Localism Bill
Debate between Baroness Hanham and Lord Newton of Braintree
Lord Newton of Braintree
My Lords, perhaps I may briefly comment on the back of that. It was extremely helpful. Incidentally, I note that the noble Lord opened the Hanover Housing Association development in what was my constituency and is now part of my wife’s patch: she was then in charge of social housing, so I declare that interest.
A lot of councils and housing associations do not want to go down this path. I hesitate to oppose all ideas of flexibility, because on the whole it is a good thing—and trying to say that localism is not a good thing is rather like opposing motherhood. However, if it were acknowledged that most people do not wish to see this policy applied, and if the Minister were to accept that no pressure will be put on them to apply it, that would ease the minds of many of us.
Baroness Hanham
My Lords, I hope that I can ease the minds of all noble Lords on this. When we say flexible tenancies, that is what we mean. We also mean, with localism, that local authorities, housing associations and social landlords will be able to make their own decisions about this. If local authorities decide that they have enough housing provision and can manage their tenancies without the flexibility that we are offering, and if, as the noble Lord said, they are providing specialist housing, for example for older people, they will offer lifetime tenancies and that will be it—no one will put any pressure on them.
The reasons for introducing the measures relate, first, to the fact that housing is in short supply. Anyone who has anything to do with local authority housing knows that some people do not need lifetime tenancies. For various reasons they need them for a short term such as five or 10 years. At the end of that time their children may have grown up, they may need to move, their income may have improved so that they no longer need social housing and they may be perfectly happy to have a shorter tenancy. The move is in the right direction. It is correct that we should be able to say to local authorities that in discussion with their tenants they will be able to offer a tenancy of less than a lifetime. If, at the end of the three, four, five or 10 years that the tenancy is for, the situation has not changed, they will renew the tenancy. Nothing here threatens any housing association or anyone who is looking for social housing.
We have made it absolutely clear, and I have laid information on this in the House Library, that the two years mentioned in the Bill—I do not accept the premise of the noble Lord, Lord Whitty, that we should put five years and then downgrade it to two—will be exceptional. Some noble Lords may not agree, but some people need only short-term accommodation. The Minister, Mr Shapps, cited someone he knew who had a major disability that was caused unexpectedly and who for a very short time needed help, which the local authority under these provisions would be able to give him because it could give a restricted-time tenancy. Other people such as recovering drug addicts and people with short-term financial problems should not be given a lifetime tenancy but would benefit from social housing for a short time on the understanding that if at the end of two years the situation has not changed they will be offered a further tenancy if it is required.
I refute absolutely that we are trying to change the whole nature of a tenancy. We are trying to maximise the use and value of social housing. We have all agreed this afternoon that it is limited, that it is precious and that some people require it at various stages of their lives. To entitle local authorities to have flexibility in what they do seems to us to be just plain sensible at this stage and in the situation we are in. We have made it clear—again, this draft is in the Library—that two years is to be exceptional and that the tenancy policies of social landlords and local councils will have to state what they mean by exceptional. A tenancy policy will state what the landlord sees as a possible exception for two years. That will have to be laid out so that everyone knows what it is. The expectation is that these will not be used very frequently. They will probably be used very infrequently, but there should be the right to have that flexibility. Therefore, by definition, the tenures stretch from two years rather than five, as is being proposed. We wish the two years to stay in the Bill.
I trust that the noble Lord, Lord Shipley, and others have received the letter that I sent during the summer saying what we are proposing to do. We have made clear to the social housing regulator that this is to be the situation in the new tenancy standard on which we are currently consulting. The revised text sets out that tenancies with a term of less than five years may be granted only exceptionally, and if social landlords decide that there are exceptional circumstances they will be able to set out in their tenancy policies what those exceptional circumstances will be.
In addition to the example I have given, young people who need support for a short time, families who need a larger home for a short period and shorter-term support for recovering alcoholics and drug addicts are examples that we have been given as a result of the consultation on this by social landlords. They are real cases and there is a real ability to help people.
When the noble Lord, Lord Shipley, raised this in Committee, I made it clear that we recognise that the needs of older people and those with disabilities, for example, are going to remain constant over the long term. It will certainly be open to local authorities to give them long-term tenancies. It is perfectly sensible to keep older people in the house or flat that they are familiar with and not to remove them from the people and places that are familiar to them. We believe that landlords understand that as well, but we believe that safeguards are needed and that the tenancy standards are the right place for them as they will cover all tenants. This is important because the amendment would not cover both social tenancies and local authority tenancies. We believe that they should cover both so there is no doubt about it. We are consulting on a draft direction, and we will consider whether that can be tightened up. The direction relates to the tenancy policy. If it is possible, I hope that we will have a draft of that before Report, but I shall not make any promises on that at the moment.
We believe that Amendment 28, which was tabled by the noble Lord, Lord Shipley, is unnecessary. It seeks to guarantee continued security on moving home for secure and assured tenants, but only when they move to a local authority home. We want to make it clear that we are talking about moving within the affordable sector. Through the tenancy standards, we have guaranteed continuing security for existing tenants who move to another social-rented home.
I hope that I have made it clear in what I have said and the way I have said it that we do not expect these provisions to do anything other than free some local authority and social housing from people who do not need it and make it available for people who do, but they by no means undermine the provision and ethos that people who need a home for life should have it. It is just recognition that that is not always the situation and that local authorities should be able to work to that.
Localism Bill
Debate between Baroness Hanham and Lord Newton of Braintree
Baroness Hanham
My noble friend Lord True asked about the extent to which the regulations would lead to a one-size-fits-all approach. We think it is important that local communities put these forums together in a way that suits them, although the forums will have to be put together in conjunction with the local planning authorities. Those planning authorities will be able to see their plans at the neighbourhood level through the development plan documents, but those documents will influence the neighbourhood plans.
The noble Lord, Lord Beecham, asked about the designation of the neighbourhood forums. I think I responded to this. The local planning authority will be responsible for designating a neighbourhood area and deciding whether it is a business neighbourhood. It will be left to the local authority to decide whether there is a majority of business people or a majority of local people. The Bill does not allow for overlapping neighbourhood areas, which provides certainty as to which area you are in and which policies apply. As I said, if you are in a business area you are in a business area. Neighbourhood areas outside it will need their own forums.
I think I have responded to most of the questions that I have been asked, and I hope that with those responses noble Lords will not press their amendments to a vote.
Lord Newton of Braintree
My Lords, I would still like to know how we will define the group of persons stated in the Bill as wanting to live in an area?
Baroness Hanham
My Lords, lots of areas are places where people would like to live and where they aspire to live. Neighbourhood forums may know some people like that. It is not a brilliant definition, so if I can get a better answer, I will do so.
Baroness Hanham
My Lords, I thank noble Lords for their brevity in introducing these amendments. I do not think that I want to comment widely on what my noble friend Lord Jenkin said in addressing the stand part. It was not entirely to do with this part of the Bill but was a much more wide-ranging discussion on the nature of the Bill and his concerns about it. I am glad to know that he will be able to express them to the Minister who is handling the Bill, Greg Clark, and I am sure that the discussions will be well received, because Greg Clark has been very notable in consensus in the other place. Whether he will be able to be consensual with what is being said, I do not know. Noble Lords say that the Bill is trying to micromanage all the processes, but we do not think that that is what we are trying to do. It intends to provide guidance in regulations and to use a light-touch way to bring in what is in many cases, in many parts of the Bill, a new way to manage local areas and authorities.
I want to address one or two areas that were raised. The noble Lord, Lord True, has a very great deal of concerns about this Bill. There is not a lot that I can say to reassure him to make it any better. But as regards why the local authority should make decisions, I think that the noble Lord himself, as leader of a council, would be very upset if the council did not have a role in ensuring that neighbourhood forums were where they were wanted by the neighbourhood. He would be upset if they were not properly constructed in a way that the council thought was sensible, as well as the people who lived in that area. On why communities will be taking the initiative in planning their areas and on who will initiate the process of deciding a neighbourhood area, the local council will have an important role in the work of ensuring that they are coherent. On overlapping areas and ward boundaries, the latter are reasonably sensible in towns, being well understood and well designated. They largely cover similar areas and similar problems. However, I do not believe that there is any difficulty in cities. If I am wrong about this, I will be corrected and will come back on it but I see no reason why there should not be two forums within a ward, if that is the way the ward splits up.
Lord Newton of Braintree
I apologise but whatever may be true in towns, perhaps I might give a direct illustration. My wife’s ward on Braintree District Council is called Coggeshall and North Feering. The neighbouring ward is Feering and Kelvedon, and I need hardly say that North Feering almost certainly sees itself as more closely related for most purposes with Feering and Kelvedon than with Coggeshall, which is roughly two and a half to three miles away. The reason for this is that the ward boundaries have been drawn to produce reasonable equality in order to justify the numbers of councillors. They have nothing to do with the sort of things that we are talking about. Again, we are seeking flexibility, not a straitjacket.
Baroness Hanham
My Lords, I confirm that I was right that wards can divide themselves or be divided into more than one neighbourhood forum, which may pick up on some of the points that my noble friend Lord Newton has made. There is a certain coherence within ward boundaries, but that coherence may be of people having more than one sense of community to come together in a forum within those boundaries.
The noble Lord, Lord Shipley, raised the point about the coming together of the public services White Paper and this legislation. I have not read that White Paper in huge depth but I am sure that somebody has. My sensible answer is to say that we will look at that to see whether there are overlaps or differences. Parish councils are going to be the main type of council in the country that has a mandate to undertake a neighbourhood plan because I gather that, by definition, most areas anywhere in the countryside are parished.
Amendment 148ADCAA is intended to allow a neighbourhood area to cover more than one parish area, where two or more parish councils make a joint application. As I think I said in reply to the previous debate, we are pretty content with that. Our position on many existing town or parish council boundaries is that they will form logical boundaries for neighbourhood planning. I appreciate that there is a great difference in the numbers that are in parish councils, but they will be able to divide themselves into one or two if they wish.
I am not going to comment on all the amendments, as I am told that we have to keep to a very tight timetable. I hope that most of my remarks cover most of the sense of the debate. Perhaps I should quickly respond to the noble Lord, Lord Shipley. He asked whether a neighbourhood plan could be produced covering a parished and a non-parished area. The answer to that is no. The Bill already allows for parishes to work with non-parished areas in preparing comprehensive neighbourhood plans covering both parished and non-parished areas. Neighbourhood forums should be able to become parish councils and we hope that many neighbourhood forums will take the opportunity of producing a neighbourhood plan to consider becoming a new parish council. The Government are required to provide resources to local authorities in respect of any new statutory duty under the new burdens scheme, so the answer to the question of whether there will be financial support is yes.
I hope that with that noble Lords will be happy to withdraw their amendments.