention if not the exact drafting of the amendment. I would stress that we are not wedded to the precise drafting, as we are in Committee; we would be delighted to work on the detail of the drafting as we go forward.
In response to the Minister’s response, I am afraid there is a phrase that I am sure is in the Civil Service handbook: “inadvertent consequences”. That seems to be the response that every Minister gives. More substantively, what the Minister said is that tenants can challenge through the courts and appeal to the ombudsman, and orders for action can be done. Those are all things that have differential levels of access depending on people’s capacity, people’s awareness, people’s ability to access those things—their time and energy and costs. The action proposed by this Amendment 206, however, is a really straightforward and simple way to give tenants the power to have control and agency for themselves, not relying on other bodies.
Having said all that, this is of course Committee, and I beg leave to withdraw the amendment while reserving the ability to come back on Report.
(2 months ago)
Lords ChamberI absolutely agree with the premise of the noble Lord’s question. The audit situation right across local government, not just in Birmingham, has deteriorated beyond what should be tenable. The audit function assures the public in an area that their council is what I described: legal, decent and fit for purpose. Unfortunately, due to the changes to the audit regime, that is not the case. I was horrified to find that whole of government accounts have been qualified because of a lack of assurance on the local government audit situation. We cannot allow that to continue. The Government are looking at what we need to do about audit. We will bring forward something in the English devolution Bill that covers the audit regime, and we will attempt to make it better than it is now. It is so important that the public can have confidence in the money spent not just by their Government but by local government as well. We will aim to make sure that that is the case. It has been a bee in my bonnet for a long time, and I hope to put it right.
My Lords, in responding to Front-Bench questions, the Minister said that councils must “provide essential statutory services”. One of those statutory duties for councils, under the Public Libraries and Museums Act 1964, is to provide a comprehensive and efficient library service. Birmingham Council is planning to slash library opening hours, cutting them by a third and potentially closing seven libraries in a city where 46% of children are living in poverty and 43% of residents live in neighbourhoods that are part of the poorest 10% in the country. People need libraries for children to do their homework, old people to go somewhere warm and for everyone to access digital services. Does the Minister believe that, with these new cuts to libraries, Birmingham is going to meet its statutory responsibilities, given that it is actually under central government supervision?
The noble Baroness will know of my fondness for libraries, because I am sure she has heard me talk about them before in the Chamber. As I said earlier, nobody stands for election as a councillor to cut any services, particularly libraries, which we know are so important to people.
It is important for residents of Birmingham that their council gets back on a safe and stable financial footing. I add that the potential of Birmingham to contribute to the growth mission and regeneration is enormous. Once the commissioners working with the leadership of the council have stabilised the finances, it will be able to support services. I am very pleased that it has not actually cut all its libraries, as we have seen in some other areas, as the noble Baroness will be very well aware, but the closure of any library is a sadness. Once our Birmingham colleagues have stabilised the finances—and with the growth agenda that they will be able to participate in—I am sure that they will want to restore that service as soon as they can.
We should not underestimate the importance of libraries. I practically grew up in my mobile library; it was a great comfort to me. They are important for all the reasons that the noble Baroness said. I hope that Birmingham will be able to restore them as quickly as possible.
(3 months, 3 weeks ago)
Lords ChamberMy noble friend makes a very good point. I have been working with the parish and town councils and their organising bodies: NALC and the society of town council treasurers. We started on a process of working out their role in this new model. I think it is a very interesting opportunity for them. I know my honourable friend in the other place is very keen on developing the role of community councils, so they definitely have a role to play in this new system.
The other exciting opportunity is for community councillors in this new picture, because they will have exciting opportunities in their local area to drive forward local issues. They will be working with one council, instead of having the split responsibilities that I have experienced during my council life in a two-tier area. So there are great opportunities for both town and parish councils and community councillors.
My Lords, I declare my position as a vice-president of the Local Government Association. The noble Baroness, Lady Pinnock, referred to the iron grip of Whitehall. What we have here is a plan for not devolution but concentration of power, and the Statement says as much:
“the Government will have the tools to ensure delivery. We will create strong accountability measures … to ensure that mayors deliver the housing, transport and infrastructure that their residents need”.
This is explicitly a Statement making mayors the agents of the priorities of central government. If a Green Party mayor was elected with the priorities of improving the health and well-being of the population, focusing on a healthy local food supply, looking after green spaces and biodiversity, tackling poverty and inequality, particularly affecting children and pensioners, and improving local economies built around small independent businesses rather than exploitive multinational companies, would the Government then impose their priorities against those of the local people?
I am sorry, but I think the noble Baroness has misunderstood the wording that she just read out. The point is that the Government will set the growth agenda and say that we want every area of the country to grow, and it will be for mayors to determine how that works in their local area. She is shaking her head, but that is the idea behind the policy. The whole drive of it is that each local area will be driven by people who know it and its economy, people and communities well, and they will take forward the right proposals for growth for their area. If, for example, we look at what has happened in Manchester in terms of its transport schemes and at some of the other mayoral authorities which have developed skills programmes that are relevant to the needs of the local area, I think it is clear that those people acting at local level will best drive forward the growth of this country.
(5 months, 2 weeks ago)
Lords ChamberMy Lords, we all know that 14 years of austerity have left local government on its knees and, in many cases, reduced local government to little more than an agent of the Westminster Government. Huge percentages—almost all spending—are forced to go on statutory measures: that is, what is decided here in Westminster, not what is decided in local communities. Can the Minister tell me, either as a percentage or as a figure, how much extra money will be available in this financial settlement to local councils to spend on the non-statutory elements of their duties, such as protecting local green spaces, supporting and funding local libraries and looking after the local public realm rather than having to make expensive bids for pots of money to be able to improve it? How much non-discretionary money will be in this settlement?
The noble Baroness makes a very good point. I pay tribute to my colleagues in local government, who do an amazing job of continuing to deliver some non-statutory services in spite of the incredible financial pressures they have been under. For example, we still managed to keep a theatre open in my area. That happens all across the country, so all credit to local government for the work it does on this. The noble Baroness mentioned constant rounds of bidding for pots of funding. We think that is wasteful and unnecessary. It just sets authorities up against one another in competing for pots of funding. We will do our very best to get rid of that approach. As we develop the spending review proposals, we will build what local authorities need for the future into core funding.
(5 months, 2 weeks ago)
Lords ChamberI thank the noble Lord. I gave an explanation of how we set the targets in response to the question from the noble Lord, Lord Jamieson. The fact is that everyone and every area has to play a part in this if we are to deliver these challenging housing targets. It is important that the new formula takes account of affordability and the demand for housing in local areas. Where they have challenging targets, it is because there is a demand in those areas, including a demand for more affordable housing.
We all know that statutory consultees play an important role in the planning system, providing advice on technical matters to ensure that new development is good quality, safe and situated in the right place. It is important that statutory consultees play their role too, to ensure that the planning system supports the housing and infrastructure development that we need. We will work with them over the next year to achieve that. Part of our work on the new homes accelerator will be to look at the statutory consultees to try to understand why the delays have come into the system, in relation to the responses of statutory consultees, and to see how we can work with them to alleviate some of those blockages and barriers.
My Lords, I declare my position as a vice-president of the Local Government Association. My first question follows on from that of the noble Baroness, Lady Pinnock, and her focus on social housing and genuinely affordable housing. The Green Party has a target of 150,000 homes a year for that. This Statement is all about so-called affordable housing. Have the Government taken account of the housing Select Committee report from March this year, which looks at the increasing and deeply concerning problems with shared purchase, also known as “part rent, part buy”? That is very much included in those so-called affordable targets. The report finds that
“rents, service charges, and the complexity of … leases make shared ownership an unbearable reality for many people”.
Will the Government take action to deal with this issue, which surely has to be a big part of the affordable housing target?
On the other side of the target issue, are the Government taking adequate account of the physical limits of this country? In Cambridge, a major development was recently turned down because there was no water supply. Many places are thinking about building on flood plains. The flood plain is not beside the river; it is part of the river. Where will we find suitable locations and how will we have the resources needed to make this possible?
I thank the noble Baroness. She will know that we are working through a process—for example, some changes were made to leasehold arrangements. She is quite right to say that the tenure of a property is critical, and we do not want to trap people into tenures that cause them problems. We are working through the process of designing a new Bill on commonhold. Where there are issues with shared ownership, we will look at them. We are trying to eradicate some of the more knotty issues people have had with that type of property ownership. Sometimes people think that they are buying a home, but some elements of leasehold tenure mean that they do not have the ownership of the property that they thought they were buying into. We are very aware of that and have taken account of it, and we will work on that further in the new year as we make our way towards the new commonhold Bill. There will be plenty of opportunity to comment on that as we go through the process.
I turn to the physical limits that the noble Baroness described. I made two recent visits to Cambridge: one to visit the development forum of the noble Lord, Lord Lansley, and another to look at South Cambridgeshire. The great thing is that some very good and innovative solutions are coming up there to look at the water issues. That does not mean that that is everything we need to do, but solutions are coming forward. I do not have time to repeat it all now, but there is a big section in the report about flood mitigation and how we are tackling the issue of flooding. That is all contained in the new NPPF. I hope the noble Baroness will look at that. If she has further questions afterwards, she can by all means come back to me.
These problems are not going away. We need to be creative with the solutions we provide, because we have to build the homes that people need. I add that about 10% of the country is currently built on, while 13% is green belt. There should be land to build these houses on.