King’s Speech
Baroness Falkner of Margravine Excerpts(1 month ago)
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Baroness Falkner of Margravine (CB)
My Lords, I declare an interest as chair of the Equality and Human Rights Commission and as a member of the Enforcement Decision Making Committee of the Bank of England. I will stick to my self-imposed convention of not commenting on affairs to do with either of those institutions.
I congratulate the noble and learned Lord, Lord Hermer, the Attorney-General, on his thought-provoking maiden speech. I will pick up some of his emphasis on fairness and the rule of law, but the points I really want to cover today relate to public appointments rather than having a direct bearing on the Government’s programme for other reforms on appointments, ethics and integrity.
Public appointments are a small but neglected part of our constitutional structure. I could not find any debate where I might be able to express some thoughts on this other than today, so I hope that noble Lords will be tolerant. There are approximately 4,500 public appointments where people serve on a range of institutions that make the country function—non-departmental public bodies in the jargon. In the single financial year 2021-22, there were just under 1,200 appointments signed off by Government Ministers. The competition is stringent, relatively transparent and usually run by civil servants.
Most public appointees I have met who serve on a board as a non-executive do so from a sense of public service. The remuneration is not generous given the time commitment—at least 50% more is always required than what is advertised. It is undertaken by people who have existing expertise in the given area and a desire to contribute to improving it. Most expect to do it selflessly—in keeping with the Nolan principles and other codes of conduct—and do it in honesty and good faith.
However, the system does not respond in the spirit of good faith. I emphasise that conduct has a specific meaning in regulatory and legal terms, and that is not the way I am using it here, although I am partially using it in that sense. If a public appointee, in other words a non-executive board member, faces allegations of having transgressed in their conduct or is alleged to have behaved improperly, the institution in which they serve has no parameters imposed by His Majesty’s Treasury or the Cabinet Office as to how it should expend public funds in that matter. There are no ceilings imposed, even as a proportion of a non-departmental public body’s budget that can be expended on a single matter for review or investigation. Expenditure running into hundreds of thousands of pounds can be spent when expensive lawyers are hired to review matters, irrespective of substantiation or gravity of allegations.
On the other side, the individual accused of misconduct is required to fund themselves entirely without support. This is a unique category. In the private sector, directors’ insurance is virtually compulsory; no one would work without it. It can run to many millions, especially since, in certain sectors, the fit and proper tests have become more stringent. Even third-sector organisations that have hybrid models, such as housing associations, also have directors’ insurance. Of course, in all cases it is contingent on the appointee having acted in good faith in discharging their responsibilities and in keeping with various codes of conduct and so on. So it is uniquely this category—government-appointed non-executive directors—that is entirely exposed. HM Treasury in its manual Managing Public Money explicitly considers providing some form of insurance and dismisses it as unwarranted expenditure, so bodies are, in effect, banned from procuring it for their boards.
What is to be done? Going forward, this Government will make some 6,000 appointments to different types of public bodies during this first term until 2029. One way to approach this would be to allow arm’s-length bodies the discretion to pay for insurance up to a maximum amount and under stringent conditions—for example, the need to have conducted an internal review of the allegations or to seek ACAS support or a Cabinet Office non-executive review. Ultimately, if expensive lawyers are to be engaged, in the interests of fairness, public appointees deserve some small level of insurance or public funding to obtain at least a preliminary amount of professional legal advice.
The Attorney-General has made a great deal of the importance of the rule of law—I agree with his sentiments—but the foundation of the rule of law is fairness. It is time that this group serving in the public interest was treated fairly, and I urge the Government to do something about this anomaly.
Grenfell Tower: Demolition
Baroness Falkner of Margravine Excerpts(2 years, 11 months ago)
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Lord Greenhalgh (Con)
My Lords, I underline that no decision has been taken, but we are aware that we have had unambiguous advice from engineering experts that the tower should be carefully taken down. We have published those studies, but I reiterate that no decision has been taken. Obviously, a decision on this cannot be put off indefinitely, and one will be made in due course—but not via the media.
Baroness Falkner of Margravine (CB)
My Lords, will the Minister tell the House whether the Secretary of State is in receipt of a report that says that the physical infrastructure of the tower is extremely damaged and creates a potential hazard to a nearby local school, as well as other buildings, in terms of its safety? If that is the case, does he accept that it is vital that the residents surrounding the tower are also consulted on its future, alongside the victims’ families?
Lord Greenhalgh (Con)
My Lords, I am happy to clarify that there has been ongoing engagement not only with the bereaved and survivors but also with the community. I also want to put on record that there are no immediate safety concerns and that safety and maintenance are ongoing as part of a programme of works that will be completed only in the spring of 2022. Therefore, the coverage reporting that the school is in danger is absolutely wrong. At this stage, the tower is safe and is being kept safe until next spring.
Queen’s Speech
Baroness Falkner of Margravine Excerpts(3 years, 3 months ago)
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Baroness Falkner of Margravine (CB)
My Lords, I too join other noble Lords in welcoming the maiden speeches from the noble Lords, Lord Coaker and Lord Morse. I look forward to their participation in this House.
I am a novice in this area so feel slightly trepidatious in speaking about the environment and transport, but that is what I am going to do today. I express disappointment, along with other noble Lords who know a lot more about this, at the lack of a transport decarbonisation strategy. It is particularly disappointing to find the lack of a coherent strategy to tackle aviation emissions. I know this issue was close to the heart of the noble Lord, Lord Goldsmith, so I hope he will touch on it when he winds up.
CO2 has a lifespan measured in centuries. Today’s emissions will combine with those that have accumulated since the start of the Industrial Revolution. Yet, nearly a quarter of a century ago, Kyoto did not want to tackle it, instead leaving it to the UN agencies responsible for the aviation sector to attempt to find some sort of consensus. We know how difficult it is to get consensus at the UN—I would not look there if we really want to make progress. I understand that the only goal adopted by the UN aviation agency, ICAO, is to keep net emissions from international aviation at or below 2020 levels, mainly through the use of carbon offsetting and reduction, not through tackling the heart of the problem: excessive recreational and business flying and the overuse of distant supply chains.
Inexplicably, we have left international aviation and shipping emissions in the UK out of the five-yearly carbon budgets. One can only assume that that was because they fell into the “too difficult for now” category—and that is for a Government with an 81-seat majority. Given that technology has shown that we do not need to leave home to engage with a large part of commerce, that businesses have found that having executives jet over from London to New York for a three-hour meeting is not vital to success, and that consumers are discovering the merits of staycations, now would appear to be the ideal time to reduce aviation emissions permanently.
Tackling them in domestic legislation is important. We have left the EU emissions trading system, so an ambitious plan to set clear targets in law would be appropriate. I would call it a “levelling down” for the climate. I say this because in the UK we have a particular problem with overusing aviation as a means of transport. It is mainly people on higher than average incomes, who fly about 50% more than the average for other advanced economies. While emissions in many sectors are falling, UK aviation represents around 10% of total CO2 emissions, compared to 2% of global emissions. I urge the Government to come forward with a strategy to tackle this and to announce bold targets to reduce air travel and transport before COP 26.
Inevitably, one element of this issue is airport expansion and here, the greatest challenge is Heathrow, arguably the biggest emitter of CO2 in Europe. We have to ask ourselves why we should allow a never-ending expansion of this particular airport. The economic case for a third runway, which was always weak, has now become untenable. Even the Supreme Court ruling last year that the expansion strategy was legitimate was based on previous, less stringent climate targets and invites reconsideration. The noble Lord, Lord Goldsmith, will know all about this; it is very much his interest area. When the courts point to Parliament and effectively say, “We cannot solve the problem; it is for the Government in Parliament to change the law”, the public rightly expect to see such action reflected in the Government’s programme—the one we are discussing here.
In 2009, when the Labour Government pushed through Heathrow’s third runway, our determination as a nation to tackle climate change was less developed. Now that we know about the damage to the environment caused by aviation, we need to tackle it through legislation. However, here, the chance to do so has been missed again. If, when the third runway’s inevitable public inquiry is concluded, it finds against expansion, will the Government act to stop it? They cannot avoid their responsibility. If we have to have “long grass”, let it grow over the north-west third runway at Heathrow.
The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)
The noble Lord, Lord Deben, has withdrawn so I call the noble Baroness, Lady Whitaker.
Gypsies, Travellers and Roma: Racism and Discrimination
Baroness Falkner of Margravine Excerpts(3 years, 5 months ago)
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Lord Greenhalgh (Con)
My Lords, any measures introduced, including those in the Bill, would be undertaken in compliance with equality and human rights legislation.
Baroness Falkner of Margravine (CB) [V]
My Lords, I declare an interest as chair of the EHRC. As noble Lords will know, we signed a legally binding agreement with Pontins to prevent racial discrimination and will take further enforcement action if needed. The problem is that Gypsy, Roma and Traveller groups face particular discrimination in housing, with a severe shortage of adequate sites. New police powers in the Police, Crime, Sentencing and Courts Bill will reduce the ability of these communities to reside somewhere. What steps are the Government taking with local authorities to increase authorised sites for these groups?
Lord Greenhalgh (Con)
My Lords, the Government’s policies to improve site provision are working. There are now 356 transit pitches provided by local authorities and private registered providers. That is up 41% on January 2010. Local authorities and registered providers, including housing associations, can bid for funding for permanent Traveller sites or transit sites from the £11.5 billion affordable homes programme.
English Language Learning
Baroness Falkner of Margravine Excerpts(4 years, 1 month ago)
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Lord Greenhalgh
My Lords, we recognise that being able to read and write in English is vital to supporting integration. That is why the ESOL for Integration Fund supports learners across 30 areas with reading and writing as well as speaking and listening, whereas previous programmes focused predominantly on speaking and listening.
Baroness Falkner of Margravine (Non-Afl) [V]
The Minister will know of the practice in other similar countries. He will know that both France and Germany have a mandatory requirement for newcomers to speak their respective languages fluently. The UK has myriad exceptions from this requirement. Will he look at making it mandatory for all those wishing to remain in the UK to have a level of proficiency such that they can integrate adequately?
Lord Greenhalgh
My Lords, there is a requirement for those applying for citizenship to demonstrate that they have appropriate English language speaking and listening qualifications and for those who wish to remain to have the requisite proficiency needed for what they are seeking to do in this country.
Insolvency Act 1986 Part A1 Moratorium (Eligibility of Private Registered Providers) Regulations 2020
Baroness Falkner of Margravine Excerpts(4 years, 1 month ago)
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Baroness Falkner of Margravine (Non-Afl) [V]
My Lords, my interest in this statutory instrument is due to the fact that I served for nine years as a non-executive director of one of the largest housing associations in the UK. Naturally, therefore, the governance of registered providers of social housing—including routes to insolvency—was fairly uppermost in my mind, particularly as that period came before, through and after the financial crash.
When, after the financial crash, many housing associations diversified into different areas of business and took on considerably more debt to frame their portfolios—often with more risky undertakings as margins got tighter—we understood that the Housing and Planning Act allowed for the Secretary of State and the social housing regulator to apply for the new framework at the time, which was to apply for a housing administration order. Given that the HPA 2016 has reduced the amount of time that a moratorium will apply from the pre-existing regime of 28 working days to merely 28 days—I accept that the housing administration order can allow for much longer periods —it is not entirely clear to me whether that tightening of the timeframe has an impact on the viability of housing associations.
I wonder whether the Minister will be able to tell me how the social housing regulator will now assess the viability of housing associations caught in the current economic crisis, with several that are overextended and potentially may not survive. I know the department prefers consolidation, as with universities, to letting any housing association go under, as the Minister explained to us in his opening remarks.
However, there are a lot of housing associations that are now overexposed to student housing. We are aware of what is going to happen to universities in that regard with the tightening of the student housing market—I could say collapse, but I will not be that gloomy. There is another set of them which, in addition to overexposure to student housing, came into the private housing sector in quite significant numbers around 2010 to 2012 because it was seen as more lucrative at the time. What is the Minister’s department doing, in terms of working with the regulator, to have early warning systems to ensure that the financial health of these overexposed housing associations is monitored during this extreme time?
It is always a pleasure to follow both the noble Lord, Lord Wood, and the noble Baroness, Lady Kramer. I also wanted to press the Minister on how the two different regimes will operate. My own view is that housing associations will prefer to stick to the regime under the Housing and Planning Act 2016. For the avoidance of any doubt, I hope the Minister will be able to clear that up in his closing remarks.
Finally, I turn to an issue that the Minister might not be aware of but that came up in the Finance Bill on 17 July. This was an issue raised by several noble Lords—not least the noble Baroness, Lady Andrews—about what happens to rented tenants when the opportunities for landlords to use eviction orders are reinstated. There has been quite a lot about this in the media and we have seen that tenants in private rented accommodation are extremely insecure at the moment. They are in a situation where furlough is coming to an end, but they do not yet know whether they will be retained in employment, and currently landlords are moving quickly to serve eviction notices once the period of stay ends on 23 August. The noble Baroness, Lady Andrews, and a few other noble Lords drew attention to this in the Finance Bill. We did not get an adequate reply in the closure of that debate last Friday. I hope the Minister will be able to address that today.