69 Baroness Jones of Moulsecoomb debates involving the Ministry of Housing, Communities and Local Government

Mon 24th Nov 2025
Planning and Infrastructure Bill
Lords Chamber

Consideration of Commons amendments and / or reasons
Wed 29th Oct 2025
Wed 29th Oct 2025
Mon 27th Oct 2025
Wed 22nd Oct 2025

English Devolution and Community Empowerment Bill

Baroness Jones of Moulsecoomb Excerpts
Removing this clause would prevent the government from forcibly rearranging local government.
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I rise to oppose Clause 57 and Schedule 26 and express my deep concern about the way in which the Government are pushing through local government reorganisation under the banner of devolution. Local government reorganisation is not new. It can and does happen but, where it does, it should happen by consent. Councils already have routes to propose mergers and restructuring where they believe it is right for their area.

What is different here is the scale and direction of travel. This feels rushed, top-down and imposed. It runs directly counter to the notion of devolution and the stated purpose of this Bill. I do not accept that the creation of new strategic authorities requires, as some kind of quid pro quo, the rapid abolition or forced merger of existing authorities. One size does not fit all. I have some experience of unitary authorities and recognise that they can work well, but that does not justify imposing them everywhere regardless of local circumstances, identity or consent.

Crucially, there is no strong evidence to support the argument that these changes will save money or improve service delivery. Larger councils are not automatically cheaper or more efficient to run. At a time when local government is already under extreme financial pressure, it is extraordinary that Ministers are pursuing structural upheaval rather than addressing the underlying problem of chronic underfunding. Local authorities are still grappling with the consequences of austerity. Councils across the country face serious and growing funding gaps and services are already stretched to breaking point. Before imposing disruptive reorganisations, the Government should fix that.

There are also serious risks to community identity and representation. Evidence from councillors on the ground suggests that these proposals could result in arbitrarily drawn, very large authorities with little sense of place or shared identity. Many towns with long histories and strong civic cultures—places that people care deeply about—are at risk of being effectively wiped off the local government map. It is important because democracy is about not just administrative efficiency but connection, accountability and trust. There is clear evidence that size matters for democratic engagement. Increasing population size and geographic scale risks reducing electoral turnout and lowering participation in local decision-making. We already have far too few elected representatives compared with many comparable countries. These proposals will significantly reduce the number of councillors overall, further thinning out representation at precisely the moment when communities are facing increasing pressures and greater complexity.

I am particularly concerned about the impact on casework and local advice. Councillors play a vital role as accessible, familiar faces in their communities, helping people navigate failing systems, resolve problems and get support in times of crisis. Many already work far beyond what their allowances reflect, often with limited support. When I was a councillor in Southwark, I could not do any gardening in my front garden because people would come up to me and tell me about their awful problems with black mould—clearly more important than my daffodils—so going into my garden was sometimes a challenge.

Schedule 26 risks abolishing whole tiers of representation almost overnight. That will inevitably lead to spikes in casework and confusion about where people turn for help. Local advice centres are already under immense strain, having lost staff and volunteers, while demand continues to rise. I see no evidence that the Government have seriously considered how this reorganisation will affect advice provision or where that additional pressure will land.

I do not agree that having services under one roof will make things simpler for residents. It might sound true in principle, but transitions of this scale are not frictionless. Removing thousands of local representatives at once is a disruption, and disruption without consent carries real democratic costs. Schedule 26 concentrates power in the hands of the Secretary of State, allowing directions to be issued, boundaries to be changed and authorities to be abolished with little or no local say. For all these reasons, I believe that Clause 57 and Schedule 26 represent a huge step in the wrong direction.

Lord Bassam of Brighton Portrait Lord Bassam of Brighton (Lab)
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My Lords, my Amendment 196EC to Schedule 26 fairly sets out some of my concerns, which, having listened to the noble Baroness, I am sure are shared by others in the Room. I tabled it in part to probe how Ministers will determine the new pattern of unitary councils. I appreciate that, by and large, they will be shaped by the submissions being made by current local authorities to the department, but my concern is that there is little thought or discussion about the size, shape or culture of the new councils.

The Government’s White Paper, published in December 2024, was clear that unitary councils should have

“a population of 500,000 or more”.

It argued that this would be

“the right size to achieve efficiencies, improve capacity and withstand financial shocks”.

The White Paper also said that

“reorganisation should not delay devolution and plans for both should be complementary”.

The Government have sensibly delayed the election of a number of the combined mayoral authorities and slowed the process down. Until the last general election, the pace of devolution was rather more measured, which was wise. Understandably, the new Government want to get a move on with their major reforms. At the same time, we will be asking the combined mayoral authorities and the new unitary councils to deliver much of the Government’s growth agenda and their political priorities in education, housing, childcare, nursery provision and so on. Quite right, too: they are the vehicles for a lot of those things, in particular transport. But the idea that these new and very powerful institutions will be capable of delivering new policies and plans while simultaneously creating themselves is something of a stretch. When Brighton and Hove City Council was set up back in 1997, we wisely gave ourselves two and a half years of preparation, including one year as a shadow authority. None of these structures will have that luxury.

It is well known that I favour unitary councils and have long argued for them, but they have to be well grounded to work and, to be well grounded, they have to be based on recognisable boundaries that have a clear relationship with local geography and a sense of community. My authority, Brighton and Hove, is constrained by the downs and, for that matter, it makes sense. It is a place, and place-making, as the Government say clearly in the White Paper, is of great importance not just to government but, more importantly, to communities. Make the unitaries too big and start tying urban and rural districts together and you lose that. You also lose the sense of community identity.

In the past, when unitary authorities were established, many place names were lost. I go back to 1974: who knew that Sefton was Southport and Bootle, or that Kirklees subsumed places such as Huddersfield, Dewsbury and Batley? Kirklees is the name of a hall on an estate, some of which is, I think, in the neighbouring borough of Calderdale. My point here is that place-making and community building, which are surely part of the stuff of local government, rely on the ability to be readily identified so that people can understand who is responsible for what and in whose name. Abolishing a lot of the place names, as the last local government review did in 1974, risks depriving people of that ready point of identity, which would be unfortunate and wrong.

Currently, looking at the size of authorities, we have few that fit the 500,000-plus margin—just nine: Birmingham, Cornwall, Leeds, Sheffield, Bradford, Manchester, County Durham, Wiltshire and Buckinghamshire. It is an open question as to whether their size makes them more efficient; it is possible that it makes them more remote. The more remote they are, the more citizens feel left behind and left out, and less engaged and able to influence local decision-making.

For that reason, my amendment seeks to ensure that, in making a direction on the future pattern of local councils in a given area, the Secretary of State must have regard to local geography, because of its influence on travel and community relations; the sense of identity that the new authorities will take on in terms of places and communities; and whether it is wise simply to glue together urban and rural areas for administrative convenience. Additionally, the environmental and financial sustainability of a council area, and its proposed size, have to be considered.

The White Paper seemed to assume the bigger the better and that savings would flow. I am less convinced. If I look back to the unitarisation of Berkshire in 1998, for example, when the council was broken up into six unitaries, all then had to find directors of social services, education, environment and highways. A similar impact will be felt with the unitarisation that takes place under combined mayoral authorities.

I suspect most councils have stripped out excessive costs over the past 15 years and most will have come from back-office mergers. There may be savings in the administration of council tax as larger council tax areas come into view, but the integration of many district council systems into new unitary council tax collections will certainly come at a cost.

To conclude, I have a number of questions for the Minister. Can she confirm that a fixed size for unitaries—the 500,000 figure—has been dropped? Do the Government have a number in mind? Will the Secretary of State be mindful of ensuring that mergers respect the need to have identifiable boundaries that respect urban and rural differences and the historical bases of councils, to enable place-making and help with community resilience? Can we be assured that resources will be in place to ensure a seamless transition from the current pattern of districts into larger unitaries?

What steps will the Government take to guarantee a level of democracy that makes councils accessible to local electors and residents? The noble Baroness, Lady Jones, made the point that councillors already work hard. The White Paper confirmed that the number of councillors would reduce—that is pretty obvious, really—but can we be assured that councillors will be sufficient in number, and well enough resourced and supported, to represent the inevitably larger communities that they will be part of?

I do not oppose unitaries; in fact, I am rather keen on them. I do not oppose devolution, but it has to be done at a pace, and in a style and manner, that works for local communities to ensure that democracy, demography and community identity are preserved, because place-making should be at the heart of the changes. We all need to be assured that that will be the case.

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Baroness Taylor of Stevenage Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
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My Lords, I thank the noble Baroness, Lady Bennett of Manor Castle, and my noble friend Lord Bassam of Brighton for addressing the local government reorganisation measures in the Bill. I thank the noble Baroness, Lady Jones, for speaking on behalf of the noble Baroness, Lady Bennett.

The noble Baroness, Lady Bennett, opposes Clause 57 and Schedule 26 standing part of the Bill. Reorganisation is a crucial part of the Government’s mission to fix the foundations of local government, creating unitary councils that can be sustainable for the future and deliver the high-quality services that all residents deserve. The Bill amends the existing legislation to enable the Secretary of State to direct areas to submit proposals to reorganise.

We are committed to working in partnership with local areas and are already doing so on this current round of reorganisation. All two-tier areas that were invited in February 2025 have now submitted proposals for reorganisation, which have either been consulted on or are now subject to consultation, because they acknowledge that the status quo is not feasible or sustainable. Therefore, this power would only ever be used in the future, where areas had failed to make progress following an invitation.

The new merging provisions enable existing unitary councils that believe structural change will be beneficial to submit proposals for reorganisation. This aligns the process for reorganising single-tier areas with the current process for reorganising two-tier areas. With devolution and local government reorganisation progressing concurrently across the country, mechanisms are needed to ensure that these reforms work in harmony.

The ability to convert a combined county authority into a combined authority is a common-sense and necessary measure. Without it, there would be no streamlined route to ensure that the existing combined and combined county authorities remain intact once their constituent authorities implement reorganisation. The ability to abolish a combined authority or a combined county authority could be used only in very limited situations. It ensures that, if a reorganisation proposal would render a strategic authority obsolete, the proposal can be implemented and the strategic authority abolished as necessary. Any such proposal requiring the use of the abolition power would need to consider how it would impact future devolution in the area, as the Government’s reorganisation criteria set out. This ensures that these areas will not be left without a viable pathway to devolution.

The noble Baroness mentioned the Government’s approach to funding. This week we publish the local government finance settlement, which has restructured local government funding to ensure that the areas that need it get the most funding. We have put more than £5.6 billion of new grant funding over the next three years into local government. We know that unitarisation can unlock significant savings. Unitary councils reduce duplication, cut waste, improve services and give better value. Of course, exact savings from each proposal will vary from place to place, depending on the proposals implemented.

The noble Baroness also mentioned casework. I take her point and I know the bit about growing daffodils out in the garden—I still often get stopped when I am doing my garden and I am not even a councillor now. Casework support varies from council to council, but it is perfectly possible to provide support for casework at any level of local government. I know that many councils do this extremely well—I hope that those that are not so good will learn from the best.

I turn to Amendment 196EC, tabled by my noble friend Lord Bassam. I shall correct myself, because I did not thank all noble Lords who spoke in the debate, as I should have done at the beginning, so my apologies. My noble friend’s amendment seeks to introduce criteria that the Secretary of State must consider when taking a decision on the merger of existing unitary councils. The new merging provisions set out in this Bill enable existing unitary councils that believe structural change will be beneficial to submit proposals for reorganisation. This aligns the process for reorganising single-tier areas with the current process for reorganising two-tier areas.

I reassure my noble friend that having regard to the size, geography, public services and local identity of an area is already embedded in our approach and decision-making when it comes to reorganisation. This is demonstrated by the statutory guidance that we have issued to areas that have been invited to prepare proposals for local government reorganisation.

My noble friend mentioned the size of areas. I point out that the invitation letter to two-tier areas in February made it very clear that the aim for new councils to have a population of 500,000 or more is a guiding principle. Instead of presenting a top-down solution for each area, our starting point is to support and empower local leaders and respect their knowledge, expertise and insight. This approach is in line with the new partnership between government and local government. In discussions with individual councils, with parliamentarians and in interviews given throughout the process, the Government have further reinforced that position to aid the local discussions. I have seen a huge variation in the proposals that have come forward in terms of size. People have taken that as guidance and taken it very seriously. Yesterday, we had a debate on the new authority that has been set up, Cumbria, which has a population of much less than 500,000, because that was appropriate for that area.

Furthermore, the Local Government and Public Involvement in Health Act 2007 already requires that the Secretary of State may invite or direct a relevant principal authority to make a proposal for the merger of single tiers of local government only where it would be in

“the interests of effective and convenient local government”.

The 2007 Act also requires that affected local areas must be consulted before a proposal for local government reorganisation can be implemented. This gives local residents the opportunity to voice their opinions on the criteria outlined by the noble Lord in his amendment.

Next to my council is a council called North Hertfordshire, which includes four towns. The noble Viscount, Lord Trenchard, will know these towns very well—Hitchin, Letchworth, Baldock and Royston. These places have not ceased to exist because their council is called North Herts. The noble Baroness mentioned Wiltshire, which I know she feels was greatly strengthened by the introduction of unitary government. Wiltshire has survived in spite of its unitary status and I am sure that Hertfordshire will equally survive long into the future, no matter what happens with local government.

My noble friend’s questions can all be answered by the criteria that local authorities have been asked to respond to as part of the invitation process, including issues of local identity and cultural and historic importance. Although I appreciate the spirit in which my noble friend has tabled this amendment, it is the Government’s view that placing further legislative conditions on the merger of unitary councils would be duplicative and unnecessary. For these reasons, I hope that noble Lords feel able not to press their amendments.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I thank the Minister for her answer. I know she has huge experience of local democracy and councils, but there is quite a lot of experience in this Room as well. If noble Lords from the Conservative Party are agreeing with the noble Lord over there, I think there might be a problem. I just hope the Minister can perhaps think about some of the things that we have said and that we are concerned about. The Government are doing quite a lot of good things, but they are very bad at telling us about them, and that is part of the problems that they face at the moment. I will not come back on all these things. My concerns are still very much there, so this might come back later.

Clause 57 agreed.
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I believe that if you have a referendum, or, for that matter, a decision of the council that it wants to run the system in a particular way, why not? Nobody in Rotherham, Barnsley or Derbyshire gives a fig how Sheffield’s decision-making process works so long as it works—nobody—so, even with the modest amendments that have now been made, why impose a system when you simply do not have to? It is meddling, muddled and not democratic. I am desperate to save my Government from going down the wrong road. If we believe in devolution and community empowerment, we should ensure that we can practise it, which means setting aside Clause 59 and Schedule 27.
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I very much support the noble Lord, Lord Blunkett, in opposing Clause 59. As an opponent of centralised control of all sorts, I feel that, if we are talking about democracy, it really ought to mean what it says. Centralised control of any sort is, for me, not democracy.

Lord Mohammed of Tinsley Portrait Lord Mohammed of Tinsley (LD)
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My Lords, I apologise that I was not able to speak at Second Reading but I want to speak to the proposition from the noble Lord, Lord Blunkett, to abolish Clause 59 and Schedule 27. I do this as someone who has lived in Sheffield and who still represents the noble Lord, Lord Blunkett, on the council. We were actually on different sides of the argument when that referendum was held in May 2021, when 90,000 people—65% of those who voted in Sheffield—voted to change from the strong leader model. The Liberal Democrats brought that in during the Blair years, because that is what we were told to do.

I find it ironic that we are discussing the English Devolution and Community Empowerment Bill but we are now dictating the governance arrangements that communities will have. I really do not see how you can stack that up. If communities want to move away from a governance arrangement, as the noble Lord, Lord Blunkett, said, that can be a simple vote in council or it could be the route that the It’s Our City! community organisation took in Sheffield, which was to collect 25,000 signatures and trigger a referendum. I normally say to councillors that if communities are collecting 20,000-odd signatures, it is best to change your mind, otherwise you are going to get the vote that we had in Sheffield.

I urge the Minister to realise that if you can get the noble Lord, Lord Blunkett, and me on the same page, having for many years thrown rocks at each other in Sheffield, you seriously need to listen. Although you might favour the strong leader model, if you genuinely believe in community empowerment then let the people decide. If they ultimately want a leader-and-cabinet model, they will vote for it and support it through their local councils. Let us not have this top-down diktat. That is why, on these rare occasions, noble Lords can find me and the noble Lord, Lord Blunkett, on the same page.

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Lord Lansley Portrait Lord Lansley (Con)
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I think the Minister might wish to refer to that, if necessary. My understanding is that, just because an authority is unitary, it does not mean it stops being a county or a district. You could have single foundation counties and districts, in theory.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I will speak on Amendment 209 in the name of my noble friend Lady Bennett of Manor Castle. I am not going to mention parishes; it is too controversial. In my village, the parish council is incredibly important. It sets up a litter pick, once a month, which I do every month and it is wonderful. I love walking out in front of cars in the village that are going too fast and just stopping them with my little stick. There is not much rubbish left anymore.

The noble Lord, Lord Wallace, used a very good word for what this side of the Room is experiencing: unease. Sometimes it goes a little bit beyond that, as well.

This amendment seeks to strengthen Clause 60 by setting clear minimum standards for meaningful community participation in neighbourhood governance. The Bill repeatedly speaks in the language of devolution, empowerment and bringing decision-making closer to communities but, to do that, you must make sure that people are genuinely involved in shaping decisions, rather than just being consulted once it has all been fixed.

As the Bill stands, it requires only that “appropriate arrangements” are made for local engagement. That phrase is far too vague, and that vagueness risks exactly the sort of weak or inconsistent participation that has undermined public trust for years. Without minimum standards, engagement can easily become technically compliant but practically meaningless. Meaningful participation requires more than consultation; it requires deliberation, and spaces where people can learn, discuss, challenge and contribute to shaping outcomes. That is why the amendment refers to

“deliberative processes such as citizens’ panels, assemblies, or community conversations”.

In my village, we have community conversations on the street, on a regular basis—and very healthy it is too.

These approaches are well established, increasingly used by councils and effective at engaging people who would not normally take part in formal consultations. The amendment also rightly emphasises inclusion; there is a danger that engagement exercises are dominated by those with the time, confidence and resources to respond. Communities are affected most by decisions, and those who are already underrepresented in policy-making are precisely the voices that are hardest to hear and most important to include. That probably counts double for inner-city parishes or areas.

Transparency is equally important. People need to be able to see how their input has influenced decisions. When communities are asked for their views but see no visible impact, trust is eroded. We need to report on how engagement has shaped plans and outcomes.

The amendment also recognises that meaningful participation needs support. The Minister has said that there is a lot of money going into local councils. I very much hope that it is enough to do exactly this sort of participation and engagement, because asking councils to deliver deeper participation without providing the means to do so risks setting them up to fail.

I do not think that existing powers and future regulations will be sufficient. Although flexibility matters, flexibility without standards leads to inequality. Minimum standards prove a floor, not a ceiling. They ensure that all communities can expect a basic level of involvement. There are excellent examples of councils doing this well; the purpose of the amendment is to ensure that such good practice becomes the norm, not the exception.

Earl of Lytton Portrait The Earl of Lytton (CB)
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My Lords, Amendment 209A in this group is in my name. I express my regret that I was unable to speak at Second Reading, for which I apologise. This is my first intervention on this Bill. I have interests to declare: I am a former president, and now a vice-president, of the National Association of Local Councils, and I am a current joint president of the West Sussex Association of Local Councils. I am very grateful to NALC for its help in drafting Amendment 209A.

I stepped straight into the controversial sector that the noble Baroness, Lady Jones of Moulsecoomb, suggested she would keep well clear of. I have very much in mind the comments made by the noble Lords, Lord Blunkett and Lord Shipley, in our debates on the earlier groups in connection with Clause 59 and Schedule 27. I also relate 100% to the comments made by the noble Lord, Lord Wallace of Saltaire, in his introduction to this group, as well as those from the noble Lord, Lord Lansley. I support the other amendments in this group, which are on the same theme as mine.

I wish to comment on a point made by the noble Lord, Lord Wallace of Saltaire, about the extent of parishing. I cannot give him an answer, but if I tell him that East Sussex and West Sussex are almost completely parished but Surrey is at a much lower percentage then that will indicate to him that it can be a bit of a patchwork. Up and down the country, there are reckoned to be about 10,000 parish and town councils, so there are a lot of them around; there are also a lot of elected members. Noble Lords have raised other things about parishes, but I will pass on them.

I share a concern with noble Lords. If we have a combined county authority for a population of 500,000, say, and the borough and district structure then disappears because of that, where the relevant area or part of it is unparished—this is often in urban areas, though it is not always—what represents the community? As the noble Lord, Lord Shipley, said, that bit is uniquely well placed to deal with those local issues that have the most immediate impact on the electorate. It is usually—almost always—a community of geographical interest, as well as other types of interest.

My amendment seeks clarification of the Government’s intentions here; as we have already heard from the noble Lord, Lord Lansley, and others, they look a bit opaque and need clarification. In particular, my amendment tries to make sure that any arrangements that are put in place pursuant to the Bill, once it is enacted, do not impinge on the existing parish structures or impede their formation.

I will expand further by asking what the Government envisage the specification template or other structural characteristics might be to respond best to the needs of community. Here I am not stressing size. The noble Lord, Lord Bassam, referred to the council in Northampton. We always used to say that the biggest town council in the country was Weston-super-Mare, but I may be a bit out of date. It was considerably larger than some of the other principal authorities; they come in all shapes and sizes.

The point here is to ask: will community representation be some form of hand-me-down process through the principal authority, and will it be dependent on that authority for its finance, appointment of members, functions and so on? Will it just leave it to some ad hoc or perhaps business-related organisation to fill the void? Or will it have legal status, defined structure and powers, direct democratic accountability, financial accountability and autonomy through a precept, and the opportunity to move to a general power of competence, with rules of conduct, procedure, an accountable officer and so on? If that is what the template looks like, it looks very much like a parish council in structure. Let us not get too hung up about what the precise name should be, because what I am concerned about is the form. The democratic and financial accountability and its governance are what matter here, rather than size or other factors.

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Lord Pack Portrait Lord Pack (LD)
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My Lords, I will speak particularly to Amendments 211 and 212 in this group, which are in my name and that of the noble Baroness, Lady Pinnock.

On the return to this vexed question of election postponements and cancellations, as we have covered that several times already on various previous occasions—I am sure we will again in future—I will take a slightly different tack this time and focus partly on the future. I also hope, perhaps overoptimistically, that the Minister feels that these amendments are actually helpful.

Thinking about the future first, there are very clear, sad and worrying lessons from countries all around the world about how quickly democracies can become fragmented and undermined. The responsible reaction we all should have to that is to be determined to embed democratic norms as deeply and firmly as we can. That does not guarantee their future protection but it will certainly make life more likely to be successful, whether for our future selves or our successors, if we have to defend democracy. I hope we all agree on the clear principle of embedding the idea that democracy should not just be an easy thing to postpone or cancel.

However, at the moment, unfortunately, it is just a little bit too easy for elections to be postponed or cancelled. The two amendments in my name set out a very clear route, as indeed do other amendments in this group, by which we could more firmly protect our democracy against future strains.

As the noble Baroness, Lady Scott, rightly pointed out, there are several different approaches that one could potentially take to this. I certainly acknowledge the merit of the approach taken in some of the other amendments regarding both ensuring that the 2007 and 2011 Acts referred to in them are properly catered for and, indeed, the interesting idea of the one-year limit that is present in one of those amendments.

My concern, though, with those alternative approaches —I will certainly listen carefully and with interest to noble Lords who contribute to the rest of this debate—is that those alternative approaches rest, in the end, on the willingness of Parliament to vote down secondary legislation. In the end, that is the prime safeguard in them. It is obviously a matter for another day or occasion to debate the merits of the deeply held, principled position that I know many in both the Labour and Conservative groups here take—I do not share it but I appreciate it—that the main opposition party in the House of Lords should not vote for a fatal amendment to a statutory instrument.

The problem is, whatever one thinks are the rights or wrongs of that principle, that that essentially means that any safeguard that is based on the idea that the Government have to put a statutory instrument or secondary legislation in some form to Parliament is of very little use. In the end, when push comes to shove, whatever the principal opposition party is in the Lords, it will say, “As a matter of principle, we aren’t going to vote it down”. It is a safeguard that, when needed, will not keep us very safe.

I said that I was going to be optimistic and try to persuade the Minister that these amendments are a helpful measure. I say that because I am absolutely sure that, in good faith, the Government never set out to say that some councillors who are elected for a four-year term of office should stay in office—as it will turn out under their plans—for seven years. I am sure that was not the original intention, but it is unfortunately the position that we have stumbled into through a sequence of events. That is a very significant and, outside of wartime, unprecedented extension to the term of office of councillors. We have ended up in this unprecedented and frankly unsatisfactory position because some of those councillors who have had their four-year term extended to seven years are in power, running councils, and they are being given three extra years in power without the public getting a say on that.

As I said, I appreciate that that is the result of a sequence of circumstances, and in that sense it seems that the Government have stumbled into a series of events. Whether through the mechanisms set out by the noble Baroness, Lady Scott, or through mine, the advantage of making it a little harder for the Government to cancel elections in the future is that it would protect Governments from stumbling into a similar sequence of events again. So I hope we will hear some movement from the Minister in due course on this issue.

But of course, like any good Liberal Democrat, I cannot resist the opportunity to talk a little about the merits of different voting systems, so I will refer briefly to Amendment 213, although the ticking clock protects noble Lords from a William Gladstone-type speech about the relative merits of different voting systems, tempting though that may be. Although it is obviously no surprise, I am sure, for the Minister to hear me say that I certainly prefer the supplementary vote to first past the post, it is a real shame that the Government do not intend at the moment to go a step further and introduce the alternative vote. The big weakness of the supplementary vote is that you have to correctly second-guess the two parties that will be in the final round so that you can cast your second preference vote in a way that will be counted.

I will briefly make reference to the research by the Make Votes Matter coalition that was carried out a couple of years ago and which encompassed 217 different elections conducted by the supplementary vote in the UK. It found that only 46% of the second preferences that people expressed actually ended up being counted in the final run-off round. Over half of all second preferences correctly filled in on the ballot paper none the less got discarded because they were for candidates who did not make it into the second round. That is quite a flaw in the supplementary vote. It is a system essentially designed for a world in which it is pretty clear who the two main parties, or the two main candidates, in an election will be. However good or bad it may be, we are certainly not in a situation where that is the norm in our politics any more, so I very much hope the Minister will consider the merits of the alternative vote.

On Amendment 214, I simply observe that, in Scotland, the single transferable vote is used for council elections and is pretty popular with not only many members of the Labour Party but indeed many members of the Conservative Party there. If it works well in Scotland, as it does, perhaps we should be able to have it in England as well.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I will not talk about different voting systems; I cannot think of anything more boring—I am so sorry. Actually, lots of things are more boring. I could not agree less with the noble Baroness, Lady Scott, about the value of first past the post. It is a thoroughly discredited system and its time is over. What we see again and again is that we have a completely unrepresentative Government, as we do at the moment: they have a huge majority on a small proportion of the vote, and the Conservatives should be thinking more about how they can get back into power—obviously, I do not particularly want that.

Under first past the post, councillors elected often bear little resemblance to how people actually vote. Large numbers of residents can turn out, cast their ballots in good faith and still see their views go completely unrepresented. That leaves too many people feeling that local government is something done to them rather them with them, and proportional representation offers a way out of that. My noble friend Lady Bennett of Manor Castle’s Amendment 215, and Amendment 214 in the name of the noble Baroness, Lady Pinnock, would allow a shift towards a voting system that would reflect the diversity of political opinion in our communities and reward candidates who can build broad support, rather than those who simply scrape through on a minority of the vote. It would open the door to councils that would look more like the places they serve, politically and socially, and that really matters, especially at a time when councils are becoming larger, more remote and more powerful.

As the noble Lord said earlier, in Scotland local government elections have used the single transferable vote for nearly two decades. In Northern Ireland and the Republic of Ireland, STV is well understood and widely trusted. In Wales, councils are now able to choose it for themselves. Of course, we have proportional representation in London for the London Assembly.

I have been elected under PR and under first past the post. Quite honestly, it did not feel very different, but a completely different view could be spoken and presented much more forcefully when we had more people elected under proportional representation. Voters in those countries manage perfectly well with a system that allows them to rank candidates in order of preference. The result is representation built on consent and co-operation rather than tribalism. This will be much more important as we move towards much larger councils and combined authorities. If power is to be devolved upwards, representation must be strengthened downwards.

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Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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We are definitely finishing at that time. If we can get through this big group, we will, I hope, be able to do the eighth group, but we must finish at 9.15 pm.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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Sorry; would it not make more sense—

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Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, what an exciting group this is. I support Amendments 223A, 224A, 226 and 228, which address a significant and surprising gap in the way that community assets are defined in law. I very much hope we can correct this before the next stage. Before I begin properly, I thank Tom Chance, chief executive of the National Community Land Trust Network, who supports this aim and has helped with this work.

At present, the legal definition of “assets of community value” recognises social interests. The Bill adds economic interests, but still leaves out environmental interests entirely. Why has that been left out? I would like to hear an answer to that question, because it is absolutely incomprehensible. Across England, communities are coming together to take ownership of land and buildings not just to save a pub or run a shop but to protect and improve green space, reduce pollution, grow food locally and make neighbourhoods healthier. Planning law, national policy and development frameworks all work on a simple, widely accepted principle that social, economic and environmental goals belong together, yet assets of community value remain stuck with a narrower definition that no longer reflects that reality.

The Government’s response so far has been to say that environmental benefits will be dealt with through statutory guidance, but guidance is not the same as law. When communities are trying to raise finance, persuade landowners or make a credible case to a local authority, being able to point to a clear statutory definition can really matter. Plus, leaving environmental interests outside the legal framework will weaken communities’ hands at precisely the moment we should be strengthening them. We know this from practice.

In Scotland, communities have successfully used a sustainable development approach to acquire land and assets by demonstrating combined social, economic and environmental benefits. A recent example is the Poets’ Neuk project in St Andrews, where the environmental case was integral to the community’s success. Without it, the project would have been far harder to justify. It is also important to be clear about what these amendments are not doing. They will not create a new or separate category of assets. They recognise that environmental outcomes are already part of what communities are trying to achieve when they take ownership, whether that is retrofitting a community centre, restoring a neglected green space or supporting community food growing in both urban and rural areas.

I should also say a word about Amendment 225, which comes from a similar place and reflects a shared concern about how environmental value is treated in the Bill. The noble Baroness, Lady Freeman, presented it clearly. I am concerned that there are some practical reasons why it would not quite achieve what many communities are looking for. As it stands, it would make a change in only one part of the legislation, which would leave the overall definition of assets of community value uneven and potentially confusing in practice. I very much hope that we can work together to perhaps agree a way forward that will satisfy us both. We need councils to exercise judgment, rather than apply a blanket rule that removes local discretion and narrows opportunities.

That is why these amendments take a different route. They would, however, bring environmental interests properly into legal definition, align assets of community value with established development principles, and reflect how communities work in practice, pursuing social, economic and environmental goals together. If this Bill is truly about devolution and community power, it should trust communities with that integrated approach. These amendments would help ensure the law supports rather than constrains the positive role that communities want to play. I urge the Government to support them.

Baroness Boycott Portrait Baroness Boycott (CB)
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My Lords, I will speak to Amendment 239. I support all the amendments that have just been talked about—it is vital that communities can buy land. However, I am, in a way, offering up a “get out of jail free” card to the Government with this amendment.

This time last week, we were standing here asking about allotments. I understand the Government’s and local authorities’ problems with allotments, in that once they are designated then they cannot be undone. I see that that can be problematic. In fact, in London, the only allotments that have been ripped up so far were for the Olympic park, so I know that they have a great status. However, if you go for growing spaces and meanwhile leases, all we are asking for in this amendment is that local authorities are able and willing to publish a list of the spaces available.

That is what we did when we ran the Capital Growth project in London. We achieved 200 acres of this city which are now growing vegetables, inspiring communities and holding people together. One of the many things that happened in the duration of the project was that it was used as a research base by City University to look at good routes to get the long-term unemployed back into work. It was found that community gardening hit the nail on the head in many different ways: it taught patience, because you cannot just put a seed in the ground and expect a result tomorrow; it taught how to have respect for other people; and it taught how to work in a group and in a community. Extraordinary results were found. We were praised by the police, local doctors and local communities. We set targets of 60 spaces per borough—and we made it.

It was very simple. A meanwhile lease, designed with the help of the London water board, meant that, after five years, the local authority could claim the space back if a builder wanted to put up a house. In fact, this rarely happened. What happened was that strange little corners and odd little spots, as has been seen with the Incredible Edible campaign all over Britain, suddenly became something important and respected, that put colour, life, community and cohesion back on to the world’s streets—basically, for no money, on behalf of the Government. It takes just a small effort, with an enormous return.

I have put this amendment forward so many times. It is about time for it, given the strength of all the other amendments and the strength of feeing we have heard from so many people from all around the House so many times. Why not? What has the Minister got against this?

Moved by
192: After Clause 56, insert the following new Clause—
“Duty to contribute to delivery of nature, clean air and climate targets(1) When exercising their functions, a strategic authority, mayor, or local authority must contribute to—(a) meeting the targets and carbon budgets set under Part 1 of the Climate Change Act 2008;(b) meeting the targets and interim targets set under Part 1 of the Environment Act 2021;(c) meeting the limit values set under Schedule 2 of the Air Quality Standards Regulations 2010;(d) the delivery of the programme for adaptation to climate change under section 58 of the Climate Change Act 2008. (2) A strategic authority, mayor or local authority must not make any decision that is incompatible with the duty described in subsection (1).(3) Within one year beginning on the day on which this Act is passed, the Secretary of State must publish guidance describing the contribution that each strategic authority should make toward meeting the targets listed in subsection (1).(4) Guidance under subsection (3) must include clear metrics and measurable terms for strategic authorities, mayors and local authorities to meet.”Member’s explanatory statement
This new clause requires strategic authorities, mayors, and local authorities to act in accordance with the statutory Climate Change Act and Environmental Act targets, carbon budgets, Air Quality Standards Regulations, and climate adaptation programme across their functions. The Secretary of State must publish guidance for defining authorities’ contributions towards these objectives.
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, in moving this amendment, I shall speak also to Amendments 193 and 194 in the name of my noble friend Lady Bennett of Manor Castle.

On potholes, in the past four days, I have been campaigning in Barnet, in Gorton and Denton—we are doing pretty well there—in Cardiff and in Cambridgeshire. Potholes came up quite a lot, which is interesting. They are dangerous and should be fixed but, at the same time, we often have potholes because of excess rainfall and a rise in water levels; of course, this is a result of climate change.

That segues neatly into Amendment 192, which would put a duty on strategic authorities, mayors and local authorities to contribute to the delivery of existing climate nature and clean air targets when exercising their functions. Air pollution, contaminated land, water pollution and climate-related risks do not fall evenly across society. They disproportionately affect those with the least power to avoid them—the poorest in our society. Strategic authorities making decisions on transport, housing, planning and economic development, therefore, have a direct influence on public health outcomes, whether or not that is explicitly acknowledged.

The purpose of this amendment is to ensure that decisions taken under the Bill are aligned with obligations that Parliament has already set in law. Climate targets, environmental targets and air quality limits are legal commitments. Strategic authorities will play a central role in determining whether those commitments are met. There is also a wider reason why this is important. Exposure to environmental harm is one of the most significant determinants of health and health inequality. The conditions in which people live—the air they breathe, the green space they can access and the pollution they are exposed to—shape health outcomes over a lifetime, yet environmental factors are often treated as secondary rather than being at the forefront.

The evidence here is overwhelming. The Chief Medical Officer’s annual report in 2022 highlighted the clear link between poor air quality and health inequalities, showing higher risks of hospital admission and mortality among those living in more deprived areas and, obviously, a reduction in the quality of life. Organisations such as Asthma + Lung UK have shown that people with lung conditions in the poorest neighbourhoods are far more likely to die prematurely than those in wealthier areas.

This amendment would bring clarity. It would require authorities to contribute to meeting carbon budgets under the Climate Change Act, environmental targets under the Environment Act, legally binding air quality limits and the national programme for climate adaptation. Subsection (2) of the proposed new clause would ensure that decisions incompatible with those duties could not be taken. That would provide legal certainty and embed prevention at the point decisions are made.

There is also a strong moral dimension. Recent legislative efforts such as Ella’s law and the work towards Zane’s law have helped shift how we understand environmental harm—not as an unfortunate by-product of development but as a threat to life, dignity and equality. Those cases remind us that environmental pollution can and does kill and that public bodies have a responsibility to act before harm occurs, not after. Many local authorities recognise this and are trying to align their policies accordingly. This amendment would support them by ensuring consistency across England, particularly as new devolved structures are created with significant powers.

If devolution is to succeed, it must strengthen our ability to meet national climate, nature and clean air commitments. I hope the Minister will engage constructively with the intent of the amendment and will be able to explain how the Government intend to ensure that strategic authorities actively contribute to the delivery of these vital environmental and public health concerns.

The purpose of Amendment 193 is to ensure that, in exercising their new powers, strategic authorities have a clear and transparent understanding of poverty within their areas. If these bodies are to promote economic development and growth, they must also be equipped to understand how that growth is experienced and who is being left behind. At present, the Bill places significant responsibilities on strategic authorities without requiring them to measure one of the most fundamental issues affecting their communities. Without published data on poverty it becomes difficult to assess whether policies are effective or whether they are unintentionally deepening existing inequalities.

The amendment would require strategic authorities to collect and publish annual data on poverty, broken down by factors such as age, gender, housing status, education and ethnicity. Poverty is not experienced evenly, and aggregate figures can obscure patterns of disadvantage that require targeted responses. This approach aligns closely with the intent of the socioeconomic duty in the Equality Act 2010, which requires public authorities to consider how their decisions affect inequalities of outcome resulting from socioeconomic disadvantage. That duty has yet to be commenced in England, but many public bodies are already preparing for it. This amendment would help to ensure that new strategic authorities are established with those principles embedded from the outset.

There is a strong case for this sort of systematic approach. Rising child poverty, increased reliance on food banks and the clear links between deprivation and poor health outcomes all point to the need for better data and stronger accountability. Publishing this information annually would allow progress to be tracked over time and enable communities and elected representatives to hold authorities to account.

The amendment would not impose targets or dictate policy choices; it would establish a baseline of information and transparency, while leaving strategic authorities with full discretion over how they respond. Many local authorities already collect similar data. This would simply ensure consistency and visibility across England. As new devolved structures are created, this Bill has an opportunity to set expectations of what good strategic leadership looks like; ensuring that poverty is measured, understood and addressed should be central to that. I hope that the Minister will engage with the purpose of the amendment and will be able to say how the Government intend to ensure that strategic authorities are prepared to tackle poverty and inequality from day one.

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For these reasons, I ask the noble Baroness to withdraw the amendment.
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I thank all noble Lords who have spoken. I am sorry that I did not mention Amendment 241B but, yes, I would support it if my amendment were not accepted.

On the duty to think about climate change and so on, the Minister asked what extra the duty would add to current systems. However, there will of course be councils that will not want to do it, as somebody else said—I think it was the noble Baroness, Lady Willis—so putting a duty on them is absolutely crucial for taking forward this whole agenda.

I did not really hear a good answer about collecting data on poverty. Surely, that would be fundamental to any Labour Government—that they should know exactly how large the problem is. We get all sorts of data, reports and figures, but on a local level this would be a fantastic resource to direct, support and help.

On community wealth, the noble Lord, Lord Jamieson, said that there were other systems. The point about this proposal is that it is tested and it works. I live in a local village where we do not have this—but we have a chalk figure on a hill overlooking the village that is so astonishing that we get hordes of tourists, which keeps open three pubs in a village of 800 people, and a shop that opens every day of the year apart from Christmas Day. All those people coming in can keep the local economy booming for local people. I go to all three pubs, obviously.

On the issue of air pollution, it is an interesting topic. London’s air pollution is not very bad anymore; it is one of the cleanest cities, if not the cleanest, in Britain. The reason for that is down to two very bold moves. First, Ken Livingstone introduced the congestion charge, and at the point when it was introduced he said that only two groups supported it—big business and the Greens. Big business understood about keeping things moving in a small area. The City of London made big steps, before even the Mayor of London did, to clean up its air quality. Again, it understood that you had to keep business moving and keep people moving.

Both the Mayor of London and the City of London also understood that air quality impacted very deeply on the people living here. It is obvious, when you look at the statistics in London, that people who live near the M25 live in poorer properties with less access to green space and suffer much worse from air pollution than people living in the inner city. Of course, children who grow up there are damaged for life: their lungs are stunted and they have problems all through their lives, putting pressure on the NHS. These things are all related. It is important not to see those things in isolation; we should see them as a flow that helps life generally.

I am going to withdraw the amendment, although I think it is great. I am sure that something like these amendments will be back on Report. I beg leave to withdraw the amendment.

Amendment 192 withdrawn.

Fair Funding Review

Baroness Jones of Moulsecoomb Excerpts
Monday 24th November 2025

(2 months, 3 weeks ago)

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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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The first thing we did was restore the mandatory housing targets because, first, it did not make any sense to us. We wanted to deliver an overall target across the country but we were not saying what part in that each local authority played. Secondly, we know there are a lot of pressures facing local planning authorities. We have invested £46 million in this year’s funding to strengthen the capacity and capability to deliver planning reform to enable local authorities to meet their housing targets. We have made a commitment to recruit 300 additional planners, alongside wider planning policy changes—we will be discussing these later this afternoon—and legislative changes. That will help us deliver the housing and economic growth our country desperately needs.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, my experience as a councillor was that builders and developers would often promise a percentage of social or affordable housing within their building projects and then somehow fail to do that. Are there enough penalties for builders who do that?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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We continue to explore this. It is very important that local authorities are able to set in their local plans the targets that they think are appropriate for their local areas. We will continue to explore with local authorities, particularly as we roll out the funding for social and affordable housing, whether there is any more we need to do to make sure that housing is delivered to the targets that each local authority has set itself.

Planning and Infrastructure Bill

Baroness Jones of Moulsecoomb Excerpts
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I rise to support very strongly Motion H1 in the name of the right reverend Prelate the Bishop of Norwich. I have two concerns about the Government’s response. The first is the issue of protection. That is not present at the moment; it is severely lacking. I have visited chalk streams and seen streams that are probably beyond recovery. It is still happening, so there is a real need for urgency to protect the rest of what we have, and perhaps to instigate measures to recover them.

Secondly, the Minister mentioned two organisations that, in my view as a Green, have been largely discredited in their protection of the environment: Natural England and the Environment Agency. Somehow, neither of them actually does what it is meant to do, and certainly not within the parameters of what one would expect. This is urgent: you cannot just keep leaving it to consultation and finding out more facts and details—it has to happen.

Baroness Grender Portrait Baroness Grender (LD)
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My Lords, I thank the Minister for the considerable amount of time she has given to so many of us in these discussions, particularly on Motions H1 and K1 in this group.

First, on K1—this is the wrong order, but I am going to do it that way anyway—I particularly welcome this new and additional commitment from the Dispatch Box to concentrating on nutrient pollution. That is a very welcome development today, and I support the noble Baroness, Lady Willis, in her response to that.

With regard to H1, sadly, we feel there is still progress to be made. The Minister will be aware that the right reverend Prelate the Bishop of Norwich has looked at and reflected on the criticism made in the House of Commons of spatial development strategies and their use, and has therefore provided us with an amendment this evening which uses guidance, backed by regulation. We believe that this approach is technically right and that it is possible to do this.

The second point is about time being of the essence. The Minister expressed frustration at the pace at which protection of chalk streams was moving under the previous Government. We are very much at the 11th hour, and time is so precious that embedding something in this legislation, even now, rather than waiting for a White Paper or a Bill next year—goodness knows how long that will take—is the very kernel of the argument for pressing the House of Commons to think again.

We are here in numbers. If the right reverend Prelate decides to test the opinion of the House, I hope that the Conservative Benches will join with us and the Cross Benches and express a strong opinion on this.

Water and Sewerage Companies: Statutory Consultees

Baroness Jones of Moulsecoomb Excerpts
Thursday 20th November 2025

(2 months, 3 weeks ago)

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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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That too is probably a question for my Defra colleagues to answer, but I will come back to the noble Baroness with a written response.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, we are seeing more erratic weather patterns and some increasingly severe floods. Is the plan for sustainable drainage systems speeding up? Will we see that in the water White Paper?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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The recent issues in Monmouthshire—we are terribly sorry for the people there; they have had a dreadful time over the past few days—make us even more determined to support the delivery of high-quality sustainable drainage systems to help us manage flood risk and adapt to the effects of climate change. National planning policy therefore makes it very clear that developments of all sizes are expected to make use of sustainable drainage techniques where the development could have drainage impacts. I have seen some fantastic examples of that when visiting housing sites around the country. Not only can it be done, but in a way that enhances the environment for local residents. We are considering what further changes need to be made to planning policy.

Lord Markham Portrait Lord Markham (Con)
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I speak to my Amendment 132 and fully support the intention of the noble Baroness, Lady Willis, which is trying not to add another layer to what we would all hope would be a streamlined process. With my amendment, I am trying to make a very simple point on proportionality: where there is an environmental assessment, there should be some sort of indication on how reasonable the cost within it is.

We all know about the very famous £100 million High Speed 2 bat tunnel story. What we do not know is the cost per bat saved. As a former Health Minister, I am very familiar with being asked these questions in the health space all the time: which medicines should we approve? We have a process for this called NICE. It very explicitly puts the value of a human life at somewhere between £20,000 to £30,000 per year in terms of a quality adjusted life year. It will approve medicines if they cost less than that and will explicitly say that we cannot afford a medicine on the NHS if it is above that. It explicitly puts a value on a year of a human’s life, which leads to difficult discussions, conversations and analysis. You end up saying to people that, unfortunately, the state will not pay for a type of medicine even though it might be life-saving. We have put a value on a human life in that and we have made that open to public debate.

We should have a similar reference point when talking about the environmental impact of the life of a bat or some other species, with reference to the value that we put on a human life. I am interested in the Minister’s views on what we can learn from the NICE debate in terms of proportionality, to make sure that we are not valuing the life of a bat, say, much more highly than the life of a human.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I support Amendment 130 in the name of the noble Baroness, Lady Willis of Summertown. It is supported by those champions of nature, the noble Lord, Lord Roborough, and the noble Baronesses, Lady Young and Lady Grender. I only wish I could have signed it myself.

I am not particularly interested in making things easier for developers—streamlining their processes is not my primary aim—but I strongly agree with the issues listed in Amendment 130: nutrient neutrality, water quality, water resource and air quality. Humans need these things for health. All our concerns about Part 3 have been supported by quite a lot of organisations, such as the Wildlife and Countryside Link, the Chartered Institute of Ecology and Environmental Management, the Bat Conservation Trust, the Better Planning Coalition, the Wildlife Trusts and the Royal Society, which have all raised concerns just as we in your Lordships’ House have done.

Our concerns and our amendments to Part 3 are a demonstration of how much we do not trust this Government to care about the countryside, nature, wildlife and human well-being. I trusted some in the previous Government to protect the countryside because they owned so much of it—they probably had its interests at heart and in their wallets—but many in this Government clearly prefer bulldozers to bats and beavers. To me, that immediately signals that we have a problem with this Government. Labour has been disappointing on nature, the environment and climate change. It occasionally talks about those things but does not understand them, and that is a source of real anxiety to me.

I have no trust in this Government doing the right thing to protect nature. They are opposing a series of very moderate, sensible suggestions to make our planning system more nature friendly. When I say that, I mean human friendly as well. We are nothing without nature—we need it very badly—but Labour has rejected the most minor of measures, for example over swift bricks in new buildings. It has said no to the most basic protections for our precious and rare chalk streams and fails to do the most obvious things, such as stopping developers attaching new buildings to already overloaded sewage systems.

If the noble Baroness, Lady Willis, decides to put this amendment to a vote, we on the Green Benches will support her very strongly.

Earl of Caithness Portrait The Earl of Caithness (Con)
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My Lords, I put my name to Amendment 122 in the name of my noble friend Lord Roborough, because it is important that guidance is issued to Natural England on a number of issues that are going to be relevant. I am particularly keen on proposed new subsection (6)(d) on

“the need to define the proposed conservation measures relating to an EDP during a pre consultation period and to seek expressions of interest from appropriate persons or bodies to deliver them”.

It is hugely important that the private sector is involved. I hear good words from Natural England about getting on with farmers and trying to work with the private sector. The results are absolutely appalling when you look at them, and the private sector is very fed up with Natural England. This rather echoes the point made by the noble Baroness, Lady Jones of Moulsecoomb, who said that those of us who are keen on preserving and improving the countryside and biodiversity are very disappointed with how the Labour Government have behaved. It comes in stark contrast to what they said a few months ago when they were in opposition, which is where they will be again in a few years’ time; then they will be back in favour of the countryside.

I like Amendment 130 in the name of the noble Baroness, Lady Willis, very much. I hope that she will press it.

Lord Roborough Portrait Lord Roborough (Con)
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My Lords, I shall speak to Amendments 131 and my other amendments in this group. Amendments 131, 137, 151 and 152 seek reassurance that Natural England will use the best available evidence when developing and approving EDPs, and that that will be confirmed by the Secretary of State. The reason for these amendments is that this has not always been clearly the case. That in turn is evidenced by the revised heather burning regulations that we will be debating tomorrow.

Amendment 156 would require that Natural England report each year on the performance of each EDP in that year. The Minister did not reassure the House in Committee that the reporting requirements for the nature restoration fund or individual EDPs were satisfactory. I am sure that each EDP will be reporting its performance internally annually. Can the Minister confirm that and, if so, why is there a reluctance to share that with the public?

Amendment 157 seeks to require the impact on the local community and economy to be assessed and reported on. In some of the more remote parts of our country we have seen rewilding schemes and similar undertaken which have undermined local economies and created distrust within local communities. It is critically important that there is this level of engagement with local communities. Requiring that ensures that their views are taken fully into account.

I hope the Minister can provide some reassurance here. Amendment 174 makes a simple substitution of “must” for “may”. Why would Natural England not be required to publish these conservation measures? Do we really think it will publish if doing so is merely voluntary? I hope the Government have made progress in addressing these concerns since Committee. I beg to move.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, it is absolutely pointless voting for this, because Natural England cannot do the job it has at the moment. Unless it is better resourced and has better structure, it is completely pointless giving it any more jobs. However, I stand here in the throes of two very strong emotions. I signed 38 Conservative amendments—I have never done anything like that before. I committed to something that I thought that the Conservatives were going to do, and they did not do it. They let us all down: they decided not to try to take out Part 3. That is shameful. If you are in opposition, why do you not oppose? What they have just done is playing politics. This is why politicians have such a bad reputation.

My second emotion is fury, which I normally mostly reserve for the Government. Part 3 absolutely stinks, and there should be no effort to get it through this House. It is a terrible piece of legislation. It completely ignores the fact that we need nature. We depend on nature, and the Labour Government are so eco-ignorant that they completely avoid the plot.

Going back to the Conservatives, they are not to be trusted. If they cannot oppose the Government when they know the Government are wrong, why on earth are they sitting here? Why are they bothering? There are some noble Lords on this side—I use the word “noble” advisedly—who, if I had moved Amendment 123, having cosigned it, would have supported me. I am very touched by that, and I thank them. However, we are allowing these amendments to go through. We are trying to improve them, but it is like putting lipstick on a lamppost. I am not going to say “pig”—I like pigs. It is like trying to tart up something that does not need it because it should be thrown out. I ask noble Lords not to vote for this and not to trust the Tories on any amendment they put forward from now on. They are playing politics. They are not trying to do their best for Britain: they are just thinking about themselves.

Lord Cromwell Portrait Lord Cromwell (CB)
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My Lords, that was great fun. I hope the noble Baroness feels better for her confession of how many Conservative amendments she signed. It is a surprise to us all, I am sure.

I take a slightly different view. I do not know why we did not vote on Amendment 123; I wish we had, because I certainly would have supported it. I support all these attempts to improve the Bill. Why? Because the Government say that we should follow the science. They make great play of the evidence that should be underpinning all these EDPs. The amendments in this group, essentially, are about providing proper evidence, and surely that is not controversial. The best evidence is frequently referred to and proper reporting is required. I cannot understand why anybody would be against any of that.

I agree that Part 3 is a disaster, but we are trying to improve it. I do not know about lipstick on a lamp-post: I think we are just trying to improve it a bit, given what we have been given. I support these amendments, for what they are worth, and I think that castigating the Opposition does not really help greatly. They are trying as hard as they can to improve this.

Lord Lansley Portrait Lord Lansley (Con)
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May I just say—not least to the noble Baroness, Lady Jones—that, as it happens, I support the view that it would be wrong to take out Part 3 at this stage? I say that for procedural reasons. If we took out Part 3, in effect, we would send it back to the other place without Part 3 in it and it would reinstate it. I fail to see at what point we would be able to do all the things that we have just been talking about and will go on to talk about, which is to revise Part 3 so that we can do our job, which is to take all the most harmful aspects of Part 3 out and put improvements in.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I am so sorry—I do not know whether I am allowed to shout at the noble Lord again. What are they revising? Tell me what they are revising. They are not revising anything: they are intransigent. They refuse to listen, so why are we even trying?

Baroness Coffey Portrait Baroness Coffey (Con)
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My Lords, I understand what the noble Baroness is saying and I think Part 3 is so devastating, but I am not going to do a Second Reading speech, because I was pretty critical then. In respect of the amendments here, I particularly like Amendment 174. I also support the amendments on annual reporting.

On the best available scientific evidence, I think it is just worth considering this. I agree entirely that we have to have the scientific evidence, but one of the issues that Natural England has regularly been criticised for in terms of development is, for example, offshore wind farms. The Government are very clear they believe they are absolutely vital in terms of achieving net zero or, indeed, decarbonising electricity by 2030. It is the situation, however, that developers are then asked to do at least two seasons of what impact there will be on birds, and elements like that. One of the key reasons why so many projects get delayed is the extent of the evidence required in order to satisfy the decisions.

Having been a Secretary of State for Defra, and in charge of the R&D budget, I can assure noble Lords the House that every scientist will keep saying, “There’s a gap in the evidence” when they want more money. I am not complaining about that, but we need to make sure that we have appropriate evidence. We should not ignore the science, but to continue to try to say “the best available” means we could be here for a very long time. That may be the benefit that some people wish to achieve, but, while we definitely need proper scientific evidence, we have to balance what is ever going to be the best available.

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Lord Moylan Portrait Lord Moylan (Con)
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My Lords, I support my noble friend Lord Goldsmith of Richmond Park. It is a difficult thing to do in the wake of the very learned speech by the noble Lord, Lord Krebs, but there are sometimes occasions when things do not work in theory but work in practice. In Gibraltar, where a similar measure has been introduced, the population of swifts has stabilised, as I understand it. In the Duchy of Cornwall estate, where this requirement is made of builders, the occupancy rate of the cavities created by the swift bricks is 97%, not in every case by swifts but by other cavity nesting birds.

While I perfectly accept that the noble Lord, Lord Krebs, may be right—possibly there is something in the atmosphere in Oxford, I do not know—at the cost of the measure, as the noble Lord, Lord Empey, said, it is worth an experiment and going ahead and making this requirement. I do not think it will happen, despite the good will of the builders, unless it is passed into law.

I am always against new and excessive regulation, but there are good and bad regulations. Good regulations impose a very small burden on economic actors and have a direct outcome that is intimately and obviously related to the regulatory measure. Of course, bad regulations tend to impose very high burdens and produce all sorts of unintended consequences. Granted, this measure may not produce the intended consequence to the full degree hoped for, but it is very hard to see what poor unintended consequences it could have, and the cost of introducing it would be very small.

Think, for those houses where it works, of the sheer joy of the children of those households in being able to look out of the window and see swifts not only nesting but flying to and fro, maybe even catching those insects in full sight of their bedrooms. It is a very pleasing thought. We should all support this, rally round and make the leap of faith that may be required but is fully justified in this case.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I did say not to trust any more amendments from this side, but this is one I will vote for if the noble Lord puts it to the House. It is worth repeating that there is no downside. Secondly, there are eight species that use these swift bricks, four of which are red-listed. So this is a much bigger issue than swifts—sorry to the noble Lord, Lord Goldsmith. It is for our native birds, and we should keep that in mind when we vote.

Baroness Coffey Portrait Baroness Coffey (Con)
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My Lords, I support Amendment 138 tabled by my noble friend Lord Roborough. Non-native invasive species are one of the top five pressures on biodiversity. It is extraordinary that despite there being a variety of government strategies under way, there is still, frankly, a lack of stuff really getting done. It is vital that as and when—or if—these EDPs get created, this must be tackled.

I recommend that the noble Lord, Lord Cromwell, speak to the Senior Deputy Speaker. The noble Lord, Lord Gardiner of Kimble, when he was a Defra Minister, was obsessed by biosecurity and tackling these invasive species. He used to pull up not the Japanese one but the balsam stuff—

Planning and Infrastructure Bill

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Baroness Grey-Thompson Portrait Baroness Grey-Thompson (CB)
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My Lords, I support Amendment 107 in the name of the noble Lord, Lord Addington. I declare that I am chair of Sport Wales and president of the Local Government Association. The noble Lord, Lord Addington, talked about those who volunteer for sports clubs. It is a tough job, but people do it because they know the impact that it has on people’s lives. It is a very sensible amendment.

We have to accept that we are living in an inactivity crisis. The World Health Organization has said that a third of adults worldwide do not reach the necessary levels of physical activity. Slightly closer to home, the Sport England active survey from last year shows, specifically around young people, that while the levels of participation are stable, without significant and sustained action we are going to hit a much bigger physical activity crisis.

Currently, between 5% and 6% of children have difficulty with movement skills, which impacts their ability to engage in physical activity. About 80% of women in this country are not fit enough to be healthy, which should raise a number of red flags. Playing fields are just part of the jigsaw of physical inactivity and how we should try to tackle it. We have to do everything we can to protect what we have. We also have to understand that we are in a cost of living crisis. Some sport participation has got much harder to be involved in. For a lot of people, this is a really cheap and easy solution for them to be active. If the noble Lord decides to take this to a Division, I will support him.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I will speak to my Amendment 118. I am slightly at a loss, because I expected the Conservative Front Bench to do a blinding speech on Amendment 96, to which my amendment is more or less similar. Obviously, I think mine is better because I mention biodiversity, reuse and such things, but I suspect that my amendment, which I had hoped to put to a vote, probably would not beat the Conservative Amendment 96. Both amendments are supported by the Better Planning Coalition as an obvious step forward on improving what we have already.

While I am on my feet, I will just say that I refute the concept of a grey belt. A grey belt is green belt that has been left to rot, and we should be recovering that grey belt and making it green belt again. The green belt is absolutely necessary for our health, as other noble Lords have said.

We need to protect the well-being of land, ecosystems, people, towns and villages, and we really have to remember that this is something—including farmland—that we rely on for ourselves. I am hearing from farmers all over the country that they are losing good farming land. Given climate change, we could potentially face some huge challenges in feeding ourselves, and the loss of farmland will be a disaster. I think my Amendment 118 is a great amendment, but I am prepared not to put it to a vote if Amendment 96 is moved.

Lord Roborough Portrait Lord Roborough (Con)
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My Lords, I will speak briefly to my Amendments 95 and 98. I am very grateful to the noble Baroness, Lady Jones of Moulsecoomb, for her support for the protection of good agricultural land. Amendment 95 is a broader application of the principle that was debated and rejected by Government and Liberal Democrat Benches in this House last week. We on these Benches believe that food security is national security and, unlike for this Government, these are not empty words: we intend to put that into practice.

We remain concerned that the principle of protecting the best and most versatile land—grades 1, 2 and 3A—appears to be trampled at will, for not just solar farms under NSIP but other developments. We must do better. This land is responsible for supplying the lowest-cost, highest-quality food produced in our country and is far more productive than weaker grades of land. Building without due consideration on the land that we need to feed us is, frankly, short-sighted.

Amendment 98 asks the Government to report annually on how much of our land is being converted from agriculture to tarmac, steel, photovoltaic panels and concrete, and provides the basis for a more informed national debate on how we treat our productive land. I will not test the will of the House on these amendments. However, I would be most grateful to receive an assurance from the Minister that the Government take this issue as seriously as they should. This was not entirely clear from the response to the debate on solar farms and BMV last week.

I also support of the concept of Amendment 88, tabled by the noble Baroness, Lady Willis. Well-planned development needs to take into consideration access to green and blue open space, but also how this space can contribute to nature connectivity.

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Moved by
86: After Clause 51, insert the following new Clause—
“Promotion of distributed water supply(1) When exercising functions under this Act in relation to planning applications, local planning authorities must have regard to how a proposed development could implement distributed water infrastructures and technologies for development-scale water reuse.(2) When discharging the duty in subsection (1), planning authorities must seek to secure, where viable and appropriate, the incorporation of —(a) distributed water storage solutions for individual buildings, and (b) shared water storage infrastructure at community and development scale,into developments seeking planning permission.(3) The water storage technology in section (2) includes but is not limited to—(a) distributed schemes for local storage and supply of rainwater and surface water,(b) rainwater harvesting of the largest sizes possible relative to building size, occupancy, and current and projected future water consumption,(c) greywater and blackwater recycling, and(d) water storage systems operated, co-managed or co-owned by local communities.”Member's explanatory statement
This amendment, requires planning authorities to support the inclusion of distributed and alternative water storage infrastructure projects in developments. This is to ensure the sustainable harvesting, use, or distribution of fit-for-purpose water by residents, communities, government services, and private businesses to reduce additional demand on catchment water resources and mitigate flood risk and water pollution.
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, this amendment was debated last week, but I would like to remind the House what it was about. Basically, it is about not losing—[Interruption.] Am I not allowed to say that? The Whip is shaking his head at me. I will rattle on until he stands up and shouts. In essence, this is about the recovery of storm-water, surface water and flood-water that otherwise rushes into our systems and is then totally gone. What we could do is catch that water and use it—instead of using extremely expensive tap-water—to wash cars, fill up paddling pools and so on.

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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I say to the noble Baroness that we debated this amendment last week. The Front Bench does not have the right of reply at this stage. We ask her whether she is pushing the amendment to a vote or withdrawing.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I thank the noble Lord the Whip. I would like to test the opinion of the House on this incredibly important issue.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I speak in place of my noble friend Lady Bennett of Manor Castle. She is unable to be here today as she is hosting something that was set up months ago. As a former archaeologist, I am so annoyed by the Government’s attempt to do this. In fact, I have to warn noble Lords that I am going to be annoyed all day, because some of this Bill is absolutely appalling. I therefore very much support Amendment 48. I do not know whether we will vote on it, but I will certainly be there in the Content Lobby if we do.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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My Lords, I tabled my Amendment 50 before the Government tabled their own Amendment 49 in this group. Both seek, as the noble Baroness, Lady Pinnock, said, to leave out Clause 41. It is fair to say that that was the part of the Bill that caused the most concern among heritage groups. We heard in Committee about the concerns raised by bodies including the National Trust, the Heritage Alliance and the Government’s own heritage adviser, Historic England. I am pleased to say that the noble Lord, Lord Hendy of Richmond Hill, who responded to the debate in Committee and is a man who cares about both our heritage and innovation, very sensibly listened to that chorus of disapproval and undertook to look at this matter again in discussion with other Ministers.

I was therefore very pleased when I saw the government amendment that the noble Baroness, Lady Taylor of Stevenage, has tabled in this group, which responds to the concerns raised in Committee, both in this House and in another place, and in the representations made by heritage bodies. I also welcome the fact that she and the Heritage Minister, the noble Baroness, Lady Twycross, have met heritage groups directly to discuss this and other aspects of the Bill. That is very welcome, and I understand that it is the first of a number of round tables that they will hold on this issue.

Heritage and the construction of new infrastructure are sometimes held up to be in competition, which of course they are not. As the noble Lord, Lord Hendy, knows, for instance, from his time as chairman of the Heritage Railway Association, a proper celebration of our past can help to inspire and drive the innovation of the future. As we heard in Committee, if development is done in a way that respects the past and the vernacular of local communities, it then has greater support from those communities and is a much speedier and more welcome thing.

Having seen the government amendment, I will not press my Amendment 50 here on Report. I am glad that the Government have listened to the concerns raised in these debates.

Housing: National Tenant Body

Baroness Jones of Moulsecoomb Excerpts
Thursday 10th July 2025

(7 months ago)

Lords Chamber
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Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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It is very good news from the Minister that she is aware of this, but it is obvious since Grenfell and other failures, and since the Renters’ Rights Bill, that this is absolutely necessary. Where is the sense of urgency to get this up and running? Is it simply a case of tenants’ organisations not having the money to convene a proper conference to make proper decisions about the way forward?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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I agree with the noble Baroness. Following the findings of the Grenfell inquiry, it is clear that the social housing system was not fit for purpose and that tenants were ignored. It is quite right that apologies were made, and those failings definitely contributed to the Grenfell tragedy. As the noble Baroness will be aware, we are delivering an extensive programme of reform to drive up standards in social housing through regulation and enforcement. We are about to bring Awaab’s law before the House, strengthening the tenant voice and improving access to redress. Those new standards put the tenant voice at their heart. My understanding is that the tenants themselves were very keen that this be both funded and driven by the sector itself. The Government are very keen to do whatever we can to assist with that.