Levelling Up: Funding Allocation

Baroness Hayman of Ullock Excerpts

Monday 23rd January 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, local authorities have recently complained about the Government’s proliferation of competitive funding pots creating a system beset by fragmentation, inefficiency and complexity. Does the Minister really think that the best way to do levelling up is to force struggling councils to constantly compete just to get the investment they desperately need?

[Baroness Scott of Bybrook (Con)]

My Lords, we do not know of a better method for capital funding. There is not just the levelling-up fund but a suite of funding going out to local authorities for capital projects, including the towns funds, the community ownership funds, the freeports and the UK shared prosperity fund, which is given out in terms of percentages.

The Union (Constitution Committee Report)

Baroness Hayman of Ullock Excerpts

Friday 20th January 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank my noble friend Lady Taylor for introducing the report and all the members of the committee who worked to produce it. It is particularly welcome to see the noble Lord, Lord Hennessy, in his place and to hear his very wise words. I also congratulate the noble Lord, Lord Verdirame, on his maiden speech. I very much look forward to his future contributions. There has been much discussion about Scotland in this debate, so I should declare that I am half-Welsh, and so represent that side of the union.

I think that all Members of this House who believe in the union will nevertheless accept that a significant proportion of the population have lost faith in it, as has been mentioned by noble Lords throughout the debate. The right reverend Prelate the Bishop of Leeds talked specifically about young people in this respect. We believe the task for unionists now is to make the case for not just the union as it stands but the potential of what it can be.

It is on that basis that I very much welcome the report by the Constitution Committee. Its recommendations build a vision of a more balanced UK, a modern style of governance and a stronger culture of co-operation and partnership. Each of these principles is crucial for the future of the union. The noble Lord, Lord Dunlop, referred to Gordon Brown’s report, which I hope shows that we on these Benches are committed to this.

I will focus on the points made on central government. There is a real need to modernise central government so that it becomes dynamic, agile, strategic and focused, and it is on this basis that we believe we need a new constitutional settlement in Westminster. I am pleased that the committee has made recommendations on this and encourage the Government to consider the prospect of new constitutional statutes. I am especially interested in the prospect of guarantees over the autonomy of local government; I would add that people across the UK should be given a clearer idea of what they can expect from government.

Westminster and Whitehall should be driven by clear, measurable objectives focused on the needs of the people of this country. If we are to secure the future of the union, we must tackle geographic economic inequalities. For too long, our economy, public services and communities have suffered from sticking-plaster politics. If we are to deliver and grow the economy for everyone, we must move beyond this short-term mindset.

We also need to look beyond the responsibilities of Westminster, which is why I welcome the proposal of a principled devolution framework for England. In the other House, my Labour colleagues have recently announced plans for a new devolution Act to oversee the biggest transfer of power from Westminster in British political history. Our intention is that the Act will provide the framework and process for economic devolution to towns and cities right across England, building on the work of the Commission on the UK’s Future and forming the cornerstone of Labour’s mission to rebuild Britain. By spreading power and the levers of economic policy-making, people closer to the ground with stronger links to local industries and deep knowledge of local assets and skills bases can better tailor interventions and investment to help potential clusters really take off. The Act would give English towns and cities the tools they need to develop credible, long-term growth, with bespoke packages of powers to support prosperity.

New steps must also be taken to support Wales, Scotland and Northern Ireland. The Welsh Government will shortly publish the results of their own consultation on the future powers of the Senedd, which should be considered alongside proposals to broaden the powers available to the Scottish Government. It is similarly important that in Northern Ireland the UK Government support efforts to help restore and strengthen devolution, consistent with the principle of consent and the commitments in the Good Friday agreement. Each of these measures must also be paired with a new emphasis on the spirit of co-operation and intergovernmental relations.

I support the committee’s emphasis on interparliamentary relations; my noble friend Lord Stansgate referred to how important these are for new dialogue. The committee is right to call for openness, transparency and accountability in intergovernmental working. I would add that each authority should be able to not only raise concerns with each other but always expect a proper response. As the report and noble Lords have said, this is ultimately an issue of respect and co-operation. It is not enough for Ministers to phone the First Ministers of Scotland and Wales and think that their job is done; we need a new culture of co-operation which means that representatives from each corner of the UK can input and work together effectively.

In conclusion, much as I welcome the Government’s response that they will carefully consider the recommendations in this report, I urge them to consider just how fragile the union looks today. People across the UK are crying out for change, and many of the proposals in this report can provide exactly that. As we have heard, Britain remains one of the most centralised states in Europe and it is only through bold proposals to counter this that we can spread power, wealth and opportunity to every part of the UK. Many people have, undeniably, lost faith in politics and its ability to improve their lives. We must take the opportunity to address this, to build a fairer society and a stronger economy where everyone has a voice.

Levelling-up and Regeneration Bill

Baroness Hayman of Ullock Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, this has been an excellent debate. I congratulate my noble friend Lady Anderson of Stoke-on-Trent and the noble Lord, Lord Jackson of Peterborough, on their excellent maiden speeches. We very much look forward to their future contributions.

At the beginning of the debate, the Minister admitted that the measures in the Bill could seem rather eclectic. I think that our debate has demonstrated that to be the case, but I was pleased that she promised to listen carefully to noble Lords’ contributions and concerns. Having worked with her on a number of Bills, I am certain that this will be the case, and I look forward to working with her and other noble Lords to improve the Bill as we go through a rather extensive Committee in the near future.

Listening to the debate, I think there is a general feeling that the Bill is not ambitious enough; that it is a missed opportunity. There is also the general concern that the missions, by not being on the face of the Bill, will not necessarily be properly considered as we go through it step by step, let alone be implemented when it finally becomes law. For example, the noble Lord, Lord Crisp, talked about the importance of having to join all this up. Without joining it up, what does it actually mean and what does it achieve?

Noble Lords have also raised concerns about investment. Where is the investment to back this up? Where is fiscal devolution being discussed? How can we ensure that any of these missions will actually be delivered? I do not think there is sufficient confidence in this House around any of those areas. I am sure that they will be debated at length in Committee.

In many ways, the noble Lord, Lord Stevens of Birmingham, hit the nail on the head when he said that this is a misnamed Bill. Ultimately, it seems to be a local government and planning Bill, with a bit of levelling up tacked on to the front.

I will explore some of the themes that have come forward from the debate. First, devolution is clearly a very important part of the Bill. We have heard comparisons with Germany and the importance of having not just sufficient finance but sufficient time and commitment if we are genuinely to deliver what is required.

We have heard that the Bill proposals could be described as delegations where devolution is concerned, rather than actual devolution. This is something that we will have to look at, because that section of the Bill is very complicated. If it is to achieve what the Government want, we need to consider how it can be amended to improve it significantly. My noble friend Lord Hunt of Kings Heath mentioned the fact that some of measures in this section are also conditional. We have heard concerns raised about proposals around PCCs and mayors, which I am sure we will explore in further detail.

The noble Baroness, Lady McIntosh of Pickering, also mentioned the fact that town and parish councils are missing in action in the Bill. I should declare an interest, as my husband is chair of our local parish council and I am sure I will be having my ear bent around that. On this issue, we really benefited from the long experience of the noble Lord, Lord Heseltine. I hope that he will continue to take part as we get to Committee, because his knowledge and passion around genuine partnerships if we are to deliver will be a very important contribution.

Housing has been mentioned a lot, especially the importance of tackling the housing crisis and the missed opportunity to do so in the Bill. The need for more social housing has come up time and again, mentioned by, for example, my noble friend Lady Warwick and the noble Lord, Lord Young of Cookham—our last but certainly not least Back-Bench speaker—who talked about the importance of keeping the housing commitments. I hope the Government have listened to him.

The noble Lord, Lord Best, talked about the importance of the decent homes programme, because improving our existing housing stock is just as important as building new decent, high-standard homes. He also talked about the need to address fuel poverty. While we are on poverty, I congratulate my noble friend Lady Lister on asking why child poverty is not included in the missions.

There has been some discussion around transport, the loss of services and particular issues around rural areas and the lack of investment in the north compared to London. As someone who lives in the north in a rural area, I have had a bit of a double whammy. Transport can be incredibly challenging in those areas.

Education and skills have been talked about. Have the Government analysed the skills that we need? There is a huge skills deficit in some parts of the country. How are we going to deliver these ambitions if we do not have people with the skills to do the work that needs to be done? At the other end of the spectrum, my noble friend Lady Henig and the noble Lord, Lord Russell of Liverpool, talked about the importance of early years provision. Right across the board we need to consider how we support families, young people and people who need to retrain.

Health was brought up over and again—the increase in health inequalities that the right reverend Prelate the Bishop of Carlisle, who I call my noble friend, talked about and, as he said, the deep fractures that Covid exposed in our health inequalities. My noble friend Lord Hain talked about the impact of huge cuts on our public services. So it is not just about health; it is right across the board.

I was interested in what the noble Baroness, Lady Grey-Thompson, said about social prescribing in order to tackle health inequalities. We need to pick that up further.

Town centres were mentioned, along with the fact that we need incentives in areas with local shops to encourage people to go back to those areas. There are clearly issues when it is easier to open a chicken shop than a yoga studio. There will need to be changes of use, so how are we going to tackle that? The noble Earl, Lord Lytton, talked about that issue, and I look forward to working with him on it. The noble Lord, Lord Holmes, talked about accessible streets, which was referenced by the noble Baroness, Lady Grey-Thompson.

The noble Lord, Lord Inglewood, gave some good examples regarding the fact that rural communities have issues. We are both Cumbrian, we live in Cumbria, and a county like that has specific needs that should be addressed.

The last issue that I will touch on is the environment. There has been an awful lot of discussion around the environment. It is missing from the Bill so we need to do a lot of work on that. It was particularly interesting when the noble Lord, Lord Ravensdale, talked about embodied carbon in buildings. That is a really important issue that we just do not talk about enough but which can make a huge difference.

My noble friend Lady Jones of Whitchurch and the noble Lord, Lord Randall, talked about national parks and the Glover review. My noble friend Lady Young of Old Scone talked about the fact that disadvantaged people are further disadvantaged when they are in a poor environment. She talked about the importance of the green belt, which also needs addressing.

My noble friend Lord Whitty mentioned that the majority of green jobs have been created in London. That cannot be right if we are genuinely going to level up. The noble Baroness, Lady Parminter, talked about the need for the Bill to help in meeting our environmental targets. That should be fundamental and central to what we are trying to achieve here.

I shall end with a few thoughts. As my noble friend Lady Anderson of Stoke-on-Trent said in her brilliant maiden speech, levelling up should be about people. If we are to achieve it with any degree of success, as noble Lords have said, we must have the long-term funding and the resources to be able to do it. The noble Lord, Lord Walney, talked about a sustained programme of action.

The right reverend Prelate the Bishop of Bristol said that she wants us to live in a country where the warm spaces that are having to be provided and the food banks are no longer needed. Surely that is the ambition of the Bill, and the Government need to listen to our concerns so that we can achieve it.

Social Mobility Commission

Baroness Hayman of Ullock Excerpts

Thursday 12th January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, I assure noble Lords that I have been extremely well briefed—I hope—on this issue. This issue, interestingly enough, is not to do with DLUHC. It comes from the equalities grouping, which is the responsibility of the Cabinet Office. The reality is that when one is answering 10 or 12 questions in 10 minutes, one cannot get anything from the Box, so it is much better that the officials stay away and brief the Minister beforehand.

[Baroness Hayman of Ullock (Lab)]

My Lords, I start by congratulating the Minister on her stamina this morning. She deserves a cup of coffee after this. My noble friend Lord Watson mentioned child poverty, so I remind noble Lords that last year, the Social Mobility Commission reported that almost 700,000 more children were living in poverty than in 2012. Will the Government establish a new child poverty reduction unit in No. 10 to accompany the work of the commission?

[Baroness Scott of Bybrook (Con)]

I am not aware of any plans to do that, but I will take the idea back. I have yet to meet my officials. I was officially put into this role only on Monday evening, so at my first meeting, I will certainly talk to officials about that and will talk further to the noble Baroness.

Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2022

Baroness Hayman of Ullock Excerpts

Tuesday 20th December 2022 Lords Chamber

[Lord Thurlow (CB)]

My Lords, I declare my interest as a former chartered surveyor, and one who worked in the dark ages in the world of rating. As a former chartered surveyor, I opened the statutory instrument with interest and excitement, and, as we heard from the noble Earl, Lord Lytton, found it was full of what I thought was trigonometry: pages 4 to 26 were theorems, fractions and things that I certainly did not understand. But the objective of the regulations is clear, and I support them.

The position of non-domestic rates has become, I am afraid, a shambles over a number of years. A failure of the authorities to remain abreast of trends in rental value—rateable value should be based on the revaluations in the commercial property markets—has led to a gross imbalance between sectors and, in some cases, competing users within single sectors. That is gross unfairness. This certainly applies to hospitality and leisure sectors, and, in some cases, competing uses, with traditional retail perhaps being most affected.

For several years now, the Government have failed in their promise to address the unfairness in commercial rates to deal with the likes of Amazon, as we heard from the noble Lord, Lord Shipley, and to allow our high street retailers to compete with these big-box retailers. They have a much lower cost of delivery model, and that cost is further increased by the rateable value system. Although we have heard that a 40% increase in industrial and warehouse rates, and a 20% reduction for retail, are proposed, this is de minimis in real terms—it is tiny, and it is not a percentage on like-for-like terms. A 40% increase in industrial rents of £10 a foot and a 20% reduction in the rent of zone A shops of £150 a foot are absolutely not comparable. That needs to be spelled out and made clear, and the Government need to do a great deal more very soon. This injustice continues to be kicked into the long grass at the expense of our high streets, and the important social benefits that they provide continue to decline.

This statutory instrument accelerates the reduction across the piece in non-domestic rates and feathers the increases for those suffering an increase over several years—both of these are to be welcomed. Similarly, freezing the rate poundage is also to be welcomed. The current levels of approximately 50p in the pound are the absolute maximum that businesses can stand. I support this statutory instrument and request that the Minister confirms that there is to be comprehensive rating reform very soon, as earlier speakers have requested.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for her introduction. As we heard from her and other noble Lords, the SI gives relief to businesses, particularly to help them cope with next April’s increase in business rates. We know that many businesses have been struggling following the pandemic, and this, combined with rising energy bills and high inflation, means that they need further support.

While we very much welcome the Government’s provision of relief, we do not think that the regulations go far enough. The Labour Party has been calling for an increase in the threshold for small business rates relief from £15,000 to at least £25,000, because the burden of business rates is disproportionately heavy on small businesses, as we have heard from other noble Lords. Having said that, we do not want to impede the passage of the instrument going forward.

I will ask the Minister a couple of specific questions. Part 10 of the draft Explanatory Memorandum considers the consultation outcome. It says that:

“A total of 102 responses were received”—


despite the instrument intending to help around 700,000 businesses—and that only “16 local authorities” responded. Can the Minister say whether the department feels that there is a reason for such a low response to the consultation? Because of that low response, what further steps have the Government taken, or are intending to take, to engage with those who are affected? We may hear, in broader terms, many of the concerns that have been raised by noble Lords previously in the debate.

The noble Baroness, Lady McIntosh of Pickering, asked about timescales; similarly, I will ask about the fact that we are debating the instrument only today. The instrument comes into force on 31 December, which means that it needs to receive parliamentary approval before the Christmas Recess. But given that the consultation finished in the summer, why has it been left so late to approve it? The Local Government Association made it clear in its response to the consultation that any transitional arrangements for 2023, whether part of the formal scheme or supplementary, should be announced no later than the autumn that has just gone, when the draft list of provisional multipliers was announced. We are debating this on the penultimate day before the Recess, so can the Minister shed any light on why the House has not been given the opportunity to scrutinise it any sooner?

I will make some brief comments on the points made by other noble Lords. The noble Earl, Lord Lytton, and the noble Lord, Lord Shipley, made very pertinent points; I will not repeat them, but we need to consider much of what has been said here, particularly when we consider the pressures on our high streets. I have seen so many shops close down in my local high street since the pandemic, and there is a real worry about how high streets will get back on their feet again. On that point, the noble Lord, Lord Thurlow, talked about competition, looking, for example, at the costs that Amazon has compared with our retailers on the high street. Those are really serious matters, and, if we are serious about rejuvenating our high streets, we must look at how we manage that through the way they are charged and operated under the business rates system.

[Baroness Scott of Bybrook (Con)]

I thank noble Lords for their thoughtful contributions and for the cross-party support—although there were some questions that they probably want me to answer.

The statutory instrument delivers a key part of the business rates support package, providing much-needed protection for businesses and delivering the fairness rate payers have been calling for. By limiting bill increases each year, we will protect 700,000 properties from uncertainty and give years for them to adapt to their new bills. Without that measure, hundreds of thousands of taxpayers would face significant and immediate bill increases in just a few months’ time. We are providing this protection in a new way that allows bills to fall immediately and in full on 1 April, benefiting 300,000 properties. With the statutory instrument, businesses will have the certainty they need and the fairness they expect from their Government.

A number of questions and themes came up, the first of which, about the reform of the whole system, was brought up by the noble Earl, Lord Lytton, and mentioned by my noble friend Lady McIntosh of Pickering and the noble Lords, Lord Shipley and Lord Thurlow. The Government remain committed to implementing the outcomes of the business rates review and will bring forward legislation as soon as parliamentary time allows—that is all I can say on timing.

The Government consider a tax on the use and value of non-domestic property an important part of a balanced business tax system, alongside taxes on profits and consumption, and it is a common feature of tax systems internationally. Business rates raise over £20 billion a year in England to fund vital local services, and there is no alternative with widespread support that would raise sufficient revenue to replace them. Trying to raise that money elsewhere in the tax system would create significant trade-offs against the current fiscal background. More generally, there is no merit in radically overhauling or abolishing a tax with such benefits, as has been suggested by what is, I have to say, a minority of stakeholders.

Housing: Cost of Living

Baroness Hayman of Ullock Excerpts

Thursday 15th December 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

As I think I have answered at this Dispatch Box, we are looking at Section 21 evictions, and we will certainly bring forward the private renters Bill in this Parliament. As for doing more to help people, we have done a huge amount as a Government. In the Autumn Statement, the Chancellor offered £26 billion more in support for people across this country, added to the energy price guarantee that was already there. Then there is the council tax rebate. The result is that 8 million more vulnerable people will receive support of at least £1,200 this year. I do not know of an impact assessment regarding the HCA, but I will certainly find out if we have done one. Of course we will keep it under review; that is what we would continue to do at any time.

[Baroness Hayman of Ullock (Lab)]

My Lords, to follow up on the noble Baroness’s question, we have heard that hard-pressed tenants are facing rent increases and people are really worried about affording their homes, particularly this winter. The Minister has mentioned the renters reform Bill. It is really important that we see that soon, so can she say when we are actually going to see it?

[Baroness Scott of Bybrook (Con)]

I cannot say exactly when, but it remains the top priority for this Government, as I have mentioned many times before. We will bring forward that important legislation as soon as we can within this Parliament.

Voter Identification Regulations 2022

Baroness Hayman of Ullock Excerpts

Tuesday 13th December 2022 Lords Chamber

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, I inform the House that if this amendment is agreed to, I will be unable to call the amendment in the name of the noble Baroness, Lady Hayman of Ullock, by reason of pre-emption.

[Baroness Hayman of Ullock (Lab)]

My Lords, from the moment that the Government’s plan for voter ID was first introduced, these Benches have made it clear that we see it as unnecessary. We believe that voting in Britain is both safe and secure, yet this policy is being introduced at a cost of many millions of pounds and, more importantly, could prevent millions of people exercising their right to vote.

On this basis, we opposed the proposal in the Elections Bill and, just yesterday, Labour Members of Parliament voted against these regulations in the other place. So I will not focus my contribution today on the principle of voter ID, and I will not rehash arguments already made—but I will reiterate our opposition to the policy as a whole.

I want the House to consider what happens next, if the concerns of the Electoral Commission and the Association of Electoral Administrators are realised. There is now a strong possibility that the lack of awareness and preparation will mean that many of the 2 million voters without the right ID will lose their right to vote. The impact of that on our democracy could be extremely dangerous.

It is on this basis that I have tabled a Motion to establish a new Select Committee to consider the impact of the regulations on the May elections. The committee would be tasked with conducting a post-implementation assessment of the policy, based on an impartial examination of evidence. An evidence-based approach to policy-making is all that we are asking for, so I welcome the fact that the Minister has now agreed to commission an independent report to consider the implementation of the policy and I extend my thanks to the Minister and her office for their approach to the negotiations we have had.

This builds on further concessions the Minister made during the passage of what became the Elections Act, which bound the Government to review the relevant sections. I am pleased that the Minister will now go further and ensure that the report is drafted independently. I welcome the further fact that the Minister has approached the Constitution Committee and that colleagues have approached the House of Commons Public Administration and Constitutional Affairs Committee, with a view that they will consider the evidence.

However, notwithstanding these significant concessions made by the Minister, I want to reiterate the strength of feeling on these Benches, and I hope that the Minister can provide clarification on a number of further points. If she is able to offer these assurances in her response to this debate, I will consider not pressing our Motion.

On voter cards and other ID, it is now less than six months until this policy is introduced in May, when people across most of England will have the opportunity to vote. Yet there has still been no public awareness campaign launched, and there is no reason to believe that all those who do not own the necessary ID will be aware that they cannot vote without it. Just yesterday, the Financial Times reported that the Cabinet Office has found that 42% of people with no photo ID are unlikely to apply for one. Given that we are in a cost of living crisis, this is hardly surprising; after all, a passport costs £85 and a driving licence is £43. Will the Minister remain open to expanding the list of ID if the independent report provides evidence to support this?

The proposal for a free voter card was of course intended to help address this, but the application process has not materialised, and even at the best of times, many people struggle to access local authorities because of their limited opening hours. As a result, it is likely that many people who may not have the time or capacity to travel to a local authority and deal with the lengthy application process may just not bother, and therefore lose their vote. Can I therefore ask the Minister to commit to work with local authorities to ensure that the voter card is open to applications as soon as reasonably possible, and that it operates as swiftly and smoothly as possible? Can I also ask the Minister to assure me that the Government will take steps, together with local authorities, to monitor applications and any relevant issues, and also ensure that voters are aware that the document is free?

In addition, the Association of Electoral Administrators —the body that represents local authority electoral registration officers responsible for delivering elections—is now raising serious concerns about the huge administrative burden that will be placed on already overstretched local authorities. With the new responsibilities placed on the staff of polling stations, there is also a possibility of long queues and overburdened staff. Will the Minister commit to engaging with representatives of those working at polling stations to ensure they are fully prepared for the rollout? Specifically, will the Government monitor any instances of polling stations closing prematurely when there are still electors in the queue?

The Minister will recall that, when the Government piloted mandatory voter ID in a handful of local authorities during the 2018 local elections in England, more than 1,000 voters were turned away for not having the correct form of ID; of these, around 350 voters did not return to vote. Then in 2019, about 2,000 people were initially refused a ballot paper, of which roughly 750 did not return with ID and therefore did not partake in the election.

I do understand the points that the Minister has made regarding Northern Ireland, but I am sure she will also accept that the scale across England creates much more of a challenge. Without any real public awareness, guidance, and time for preparation, I am not confident that this challenge will be met before May. Nevertheless, I welcome the fact that the Minister has agreed to an independent report into the impact that this may have on the upcoming local elections. I hope the Minister can now provide the additional clarification necessary to avoid a Division on this Motion.

I also want to make it clear that our concerns remain over the implementation of this policy, and we will return to this during, and after, the rollout of the May elections. I look forward to seeing the independent report, and I truly hope that it will not be possible to find evidence of widespread disenfranchisement in May, but if these concerns are indeed realised, then the Minister should expect that we will be calling for the policy to then be withdrawn.

[Lord Strathclyde (Con)]

My Lords, it was very interesting to hear the noble Baroness, Lady Pinnock, pray in aid the Motion passed by this House in 1994 on the application of fatal Motions in this House. Of course, this House has a power to use fatal Motions, but, as with so many powers of this House, it is not used by convention. I cannot think, off the top of my head, of an occasion when it should be used. I am convinced that the noble Baroness did not really make the case for it, because all the arguments she used—which were perfectly valid arguments—should have been used, and probably were used, during the passage of the Bill earlier this year. That was the time when your Lordships’ House should have stopped that part of the legislation coming into force, rather than dealing with it now. As I understand it, it was a manifesto commitment. Even if it were not, we have been discussing it in both Houses of Parliament for the last seven or eight years, going back to when my noble friend Lord Pickles was Secretary of State; he launched a review and an investigation in 2015 into how local government held elections.

Furthermore, the regulations, while they are only coming into force now, have been discussed for many months, and good local authorities will no doubt have taken steps to organise themselves. The noble Baroness, Lady Hayman of Ullock, spoke very reasonably in her speech, and, if it does not embarrass her for me to say this, I agreed with much of it. However, I also felt that my noble friend the Minister had dealt with a lot of the arguments earlier, and perhaps she can go a little further now.

The point I want to raise with the noble Baroness is on the suggestion in her regret amendment to the Motion that there should be a Select Committee of this House to examine these regulations post legislation. I wanted to confirm my understanding with both the noble Baroness and my noble friend the Minister that there is nothing to stop the House from conducting such an inquiry, but, rather than putting it in a regret amendment to the Motion before the House today, it would be entirely right to make a case to the Liaison Committee, which I have no doubt would be supported by the noble Baroness the Leader of the Opposition and the noble Lord the leader of the Liberal Democrats.

--- Later in debate ---

Tabled by

[Baroness Hayman of Ullock]

At end insert “but that this House (1) regrets that the draft Regulations will be implemented for the Local Elections in May 2023 despite insufficient public awareness, guidance and time for preparation, which risks electors being wrongly refused their right to vote, (2) calls on His Majesty’s Government to take an evidence-based approach to the implementation of voter identification, noting concerns raised by the Electoral Commission, Association of Electoral Administrators and the Secondary Legislation Scrutiny Committee, and (3) resolves that a select committee should be appointed to conduct a post implementation assessment of the impact of the Regulations on turnout in the Local Elections in May 2023.”

[Baroness Hayman of Ullock (Lab)]

My Lords, following the Minister’s clarifications to the questions that I asked, her constructive approach to a review and the concessions given, I do not propose to move my amendment. However, I will be keeping a close eye.

Amendment to the Motion not moved.

Called-in Planning Decision: West Cumbria

Baroness Hayman of Ullock Excerpts

Thursday 8th December 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for reading through the Statement. I note that it suggests that any mature and considered response needs to take account of the decision letter and the planning inspector’s report, so I reassure all noble Lords that I have indeed done so.

The Statement stresses that this is not an energy proposal, and that it is not only energy projects that burn fossil fuels or create emissions. Environmentalists warn that the mine will create around 400,000 tonnes of emissions every year. The former Government Chief Scientific Adviser and chair of the Climate Crisis Advisory Group, Sir David King, has labelled the decision as an “incomprehensible act of self-harm”. He said:

“Worldwide, there should be no new venture into coal, oil or gas recovery. This action by a leading developed economy sets exactly the wrong example to the rest of the world.”


Does the Minister agree that, in other words, this trashes the UK’s reputation as a global leader on climate action and looks utterly hypocritical to low-income countries, whose own fossil fuel ambitions we have repeatedly criticised?

The Statement also refers to the Government’s net-zero strategy. The decision letter says that the proposed development would have a neutral effect on climate change and is therefore consistent with government policies for meeting this challenge. Therefore, can the Minister explain exactly how this can be, when the developer has said it will offset emissions with carbon credits, certified by the Gold Standard foundation? Yet, the foundation says that this goes against its core principles, because it is strongly against the extraction of fossil fuels, and that any plans to offset its climate impact should not be used as a reason to grant permission.

The decision letter also says that there is currently a UK and European market for the coal and, although there is no consensus on what future demand in the UK and Europe might be, it is highly likely that a global demand will remain. The business plan for the mine is therefore based on exporting 85% of its coal. Can the Minister explain how that is carbon neutral? Does she acknowledge that the world is in fact moving away from coal? This Government have pledged to end coal-fired power generation by 2024, and many other countries are looking to end the use of coal by 2030. The British steel industry itself has said that it that will not use the coal from this mine because of its sulphur content. Many steel makers in the UK and globally are planning to move away from coal and manufacture steel using technologies such as electric arc furnaces, powered by renewable energy, or through hydrogen direct reduction. Professor Haszeldine, from the University Edinburgh, has said:

“Opening a coal mine in Cumbria is investing in 1850s technology and does not look forward to the 2030s low carbon local energy future.”


More than 80% of the proposed jobs are, I understand, to be in underground coal production. Is this the Government’s aspiration for young people in West Cumbria? As somebody who lives there, I can understand why there is some support in the local area. The reason is that West Cumbria desperately needs jobs. Is the Minister aware that the Conservatives promised a new nuclear power station, and failed to deliver? They promised major investment in West Cumbria’s road and rail infrastructure, and failed to deliver. They promised investment in advanced manufacturing, and failed to deliver.

Granting permission for a coal mine is not going to create the long-term skilled jobs we need. Cabinet minister Gillian Keegan admitted that the coal mine was “not a long-term solution”. Does the Minister believe that this is good enough, when in the decision letter, the Secretary of State agrees that the local area has a compelling need for additional investment and employment opportunity? This Government should invest in small modular reactors and other new nuclear projects in the area; they should invest in renewable energy, electric arc furnaces for green steel production, green hydrogen and sustainable transport. They should support West Cumbria in a prosperous, clean, green future, not turn Britain into the dirty man of Europe. This decision does not offer secure, long-term jobs for West Cumbria and it makes the statement that this Government are giving up on all pretence of climate leadership.

[Lord Stoneham of Droxford (LD)]

I endorse the remarks just made by the noble Baroness, Lady Hayman. I agree completely with them so I will not repeat them, but I will make a couple of points.

First, this is not a short-term investment. Anybody opening up a coal mine knows that it has to have a reasonably long-term investment profile and business case. The fact that only 15% of the output will be used in the UK—or at least that is the indication—puts a big question mark over the value of the investment. If it was not as little as that, we would be looking at having to have, presumably, some coking coal process plants to process it. It is not just a question of mining the coal; you have to prepare it for the coking process, and that in itself is not an environmentally pleasant process.

Fundamentally, though, as the noble Baroness, Lady Hayman, said, this is a huge blow to the credibility of a country which is trying to go to a carbon-neutral future. We are trying to lead the world on what we have been doing, but this will question our credibility. The Government have been dragged back by their feet on onshore wind farms. I have to ask: how long will it be before they have to be dragged back by their feet on this terrible decision?

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Baroness, Lady Hayman of Ullock, and the noble Lord, Lord Stoneham of Droxford, for their comments. Before I move on to my further remarks, I must emphasise that this debate surrounds a planning decision made by the Secretary of State for Levelling Up, Housing and Community, in what is a quasi-judicial process, and that his decision may therefore be subject to legal challenge at a later date. As was stressed earlier in another place, nothing I say this evening should be taken in any way as a substitute for that very full reasoning which is set out in the Secretary of State’s decision letter and in the inspector’s report, both of which were published yesterday.

The contributions raised here today deal with matters which were raised in evidence and considered in huge detail by the public inquiry. They were challenged at that public inquiry and were dealt with in the decision made yesterday by the Secretary of State, who has considered that report very carefully. It is extremely important that all parties reflect on that point, that the decision was based on evidence put forward in a public forum, all of which could be tested by cross-examination of witnesses or by written rebuttals, and that the entire process was overseen by an independent inspector. It is important that today we are talking about an independent inspector’s report that has been clearly looked at for a number of months by the Secretary of State who has made this decision.

Published guidance on planning propriety is clear that decisions may be made only on the basis of evidence and considerations which are relevant to the planning merits of the case, and that planning Ministers must give clear planning reasons to ensure that their decisions are transparent and can clearly be understood by all parties. This means that planning Ministers must not take into account any evidence or considerations which are not relevant to planning, not relevant to the decision, or not before them as part of the evidence in the case. Therefore, I can reassure noble Lords that this decision was not made on the basis of press release, newspaper interviews or by reference to any external considerations which were immaterial to the planning decision at hand.

On the key issues surrounding the climate interests, which I think were of particular interest to both the noble Baroness and the noble Lord, the need for coking coal is now, and the economic benefits of the scheme and indeed some other matters not raised in this House this evening are all considered. The bringing together of these issues into a single conclusion on the merits of the scheme was at the heart of yesterday’s decision. That decision was in line—

[Baroness Hayman of Ullock (Lab)]

Does the Minister recognise that 85% will be exported?

[Baroness Scott of Bybrook (Con)]

I will come to that in a minute.

The decision made by the Secretary of State was in line with the recommendations of the independent inspector.

We are on track to deliver our climate and emissions commitments, which are among the most ambitious in the world. We will continue to lead the way in reaching net zero and tackling climate change from 2024. The UK will end the use of coal to generate power, which is what we agreed, and which currently makes up only 2% of electricity generation every year. We are already on that trajectory.

The Whitehaven coal mine proposal relates to coking coal, which is used in the production of steel. A number of people have talked about wind farms. Wind farms need steel, and we need to produce that steel here. The coking coal does not generate power. It is also important to note that this will be the only net-zero coking coal mine in the world. That is important. Noble Lords on the other side of the House laugh, but it is important that we do that. Therefore, the 85% that we export is being produced in a net-zero coalmine. That is important—

[Baroness Hayman of Ullock (Lab)]

On that point, can the Minister answer the questions that I raised. If you are exporting, how does that meet your net-zero targets? Also, the Gold Standard Foundation will not accept the credit but will offset it.

[Baroness Scott of Bybrook (Con)]

I will write to the noble Baroness on that last point. If you are exporting something that has been produced in a way which is more environmentally friendly than other coal mines elsewhere in the world, surely that is good. We are currently importing coke. We will not be importing it in the future because we will be producing our own.

[Baroness Scott of Bybrook (Con)]

Yes, it is my understanding that it will be going to Europe.

The inspector’s report also sets out, and the Secretary of State agrees, that the proposed development would have an overall neutral effect on climate change. It is therefore consistent with the government policies for meeting the challenge of climate change, and that was after the independent inspector heard all the evidence and it was challenged.

The noble Baroness also brought up the issue of jobs. These jobs that we are offering are well paid and skilled jobs, in an area of the country that wants well-paid and skilled jobs. From what I have read in the newspapers and heard on the radio, the local community is very pleased to hear that—they want these skilled jobs. I think that 500-plus jobs is important for that area, but the noble Baroness knows that area better than me.

[Baroness Hayman of Ullock (Lab)]

My Lords—

[Lord Deben (Con)]

Oh, come on.

[Baroness Hayman of Ullock (Lab)]

I am sorry. There is not a timeframe—

[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.

Renters Reform Bill

Baroness Hayman of Ullock Excerpts

Tuesday 22nd November 2022 Lords Chamber

[Baroness Scott of Bybrook]

My Lords, we have a number of interventions that can be used that the Chancellor brought in, both for people that are struggling with their rents and people who are struggling with household bills as a whole; that was all laid out in the Chancellor’s Statement last week. As far as homelessness is concerned, we are providing local authorities with £316 million in the homelessness prevention grant funding, and we are encouraging local authorities to use that flexibly, because it will not be the same in London as it is in other areas of the country.

[Baroness Hayman of Ullock (Lab)]

My Lords, the Government’s own White Paper admits that the private rented sector

“offers the most expensive, least secure, and lowest quality housing”

to nearly 4.5 million households. Will the Government introduce a new renters’ charter to give tenants more choice and more control over their homes?

Ballot Secrecy Bill [HL]

Baroness Hayman of Ullock Excerpts

Committee stage
Friday 18th November 2022 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, like other noble Lords, I spoke in the debate in July. I very much support the Bill.

I want to make my own tribute to Sir David. I met him many times. He was a wonderful man and will be missed by all of us. He shaped elections and was an absolute giant in this area.

I was very supportive of the Bill when the noble Lord, Lord Hayward, brought it forward in July, and I remain so. I congratulate him on getting government support, which is no mean feat for a Private Member’s Bill. These amendments improve the Bill and I support all of them. They bring the Bill together and make it much more workable. I am sure that all in this Chamber want to ensure that our elections are free and fair, and that when people go into the polling booth they are not intimidated, coerced or made to do anything they do not want to do. At the same time, if people need help to vote, perhaps because they are disabled, this ensures that that help can be there. In that sense, the government amendments really help to shape the Bill.

As I say, I fully support the amendments and the Bill, and I am so pleased that the Government are behind it. If I may go slightly off-piste, I point out that loads of other wonderful Private Member’s Bills have been tabled. I note that the Government Chief Whip is here; I hope she and others will see that there may be others—I have one down—the Government could look at in the same light. I live in hope. I congratulate the noble Baroness on her amendments and the noble Lord on his Bill. I look forward to it becoming law.

[Baroness Hayman of Ullock (Lab)]

My Lords, I too thank the noble Lord, Lord Hayward, for introducing this stage of the Bill. I will be brief. At earlier stages, we debated the fact that standards matter and that they are particularly important in ensuring confidence in our voting system. Our laws need to be crystal clear and that is why the Bill is so important. It creates absolute clarity on what is and is not acceptable.

We supported the Bill at Second Reading and continue to do so. It is really good to see that the Government took the concerns raised earlier very seriously, brought forward amendments, which we strongly support, and will now support the Bill and enable it to move forward. We need to make sure that we have good, strong laws and an understanding of exactly what is acceptable when people vote in a polling station. We wish the Bill well and, like the noble Lord, Lord Rennard, we thank the Minister for her attention and for improving the Bill.

[Baroness Scott of Bybrook (Con)]

I thank all noble Lords for their contributions but mainly for their support for what I consider a small but very important Bill. The noble Lord, Lord Rennard, was absolutely right: clarification is important in these matters. My amendments clarify and that is important. It is also important to ensure that we have no unintended consequences that would cause trouble, possibly to disabled people and through a lack of understanding of when children can enter the polling booth, et cetera.

I thank all noble Lords so much for their support. I hope we will get this Bill through as quickly as possible. Again, I urge all noble Lords to accept these amendments on behalf not only of myself and the Government but of the noble Lord, Lord Hayward, whom I thank for bringing the Bill to the House in the first place. As I said, it is an important Bill and I thank him for the work he has done with us on it.