Levelling-up and Regeneration Bill
Baroness Bloomfield of Hinton Waldrist ExcerptsWednesday 24th May 2023
(1 year, 5 months ago)
Grand CommitteeRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-XIV Fourteenth marshalled list for Committee - (18 May 2023)
Baroness Taylor of Stevenage (Lab)
My Lords, we appreciate all the reasons powerfully set out by the noble Baroness, Lady Bennett, in her proposal in Amendment 481 to instigate a nationwide assessment of land contamination and put in place steps to mitigate that contamination. The push to use brownfield sites for development, which the noble Baroness referred to, is another key reason why this is becoming even more of an issue. As the noble Lord, Lord Foster, said, there are some practicalities around the resources that would be needed for such a survey, while mitigation might be even more challenging.
As the noble Baroness said, at present land contamination is usually determined at, although sometimes before, the planning stage. The developer is then charged, albeit voluntarily, with ensuring that contamination is cleared before the development can go ahead—except, of course, in Teesside, where the public seem to pick up the tab.
There is a case to be made for employing a polluter pays principle, which might be successful where contamination of the land is relatively recent, but that will not always be the case, so some further thought needs to be given to this. If we are going to carry on using more brownfield sites, we will have more occasions when we need to work out how this will be done. Further consideration is certainly needed for that amendment.
The amendment in the names of the noble Baronesses, Lady Boycott and Lady Scott, my noble friend Lady Young and the noble Earl, Lord Caithness, builds on a truly uplifting initiative that we have seen in many areas recently, where councils designate areas of public land that can be used for community cultivation. I was pleased to hear the fantastic examples from the noble Baroness, Lady Boycott.
In my area, we have some beautiful community orchards, funded through local council budgets, but very much at the instigation of the public and with their support for the ongoing maintenance and cultivation. It was just wonderful to hear a conversation in the orchard in my ward between two gentlemen who had harvested the quince tree—we do not have a lot of quinces in Stevenage but we have a quince tree in my orchard. They had found recipes for quince jelly and were standing there comparing notes about the variable qualities of their quince jelly, which was wonderful to hear. It has also been a real pleasure to see local groups taking on the cultivation and management of small parcels of land to improve the street scene in their own area. In some cases, these are designated as pocket parks; in others, they are operated under the licence to cultivate regulations.
The provisions set out in this amendment are proportionate and sensible in requiring a determination by the local authority of what is meant by community cultivation, how it is to be designated and nominated, the setting of clear parameters around the timescales for which land may be made available—I like the idea of a meanwhile lease on these areas—and the publication of lists of such land. We believe that a provision for community cultivation in this way would build on the initiatives already developing in our communities, provide a welcome but very different element to the ever-popular allotment movement—most areas have long waiting lists, as we have heard—and give residents a real stake in managing and cultivating their local area. In some cases, it would provide a way of growing much-needed fresh fruit and vegetables for the community. The noble Earl, Lord Caithness, referred to the quality of food. These projects of course have a double benefit, which was outlined by the noble Earl in reference to his grandson, because people learn about food as they grow it and then also have fresh food to eat.
With all the objectives of this amendment—healthy food, the environment, well-being, community engagement and meanwhile leases of land not currently being used —I cannot see any reason why it could not be accepted by the Government. I hope that it will be.
Baroness Bloomfield of Hinton Waldrist (Con)
My Lords, in response to Amendment 481 in the name of the noble Baroness, Lady Bennett of Manor Castle, of course this Government support lessening the risks from contaminated land. Indeed, I well remember our debates on Zane’s law throughout the passage of the Environment Bill and the noble Baroness’s passion for this subject.
Under Part 2A of the Environmental Protection Act 1990, local authorities already have a duty to inspect their areas “from time to time” to identify and require the remediation of any land prior to any housebuilding. Current statutory guidance states that a local authority’s approach to inspection should “reflect local circumstances”. This enables a flexible approach to providing value for money and to protecting the environment and human health. There is also a duty for the Environment Agency to report on the state of contaminated land “from time to time’, or
“if the Secretary of State at any time so requests”.
The noble Baronesses, Lady Bennett and Lady Taylor, and the noble Lord, Lord Foster, expressed concerns about resources. The 2012 contaminated land statutory guidance outlines the polluter pays principle, enabling, where possible, costs of remediating pollution to be borne by the polluter. Under Part 2A of the Environmental Protection Act 1990, the Environment Agency may inspect on behalf of a local authority if a local authority identifies contaminated land that it considers will meet one or more criteria for special site designation, as set out in the Contaminated Land (England) Regulations 2006. If the land is determined as a special site, the Environment Agency will become the enforcing authority and responsible for requiring appropriate remediation to the site.
If no polluter can be found and the site is not designated as a special site, the local authority must investigate and require appropriate remediation of the site. The Government recognise that the costs of remediation, including landfill tax, can be a financial barrier for local authorities seeking the remediation of contaminated land. Defra is currently developing a grant scheme to help local authorities to cover the cost of landfill tax in land remediation projects. In 2023, Defra will publish a revised Construction Code of Practice for the Sustainable Use of Soils on Construction Sites, which will empower and inform industry to protect its sites’ soil health, prevent contamination and mitigate soil being deposited in landfill. I hope that that provides a modicum of reassurance.
Baroness Bloomfield of Hinton Waldrist (Con)
May I finish? Not all land contamination may be able to be remediated, for a variety of reasons. A risk-based approach is used to define contaminated land, where regulators are required to intervene in cases where land poses an unacceptable risk.
The cleaning up of contaminated land ensures that brownfield sites are safe for their intended use, such as housebuilding. Land contamination has been successfully addressed in many cases through the planning system. In the majority of cases the risk is likely to be very low and the value of the land may not be high enough for remediation to be economically viable.
Baroness Bennett of Manor Castle (GP)
I thank the Minister for giving way. She identified cases where there is an application for building permission and a case where something is drawn to the attention of the Environment Agency. The problem is that we know that there are many hundreds of sites out there that present a risk to the local community and perhaps to houses built on it. Unless there is a survey to identify the problem, the first time we will know that there is one will be in tragic cases such as Zane’s.
Baroness Bloomfield of Hinton Waldrist (Con)
Much of that may be down to limited resources. The grant scheme Defra is putting in place should help ameliorate that by enabling local authorities to take more proactive action if they realise their costs might be covered by the grant scheme.
On Amendment 483, in the name of the noble Baroness, Lady Boycott, the Government agree that community assets play a vital role in creating thriving neighbourhoods. These are places where we meet, connect and spend time with our neighbours.
The Localism Act 2011 already enables communities and parish or community councils with the right to register a building or a piece of land as an asset of community value if the asset’s principal use furthers their community’s social well-being or social interests and is likely to do so in future. I was pleased to hear the noble Lord, Lord Foster, refer to this. The assets of community value process also provides communities with the opportunity to raise finance and bid to buy a local asset of community value. This could include land for cultivation. Local communities should determine which spaces and places are most important to them.
I agree that meanwhile leases sound interesting. I certainly had not heard of them before. I should like to discuss them with the officials in Defra, whom I am afraid could not be here to respond today.
I hope this provides sufficient reassurance, and that the noble Baroness, Lady Bennett of Manor Castle, will feel able to withdraw her amendment and the noble Baroness, Lady Boycott, will not press hers.
Baroness Bennett of Manor Castle (GP)
My Lords, I thank everyone who contributed to this debate, which was fairly brief on my side but extremely rich on the amendment in the name of the noble Baroness, Lady Boycott. The case was overwhelmingly and passionately made on that amendment.
On my amendment, I thank in particular the two Front-Benchers for acknowledging in different ways that there is an issue that needs to be addressed. I hope that is something both parties will consider taking forward when they think about their manifestos for the election that we know is not too far away.
I am afraid the Minister might find that I will come back on the same issue on the next available Bill, because I do not want another child to die like Zane did. I think that the Government have a responsibility. In the meantime, I beg leave to withdraw the amendment.
Baroness Bloomfield of Hinton Waldrist (Con)
My Lords, Amendment 498 in the name of the noble Baroness, Lady Taylor of Stevenage, seeks for the Government to publish a social mobility strategy. The issues raised in this debate are all indeed important and vital if we are to deliver social justice. However, they provided the rationale for the levelling up project itself, and the levelling up White Paper provides a clear plan to level up every corner of the UK, underpinned by 12 ambitious missions over 10 years and tracked by an annual report.
I also reassure noble Lords that the Office for Students has launched the equality of opportunity risk register, which will set national priorities for tackling inequalities in higher education, including geographical inequalities. It was heartening to see the recent climb up the international league tables for literacy rates in younger children in the UK, which is a hugely encouraging sign.
We are committed to ensuring that more people from disadvantaged backgrounds enter apprenticeships—a great driver of social mobility—and we are increasing the apprenticeships care leavers’ bursary to £3,000 from this August. We are also providing additional funding to support social mobility generally in apprenticeships, which includes £1,000 payments to employers and training providers who take on apprentices aged under 19 or apprentices with a learning difficulty or disability, as well as a £1,000 bursary payment to apprentices who were previously in care, as mentioned.
The Government are also investing over £18.8 million in 2023-24 to support the rollout of a network of careers hubs across the country, to help drive improvements in careers education. Schools and colleges in the most disadvantaged quartile are reporting the strongest progress.
Numerous measures in the LURB will improve outcomes and reflect better the interests of rural communities across the country. Rural communities will benefit from opportunities for increased democracy, measures designed to improve housing affordability, and improved infrastructure. The new infrastructure levy will be designed to deliver as much, if not more, affordable housing.
That really related to the next amendment, Amendment 499, in the name of the noble Baroness, Lady Hayman of Ullock. The framework set out in the Bill provides ample opportunity to scrutinise the substance of the missions against a range of government policies, including levelling up in rural areas.
As the noble Lord, Lord Foster, outlined so passionately, we know that some cost pressures, including transport and energy, can be even greater in rural areas than in urban areas. That is why the Government have, for example, offered rural energy support through alternative fuel payments and extended the subsidy scheme for buses to protect vital bus routes, helping with the cost of living and enabling people to get to where they need to affordably and conveniently. The recovery grant scheme comes in addition to government investment of £3 billion promised for bus services by 2025.
The Government are already committed to delivering an annual report on rural proofing. The White Paper trailed the publication of the second annual report, Delivering for Rural England, which was published in September 2022. It set out specific considerations for levelling up in rural areas and how government departments seek to address these through targeted approaches, where needed, as well as broader measures to strengthen the rural economy, develop rural infrastructure, deliver rural services and ensure good management of the natural environment. It also announced the launch of the £110 million rural England prosperity fund so that local authorities can support rural businesses and community infrastructure.
Amendment 504GC, in the name of the noble Baroness, Lady Blower, considers the extremely important issue of adult literacy. I should declare that I have a very personal interest in this whole area, having taught literacy in Huntercombe young offender institution for a while. The levelling up skills mission sets out an ambition for 200,000 more people to complete high-quality skills training in England each year by 2030. As part of this, we are fully funding study for adults in England who do not have essential literacy up to level 2. We have a strategy. Approximately 60% of the adult education budget is devolved to nine mayoral combined authorities and delegated to the Mayor of London, acting through the Greater London Authority. These authorities are responsible for the allocation of the adult education budget in their local areas and are best placed to understand local needs.
In the light of these efforts and commitments, I hope that the noble Baroness, Lady Taylor of Stevenage, is reassured and that her noble friend feels able to withdraw the amendment.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I thank the Minister for that response. However, while listening to the response, it was easy to think, “Well, everything’s great, isn’t it? Nothing is going wrong; there are no problems”, when in fact the house is on fire. Everybody can buy into levelling up, but you then have to actually do some levelling up. It is very frustrating—we cannot equip people with the skills they need to read, to write, to get the job, to make their lives better. It frustrates me that what the Minister said suggests that there is not really a problem here and it will all be fine. We have to invest in people. That is so much of what is wrong here.
We mentioned transport services. If you cannot get on the bus to get the job, you will not get the job. I know that I am a Londoner and sound like one, but I did live in the Midlands for 20 years—in rural Leicestershire, in rural Nottinghamshire, in Nottingham and in Coventry—so I know a bit about living outside London. If you cannot connect areas of deprivation with areas of prosperity, you will not make any progress.
What worries me is that levelling up will go like the big society—do we remember that one? It disappeared after a couple of years; it was quietly pushed away. It was the big thing and all over the Tory manifesto in 2010, then it just vanished without a trace. After about two years there was never any mention of it, except by the Opposition. I worry that this Bill will become an Act but, when we look back in three, four or five years’ time, we will ask how much has really been enacted. After lots of consultation and lots of discussion, how much will have been enacted and how many regulations will have been laid?
I will leave it there and withdraw the amendment. This is such a big area that has cross-party support. We need to see more action, and things are not quite as rosy as the Minister said.
Baroness Wilcox of Newport (Lab)
My Lords, I am afraid that you have the understudy. As a former leader of a city council, I have followed the Bill very closely. I am delighted to make a contribution, even if it is in the last minute of the game. I thank my noble friend Lady Young, the noble Baroness, Lady Willis, and the noble Lord, Lord Foster, for their detailed and careful consideration of these issues—land is, indeed, a finite resource—and how these might be incorporated into the Bill, as well as for their long-standing championing of the issues of shared land use. These challenges are of incorporating the needs of competing demands, alongside ensuring proper protections for the environment and that consideration is given for access to green space and all the benefits that that brings to people and communities.
It continues to be a disappointment that no progress has been made on a land use framework in spite of ministerial promises, which have been reiterated by both noble Lords in the earlier part of this debate, and to hear that the Government seem to be rolling back from a land use framework that addresses all the issues flagged up in your Lordships’ Select Committee, including planning, development, housing, infrastructure, energy and transport. If these issues are not addressed in a land use framework, it will be seriously incomplete, which will undermine its ability to ensure that our scarce land use resources are able to deliver for all the policy areas covered by the levelling-up Bill.
The introduction of this Bill, with its intention to reshape the planning framework—I have had plenty of headaches about planning in my time in local government—and to deliver on cross-departmental and multifunctional land uses, seems like an opportunity too good to miss. I hope that the Minister will give careful consideration to using this legislation to give some impetus to the introduction of a land use framework, and that all the hard work that has gone into the Bill from all sides of the House will lead to a satisfactory conclusion in an extremely important area.
Baroness Bloomfield of Hinton Waldrist (Con)
My Lords, Amendment 504F in the name of the noble Baroness, Lady Young of Old Scone, would introduce a legal duty for the Secretary of State for Environment, Food and Rural Affairs to lay a land use framework for England before Parliament no later than one year following the passage of the Bill and would also define content and scope.
The Government agree with the principle and recognise the need for the land use framework, which is why we committed in the food strategy to publish one this year, earlier than this amendment would require. The Secretary of State for Defra reiterated this commitment in the environmental improvement plan in January this year. The noble Baroness, Lady Wilcox, has been unduly pessimistic: there is progress on the work on the land use framework. It is under way and will build on the insights presented by the Land Use in England Committee in its recent report. The noble Baroness and others are right to focus on multifunctional land use. That will be critical in delivering on this Government’s ambitious plans.
The noble Baroness, Lady Young, also asked for clarity on the progress of government work. I can reassure her and the noble Lord, Lord Foster of Bath, that several government departments have targets with land use implications. We are working with them all to understand and take account of their land use expectations. As well as Defra, this includes the Department for Energy Security and Net Zero, the Department for Levelling Up and the Department for Science, Innovation and Technology. I hope that provides some reassurance.
Amendment 504G introduces a legal duty on the Secretary of State to establish a land use commission as an independent arm’s-length body reporting to the Cabinet Office. The amendment builds on the work of the House of Lords Land Use in England Committee, as has been said, which recommended this in its final report. The Government accept some of the reasoning behind the proposals for a land use commission, including there being significant opportunities for government departments to collaborate on research, analysis and policy development on land use.
In the Government’s response to this recommendation in the committee’s report, they do not agree that a separate commission is necessary. This is because many of the potential benefits of a commission are achievable with improvements in collaboration on land use between the different departments. This improvement is already under way through the preparation of the land use framework.
The noble Baroness, Lady Young, mentioned the different experience of Scotland. While the department agrees that there are strong similarities, there are differences between the biophysical, cultural and ownership characteristics of land in England and Scotland and a number of important matters for land use, such as planning, are devolved. While we want to learn from the experience of the devolved Governments in land use, we do not think that we will share all the same issues and solutions.
As I think my noble friend Lord Benyon mentioned at the Dispatch Box this week, the cost of a land use commission would be somewhere between the Scottish Land Commission’s £1.5 million and the Climate Change Committee’s £4.5 million. I hope this provides sufficient reassurance.
The noble Lord, Lord Foster of Bath, asked about planning system additions. The Government’s response to the House of Lords Land Use in England Committee report stated:
“We agree with the suggestion that the framework should not replace the planning system, which is the main mechanism through which development is considered strategically”.
With those few comments, I hope the noble Baroness, Lady Young of Old Scone, will feel able to withdraw this amendment and not move the other.
Baroness Young of Old Scone (Lab)
I thank noble Lords for their contributions and support. I very much value and endorse what the noble Lord, Lord Foster of Bath, said about it not replacing or being in conflict with the planning system. It was good to hear that reinforced by the Minister, because it is an important reassurance that we need to give to local landowners, who might otherwise see this as a bit of a bogeyman.
The response on progress is encouraging, but it would be good to know what that progress is. It is all very well getting assurances of progress, but this is such an important issue, impacting so many people, that there ought to be a much more public element to the process to demonstrate how that progress develops over time.
Baroness Bloomfield of Hinton Waldrist (Con)
I can offer to write to the noble Baroness and Members of the Committee on the progress being made.
Baroness Young of Old Scone (Lab)
That would be extremely helpful; I thank the Minister. I also very much approve of the assurances we have got that the Department for Energy Security and Net Zero, DLUHC and the Department for Science, Innovation and Technology will be an integral part of the process. We just need reassurance that there will not just be consultation with these departments on Defra land use issues but that this will cover the policy areas of these departments that have land use implications.
I accept that Scotland is different—I kind of know that, because I am Scottish—but I have been very encouraged recently by work beginning on a land use strategy in all-Ireland. I spent some time with civil servants in Northern Ireland and representatives of the south on the importance of a land use strategy there. It was heartening to see that it was being accepted on the island of Ireland.
On the cost of a commission, task force, expert group or whatever body might carry the flag to help the Government on land use, I think that £1.5 million to £4.5 million is a drop in the ocean these days. I do not know about other noble Lords, but I have been really taken by the fact that, during Covid, we got used to dealing with billions rather than millions—£1 million or £4 million is kind of just the fluff out of the Chancellor’s back pocket rather than a substantial element of national investment for such an important issue.
To finish, history is always a good teacher and, although I cannot remember because I was just a twinkle in my daddy’s eye at that stage, the post-war settlement very much stressed the fact that there were three important pillars of the national resource. The first was capital investment, the second was labour and skills, and the third, strangely enough, was land. Over the years, we have forgotten about land being an important national pillar of resource. We need to get back to giving it that degree of priority.
Although I beg leave to withdraw the amendment at this point, I am afraid that I cannot promise not to keep banging on about it. I may well come back with one or other amendment in some form at a later stage.
Levelling-up and Regeneration Bill
Baroness Bloomfield of Hinton Waldrist ExcerptsMonday 22nd May 2023
(1 year, 5 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-XIV Fourteenth marshalled list for Committee - (18 May 2023)
Baroness Fox of Buckley (Non-Afl)
My Lords, the noble Lord, Lord Blencathra, raised some of the problems that mean that pavements cannot be pavements. My particular bugbear is cyclists on pavements; they drive me mad. The noble Lord, Lord Moylan, raised some of the tensions when deciding how we regulate public spaces, drawing attention to residents who live on streets where maybe there are pavement cafés.
Those things are worth considering but I want to return to the points made at the start of this group, so well explained by the noble Baroness, Lady Taylor of Stevenage, and to reference the earlier group on reviving the high street. One of the very few positive outcomes of the dreadful lockdown period was the emergence of imaginative ways of creating social engagement outdoors. When lockdown was such an antisocial action that kept us apart from each other, we found ways of connecting.
Café society is indeed a positive innovation, and regardless of the differences between the weather and climate in the UK and, for example, continental Europe, Brits have taken to this way of enjoying hospitality services. It is a great boost to that industry, which suffered so badly under lockdown.
One of the advantages of this spilling out of café society on to pavements is that it has allowed smokers and vapers to have a coffee or a drink alongside a cigarette, which I consider—shock, horror—to be all very civilised. It is certainly better than huddling outside in doorways in between sips of a drink.
I find it rather galling that Amendments 458, 459 and 461—all of which, one way or another, involve restricting smoking outdoors and making those restrictions a precondition of the licence—have been added to this group. Amendments 458 and 461 emphasise that where there is consumption of food or drink, the licence holder must ensure that smoking or vaping does not affect others. This seems an impossible duty. How could it ever be monitored? It is a degree of micromanagement of the life of communities. It seems the licensee is being threatened—they must prevent smoke drift affecting those in the vicinity, or they will not get a licence.
Tobacco smoke in outdoor areas is highly diluted and dissipates quickly in atmospheric conditions. I worry about moves towards such punitive restrictions on people smoking outside, when all they are doing is indulging in a legal, personal activity. Do we need to overregulate in such a fashion? Smokers, a minority no doubt, are perfectly respectable and considerate citizens and it would be wrong in any way to imply that in some or most cases they wilfully blow smoke into people’s faces or are not mindful of others in the vicinity.
As to involving vaping in this, targeting an anti-smoking device seems just wrong-headed. So many people I know who have stopped smoking did so by taking up vaping, and they improved their health in the process. If the proposers of the amendments are worried about any exposure to tobacco smoke outdoors, this would require that a proper scientific study be brought before the House, or at the very least a national consultation. Amendment 459 goes the full hog and states:
“Pavement licences may only be granted by a local authority subject to the condition that smoking is prohibited”.
It seems that an attempt is being made to use this Bill as a backdoor route to banning smoking in public places per se.
This Bill has been packaged as empowering local decision-making. Can we note that local authorities already have the powers at their discretion to regulate smoking in licensed premises and on pavements outside pubs, bars and restaurants with exterior tables and seating? It is up to them. How can we justify using this Bill to bring in central government legislation that threatens that if pubs and cafés do not ban smoking outside, no licence will be given to them? This seems wholly disproportionate.
We should note that such prescriptive rules could well lead to fewer customers, more high street closures and, certainly for many citizens who as adults choose to smoke, less freedom. It goes against the spirit of a levelling-up Bill when you have an imposition from the top of a kind of “we know best approach” to local matters and individual matters such as smoking, and it will grate with many people.
I appreciate that some people do not like people smoking. Some people find it loathsome. One noble Baroness has boasted about not tolerating smoke drift. There are a lot of things that I do not like and that I would rather not tolerate. I am not keen on people chewing gum or putting on make-up in public or eating with their mouth open or talking loudly or on babies crying when I want to sit quietly with my latte and read my book outside a café, but—my goodness—this is society. We tolerate each other; we rub along. There is something really positive about a café society. We should not use it as an excuse to bring in unnecessary regulations that set us at odds with one another as a means of policing and supervising personal, legal behaviour.
To finish, I do not know whether this will encourage or discourage, but I have noticed that smoking on the Terrace outside the Lords has been banned but somehow smoking on the Terrace of the other place is perfectly okay, and guess what? It is packed with people who work in the House of Lords or sit as Peers in the House of Lords because it is the only place to go—not to damage people but just to relax and have a cigarette with a coffee. They are not breaking the law.
Baroness Bloomfield of Hinton Waldrist (Con)
Before my noble friend gets up to respond to this debate and at the risk of upsetting the mood of the Committee, I remind noble Lords that we have done three groups. We have another 19 to go and we are going to finish tonight, so unless anybody does not wish to have any sleep, I suggest we perhaps cut our speeches down just a little bit if we can.
Baroness Pinnock (LD)
I do not know whether I dare speak now, but I am going to. I will not dare venture into the issue of smoking or non-smoking, except to say that I agree with my noble friends Lady Northover and Lady Randerson and the noble Lord, Lord Young of Cookham.
I want to raise two issues because they were raised in the Business and Planning Act and the regulations that we discussed at the time and have been raised by the noble Lords, Lord Holmes and Lord Moylan. The noble Lord, Lord Holmes, rightly brought to our attention Amendment 460, about the use of barriers to delineate a pavement licence from the rest of the highway. It was agreed at the time, and we should ensure that it is included in the regulations under this Bill. It is vital that there is a clear line between where a pavement café ends and the pavement for other users begins, because it stops drift by people using the pavement café area and helps everybody, particularly those with disabilities, so I totally support that argument and I am sorry that it is not included in the Bill.
Secondly, I support Amendment 451, about payment to local authorities for the use of the highway. Hard-pressed local authorities are apparently having to give away public assets for businesses to use without any payment. We would not expect that of any other commercial arrangement, so why should we expect local authorities to support businesses without any payment for the use of the public asset, i.e. the highway? I totally support the argument made by the noble Lord, Lord Moylan, on that score. I hope that when the Minister responds he will be able to say that local authority highways, which local authorities have to clean and maintain, are worthy of a fee from those who use them.
Levelling-up and Regeneration Bill
Baroness Bloomfield of Hinton Waldrist ExcerptsThursday 18th May 2023
(1 year, 5 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-XIV Fourteenth marshalled list for Committee - (18 May 2023)
Lord Carrington (CB)
My Lords, I support the amendments in the names of the noble and learned Lord, Lord Etherton, and the noble Lord, Lord Thurlow. I declare my rural interests.
My particular angle of support relates to the importance of the provision of sufficient rural affordable housing, which is a huge gap in housing provision, as identified in two reports from the APPG for Rural Business and the Rural Powerhouse, of which I declare my membership. These reports concentrated on levelling up in the countryside and the impact of the cost of living crisis in rural areas.
Baroness Bloomfield of Hinton Waldrist (Con)
Forgive me; I may be mistaken, but I do not think that the noble Lord, Lord Carrington, was here at the start of this debate on the last occasion.
Baroness Bloomfield of Hinton Waldrist (Con)
I apologise; the noble Lord is not in my notes. I will accept his word that he was.
Lord Carrington (CB)
Citizens Advice and others have pointed to provision of rural housing being a growing problem and a significant barrier to the rural economy, as the average house price can be up to 10% of average earnings, compared with 7.4% in urban areas, excluding London.
Navigating the planning system has always been a problem in rural areas, and larger building providers have been the most successful. CPRE, the countryside charity, has pointed out that successful housing applications tended to be in a very narrow segment of the market—the upper to middle end, which does not favour renters, first-time buyers and affordable housing.
The Government are prioritising the development of brownfield sites, which is certainly laudable, but 87% of these are in urban areas and often in the south-east. However, the economic impact of small developments and, in particular, affordable housing in rural communities can make a huge difference in supporting businesses and communities in terms of employment and other activities. It would also assist with the growing problem of rural homelessness, as identified by Shelter and other charities.
These amendments make strategic housing and market assessments of affordable housing compulsory, and influencing the rate of the infrastructure levy would be of great benefit to the sensible provision of affordable housing in rural areas.
The Earl of Caithness (Con)
My Lords, having listened with care to what has been said on these amendments on this important part of the Bill, I will make a couple of comments.
I listened with care to what my noble friend Lord Randall of Uxbridge said on habitats. These are hugely important areas. There are two points that I hope my noble friend on the Front Bench will take into consideration. The first is that land varies very quickly, within a matter of feet in some instances. Although one wants the designation, one also wants the flexibility within that designation to get different solutions where things, and farmers, are slightly different. That flexibility within the overall framework is terribly important.
There is one aspect of the habitats directive that I hope my noble friend will look at in particular. Under the directive as it stands, no experimentation can take place within that area. On upland heather, it is hugely important that we do experiments, strictly controlled, in order to determine which is the best way of managing that fuel load. If we cannot do that within an area subject to the habitats directive—the Game & Wildlife Conservation Trust has had an application to do an experiment turned down by Natural England because the habitats directive will not allow it—we are putting at risk areas within that directive and the wildlife within them. I hope my noble friend will look at that in particular.
I support the noble Baroness, Lady Taylor of Stevenage, on her Amendment 374, but I would wish to make one small alteration to it, if my noble friend were to accept it: it should be “scientific data”, not just “data”. That is hugely important.
I hope that the noble Baroness, Lady Hayman of Ullock, will agree with me on this next point. The definition of environmental protection relates to the level of activity, but what about the level of inactivity? The noble Baroness spoke at length recently, and quite correctly, about flooding, and I spoke about wildfires. Both of those can be caused as much by activity as inactivity, so could my noble friend tell me whether, within her definition, action can be taken where there is no activity, because that also puts wildlife and habitats at threat? I hope my noble friend can answer me on those points.
Baroness Bloomfield of Hinton Waldrist (Con)
My Lords, I am grateful to noble Lords for their thoughtful consideration and hope that, in addressing the points raised, I can demonstrate how the new system of environmental outcomes reports offers a real opportunity to protect the environment.
On Amendment 367, I welcome the support of the noble Baroness, Lady Hayman of Ullock, for the setting of outcomes, but the proposed amendment would have unfortunate consequences. Changing a discretionary power to specify environmental outcomes in regulations to a mandatory requirement would require each regime to set environmental outcomes for every element of the definition of environmental protection.
Perhaps I should add a bit of detail as to how the outcomes will be set. The Government have committed to public consultation to ensure that the public and stakeholders have the opportunity to shape them. Regulations specifying environmental outcomes pursuant to Clause 138 will also be subject to parliamentary debate and scrutiny via the affirmative procedure. We will work across government and with key stakeholders to develop our outcomes, which will cover a range of environmental issues. In addition to the commitments in the 25-year environment plan, other strategies will be considered—for example, the clean air strategy, the UK marine strategy and the Government’s wider environmental targets.
We want to make sure that outcomes are deliverable by developing comprehensive guidance to demonstrate how plans and projects are contributing to the delivery of outcomes. As the current legislation covers a range of assessments with different environmental contexts, it would not be appropriate to require regimes to set outcomes for every area in the definition as not all would be applicable.
Amendment 368 seeks to include social outcomes as part of the EOR framework. As noble Lords will be aware, environmental assessment was originally established to provide an additional level of scrutiny to environmental concerns, which were often overlooked in decision-making on development. This need is greater now than ever before. It is important to remember that EORs sit within wider planning and consenting systems, which include extensive democratic processes, where social considerations are already well represented. Our current consultation includes questions on the role of EORs in considering impacts on local people.
Amendments 368A, 369A, 370 and 371 relate to the definitions of environmental protection and the natural environment. The Government are clear that the definitions in Clause 138, which draw on the definitions in the Environment Act 2021, will allow the Government to consider all matters considered in the existing assessment processes and are capable of capturing the substance of the proposed amendments. For Amendment 368A, the existing definitions already include cultural heritage. For Amendments 369A and 370, the definition of environmental protection includes “protection of people”, which would allow the Secretary of State to consider health-related matters.
Amendments 369A and 372 seek to include climate change in the definition. We are absolutely not relaxed about climate change. Our consultation sets out the challenges of addressing climate change through assessments, and reforming environmental assessment provides us with the unique opportunity to go further for the environment. These reforms allow us to consider the role that environmental assessment should play in addressing crucial issues such as climate change and the challenges of transitioning to net zero. Under the current system, these matters are often dealt with in a reactive, inconsistent and ineffective manner, generating paperwork but not the change we need to see. Additionally, climate change is not a single issue but a network of interconnected considerations. Subsection (3)(c) already includes
“natural systems, cycles and processes”
to ensure that matters such as climate change can be addressed. Many of the indicators to be used in the assessment will also relate to climate change.
Amendment 371 seeks to specify protected sites in the definitions. We are confident the definitions are sufficient to ensure that protected sites will form part of the new system.
I thank the noble Baroness, Lady Taylor of Stevenage, for tabling Amendment 375, and the noble Baroness, Lady Hayman of Ullock, for Amendment 369 on the mitigation hierarchy. For the first time, we have legislated to include the mitigation hierarchy in law. We have brought forward an amendment to bring the hierarchy more in line with current practice.
On Amendment 372A in the name of the noble Lord, Lord Stunell, and Amendment 377 in the name of the noble Baroness, Lady Hayman of Ullock, we recognise the need to maintain the highest environmental standards, which is why we included a clause setting out our commitment to non-regression. The drafting of Clause 142(1) mirrors the provisions of the EU-UK Trade and Cooperation Agreement to ensure that we abide by our previous commitments. We have also included significant duties to consult and given Parliament the opportunity to scrutinise regulations through the affirmative procedure. The Bill requires public consultation and regard to the environmental improvement plan when setting environmental outcomes. They will be subject to parliamentary scrutiny via the affirmative procedure and to our overarching commitment to non-regression, so I hope that my noble friend the Duke of Montrose’s concerns are assuaged.
Amendment 373, in the name of the noble Baroness, Lady Hayman of Ullock, seeks to link EORs to baseline studies. Baseline studies will remain a key means of measuring the effect of development on the environment. Given recent catastrophes, such as bird flu, we intend to modernise the process to meet the challenges of the 21st century. For this reason, we wish to preserve flexibility in how we shape assessment. We will work with experts to agree methodologies and set these out in regulations and guidance.
Amendment 374, in the name of the noble Baroness, Lady Taylor of Stevenage, would limit the power to make regulations on certain processes as these would need to be linked to “available” data. It would also limit the power to make regulations about the gathering of necessary data. This would be contrary to our commitment to non-regression in Clause 142.
On Amendment 378, the 17 UN sustainable development goals are crucially important. However, as the noble Baroness will be aware, the purpose of environmental assessment is to ensure that environmental issues are not overlooked in favour of the social and economic drivers of development activity. We feel it is important to maintain that focus to ensure that environmental issues are not sidelined exactly when they need our attention most.
Amendments 378A and 378B, proposed by my helpful noble friend Lord Lansley, seek to build greater flexibility into the new system. I reassure him that we intend the EOR process to be as streamlined as possible so that it is useful in informing decision-making. Although we indeed recognise the importance of energy security and resilience, it is vital that we fulfil our commitment to non-regression.
On Amendments 379 to 381, tabled by the noble Baroness, Lady Taylor of Stevenage, and Amendment 382 from my noble friend the Duke of Montrose, which mirrors the position in Amendment 181, I assure noble Lords that, in bringing forward environmental outcome reports, the Government are committed to respecting the devolution settlements. We are in discussions with the devolved Governments on how these powers should operate, including extending them to provide a shared framework across the UK. Interoperability between different regimes and competences will be fundamental as we develop our regulations.
On Amendment 383 in the name of the noble Baroness, Lady Taylor of Stevenage, I can confirm that greater accessibility is at the centre of our reform agenda. We want to ensure that everyone is better able to use these reports to understand the impact of development on the environment, including decision-makers. The Government will develop prototypes and templates to make sure that the reporting process is more accessible. These will be tested as part of our commitment to user-centred design.
Levelling-up and Regeneration Bill
Baroness Bloomfield of Hinton Waldrist Excerpts(1 year, 6 months ago)
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Baroness Bloomfield of Hinton Waldrist (Con)
My Lords, Amendment 291, in the name of my noble friend Lady McIntosh of Pickering, seeks to require the Secretary of State to bring into force Schedule 3 to the Flood and Water Management Act 2010 before the end of 31 December 2023.
I understand the intention behind this amendment. However, in January, the review for implementation of Schedule 3 to the Flood and Water Management Act 2010 was published and recommended making sustainable drainage systems mandatory for new developments in England. The Government are now looking at how best to implement Schedule 3, which we aim to do in the course of 2024. An ambitious timeline has been set, which considers parliamentary processes, to deliver this as quickly as we can. It is essential that we allow time to engage with stakeholders to help shape the details of the implementation. A public consultation will then take place on mandatory standards, statutory instruments and impact assessments before new statutory requirements are brought in.
It is clear that bringing in a standardised approach to SUDS is needed to increase their uptake and maximise the benefits they bring. We also need to set technical statutory standards for what an acceptable SUDS is in different circumstances. We need to establish SUDS-approving bodies in unitary or county councils, and provide guidance, as well as legal criteria and processes for fees, appeals and enforcement. I have some information on the Welsh introduction of SUDS—obviously, my favourite subject. Wales has recently completed its post- review implementation and has identified a number of issues that have not worked as well as had been hoped. In England, we are analysing these results, and are able to take these findings into consideration, such as ensuring the best way to fund the maintenance of SUDS.
I hope I have provided adequate reassurance that action is being taken to bring into force Schedule 3 to the Flood and Water Management Act 2010, and therefore the Government are unable to support this amendment at this stage.
The noble Baroness, Lady Hayman of Ullock, tabled six amendments, and I shall take each in turn. Amendment 303 would impose a new duty on the DLUHC Secretary of State to make new building regulations within six months of the day the Act is passed for property flood resilience, flood mitigation and waste management in connection with flooding. Statutory guidance to the building regulations in Approved Document C already promotes the use of flood-resilient and -resistant construction in flood-prone areas. While the building regulations set requirements for the drainage systems of individuals, the main sewerage system is governed by the sewerage undertaker for the area; for example, Thames Water.
The sewerage undertaker, as the statutory consultee, and local planning authority have ultimate responsibility for ensuring that drainage systems for new developments are built to a standard that minimises flooding. These duties sit outside the building regulation system. I thank the noble Baroness for suggesting these amendments and I hope that I have reassured the Committee to some extent that the Government already have well-established means of managing flood risk in the building regulations and associated guidance. Also, new developments are not approved where there is an unacceptable flood risk. The local planning authorities and relevant statutory consultees, including the Environment Agency, are the right bodies to oversee the maintenance of existing flood mitigation measures. For these reasons, the Government do not believe that introducing new requirements in the building regulations is necessary. As I have said, statutory guidance to the building regulations in Approved Document C: Site Preparation and Resistance to Contaminants and Moisture already promotes the use of flood resilient and resistant construction in flood-prone areas.
Amendment 310 would place a duty on the Government and local authorities to make data about flood prevention and risk available for assisting insurers and property owners. The Government agree that communities should have access to the information they need to manage and prepare for their level of flood risk. For example, the Environment Agency publishes flood risk data and maps for England. Lead local flood authorities are required to have a strategy for managing local flood risks in their areas. This must include an assessment of local flood risk. This information is publicly available; therefore, we do not feel that creating new legislative duties on government and local authorities to publish data is necessary. We hope that this explanation will provide enough reassurance to allow the noble Baroness not to move this amendment.
Amendment 305 would require the Government to establish a certification scheme for improvements to domestic and commercial properties in England made for flood prevention or mitigation purposes and an accreditation scheme for installers of such improvements. There are a range of enablers, including improving standards and skills, that need to work effectively to support the property flood resilience market. These will help ensure that the foundations are in place to support communities to be better prepared through the effective use of property flood resilience. We need to work together to overcome these challenges, with all sectors and industries playing their part.
In February 2020, a code of practice on property flood resilience delivery was published by the Construction Industry Research and Information Association, with support from the Defra industry round table. It complements British standards on flood resilient construction and retrofit and resistance products. The property flood resilience round table is actively considering how best we can embed the code of practice. The Government have supported training in collaboration with the Chartered Institution of Water and Environmental Management. Alongside this, the Government have also committed to set policy direction for property flood resilience measures that support consumer and industry confidence and therefore take-up. I hope that this explanation will provide some comfort, and enough to allow the noble Baroness not to move this amendment.
Amendment 306 would require the Financial Conduct Authority to make rules requiring insurance companies to take into account flood prevention or mitigation improvements that are either certified or planning permission requirements in setting insurance premiums. The Government’s long-term policy statement committed the Government to ensuring that all homes currently at high risk of flooding are better protected or better prepared. Property flood resilience—PFR—is a nascent market. There are a number of barriers that need to be overcome in order to increase the uptake of PFR, including giving customers confidence in the products and their installation.
There is currently no mechanism to capture data about PFR installed. A process needs to be developed to identify and verify households with PFR. The Government have committed to set policy direction for property flood resilience measures that supports consumer and industry confidence, and therefore take-up. We are working closely with Flood Re, the PFR round table and the insurance industry to determine how best we can achieve this. Again, I hope I have been able to provide some reassurance such that the noble Baroness, Lady Hayman, will not move this amendment.
Amendment 307 would require the Financial Conduct Authority to make rules requiring insurance companies to participate in the currently voluntary Build Back Better scheme launched by Flood Re in April 2022. Build Back Better has been introduced on a voluntary basis. Insurance companies that cede to the Flood Re scheme can choose whether to offer BBB to their customers. At this early stage, we want insurers to adopt BBB and to embed it in their processes. Providing Flood Re with the power to pay claims funding resilient repair over and above normal reinstatement, as the noble Baroness, Lady Hayman, mentioned, will help to drive a cultural shift across the insurance market, driving positive changes in the supply chains and raising awareness of and demand for PFR, helping the market to grow and develop.
Customers of a significant number of insurers, including two-thirds of the household insurance market, are already able to benefit from Build Back Better, and government has encouraged other household insurers to participate in the scheme. In April last year, the Government made legislative changes to the Flood Re scheme to drive the uptake of PFR. Flood Re can now pay claims from insurers ceding to the scheme, which includes an amount of resilient repair, up to a value of £10,000, over and above the cost of like-for-like reinstatement after actual flood damage. While this has been introduced on a voluntary basis, Flood Re requires insurers choosing to participate in Build Back Better to offer it across their home insurance offerings, rather than just on insurance policies ceded to Flood Re.
As I said, property flood resilience is a nascent market, but we want to encourage innovation and learning by doing, and the Government will continue to consider the impact and effectiveness of the current approach. However, Build Back Better is in its early days and has not yet been fully embedded or tested, as a result of relatively benign weather recently. I therefore ask the noble Baroness not to press this new clause.
Amendment 308, also tabled by the noble Baroness, Lady Hayman of Ullock, would require the Government to extend the Flood Re scheme to premises built since 2009 that have property flood resilience measures that meet minimum standards, and buildings insurance for small and medium-sized enterprise premises. Expanding the scope of Flood Re to cover properties built after 2009 would be inconsistent with planning policy. Inappropriate development in flood plains should be avoided. Where necessary, it should be built resiliently so that households can access insurance.
Changes to planning policy in 2006 set out that inappropriate development in flood plains should be avoided. Where development is necessary in a flood risk area, it should be made safe for its lifetime, without increasing flood risk elsewhere, and it should be appropriately flood resilient. There is currently no mechanism to capture data about property flood resilience installed, but we recognise that a process needs to be developed to identify and verify households with property flood resilience.
Baroness Hayman of Ullock (Lab)
I apologise, but that is not good enough. I know people living in properties built after 2009 who are completely stuck and cannot get insurance. The Minister talked about the need to come back to planning legislation, but surely this is the place to do it: we are talking about planning legislation, and this is the big opportunity to do something.
Some of these properties have been impacted by developments built in the field next to them, with the water then pushed across. When they were built, they maybe were not considered a flood risk, but unfortunately they now suffer flooding. The current set-up simply does not cover all the properties that it needs to. I urge the Minister to go back to her department and push these points.
Baroness Bloomfield of Hinton Waldrist (Con)
I understand the noble Baroness’s concerns, and I will take that back to my colleagues in the department.
Flood Re was designed to provide available and affordable insurance for households. It does not cover businesses. Business insurance operates differently from household insurance: it is often bespoke, based on the individual nature of the business. Flood Re is funded via a levy on UK household insurers. Expanding its scope to cover businesses would create a new levy on businesses and could result in businesses across the country—and, indirectly, customers—subsidising profit-making organisations in locations at flood risk. Often, businesses placed near rivers or the coast benefit from their position.
There is no evidence of a systematic problem for businesses at high flood risk accessing insurance, but I appreciate that this is an issue for some. Businesses in high flood risk areas can shop around for the best insurance quote and can use alternative brokers. A number of innovative products are offered to businesses by the industry, including insurers that offer increased flood excess with reduced premiums, and parametric insurance, which allows property owners to set the level of premiums in line with an agreed level of risk.
Baroness Bloomfield of Hinton Waldrist (Con)
My Lords, I beg to move that the debate on this amendment be adjourned.
The Earl of Caithness (Con)
Why do we have to adjourn when we are in the middle of an important debate? For the continuity of that debate, surely if the Minister replies now, that will be fine.
Baroness Bloomfield of Hinton Waldrist (Con)
There are a number of other speakers to speak in the debate. The list of speakers is quite long and we would probably be allowing another hour before the next business could be taken, which has been timetabled for around 4 pm.
Levelling-up and Regeneration Bill
Baroness Bloomfield of Hinton Waldrist ExcerptsTuesday 18th April 2023
(1 year, 6 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-X Tenth marshalled list for Committee - (18 Apr 2023)
“(3A) The Secretary of State may require the local planning authority to—(a) reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, appointing a person under subsection (3), or(b) pay any fees and expenses of a person appointed by the Secretary of State under subsection (3).”Member’s explanatory statement
This amendment allows the Secretary of State to require a local planning authority to reimburse the Secretary of State for expenditure incurred in connection with appointing a person to provide observations or advice on a proposed local plan or to pay any fees and expenses of that person.
Baroness Bloomfield of Hinton Waldrist (Con)
My Lords, this group is intended to make minor, technical and consequential amendments to the reforms in the Bill connected to plan making.
Amendment 216A is a minor and technical amendment to Schedule 7. It clarifies an ambiguity in relation to new Section 15CA, to be inserted into the Planning and Compulsory Purchase Act 2004 by Schedule 7 to the Bill. The amendment, which will insert new subsection (3A) into new Section 15CA, clarifies that local planning authorities may be made liable for the costs associated with observations or advice delivered by a person appointed by the Secretary of State under new Section 15CA(3), which in practice will be in relation to the proposed local gateways.
Noble Lords will note that the intention was always that, in relation to remuneration and allowances payable under new Section 15LE(2)(j) in Schedule 7, it should be possible for local planning authorities to be made liable for these costs. This amendment simply ensures clarity as to where liability for remuneration or allowances under new subsection (2)(j) may fall. The position following this amendment will broadly mirror arrangements for other relevant appointments, for example in relation to independent examination of plans and local plan commissioners appointed by the Secretary of State.
Amendments 242A, 242B, 242C, 242D, 242E, 242F, 242G and 242H set out consequential amendments required to various pieces of legislation in connection with our reforms to plan making. Through the reforms to Part 2 of the Planning and Compulsory Purchase Act 2004, as introduced by Clause 90 and Schedule 7 to the Bill, the concepts of “local development document” and “development plan document” will be replaced by
“local plan, minerals and waste plan or supplementary plan”.
Various consequential amendments have been tabled to ensure that these changes to terminology are carried across to other legislation.
Schedule 8 already sets out minor and consequential amendments of this kind. These further changes will be inserted into Schedule 8 and amend various pieces of legislation to ensure that other key legislative provisions would continue to have effect in light of our reforms. These include, for instance, the Local Government Act 1972, the Town and Country Planning Act 1990, the Greater London Authority Act 1999, the Commons Act 2006, the Planning and Energy Act 2008 and the Marine and Coastal Access Act 2009. I beg to move.
Baroness Pinnock (LD)
I have a query, and I congratulate the noble Baroness on so carefully explaining the long list of amendments. On the first amendment, Amendment 216A, is that a new requirement for local planning authorities? If so, then surely it should fall under the new burdens agreement between the Government and local authorities and should therefore be funded by the Government.
Baroness Bloomfield of Hinton Waldrist (Con)
I am told that if it was a new burden, it would be. We do not know whether it is going to be a new burden, but if it were to be a new burden, it would be.
Baroness Pinnock (LD)
I would be grateful if the Minister could write and let me know.
Levelling-up and Regeneration Bill
Baroness Bloomfield of Hinton Waldrist ExcerptsWednesday 15th March 2023
(1 year, 8 months ago)
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Baroness Bloomfield of Hinton Waldrist (Con)
Given the lateness of the hour, with the usual channels we have decided that, because of the train strike, now would be a good time to break off from Committee.
Voter Identification
Baroness Bloomfield of Hinton Waldrist Excerpts(1 year, 8 months ago)
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Baroness Bloomfield of Hinton Waldrist (Con)
It is the turn of the Liberal Democrat Front Bench.
International Holocaust Memorial Day
Baroness Bloomfield of Hinton Waldrist Excerpts(1 year, 9 months ago)
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Baroness Brinton (LD)
My Lords, I declare my interest as a patron of the Traveller movement. I thank the noble Lord, Lord Pickles, for securing this important debate today and the Holocaust Memorial Day Trust, the Library and many others for their excellent and helpful briefings. It is a pleasure to follow the noble Lord, Lord Kestenbaum, who described the moving experience of his own family.
This year’s theme of ordinary people who let genocide happen is extremely important for all of us at a time when we hear and see rises in anti-Semitism and other discrimination. In the brief time available, I want to make some links with things that are happening today but started in the early 1930s.
Pastor Martin Niemöller’s famous comment about remaining silent even in the face of evidence begins:
“First they came for the Communists
And I did not speak out
Because I was not a Communist …
Then they came for the Jews
And I did not speak out
Because I was not a Jew”,
and ends:
“Then they came for me
And there was no one left
To speak out”.
Most people do not understand that he spoke from his own experience: he was a pro-Nazi supporter in the very early 1930s. He did not support the Jewish community at all, and he recognised that in his later life.
For me, what happened to the Roma and Gypsy community in the 1930s was appalling. The Porajmos, or the Devouring, started in 1933 with prejudice and discrimination. Tens of thousands of Romani men, women and children across Germany and occupied Europe were first badly treated, and then killed. The human rights commissioner for the Council of Europe has reported this year on compelling testimony she heard about discrimination, a lack of publicly provided sites for our Traveller community and the barriers that people in the GRT community face in developing sites. In particular, she commented on the Police, Crime, Sentencing and Courts Act, and how it is much harder for our Traveller community to live their way of life.
In that same visit in the middle of 2022, she also commented on addressing the increasingly toxic discourse against trans people. That, too, is how genocide started against the LGBT—particularly the “T”—community in May 1933, when the Nazis raided and looted the Institute for Sexual Science. Some employees just disappeared and were assumed to have been murdered; their archives and research were burned. During the Holocaust, transgender people were deported to concentration camps, and many did not survive.
Much more recently, in this last year there has been a chilling echo of what happened to Polish children in the 1930s after Germany invaded Poland, where they were sent to German families and to SS home schools if they were thought to be of previous Germanic descent. This year, in the Donetsk and Luhansk oblasts of Ukraine, we have seen Ukrainian children being removed and sent to Russia and “adopted” by Russian families. That is appalling.
If Martin Niemöller were alive today, he would be asking us to look at and think carefully about all we see and do. It is not just about the horrific end of lives; it is about the slow and gradual movement towards othering particular communities and feeling that they are not part of us and that this is acceptable. He said:
“We preferred to keep silent. We are … not without guilt/fault, and I ask myself again and again, what would have happened, if in … 1933 or 1934 … 14,000 Protestant pastors”
had intervened? He believed that millions of lives would have been saved. We all need to heed that challenge and speak up.
Baroness Bloomfield of Hinton Waldrist (Con)
Can I say at this point that this is a time-limited debate? If people exceed the limit consistently, there will be very little time for the Minister to respond. This is a very difficult debate for me to intervene on, but I just make that reminder.
Windrush: 75th Anniversary
Baroness Bloomfield of Hinton Waldrist Excerpts(1 year, 9 months ago)
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Baroness Lawrence of Clarendon (Lab)
My Lords, I thank my friend, the noble Baroness, Lady Benjamin, for this short debate. It is very significant at this time as we recognise the rights of workers and the importance of the National Health Service, both of which were fought for and built by the Windrush generation.
In 1948, as has been mentioned, there was a labour shortage in the United Kingdom following the end of the Second World War. On 22 June 1948, His Majesty’s Troopship “Empire Windrush” travelled back to the UK from the Commonwealth with hundreds of passengers from the Caribbean and other parts of the Commonwealth to fill this labour shortage. Many such passengers continued to arrive in the UK until 1973. These people were popularly referred to as the Windrush generation. The adult passengers had immigration papers, but children travelled on their family members’ passports and did not have their own. The adults went into industries such as the buses and railways, and those who were qualified went into the NHS, which began on 5 July 1948.
A report published by the National Audit Office in 2018 found that the Windrush generation, who were given the “right of abode” in the UK under the Immigration Act 1971, were adversely affected by immigration legislation from subsequent Governments. This was because, in many cases, the Government did not provide documents or keep records confirming their status. These people who did not have UK passports or sufficient documents to prove their right of abode have been subjected to detention, deportation, loss of employment, homelessness, loss of access to healthcare and benefits, and being unable to return if they left the UK. The Windrush scandal came to light in 2018 but was happening as far back as 10 years prior to that.
For a nation that has records of all slaves and was able to compensate each slave owner for the loss of their “property” in the slave owner compensation scheme—the collection of such compensation went on until 1943—I find it disappointing that the Government and the Home Office claim not to have kept records of those who have been caught up in this scandal.
As for the situation so far, the Government acknowledged the wrong in 2018, and many Home Secretaries have apologised to those affected. In 2019, the Government set up the Windrush compensation scheme, which people can apply to until 2 April 2023. Wendy Williams’s report was commissioned by the Home Office, and in 2020 her original Windrush Lessons Learned Review was published. The report aimed to identify the factors that led to members of the Windrush generation being caught up in immigration enforcement measures which were designed for those who were in the country unlawfully—
Baroness Bloomfield of Hinton Waldrist (Con)
Perhaps the noble Baroness could draw her comments to a close—we are rather over time.
Baroness Lawrence of Clarendon (Lab)
Wendy Williams made 30 recommendations. In conclusion, on behalf of those who have been affected, I ask the Government to help right those wrongs by implementing Wendy Williams’s recommendations in compensating all affected by the Windrush scandal.
Called-in Planning Decision: West Cumbria
Baroness Bloomfield of Hinton Waldrist Excerpts(1 year, 11 months ago)
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Baroness Bloomfield of Hinton Waldrist (Con)
We have 20 minutes for Front-Bench questions and answers, it does not affect the Back-Bench time available.
Baroness Bloomfield of Hinton Waldrist (Con)
I am sorry; the Minister must respond to each question from the Back Benches.
Baroness Scott of Bybrook (Con)
My Lords, I knew that this would be a very passionate debate.
The first question from my noble friend was: why did the Secretary of State not turn this down? He did not turn it down because he took his time and read this very large report. Unlike the noble Baroness opposite, I am afraid that I have not had the time since lunchtime today to read it—but I have it and I will read it this weekend. So, why did the Secretary of State not turn this down? He did not turn it down because he read the evidence, he thought that it was sound and he agreed with the inspector’s report. The inspector is independent and this is about a planning application. He did his job and, as I said, the Secretary of State agreed with him.
On the rest of the world not agreeing with what we are doing, I have not seen the rest of the world having net-zero mines for coking coal. We are going to do that. We are showing the rest of the world how it should be producing this commodity, which is still going to be required to produce steel in the near future. That is extremely important.
On the other issues around where the coal will be sold to and how that will be done, this is not a Government-supported project; it is from the private sector. Private sector operators put in the planning application and it was decided on in the normal way. The Secretary of State read all the information and decided that he would support it.