Levelling Up
Baroness Garden of Frognal Excerpts(4 years, 10 months ago)
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Baroness Pinnock (LD) [V]
My Lords, I draw the attention of the House to my relevant interests as a vice-president of the Local Government Association and a member of Kirklees Council. I read the Statement on levelling up with great interest. My own area of West Yorkshire includes towns and cities that, by any fair measure, will qualify for focused help to support their residents. I am therefore particularly keen to understand what it is all about.
“Levelling up” is a rather nebulous phrase. I want to understand precisely what it means and, more importantly, what is hoped to be achieved by it. Perhaps the Minister can help, as I have not been able to find anywhere either a definition or an explanation of how improvements will be measured. Can the Minister please provide a definition of levelling up and the metrics that will be used to determine whether the funding allocated has been a success? I appreciate that sharing metrics data orally is not easy, so will the Minister provide that information and make it available to all colleagues through the House of Lords Library?
The tools that the Government are proposing and which are outlined in this Statement are resonant of previous attempts to improve the lives of parts of our country that do not enjoy the same level of well-being as the more affluent one. Previous Governments have used similar funding packages. There was City Challenge, the Single Regeneration Budget and then SRB2. This was followed by investments through the regional development agencies. The common feature was infra-structure investment, although some aspects of SRB had elements of support for jobs and skills. Will the Minister provide the data that demonstrates that the areas that benefited from the funding packages I just listed have prospered as a result—or, better still, data that explains the reasons why some of the same places are still suffering from multiple deprivations? I can name them if the Minister is not sure which places they are. I ask these questions because the Government are in danger of repeating some of the less successful aspects of past attempts at regeneration. They need to explain whether providing shiny new roads and revamped town centres is the way to improve lives and level up.
The Covid pandemic has shone a bright light on the areas of our country that suffer from considerable deprivation. There is a strong link between deaths from Covid and living in deprived parts of our country. Can the Minister explain why some of these areas will not benefit from any of the funding packages outlined in the Statement? Are these places just going to be ignored? What plans do the Government have for providing support for them? Does the Minister agree that reviving local government by enabling local authorities to provide self-help may well be the best way forward? Of course, that depends on adequately funding local government and devolving to councils the right to bring in local knowledge and talent to take responsibility for making the towns that they represent proud places once again. Does the Minister agree?
What we do know is that people who live in areas of multiple deprivation have lives that are literally limited. They die younger; they live in poor-quality housing; their access to healthcare, training and well-paid jobs is limited. Does the Minister, with his wealth of local government experience, agree with this? If he does, can he also explain the reason for these measures not being the main ones used to determine which places will benefit from the funding packages outlined in the Statement?
This brings me to the selection of the places that are due to benefit from those funding packages. Of course, metrics can be carefully selected to ensure that the towns that the Government wish to benefit from additional funding come out top of the pile. That is clearly what has happened in these instances. Using the metric of distance to travel to work will target those places that are of a more rural nature. If that is the aim, the Government should be honest about it and focus on improving public transport in rural areas. If the heart of so-called levelling up is providing focused support to places suffering from multiple deprivations, the Government should use the metrics that enable that to happen. If they do not, they are being hypocritical and make those of us looking on regard what they are doing with some cynicism.
Much of the content of this Statement is of packages that are being announced as new yet again. The miserable levels of funding to mayoral combined authorities of £30 million or so a year in areas that serve, say, 2 million people, is just another example of re-announcing old packages of funding. The support for the well-to-do areas that can raise £250,000 as matched funding to buy and run a community asset has been re-announced. These packages are not new and not aimed at poorer parts of our country.
I want those post-industrial towns that have experienced considerable decline—economically and socially—to benefit from long-term and sustained support that will revive their communities, improve the health and well-being of their residents, enable training and skills that lead to well-paid jobs, and bring hope for the future. Unfortunately, the package of funding announced does none of that. I look forward to answers to my questions when the Minister replies.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
My Lords, the Front-Bench speakers have taken most of the 20 minutes allowable, but I can confirm that the Minister has plenty of time to reply and that the Bank-Benchers will still get their 20 minutes.
The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)
My Lords, I point out that, in order to assess the efficacy of something like the levelling-up fund, we need to recognise the overall policy objective, which is to deal with the long-standing variation in economic performance between different areas and within areas.
The Government have set out their approach to the wider levelling-up agenda through a number of critical documents, such as the National Infrastructure Strategy, which focuses on energy, digital and transport, and the recent spending review, which announced £27 billion for those areas. There is also Build Back Better: Our Plan for Growth, published by Her Majesty’s Treasury, and the capital spending plan, which will be £100 billion— £30 billion more than in 2019-20. So, the overall package of funding around capital and infrastructure projects is at unprecedented levels.
The approach to levelling up needs to be seen as a package of measures. The levelling-up fund is more capital-focused and follows on from the £3.6 billion towns fund, while the community renewal fund—the precursor to the UK shared prosperity fund—is more revenue-focused. Alongside that, we have the increasing devolution of funding, which amounts to around £7.49 billion over 30 years for the nine currently agreed devolution deals.
The approach to the levelling-up fund has focused on making it very clear how we allocate funding. The index and the methodology used to develop it have been published. It focuses on areas that need economic recovery and growth, improved transport connectivity and regeneration. I am absolutely clear that Ministers did not see a list of specific places before agreeing the metrics; no changes to the index’s weightings or metrics were made as a result of Ministers having sight of the list of places.
We are also clear that this needs to be seen as a package of measures and that the levelling-up fund focuses on productivity, unemployment, skills and transport. Richmond scored low on productivity, which is one of the reasons why it is a category 1 area. Newark, which was also mentioned, scored “average to low” on productivity, skills and the unemployment rate. The approach we have taken has yielded those areas that are highest on the index. However, I repeat: all areas, in all categories, can apply to the fund and should be encouraged to do so.
With regard to the devolved Administrations, let me make it absolutely clear that we are seeking advice from them as part of this fund, and they will be consulted at the shortlisting stage. At least £800 million is being set aside for the devolved nations. On regions such as the north and north-west, a significant amount of funding, beyond the levelling-up fund, has been committed to the north to help level up, such as the £319.7 million from the Getting Building Fund. I point out that the UK infrastructure bank will be headquartered in Leeds and will play a key role in the levelling-up agenda.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.
Lord Greenhalgh (Con)
My Lords, I know that my noble friend will be delighted that Eastbourne is within category 1 in terms of being prioritised within the index of places. That means that Eastbourne and its council can draw on support, where there is an absence of capacity or perhaps not enough funding available, of up to £125,000 for the preparation of the bid. I point out that councils are merely encouraged to put some of their own resources towards the bid funding; it is not necessarily a prerequisite. In the case of Eastbourne, the Government are providing that funding to make sure that there is the best possible opportunity for the council to be successful in its bid for the fund.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
My Lords, all supplementary questions have been asked and answered. Congratulations to the Minister and congratulations to the Back-Benchers.
Fire Safety Bill
Baroness Garden of Frognal ExcerptsWednesday 17th March 2021
(4 years, 10 months ago)
Lords ChamberRead Full debate Fire Safety Bill 2019-21 View all Fire Safety Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 173-I Marshalled list for Consideration of Commons reasons - (15 Mar 2021)
The Deputy Speaker (Baroness Garden of Frognal) (LD)
My Lords, I now call the noble Baroness, Lady Pinnock, to speak to but not, at this point, to move Motion C2.
Baroness Pinnock (LD) [V]
My Lords, I draw the attention of the House to my relevant interests as a vice-president of the Local Government Association and a member of Kirklees Council.
Much has happened since the Bill was last debated in this House in November. It is already clear from the contributions to this debate today that this is an unresolved crisis of major proportions. I thank the Minister for the opportunities that he has provided to discuss the issues raised. The Government’s response has been to regard this as largely an issue for lease- holders and freeholders to resolve. Gradually, however, they have acceded to the principle that, without government intervention and funding, the problem will not be resolved.
The purpose of all the amendments in my name and that of the right reverend Prelate the Bishop of St Albans is to extend the principle already agreed by the Government. Amendment 4F in my name would extend the contribution that the Government make to cover not just the remediation but the extortionate service charges and higher insurance costs that are currently being levied on these leaseholders. This serious problem can be successfully fixed only with up-front funding from the Government, which can then be recouped from developers, construction firms and manufacturers.
The Government’s own estimate is that the total cost of remediation will be in the region of £16 billion. The buildings involved are not just in London but all across the country. Following the Grenfell tragedy, we now know that ACM cladding was affixed to blocks when it was known to be inflammable. As the cladding is peeled away, further serious building defects are revealed. The Government recognise this, as they have issued a directive to local authorities requiring an inspection of various features, including fire breaks, insulation and spandrel panels, as well as cladding. This is now much more than a cladding scandal; it has become a construction crisis.
Worse still is that some of the defects that are being exposed were in breach of building regulations even at the time of construction. The big question then is: who is going to pay? Currently, the Government are providing grants for the removal of cladding only and are restricting those grants to buildings of 18 metres or more in height. Yet cladding has to be removed from all blocks, irrespective of height. The Government have chosen 18 metres partly because they simply have no idea how many blocks there are that are lower than 18 metres. I have asked the ministry for the analysis of those risks to which the Minister will refer but have received no reply to date. Good decision-making is dependent on well-researched data, which is then shared for all decision-makers.
At the heart of this crisis are people who have done everything right and nothing wrong. They are innocent victims and have suffered enough. Imagine living in a flat with your family, knowing for three years or more that the home you saved hard to buy is a significant fire risk. That fact alone has left emotional scars on those leaseholders. Then imagine, having carefully budgeted, being faced with an additional service charge of several hundreds of pounds each month to cover the extras: waking watch, insurance and more. For some, the final straw is that you are then billed for the costs of total remediation. For individuals faced with these enormous bills, the choices are very limited.
Bankruptcy has already been the solution for too many. George is one such. He describes himself as a frightened leaseholder and says, “I have been informed that it will cost £2 million to replace the cladding and remedy the defects. That is £50,000 per flat. I’ll be bankrupt by the end of the year at the age of 28. The building has one grant, covering 10% of the costs.” Everything that he and others have worked and saved for is lost through no fault of theirs. It can lead to homelessness. Sarah lives in a flat in the Royal Quay in Liverpool. The normal year service charges for that block were £270,000; this year, the service charges are nearly £1 million. Sarah says that the defects are so numerous that the fire service may have to escalate from a compliance to a prohibition notice, which will shut down the complex. If that occurs, 400 residents will be made homeless.
Not surprisingly, given those examples, for some the stress is such that very serious mental illness, or worse, has followed. Hundreds of thousands of individuals and families are watching and waiting for the decision of this House today. They are willing us on to help to find a fair and just solution to a problem that is not in any way of their making, yet they are the ones who are being asked to pay the price. If the right reverend Prelate the Bishop of St Albans wishes to divide the House, as he has indicated, the Liberal Democrat Benches will support him. If, however, he chooses not to do so, then I will wish to test the opinion of the House.
Housing: Rent and Covid-19
Baroness Garden of Frognal Excerpts(5 years, 4 months ago)
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Lord Greenhalgh (Con)
My Lords, I will not give that precise assurance; however, it is important, when we develop schemes such as that at Canary Wharf, that there is social value, that jobs are created for local people and that the benefits of redevelopment and regeneration spread out to the whole community where such schemes take place.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
My Lords, the time allowed for this Question has now elapsed and I apologise to the noble Baroness, Lady Greengross, who has not been able to put her question.
Business and Planning Bill
Baroness Garden of Frognal ExcerptsTuesday 14th July 2020
(5 years, 7 months ago)
Lords ChamberRead Full debate Business and Planning Act 2020 View all Business and Planning Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-I Marshalled list for Committee - (8 Jul 2020)
The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)
We now come to the group beginning with Amendment 59. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate and anyone wishing to press this or any other amendment in this group to a Division should make that clear in debate.
Clause 17: Extension of duration of certain planning permissions
Amendment 59
“Three-month parliamentary reviews
(1) This Act expires at the end of a review period unless the condition in subsection (2) is met.(2) The condition is that both Houses of Parliament have, following a debate, passed a resolution during the review period in the form in subsection (3).(3) The form of the resolution is—“That the provisions of the Business and Planning Act 2020 should not yet expire.”(4) The first review period begins on the day 90 days after the day on which this Act is passed.(5) Subsequent review periods begin on the day 90 days after the day on which the previous review period ended. (6) A review period ends at the end of the seventh sitting day after the day on which it begins.(7) In this section, a “sitting day” means a day on which both Houses of Parliament are sitting (and a day is only a day on which the House is sitting if the House begins to sit on that day).”Member’s explanatory statement
This new Clause would ensure rolling three-month parliamentary reviews of the legislation.
The Deputy Chairman of Committees
I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate, and anyone wishing to press this amendment to a Division should make that clear in the debate.
Lord Kennedy of Southwark
My Lords, in my first contribution I should have declared my interests as a vice-president of the Local Government Association and as president of National Pubwatch.
Amendment 76 in my name is a solitary amendment and was first raised in the other place by my good friend the Member for Hackney South and Shoreditch, Meg Hillier MP. The intention is to allow Parliament to consider the impact of the measures introduced by the Bill and to repeal them should unintended consequences occur. I very much agree with my honourable friend in the other place that it is particularly important for Parliament to take a power to repeal measures since so little time has been given for the Bill to be debated. Are noble Lords satisfied that we have had sufficient time to scrutinise the Bill? I suggest that we have not had enough time, but there is a lot of pressure to get it agreed. It is therefore important to ensure that we have a mechanism to deal with issues.
There is one important difference between my amendment and that which was debated in the House of Commons. In the amendment before the House of Commons it was for the Commons to conduct the review, while my amendment gives a role for the House of Lords. That is in recognition of the expertise in this House. For me, that was an omission in the discussions in the other place.
I expect I will shortly be told that this amendment is unnecessary as the Bill includes a provision for the affirmative procedure for draft regulations, but that affords little scrutiny, especially in the Commons where only a small number of MPs have the chance to raise concerns. This amendment would allow Parliament to review the impact of the provisions in the late autumn. If the Minister is unable to accept it, perhaps he could explain how the Government will allow the House otherwise to repeal aspects of legislation should the concerns around provisions prove founded. I beg to move.
Lord Shipley [V]
My Lords, I support the noble Lord, Lord Kennedy of Southwark. I spoke about this issue at Second Reading and said that there was a need for quarterly reviews of the practical operation of this legislation, with scope for amending it if there were unforeseen or unintended consequences. The Minister said that he did not wish to “compromise the stability” that the Government sought and wanted to avoid “an unpredictable cliff edge” for those implementing the legislation who might find it difficult if the law changed constantly.
I understand that perspective. Of course, the solution is to proof this legislation properly: first, against mistakes, and secondly, by providing a means of putting right any unforeseen consequences of the Bill. I venture to suggest that there will be some unintended consequences; the question is how they will be put right. How will mistakes be corrected during the operation of this Bill, and would not the simplest means be to do what the noble Lord, Lord Kennedy of Southwark, suggests?
The Deputy Chairman of Committees
We do not seem to have the noble Baroness, Lady Uddin, so I call the noble Baroness, Lady Pinnock.
Baroness Pinnock [V]
I too support this amendment, moved by the noble Lord, Lord Kennedy. The issues were raised at Second Reading. There will be unexpected impacts as a consequence of the ramifications of this Bill on both licensing and planning legislation. There must be a means of addressing them in a timely way. So far, we have not heard from the Government how that will be done. The noble Lord has brought forward a reasonable proposal for how any issues that arise from the Bill could be addressed, but as yet the Government do not appear ready to accept it. I look forward to what the Minister has to say in response.
Earl Howe (Con)
My Lords, I am grateful to the noble Lord, Lord Kennedy, for his amendment.
First, I recognise that this legislation is passing through Parliament at considerable speed. Your Lordships rightly stress the importance of scrutiny. However, any review of the kind proposed by the noble Lord should be proportionate to the issue in question. The measures in this Bill respond to the specific conditions created by the Covid-19 pandemic. We have already ensured that the vast majority of those measures are explicitly temporary or relate to temporary schemes.
Amendment 76 would create a potential cut-off to the Bill’s provisions every quarter. The Government believe that that would be very unhelpful and undermine the purpose of the Bill. Surely we need to give the economy and businesses stability and reassurance. Bringing these measures back to Parliament every three months for positive reapproval would create the very thing that businesses want to see the back of—uncertainty—and would severely dilute the benefits intended in the Bill. We cannot expect businesses and local authorities to operate not knowing whether these measures will be turned on or off every quarter. Construction work may be delayed or cancelled, vital freight vehicles may lie dormant, and businesses may find it difficult to operate.
Indeed, different sectors will need their provisions for different amounts of time. The different end dates of the temporary provisions in the Bill reflect the different effects of Covid-19 according to sector. For example, the challenges facing restaurants, bars and pubs are not the same as those facing HGV drivers, developers or construction firms.
I am not dismissing the case for scrutiny. Parliament will still be able to monitor and scrutinise the Government’s actions in all the usual ways. Let us bear in mind that, as the noble Lord reminded us, the powers to extend the duration of the temporary measures are subject to the affirmative procedure to provide opportunity for thorough scrutiny of the use of these provisions. As my noble friend Lord Greenhalgh outlined yesterday, we will also accept the Delegated Powers and Regulatory Reform Committee’s recommendation in relation to the powers to extend measures in this Bill, to ensure that the effects of coronavirus are part of that consideration.
The noble Lord, Lord Shipley, asked how we as a Parliament will monitor mistakes and how those mistakes will be corrected. The answer is that built into these provisions are flexibilities that lie largely in the hands of local authorities, which can, taking pavement licences as an example, amend conditions or remove the licence altogether. In so far as we have devolved powers to local authorities, they have the ability to correct mistakes, if one can put it that way.
My final point, which I invite the noble Lord, Lord Kennedy, to reflect on, is that a rolling review would mean that we could not implement the two permanent measures in the Bill. We would not be able to reform the Planning Inspectorate appeals system, as was recommended by the Rosewell review and has already been implemented in Wales, and we would not be able to future-proof rules for temporary exemptions from heavy vehicle testing. The existing rules allow for exemptions to be issued on a blanket basis during exceptional circumstances. The measures in this Bill will allow the Government to issue exemptions on the basis of road safety risk, while still being constrained through regulations to issue these exemptions in relation to exceptional circumstances. This corrects a deficiency in existing emergency powers.
For these reasons, I cannot accept this amendment and I hope that the noble Lord will feel able to withdraw it.
The Deputy Chairman of Committees
I have received a request from the noble Baroness, Lady Uddin, to speak briefly after the Minister.
Baroness Uddin (Non-Afl) [V]
My Lords, I wanted to speak in support of the noble Lord, Lord Kennedy of Southwark. I was not able to do so because I was muted from the other side; I therefore seek the leniency of the House in making my points.
In the past few months, we have become accustomed to approving measures retrospectively. Our debates have become mostly redundant because of the need to accommodate the next set of schedules and amendments. It has been important for me to put forward my views on this Bill.
Given the significant role of local authorities in the recovery of our communities, the reporting requirement in this amendment must detail the extra cost of how measures in this Bill will have an impact on local communities, as it is not clear. As a former councillor, I fear that the inevitable result will be a greater workload and higher cost for most authorities, including planning services. Many local authorities have been put on the back foot by some of the proposed measures and, by all accounts, feel sidelined.
As the noble Lord, Lord Paddick, and other noble Lords passionately detailed, it is local authorities and local police forces who will have to manage the fallout and environmental impact of any breaches or disputes and mop up after anti-social behaviour. I am in complete agreement with the points made yesterday by the noble Lords, Lord Paddick and Lord Sheikh, about the result and detrimental impact of increasing the availability of alcohol. Therefore, this House requires more than assurances on reducing closing times. The impact can be felt by local residents—as well as the police and health services, of course—long into the night.
I am also concerned about the planning aspects of the Bill coming into this emergency process. The three-monthly review required by this amendment is of the highest imperative in warranting the necessary transparency in, and safeguarding of, local consideration of public interests. The Bill would worryingly enable planned development delayed by the Covid-19 outbreak to go ahead, forgoing the usual standards, such as requirement of local public consent, as eloquently detailed by the noble Lord, Lord Balfe, and others.
I appreciate that responding to housing need is of the utmost urgency. As a former deputy leader of Tower Hamlets Council, I am also fully conscious of the central role of local authorities in the planning process, and their duties and obligations to meet the needs of local residents and communities. This is equally significant when considering the environmental and health effects of long working hours on residents, particularly children. What provision will be made for environmental standards in the proposed local government emergency planning reforms?
It is worth reflecting on the Government’s own recent deluge of impositions, usurping the local planning process, which would have obvious detrimental consequences, incurring significant financial loss to the community benefits available from a number of local planning permissions granted. For decades, this has been a creative partnership route, allowing local authorities to build a fairer and more balanced mix of social and private housing and community facilities. The delay to accessing the community interest levy suggested in the Bill is deeply unsatisfactory. What consideration will be given to working with housing associations to ensure that good-quality family housing will also be built through permitted development rights —not just expensive housing creating segregated communities and further exacerbating social division? If the Minister is not able to answer, I would appreciate it if he would write to me and other interested Members.
No matter the political expediency, I see no value in, or justification for, management or planning decisions falling under emergency measures. I agree with my noble friend Lord Hain and the noble Baroness, Lady Wilcox, who have cited justified concerns and questions about land banking and other tensions within local authorities that they have to deal with. Local authorities should be at the heart of planning consent, and the Government should not persist in allowing fast-tracking for developers, which will inevitably compromise community housing needs.
The Bill would amend existing requirements concerning appeals to the Planning Inspectorate and would be a permanent change to the appeal procedure; it is a fundamental shift in local democratic accountability. Therefore, will the Minister assure the Committee that the quarterly review will encompass independent and local oversight of all planning applications granted for housing under this emergency legislation? Will he also make public any objections raised by local residents to safeguard due process in all planning consent while this emergency legislation is in place? I am extremely grateful to all Members for their patience.
The Deputy Chairman of Committees
I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate, and anyone wishing to press this amendment to a Division should make that clear in debate.
Amendment 77
Business and Planning Bill
Baroness Garden of Frognal ExcerptsMonday 13th July 2020
(5 years, 7 months ago)
Lords ChamberRead Full debate Business and Planning Act 2020 View all Business and Planning Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-I Marshalled list for Committee - (8 Jul 2020)
The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)
My Lords, I have received a request to speak after the Minister from the noble Baroness, Lady McIntosh of Pickering.
Baroness McIntosh of Pickering [V]
My Lords, my noble friend has answered my question and I am absolutely delighted with her answer.
The Deputy Chairman of Committees
We now come to the group beginning with Amendment 2. I remind the Committee that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or any other amendment in this group to a Division should make that clear in debate.
Amendment 2
Baroness Uddin (Non-Afl) [V]
My Lords, it is a pleasure to follow my noble friend’s enthusiasm and wise observations. I had signed up to speak on Second Reading and, due to unfortunate technical problems, was unable to do so. I wish to speak to Amendments 6 and 8.
I echo the introductory comments of the noble Lord, Lord Balfe. His concerns may be widely applicable in many areas of our country. I am deeply concerned about the impact of the fast-tracking measures that will allow alcohol to be served outside or off premises. I witnessed first-hand a large event at a venue nearby, on two consecutive weekends, and was shocked to witness large numbers of young people gathered without any social distancing—not a mask in sight—spilling on to the streets, as highlighted by the noble Lord, Lord Bourne. I welcome the points made earlier by the noble Baroness, Lady Neville-Rolfe, about age verification. I question the age of many present at these gatherings and agree with the noble Lord, Lord Clement-Jones, that it is not enough to rely on staff minding the entrance to ensure identity of large numbers of eagerly waiting young persons.
I suggest to the Government that the beneficial income revenue is likely to be seriously compromised by insurmountable amounts of litter, men urinating on the road and against buildings, activity going well into unsocial hours with an unacceptable level of noise and antisocial behaviour and disturbance, inevitably causing concern to nearby family residents. In fact, a group of people came over to my car as I was driving by, who were drunk and aggressive. Witnessing this was my adult son, who lives with autism. He was distinctly alarmed and anxious. I could see no one obviously enforcing rules at this event and no signposting for social distancing rules or for toilets.
Therefore, I am uncomfortable that some licences will be granted for more than a year without review. They are the most significant changes in licensing laws for years, and local authority and police services do not have any additional resources and will not be equipped to take on additional duties to monitor these licences for compliance without extra funding.
The proposal that local councils will have permission to revoke licences is, frankly, not good enough. Can the Minister clarify that local authorities and police forces locally have been allocated the necessary resources? Will these measures embed due regard to the rights of residents nearby, particularly those who are disabled or may be vulnerable young women, including the impact on women staff members? I was pleased that the noble Baroness, Lady Meacher, referred to the danger of excessive availability late at night of cheap alcohol. As a former manager of drug and alcohol services, I agree wholeheartedly.
I am not convinced that communities, local authorities and police have been adequately consulted, particularly on the impact on people with disabilities and the environmental impact on their lives of these measures. Can the Minister say that residents, including those who are disabled, will be consulted—reaching out to all residents, including those for whom English may not be their first language? Will there be opportunities to express any dissent, and will a public reporting mechanism be established and made available in various locally relevant languages?
Finally, in support of the noble Lord, Lord Holmes, and comments made by the noble Baroness, Lady Grey-Thompson, and other noble Lords, I agree that, even at this time of duress, this House must be assured of adherence to the fundamentals of the public sector equality duty, and thus respect all the prerequisites of ensuring compliance, not just by local authorities but by those who hold a licence. Throughout this pandemic, I have sought assurances from the Government that we heed local conditions and respect local needs, including those based on the population and its linguistic requirements, and consider lack of access to online services for a large section of our populations. I am confident that the Government will continue to honour this duty and ensure that public consultation materials, printed and online, are available in accessible formats—including Braille, audio and translated into some of the relevant languages—and made available on a variety of platforms, including ethnic minority media platforms.
The Deputy Chairman of Committees
My Lords, the noble Baroness, Lady Goudie, has withdrawn, so I now call the noble Lord, Lord Balfe.
Lord Balfe [V]
I am indebted to my noble friend Lady Neville-Rolfe for giving me a new description, which I am proud to have, of having reached a more stately stage of life. I plead guilty to that.
Mention has been made by my noble friend Lady Neville-Rolfe and by others of the need to get the economy moving, that this is a temporary measure and all the rest. I ask noble Lords to remember that we are sending out terribly mixed messages. I happened to be in Cambridge station yesterday, and there people are still being advised not to travel. They are still saying that you should stay at home, at the same time as the Government are saying that you should now suddenly not stay at home.
I do not accept that this will make that much difference. I referred earlier to the Office for National Statistics survey, which shows quite clearly that a very large number of people—indeed, a majority—have no intention of going back to an enclosed restaurant in the foreseeable future. We need to distinguish between a temporary measure and what I am beginning to sense is almost a panic measure—the belief that, if we pass this Bill, suddenly everybody will go back to restaurants; that is not necessarily true.
I make another point about my tour of Mill Road, Cambridge, which I introduced in the first series of amendments. I did a very close survey of it in connection with the alcohol licence I mentioned earlier, which was opposed. There are two, if not three shops in Mill Road which are owned by Muslims, and two of them, at least, do not, on principle, sell alcohol. The idea that seems to be punted around that everybody wants to sell alcohol as a way of getting back to normal is not necessarily true. There are shopkeepers that do not wish to sell alcohol but to make a living selling groceries.
I also welcome Amendment 17, in the name of my noble friend, Lord Holmes, in particular the provision that asks local authorities to visit the area. There is no real substitute for local people, particularly local councillors, looking at an area where an application has been made and applying some common-sense judgment. I would say that that is common-sense judgment very much bearing in mind the broad guidelines put forward by my noble friend Lord Blencathra. Some people will ask, “How wide should it be?”, so those guidelines are extremely important, but it is also important that local government and local councillors are made accountable for the decisions in their area. You cannot have local democracy if you are constantly falling back on saying, “Oh well, the Minister says this, the Minister has said that”. So I welcome that, and I think “the local authority must” is an important element.
Lord Carlile of Berriew [V]
My Lords, I start by congratulating the noble Baroness, Lady Northover, on having the courage to present this important amendment, and on doing it so well—[Connection lost.]
The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)
Lord Carlile, are you still there? We had better move to the noble Lord, Lord Rennard, and we may try to get the noble Lord, Lord Carlile, back later.
Lord Rennard (LD) [V]
My Lords, the principle of providing pavement licences is welcome, and I believe that this amendment will help to encourage more businesses in the hospitality sector to open. It has been put forward superbly by my noble friend Lady Northover and other noble Lords.
Over the weekend, I was able to visit excellent cafés on the Eastbourne sea front which were all following sensible and necessary precautions in relation to social distancing et cetera. However, as an asthmatic who has never enjoyed having to suffer other people’s tobacco smoke, I would not have enjoyed the experience if I had been subject to smoke blowing across from nearby tables. I was also mindful that staff in these establishments could not be protected from second-hand smoking if it had been permitted in these outdoor areas. Where I went would not have seemed so family-friendly, and passers-by would have been at risk, as pavement licences will apply to areas close to where people will be walking.
There is some misunderstanding over this amendment. It is about smoking immediately outside premises, where smoke drifts in and staff and customers are heavily exposed. It is not unlike the prohibition on smoking, agreed in 2007, in relevant parts of railway stations. These regulations cover concourses, ticket halls and platforms. Smoking is at present banned in public places. That ban has wide support, and it should be banned where pavement licences are now granted. If we do what the tobacco companies want, we will be undermining the Government’s own aim of creating a smoke-free country by 2030.
Lord Naseby [V]
My Lords, this is not a health Bill, as my noble friend Lady Noakes pointed out; it is a temporary measure. I am sorry to say this, but I think that this is an emotional amendment—and I speak as someone who is a non-smoker. I would remind your Lordships that tobacco is a legal product that is marketed with awareness packaging. Moreover, we need to take on board that we are talking about the nearly 7 million people in our population who still smoke, plus the 3.6 million who are vaping.
A great deal has been said about smoke curling around people who are eating and so on, but in an outdoor situation, tobacco smoke is highly diluted and dissipates very quickly in almost every atmospheric condition. It is absolutely right that smokers have a responsibility to behave properly towards the people around them, particularly when they are accompanied by children.
The proposal being put forward in this amendment to force pubs and cafés to ban smoking outside their premises—otherwise they will be refused permission to serve drinks—is wholly disproportionate. At a time when all our small businesses are on their knees, struggling to survive under the pressure of coping with Covid-19, I suggest that the last thing they need is further restrictions that will drive away desperately needed customers.
I am not saying that this measure would not be appropriate in a proper health Bill at some point, as soon as the authorities deem it to be relevant to take a particular action one way or another—but to hang this ban on to a temporary Bill that is designed to help every small business, not just those whose customers are not smokers, is entirely wrong in my view.
Lord Carlile of Berriew [V]
My Lords, I apologise—just as I was speaking, there was a power cut in my home. I was saying that in 2015, some 115,000 people died of smoking-related diseases in the UK alone, at a time when knowledge of the dangers of smoking was complete. Since at least 2006, when a significant report was published by Stanford University, it has been known that exposure to tobacco smoke outdoors is less damaging but still potentially very damaging. The noble Lord, Lord Ribeiro, who is a considerable medical expert in your Lordships’ House, described clearly how the effects of tobacco can be transferred outdoors.
Let us turn to the nature of the venues that we are discussing. We are not talking about people smoking cigarettes in a field or in a park, or walking along a pavement and making steady progress. The nature of many of the venues that we are discussing here involves canopies, umbrellas and, by definition, proximity. We need only look at the courtyard of every public house.
The Deputy Chairman of Committees
The noble Lord, Lord Adonis, has withdrawn, so I call the noble Baroness, Lady Pinnock.
Baroness Pinnock [V]
My Lords, we have heard powerful and eloquent contributions, led by my noble friend Lady Northover, on the imperative to ensure that by extending ways in which pubs and cafés can serve customers, we do not also inadvertently extend opportunities for smoking. All the arguments have been made. I wholeheartedly support this amendment. It has cross-party support. I look forward to the Minister indicating that the Government accept that this amendment is essential for public health.
The Deputy Chairman of Committees
My Lords, we now come to the group consisting of Amendment 24. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division should make that clear in the debate.
Amendment 24
The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)
I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or any other amendment in this group to a Division should make that clear in debate.
Clause 12: Removal of powers of court in relation to unfair relationships
Amendment 46
The Deputy Chairman of Committees
The noble Baroness, Lady Goudie, is not with us, so I call the noble Baroness, Lady Uddin.
Baroness Uddin [V]
My Lords, I support Amendment 48 in the name of the noble Lord, Lord Stevenson of Balmacara. I have just a few brief points. I shall speak specifically about data collection and the reporting requirement for the Bounce Back Loan Schemes. Despite the pandemic, we cannot overlook the need for transparency, open government and a robust process of reporting to Parliament. Current data relating to the total number of applications and the number of loans granted does not make allowances for how well the scheme is working to help businesses through the crisis, including SMEs, as the noble Baroness, Lady Altmann, referred to. There is inadequate data on the number of businesses that could not access loan schemes and why they were refused. This should be addressed in the reporting mechanism.
The curry industry, which I referred to earlier, has reported that its members are experiencing a great deal of difficulty in accessing this financial support. I am deeply concerned about eradicating any inequity that they might be experiencing. Therefore, I would like more detailed reporting to include the number of successful applications from SMEs led by BAME communities, particularly in the curry industry, and, more specifically for the curry industry itself, the actual number of applications that have been successful and those that have been rejected.
The Deputy Chairman of Committees
We now come to the group beginning with the Question that Clause 13 stand part. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this, or anything else in this group, to a Division should make that clear in the debate.
Lord Tunnicliffe (Lab) [V]
My Lords, I gave notice to oppose Clauses 13 and 14 because I did not understand them and felt that their meaning needed clarifying. This is an opportunity for the Minister to explain how they work in simple language. I thank the Minister and her team for the time they have taken explaining the clauses to me. Providing the Minister’s explanations are in line with our discussions, and she reads them into the record for the enlightenment of industry practitioners, I am optimistic that I will not need to take my concerns any further.
The Deputy Chairman of Committees
I call the noble Earl, Lord Attlee. We cannot hear the noble Earl. We will move on to the noble Baroness, Lady Kramer, and come back to the noble Earl later.
Baroness Kramer [V]
My Lords, I will be exceedingly brief. I only wanted to address Clause 14(2)(b), which is basically about HGV licence applications. The Government have, in effect, temporarily waived the requirement for medical certificates, which I find entirely appropriate in light of the pandemic and the difficulty of requiring the medical profession—distracting them, if you like—to carry out the various tests and fill out the various forms that would provide those certificates.
My question is this: having made the decision that it is possible to grant HGV licences on this basis, are the Government willing to agree to do the same for other applicants for drivers licences? I am particularly concerned about others who, like me, are about to turn 70. We, of course, have to obtain new licences as we reach 70. I have been able to do it very easily online because I have the right sort of picture-based identity and passport, and because I did not require a medical certificate.
However, I have received a number of letters from various people who have not been in that position and are now finding that their licences are expiring at a time when they really do need to be able to use their cars. Being over 70, they are quite anxious about going on public transport; I think most people would think that that was entirely appropriate. Having made a decision that it is going to temporarily waive that medical requirement for HGV drivers, will the Government now consider doing it particularly for the over-70s?
Earl Attlee (Con) [V]
Yes, I am here, my Lords.
I have Amendment 49 in this group and it may be convenient to speak to it now. Before doing so, I should declare an interest in that I operate heavy goods vehicles in a private capacity and present them for testing. The Committee will be pleased to hear that the last one I prepared passed first time, despite being of some age.
In a modern society we utilise, or go near, a wide range of equipment, facilities and infrastructure that, if not properly maintained, could be extremely hazardous. Think about electrical systems, trains, lifts, aircraft, the underground system—once run by the noble Lord, Lord Tunnicliffe—pressure vessels, steam boilers and the like. Disasters are very rare because the systems are subject both to regular and statutory inspections performed by what is termed a “competent person”—an individual who has the necessary experience, training and independence from the operator and the owner of the equipment, so that he or she can inspect the system or equipment without fear or favour. The competent person is not normally employed by the state but by private industry or commerce.
The Committee will be painfully aware that motor vehicles are a serious safety hazard if not properly maintained. Private motor cars are annually inspected by an MOT garage and the inspector is authorised by the Secretary of State but employed by the garage or testing station. There is no difficulty in securing a test date because the motor trade ensures there are a sufficient number of testing stations and authorised testers.
The situation with heavy goods vehicle testing is very different. What are termed authorised testing facilities—ATFs—are provided and funded by industry but authorised by the Driver and Vehicle Standards Agency—the DVSA. The vehicle inspectors are employees of, and provided by, the DVSA. Levels of remuneration are screwed down by the Treasury to such an extent that the DVSA is always underresourced, with only just enough inspectors to meet demand—at best. Even in normal times, one would expect to wait six weeks for a new test date. This is not a short-term Covid problem.