Housing: Right-to-Buy Sales

Baroness Hollis of Heigham Excerpts
Tuesday 27th March 2018

(6 years, 3 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, the noble Lord is right on all those matters. I am sure that the “Hear, hear!” was in relation to the slight chastisement of the noble Lord, Lord Bassam, who I know is far too wise to think that this problem started in 2010. It is much longer term than that. Yes, it is right that local councils will have a considerable role. That is recognised by the department and the Government. It is very important that we engage with local councils. We are doing that now, as the noble Lord will be aware, in terms of meeting the shortfall that exists in social housing.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham (Lab)
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My Lords, the evidence suggests that a very high proportion of right-to-buy council housing—the Minister will no doubt have more up-to-date figures than I have, but my figures are something like 60%—has been recycled into the private rented sector, at double the rents and double the housing benefit, without meeting some of the most desperate need that social housing was designed for. Will the Minister give us the latest statistics?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I do not have those to hand but I am very happy to write with them to the noble Baroness and copy that to the Library. She is right that there is an issue in relation to the reselling-on of houses. She will be aware that in rural areas there are restrictions on that. Again, that will be open for discussion following the social housing Green Paper.

Public Parks: Funding

Baroness Hollis of Heigham Excerpts
Monday 30th October 2017

(6 years, 8 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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The noble Lord raises an interesting and germane point about the importance of the parks sector to the whole community, not just in economic terms. We do not want to prejudge the work that will be done at the first meeting of the parks action group, but it is a broad-based committee that will look at this. As I say, we will ensure that the House is updated on how that work is going forward. However, it is clearly an interesting and important piece of work.

Local Government: Women in Leadership Roles

Baroness Hollis of Heigham Excerpts
Wednesday 8th March 2017

(7 years, 4 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, the position in central government has been improving steadily. In local government, 25% of chief executives are women, while in my own department more than 50% of the workforce are women. The Permanent Secretary, Melanie Dawes, is the champion for women across government and has been doing things today for International Women’s Day and on a regular basis. Central government can set an example that we hope will be picked up in the private sector, although it has to be said that the private sector has improved significantly over the last five years.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham (Lab)
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My Lords, I am sure the whole House wants to see the proper and appropriate representation of women in local government, in central government and in the professions. But would the Minister accept that with the increasing drive to larger and larger local government units, pushed by the Treasury, the proportion of women drops off? Women are more highly represented in the smaller authorities than in the larger ones, let alone LEPs and combined authorities. That is because of the cost, particularly in rural areas, of transport, childcare and so on, which falls in practice disproportionately on women and makes them unable to stand. The Minister has talked about indirect discrimination, but could he also look at institutional discrimination, in which the structures bear down more heavily and inappropriately on women?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I take issue with the noble Baroness in relation to some of that. I do not think there is anything inevitable about women not being encouraged or able to lead larger organisations. For example, we are looking in government at the FTSE 350 companies, where there has been considerable improvement on leadership over the last five years. I accept what she says about the challenges, which we have to address, but I do not think there is anything inevitable about women not leading larger organisations—although she perhaps did not mean to imply that. The Government need to look at some of the indirect measures that we can take.

Cambridgeshire and Peterborough Combined Authority Order 2017

Baroness Hollis of Heigham Excerpts
Thursday 2nd March 2017

(7 years, 4 months ago)

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Lord Tebbit Portrait Lord Tebbit (Con)
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My Lords, my noble friend Lord Lansley characteristically spoke a lot of good sense about the reorganisation of local government in East Anglia but also exposed some of the difficulties there. For example, I share his concern that there should be, going forward now, four tiers of local government. It seems just a little too many. I just wanted to make plain, as a resident of Bury St Edmunds, our determination not to be caught up in this aggrandisement of East Anglian government. We are pretty content with the way we run things locally ourselves and would really like to be left alone to do things in our own way. We have a very effective council with some very effective ways of getting the savings that can come from collaboration without going through the nonsense, if I may use the word, of legislation to combine authorities.

There is no reason why they should not work from the same headquarters or have the same chief officer in more than one authority. There is no reason why you should not be able to go, as I can in Bury St Edmunds, to your local government headquarters and immediately be put in touch with the official who is responsible for the matter that concerns you and sit down together and sort things out. It also enables them to have, in that headquarters building, people responsible for different parts of the authority’s functions: for example education and services for younger people. Those officials have developed the habit of meeting together in the canteen there, and discussing matters and understanding them fully. Sometimes, informal good governance is rather more effective than finding ourselves with four tiers of government through statute.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham (Lab)
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My Lords, I apologise for coming in slightly late, as the lifts were running slowly. I was inspired to speak because although I seldom agree with the noble Lord, Lord Tebbit, I very much do on this occasion, for which I am sure there is rejoicing around the House. I wanted to challenge, or comment on, the position of the noble Lord, Lord Lansley. I speak as a resident of the city of Norwich, of whose council I was formerly leader, and as someone with strong relationships within that city. I was therefore involved in the discussions—at one remove, obviously and properly—on the inclusion of Norfolk and Suffolk in a greater East Anglia authority. The problem for us, which I regard as a very unfortunate legacy of the noble Lord, Lord Heseltine, is the imposition of the requirement of an elected mayor to be concomitant with a combined authority.

In Norfolk, there were several, rural Conservative authorities—and I am sure it may also be true for many in Suffolk—which were very happy to have a combined authority with an elected mayor who would be Conservative, for ever and a day, representing, to some degree, lower-rate and lower-services authorities. That is their choice. That is not the same for urban authorities such as Norwich, which are effectively regional capitals with the revenues of a rural district council, which have always provided services from leisure to employment—half the jobs in Norfolk are in Norwich—for the whole of the county. We would worry about having an elected mayor over one county, or two counties, of a permanently different, rural complexion—being Conservative would worry me less—running the cities. Those medium-sized cities are the core of economic growth in this country, now and to come.

Secondly, we have a strong sense of place; I believe that some of the alienation that we have seen in politics is because we are losing that sense of identification with place, which the noble Lord, Lord Tebbit, referred to. Norwich was for 800 years a unitary authority and then, at the stroke of a pen in 1974, that was abolished, with no respect for place, history or local opinion. Many of us are still fighting to get a more sensible, coherent, democratic, accountable and effective local government system. I have a plea to the Minister, following what the noble Lord, Lord Tebbit, said. Yes, we are working well in LEPs, which shows that authorities of different persuasions can work together, but we do not want an elected mayor whereby one person, presumably male, will be able to override the views of perhaps 300 elected councillors, at whatever tier of government, who are in touch with their communities in a way that one person cannot be. One person speaking for two counties—which are some 120 miles long—would be absurd and inappropriate.

What we need in Norfolk—it may be true for Suffolk; I cannot speak for Suffolk—is transport connectivity. It is something that the rural authorities want and something that Norwich, King’s Lynn and Great Yarmouth also want: to build decent economic infrastructure. We cannot get that if an elected mayor does not necessarily share those ambitions, because they come from a very different local heritage. I respect the rights of those rural district councils to have a different perspective on what they and their communities want from local government. What I fear is that, by insisting on an elected mayor over a county, or even two counties, as the price of a devolution package including transport connectivity, we will not get the focus on economic productivity and growth that, bluntly, only the cities—whether Southampton, Portsmouth, Norwich, Plymouth, Exeter or whatever—can provide.

That is why I beg the Government to disassociate combined authorities from the imposition of the Heseltine elected mayor. We do not want grand leadership; we want collaboration and working together in consensus. That is the best done—in the very words of the noble Lord, Lord Tebbit—by local authorities, councillors and staff working together in a collaborative way. The way that the Government are going is not healthy for local government, for a sense of local place or, ultimately, for democratic politics, which should grow from the bottom up. That bottom-up approach is now being undermined by back-door reorganisation in ways that do not fit the needs, views and wishes of local communities.

Baroness Pinnock Portrait Baroness Pinnock (LD)
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My Lords, I follow the noble Baroness with trepidation—I think that, on the whole, what we are looking at today is a practical outcome of the decisions that have already been made in principle. I ought to declare my interest as a councillor in West Yorkshire and an LGA vice-president. While I obviously support the decision of the local, democratically elected councils in the relevant areas of Cambridgeshire and Peterborough to go forward with this devolution deal, I draw the House’s attention to what appears to be a lack of support—or certainly a contradiction over whether there is support—from the residents in those areas. The noble Lord, Lord Beecham, has drawn attention to the report of the Secondary Legislation Scrutiny Committee, which highlights the lack of transparency—I think those were the words in the report—and certainly a seeming discrepancy between the two surveys undertaken at the time.

The Government ought to reflect on the final paragraph of the report from the Secondary Legislation Scrutiny Committee, which says:

“The picture of local views painted by the Department for Communities and Local Government in the Explanatory Memorandum is incomplete and at times self-serving. We look to Government to present a fuller and more accurate account of such matters”.


With that fair comment on what has gone on in the consultation, I will make some remarks about the points made by the noble Lord, Lord Lansley. He drew attention to the fact that a mayor who was elected will have a mandate. However, the whole way in which the combined authorities with elected mayors have been established is to have some sort of stop on the mayoral mandate so that they are not people making decisions alone, and quite rightly too. There should be an opportunity for local councils to say, “We disagree with what the mayor is doing” and to veto it. That is an appropriate way to work, given that local councils are allowing some of their powers to be drawn upwards to the combined authority and to the mayor.

In many ways, it is wrong to view the mayors of these combined authorities in the same way as the Mayor of London. First of all, there is no assembly to scrutinise, and secondly, the mayor does not have the same functions: hence the need for a veto in the hands of local councils. This ensures that any decisions which will have enormous impact on local people have the support of those democratically elected councils.

I now turn to the discussions that we have had so far in this debate about layers of democratically elected councils. In my area, there is just one layer. Until the Conservative MPs in Yorkshire stop trying to prevent West Yorkshire from having a combined authority, we have only one layer of local government. It is significantly harder work for those who are elected there than if we had district or parish councils to support much of the work done.

I am a great believer in having layers of councils as long as their functions are very well identified. It enables the places to have a view. One of my concerns is that democracy is moved further and further away from the people whom we represent, so having more councils at real local level to hear views and complaints and to do something about them is the safety valve that many parts of this country are lacking. That is one reason why we are having quite a difference of opinion across the country at the moment: those safety valves are disappearing.

Having said that—because I have concerns about elected mayors that your Lordships might have heard—I will raise one or two questions about this set of powers being acquired by the combined local authority in Cambridge and Peterborough. There is going to be a power of general competence for the combined authority and the mayor. I am concerned as to whether this will be at variance with the power of general competence that the constituent local authorities have, and how those separate interests might resolve themselves if there is a difference of opinion there. My second point is about the scrutiny arrangements, which are not described here. I would guess that they are part of an earlier order and I am concerned whether they are the same as for previous combined authorities. The third point is that there is a suggestion somewhere in the report that further powers are yet to come, which rather puzzled me as I thought they would all be laid out in one go. Why are these not yet identified and what possible additional local powers might there be?

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I thank noble Lords who have participated in the debate on the draft order in relation to Cambridgeshire and Peterborough. I will do my best to cover the points made, and will take the contributions in the order in which they were made.

I turn first to my noble friend Lord Lansley, whom I thank very much for his support. I take his point about broader working outside the combined authority with, in this case, Bedfordshire, Hertfordshire, Essex and so on. That is incumbent on the authority concerned and I am sure it will bear that very much in mind. There was a recurrent theme picked up first by my noble friend about the various tiers of local government. It is certainly something that we need to watch like hawks. The point subsequently made by my noble friend Lord Tebbit about shared offices and shared officers makes a lot of common sense. I know that a lot of local authorities do that and is certainly something encouraged by the department and the Government at large. It makes a lot of sense, and I am sure that this authority and others will bear it in mind.

I turn to my noble friend’s point about paragraph 4 of the Schedule and the balance of power in a combined authority between the mayor, officials and elected members, a point subsequently raised by the noble Baroness, Lady Pinnock. I think the balance is right. The mayor does not have an overriding right to say, “We will do this”, but the mayor’s vote has to be included in the majority. That is carefully crafted: balances on these things are important.

I turn to the contribution of the noble Lord, Lord Beecham, who raised some strategic issues about the operation of combined authorities. Indeed, they operate in a strategic way. They are not in competition with local authorities, they are looking at issues of strategic importance. He will know that the Government are not imposing these authorities on people. That is not borne out by practice or even by the contributions to the debate. He will know from the experience of his authority that it can walk away from this. That is why Northumbria—Newcastle, Tyneside and Durham—does not have a combined authority. Some people did not want an elected mayor; there were differences of opinion between different parts of the area. The point made by the noble Baroness, Lady Hollis, illustrates this: Norfolk walked away because it did not want an elected mayor, for whatever reason.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham
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The reason was that we do not want a swagger mayor of the 1970s Heseltine model. We want greater collaboration in the same way as, when Great Yarmouth was under stress, our chief executive in Norwich worked as chief executive for Yarmouth as well. That is the sort of collaboration we want—by consent and bottom-up—that will allow us to build the sort of economy that is to the advantage not just of the region but the country as a whole.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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I appreciate what the noble Baroness is saying, but I am not sure that that was the result of a thoroughgoing consultation—picking up points made by other noble Lords. Whatever the reason, it illustrates the point that the Government are not in a position to impose these deals.

The noble Earl, Lord Sandwich, made points about Huntingdon—a gem of a town; I know Huntingdon and Godmanchester very well. Of course, it had to be a part of this process. If Huntingdonshire, as an authority, had not wanted to go ahead with this, it would not have been a part of it, and I suspect the deal may well have fallen apart. I shall say something later in relation to points made by quite a few noble Lords about the consultation exercise.

My noble friend Lord Tebbit made some telling points about the common sense of having shared officers and shared officials and ensuring that we are getting value for money where we have more than one authority. I am sure that that makes a lot of sense and that his cogent and authoritative voice in Bury St Edmunds will always make sure that that authority’s interests are taken account of, as they will be, I am sure, in any devolution deal.

The noble Baroness, Lady Hollis, is obviously in close liaison with my noble friend Lord Tebbit. I shall be watching them for shared coffees on these issues as they go forward. I take the point she makes that an elected mayor is not something that all local authorities want, but it is not something that is imposed. Some authorities have come forward without an elected mayor model, Cornwall being the example to look at. The Government are not saying that there have to be mayors in all situations. Where people do not want mayors, they do not have mayors.

I will write more fully on the Explanatory Memorandum, which has been raised in relation to the consultation and other matters, and I shall write to all noble Lords who have participated in the debate and place a copy in the Library. I shall not go into all the details of the consultation that took place, except to make two points. This has been the best response to consultation of any that we have had so far. I take the point made by the noble Lord, Lord Kennedy. He knows what I have been saying in relation to the Neighbourhood Planning Bill about best practice when consultations take place. This consultation took place over six weeks, so it was not the normal short planning period of 21 days. It was a more thoroughgoing consultation, and some of it was online. Those are factors which have to be borne in mind, but I will cover the points about the results. There were two polls: an Ipsos MORI general poll—the main poll, as it were—and an internet poll. Without pre-empting what I am going to say in the letter, I think the internet poll would be a little self-selecting, whereas the other poll may not be. I will try to cover that in the letter that will come round.

The noble Baroness, Lady Pinnock, raised an issue about general competence. I think this would mean general competence over the designated functions that they are receiving. She also asked about other issues that may be coming forward. There may well be some others. Housing, for example, is not covered in this order, and that generally finds its way into orders of this type, so that may well be coming forward, but I think the bulk of the transfer of functions is in this order.

I think I have covered the points made by the noble Lord, Lord Kennedy. He always starts off by saying how much he supports something and then comes with a long list of reasons against it, which is like wanting his cake and eating it. I suspect the Labour Party says, “You’ve got to be in favour”, but the noble Lord thinks of all the things he wants to say that indicate concerns about it. I understand them, but overall he seemed to be saying that this is a good thing. It is not imposed. I think it will be successful. No doubt as we go forward there will be lessons that we can learn. With that, and picking up any points that I have missed, particularly on the Explanatory Memorandum, I commend this order to the House.

Housing White Paper

Baroness Hollis of Heigham Excerpts
Tuesday 7th February 2017

(7 years, 5 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I thank the noble Earl for that welcome, particularly in relation to the private rented sector, and for his comments on land banking. Crisis is a very valued partner. The point made about the importance of ensuring that the private rented sector frees itself up to the homeless much more than it has done previously is well made. As we take forward consultation on these areas, I hope that we can accommodate it.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham (Lab)
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My Lords, I welcome the White Paper as far as it goes given the disastrous Housing and Planning Act of last year, as has already been mentioned. I wish to put to the Minister a question and a suggestion. The question follows that asked by the noble Lord, Lord Shipley, which the Minister did not answer. Therefore, I would be glad if he would answer it now. It is not in the White Paper. The Government are extending the right to buy with large discounts to housing association tenants. Does the Minister still expect those discounts to be funded by the forced sale of council homes as they become temporarily vacant between tenants, robbing social tenants in another tenure of the opportunity to rent their own affordable homes? Secondly, on the cost-free suggestion, those in severe housing need may qualify for housing benefit. As has been mentioned, social housing is seldom available. It has been sold off. Yet in the private rented sector many private landlords worried about reliable rents refuse to let to tenants on housing benefit. Where tenants and landlords wish it, will the Minister persuade his unsuitably rigid DWP colleagues to reinstate direct payments to landlords so that some of the most vulnerable have a chance to get a home?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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I thank the noble Baroness, who has great experience in these areas. I apologise to the noble Lord, Lord Shipley, that I did not cover the point on HVA. There is a section in the White Paper on this. It correctly states that we are proceeding with pilots on the measure in relation to the right to buy and housing associations. That is the position. We want to see how the pilots play out. As I say, it is in the White Paper.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham
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What is the page number?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I am not aware of the page number. However, I am happy to meet the noble Baroness afterwards and point out where it is in the White Paper.

The point the noble Baroness made on housing benefit is beyond the scope of the White Paper. We talk to the DWP regularly and do not find its staff as hard-hearted and difficult as she does. However, she makes a very valid point and I will ensure that it is appropriately discussed, as it has been in the past.

Directly Elected Mayors

Baroness Hollis of Heigham Excerpts
Monday 31st October 2016

(7 years, 8 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, there are certainly all sorts of drawbacks to having too many referendums.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham (Lab)
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My Lords, is the Minister aware that the much-vaunted eastern region devolved administration of Norfolk and Suffolk—Cambridgeshire has been spun off—is falling apart because of the requirement of an elected mayor? The main reason for wanting those devolved powers is precisely to strengthen the rural transport connections, as part of East Anglia, for example, is surrounded on three sides by water. Following the question from the noble Lord, Lord Cormack, will the Minister review the position and understand that rural areas are precisely the places where transport connectivity might be vital for economic growth, so that those in the more deprived rural areas can come into their market towns, but that it is not possible because of the Government’s absurd, 1970s insistence on elected mayors?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, I am not sure that this is something that was prevalent in the 1970s. On the noble Baroness’s example of Norfolk and Suffolk, I very much hope that they do pursue a deal, but that is very much a matter for Norfolk and Suffolk. There are other rural areas that are pursuing this with vigour as well—Cambridgeshire, for example. It is a matter for those areas.

Devolution: North-east England

Baroness Hollis of Heigham Excerpts
Wednesday 12th October 2016

(7 years, 9 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, other areas—Greater Manchester, Liverpool City Region, Tees Valley—have come to an agreement and are pursuing the need for an elected mayor. It is regrettable that the north-east is not doing so, but we do not impose these things—they are to be bottom-up—but I appeal to the north-east to come together so that we can proceed with this deal, perhaps in 2018.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham (Lab)
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My Lords, will the Minister not consider detaching the issue of elected mayors from devolution? As we warned when the Bill was going through, the devolution proposals for Norfolk and Suffolk have fallen through, mainly because a mixture of Tory councils and Labour councils were not willing to go ahead with an elected mayor. As a result, some areas, particularly in Norfolk, which are among the poorest in the country, will not get the resources or the powers they need, particularly to provide transport connectivity, because the Government are hung up—stupidly—on the concept of an elected mayor, which may make sense for London and the great conurbations but does not make sense for large parts of the eastern region.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth
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My Lords, whatever else has been happening in the north-east, I do not think there has been a disagreement between Conservative and Labour authorities—I wish that were the case in some ways, but this has all been disagreements among Labour authorities. I remain of the view, as do the Government, that the best way to proceed, as we are in the urban areas where we need this concentration of powers, is to have somebody accountable as a mayor, just as we have in London. We have had other agreements where there is not a mayor—for example, Cornwall—but then you do not get all the necessary powers, so that is not the way forward.

Wales: Council Tax

Baroness Hollis of Heigham Excerpts
Thursday 27th October 2011

(12 years, 8 months ago)

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Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
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My Lords, I can tell my noble friend that the amount was £22.6 million. I regret that I do not know how the Northern Ireland Assembly chooses to use it, but the same principle would apply: it must determine its own priorities and be accountable to the people of Northern Ireland for them.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham
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My Lords, to return to the council tax freeze, why is it acceptable to freeze council tax in England and Scotland—and in Wales, if it chooses to spend it that way—to the tune of £800 million, so that every Member of this House has their council tax frozen, while, outside this House, the poorest will see their council tax benefit cut by 10 per cent?

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
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My Lords, the Government indicated that this was an area of UK Government underspend which we were able to use to help support hard-working families with their council tax. I think that it has been widely welcomed that the council tax has been frozen in England; indeed, the Scottish Government had already decided to freeze it in Scotland. With the resources that are available, I think that it will be of benefit to a considerable number of households throughout Scotland and England. It is up to the Government of Wales to determine whether they will wish to follow that. Interestingly enough, in announcing the local government settlement, a Welsh Minister, Mr Carl Sargeant, indicated that local authorities in Wales would have to consider the balance between the need to sustain key services for their citizens’ benefit and the need to limit any financial pressure on hard-pressed households. Even devolution of local responsibility within Wales might lead to some places there getting a council tax freeze.

Parliamentary Voting System and Constituencies Bill

Baroness Hollis of Heigham Excerpts
Wednesday 19th January 2011

(13 years, 6 months ago)

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Lord Thomas of Gresford Portrait Lord Thomas of Gresford
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Of course it was deserved, because the proceedings on Monday and into Tuesday morning were an organised filibuster.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham
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Nonsense—withdraw.

Baroness Scotland of Asthal Portrait Baroness Scotland of Asthal
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I was not talking about whatever happened on Monday night. Then, the noble Lord, Lord Trefgarne, raised his objection, which was put. A number of us thought that it should not have been. That situation was exceptional and was the first time that such a thing had happened for 20 years. To move such a Motion again today, after a 90-minute debate, was not right. The noble Lord knows that very well.

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Lord Addington Portrait Lord Addington
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My Lords, I have been in this House for well over 20 years and have seen many long debates. I have never experienced anything like what has gone on on this Bill. There has been almost a relay of speeches designed to inform you about just about anything other than about what is on the Order Paper. Somewhere there will be a pedant’s description of what a filibuster actually is, but this looks and smells like one. That is where we have got to.

Baroness Hollis of Heigham Portrait Baroness Hollis of Heigham
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My Lords, I have not taken part in the Bill, but I have been in the House for some 20 years. I was a Minister for rather a long time during that period. On behalf of the Government, I must have been responsible for taking through 12 to 15 Bills. On every Bill for which I was responsible, I expected to negotiate for two reasons. The first was the practical reason that as a Labour Party in the House of Lords we had no overall majority, and the second reason why I expected to negotiate was that time and again Lord Mackay, who was my first opposite number, and then the noble Lord, Lord Higgins, very often joined by the noble Baroness, Lady Noakes, had a better argument and better evidence to support their position than was in my brief, and I learnt from them. Therefore, the basis of negotiation was first on the grounds of not having the numbers and secondly because the Opposition had something worth while to say and very often had a more powerful case than my department could offer. That was the basis on which we negotiated on every Bill for which I was responsible.

Now, because for the first time ever there is a government Tory-led coalition majority on the Benches opposite, there seems to be a belief, which I hope is not shared by all Members opposite, that numbers count and arguments do not. I hope therefore that noble Lords will reflect that there is virtue in negotiation, not just because of numbers but because wisdom—judgment, as my noble friend said—does not belong to any one section of this House. That is why we have been so effective as a revising Chamber over the years. There is wisdom and judgment around the House, and any Government, if they are wise, listen to it, reflect upon it and, I hope, adjust their position accordingly. I hope that we never see the disgrace of the Motion moved by the noble Lord, Lord Thomas of Gresford, today to bring closure on a particular amendment and thus to cut out the possibility of the negotiation that we need to have. I ask noble Lords opposite to reflect on what happened during the past 13 years. I understand that opposition is painful, but they made a powerful impact on the Government’s programme not just by virtue of numbers but by their argument, their judgment and the experience they brought to bear. It is foolish beyond belief to think that because you have the numbers, you can dispense with that judgment now. I beg noble Lords to reconsider.

Lord Mackay of Clashfern Portrait Lord Mackay of Clashfern
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My Lords, it is with considerable difficulty that I find myself addressing this position which, as far as I am concerned, has never happened before. We have come to this position as a result of a government Bill which deals with very important matters—I am the first to concede that—which require discussion, and we have had a good deal of discussion. Yesterday, for example, there was a concise and effective debate on the amendments proposed by the opposition Front Bench. My noble and learned friend Lord Wallace of Tankerness explained that he could take the matter away for consideration but no undertaking could be given. That was what ought to have happened and the response by the noble and learned Lord, Lord Wallace, was warmly accepted by the noble and learned Lord, Lord Falconer of Thoroton. I see no reason why we should not be able to proceed in this way.

The other day the noble Lord, Lord Young of Norwood, said he had taken a Bill on the digital economy through Parliament. It was a very interesting Bill. I took part in the early more general clauses but once it became technical, it was beyond me, so I was not able to assist and had to desist from taking part. But there were 700 amendments. If these amendments had all taken the time that was taken by the first two or three amendments in this week’s Committee, he would certainly not have got his Bill through that Parliament. I am all in favour of scrutiny and I value the right we have here to raise every amendment for discussion and get a government answer to it. That is extremely valuable and I have explained it often in answer to people who ask what the function of the House of Lords is in relation to legislation. I am able to say that anyone who has a reasonable point and can get a Peer to see it as a reasonable point has an opportunity to get an answer from the Government on that particular point. It may not always be a satisfactory answer or the answer that one wants, but at least we have the right to get an answer from the Government on every point that is made.

The total number of amendments on the Marshalled List for this Bill is quite large and I would think that quite a number of them have substantial points. I have listened with care to a substantial proportion of the discussion in this Committee and I have been interested in the points made from the opposition Benches, most by people of considerable experience. I have paid particular attention to the points made by the noble Lord, Lord Wills, in relation to the possibility of improving the electoral register. However, as the time has gone on and the same amendment is still being debated, my interest has slightly waned as a result of the extraordinary amount of repetition. It is not for me to judge always, but I have a feeling that not every remark is equally relevant to the point of the amendment. Indeed, my noble friend—I think I can call him that as an exception—Lord Foulkes of Cumnock gave a very interesting speech the other day but he never mentioned the amendment that was being dealt with. I do not believe in making many interventions on these amendments because it just makes matters worse, but on this particular occasion I ventured to intervene to ask him whether he was for or against the amendment. His answer, typically generous, was, “Well, I haven’t made my mind up yet”, and he expected that I would not make my mind up, either, until I had heard the whole of the discussion.

I make no apportionment of blame as to where this has happened but there has crept into the debate an extension of discussion beyond what is reasonable if we are going to get through this Committee stage in anything like a reasonable time. For example, one of the amendments took something like three and a half hours. If you take the total number of amendments on this Marshalled List and multiply it by three and a half hours, we will be using most of this extended parliamentary Session for this Committee. Whatever one thinks about the merits of the Bill, that is really quite excessive in terms of discussion. I feel that we have got to a stage where we have lost the complete adherence to relevance and succinctness which are the advantages of this House’s procedure. The noble Lord, Lord McNally, made some reference to this the other day and was regarded as having threatened people, which I certainly do not think he did, but he mentioned the point that in the other place this had been lost. The reason we have had it for all the time that I know of, and I hope that it will continue for a very long time to come, is that we have exercised self-restraint and discipline in relation to the total number of amendments that are on the Marshalled List with a view to succeeding that the points are understood. When I have listened here, I have understood very well and quite quickly most of the points that are made from the opposition Benches, but by the time they are repeated five or six times, one begins to feel, possibly, that they have lost their impact. I am afraid that is, at least to some extent, what has been happening in the discussion.

Not everyone has the same level of patience but we have to exercise a certain amount of patience with one another. I greatly regret that we have come to the position where this closure Motion has happened on two occasions.