York and North Yorkshire Combined Authority Order 2023

Baroness Penn Excerpts

Wednesday 13th December 2023 Grand Committee

Moved by

[Baroness Penn]

That the Grand Committee do consider the York and North Yorkshire Combined Authority Order 2023.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, the purpose of this order is to implement the devolution deal agreed between the Government and the councils of York and North Yorkshire on 1 August 2022. Since then we have been working closely with those councils on implementation, and on 3 November 2023 they consented to the making of this order.

This order, if approved, will establish the new York and North Yorkshire combined authority and the office of mayor for the area, with the first election to take place on 2 May 2024. The elected mayor will then take up office on 7 May, with a four-year term ending after the next mayoral election in May 2028. Thereafter, there will be elections every fourth year, to be held on the ordinary election day for that year—that is, on the first Thursday in May. Following the enactment of the Elections Act 2022, these mayoral elections will be on a first past the post basis.

The mayor will be chair of the York and North Yorkshire combined authority, which comprises as constituent councils the city of York and North Yorkshire. The combined authority will be established on the day after the order is made, subject to parliamentary approval, which is likely to be before the end of the year. Until the elected mayor takes office there will be an interim chair of the combined authority. The combined authority will appoint one of its members as the interim chair.

The order also transfers police, fire and crime commissioner functions for North Yorkshire to the combined authority, to be exercised by the mayor. Additionally, the mayor and the combined authority will be conferred a range of other significant powers agreed in the devolution deal. These include a concurrent power with Homes England, powers on regeneration and transport, and powers for establishing mayoral development corporations. Education and skills functions, along with the devolution of the adult education budget, will be conferred on the combined authority at a later date, as agreed with the area. This is with a view to the area being responsible for skills and adult education from the academic year 2025-26. This is subject to the area meeting the readiness conditions and parliamentary approval of the secondary legislation conferring these functions.

The order also contains detail on the governance arrangements of the new combined authority, to reflect these powers and the role of the mayor. Each constituent council will have two members on the combined authority, one of these members being appointed by the mayor as deputy mayor. The mayor will also appoint a deputy mayor for policing and crime, who may be any person the mayor considers appropriate.

These governance arrangements include that the PFCC functions and certain other functions—including, for example, the power to designate a mayoral development area or to draw up local transport plans and strategies—are to be exercised by the mayor personally. The mayor may also delegate the exercise of these functions to another member or officer of the authority, with particular specified arrangements for the PFCC functions.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I remind the Committee of my interests as a serving councillor at both county and district level. I am also a vice-president of the Local Government Association.

As a councillor for almost 27 years, a former leader of my council for 16 years, one of the instigators of the Hertfordshire Growth Board and a local enterprise board member since its inception, I am a great believer both in the transformational powers of local government and in far deeper and broader devolution. I see this, as does my party, as the quickest and most effective way of creating economic growth tailored to local circumstances, as well as of providing the levers of economic, social and environmental well-being where they can best be deployed flexibly, speedily and to the greatest benefit of the area concerned.

So, as a passionate advocate of devolution, it would be churlish of me not to welcome an agreement between York, North Yorkshire and the Government where all believe that it is in their interests. If I needed further convincing, it was pleasing to see that one of my local government colleagues—Councillor Mark Crane, the leader of Selby, who had always been deeply sceptical of such a deal for North Yorkshire—now welcomes the proposals; I am pleased to see that. I thank all the leaders and officials from that area who have done so much work to get this deal over the line. My comments concern the principles, with some specific questions about this deal, and are not intended to intervene in this two-year-long process between the councils in York and North Yorkshire, the people whom they represent and the Government.

We have seen highly effective outcomes from devolution in Greater Manchester—with which I worked extensively as part of the Co-operative Councils’ Innovation Network—and in West and South Yorkshire, but no one could argue that the progress of devolution has not been slower than a snail’s pace. It remains fragmented, patchy and piecemeal, with large areas of the country not subject to deals at all, even where they have worked carefully to draw together political, business and social partnerships, because they have clearly not passed the mysterious and indeterminate tests set by the Government. I cite Hertfordshire as an example here. I was very pleased to hear the Minister in the other place reiterate yesterday that a mayor is not the right solution for everybody, but it seems that, if your proposal does not include one, you are far less likely to shimmy under that government bar.

We would like to see a presumption in favour of handing back powers to our towns, cities and communities, with everywhere having the powers and flexibility to turbocharge the growth that works for their area and to attract investment, with the ability to negotiate longer-term finance settlements from government. That would give every area the ability to be ambitious for their residents and businesses and to deliver the real changes on the ground to deliver that ambition.

Too many areas are held back by our antiquated, struggling and definitely not fit for purpose local government funding system. It has been further weakened by years of cuts, use of outdated data that is out of touch with changes in local areas and, more recently, the further blow to finances caused by runaway inflation following the mini-Budget just over a year ago. To authorities in such straitened financial times, a devolution deal can bring some much-needed financial relief, so it is perhaps not surprising that local leaders are tempted. However, we need to see this in context. The York and North Yorkshire deal, for example, apparently equates to £20 per resident of the region per year over the term of the 30-year deal—incidentally, that is more than West Yorkshire but less than Liverpool, the Tees Valley and South Yorkshire, so I hope that local government colleagues working on deals are tough negotiators.

However, IPPR North tells us that the north of England has seen a £413 reduction per person in average annual council spending in each year between 2009-10 and 2019-20, so the deal does not come close to the losses that communities in the north have experienced due to austerity. Does the Minister see this as such a marvellous deal in that context? Is it envisaged that further money might be on the table as plans for the area develop? That was a bit ambiguous in the SI, so I am interested to know whether it is the case.

On the consultation process, I can see from the papers that extensive efforts were undertaken—which the noble Baroness, Lady Penn, went through—to elicit responses from the public on these areas, but does the Minister consider that just over 2,000 responses from a population of almost 1 million people represents a clear mandate? What work have the Government done with the Local Government Association on how we might improve these consultation processes in future? I appreciate that the structure of local government can be confusing, particularly in areas with two or three tiers of local government, but introducing changes of such magnitude on the basis of a mandate of just over 50% of such a tiny percentage of the local population surely suggests that we need more innovation in the consultation processes.

On general questions of governance, the Minister will be aware that we tried very hard to ensure that every place in the area would be represented on the combined authority during the levelling-up Bill, but that was not the outcome. Like the noble Baroness, Lady Pinnock, I remain concerned about so many powers being vested in one person. It has been the practice in mayoral authorities for mayors to appoint deputy mayors and for them not to be elected. This also applies to police commissioners. These are very important roles, so does appointment rather than election impact on accountability? This is especially the case if the mayor cannot fulfil their role, as it is then delegated to an unelected deputy mayor. Why do the Government consider appointment the best model here and, to go back to my earlier point, why do appointed deputy mayors enjoy a role on combined authorities which is denied to locally elected council leaders?

Have the Government given any thought, for example, to local public accounts committees to mirror their function in the other place? This would widen the scope of the police and crime commissioners, which, I agree with the noble Baroness, Lady Pinnock, have not proved terribly effective, and would provide joined-up accountability for the mayor.

We note that for this deal the adult education budget transfer is to come later than the introduction of the combined authority in May 2024. I appreciate that this has been agreed with the partners in this devolution deal, but with skills and training so essential to economic growth, why are they not an early priority for all devolution deals?

I have carefully read Part 5 of the order, which means the authority may introduce bus franchising if it chooses to do so. How would the Government, including the Department for Transport, support the combined authority if it chooses to exercise this power? Do the Government envisage any issues arising from the different transport roles of the mayor, the York and North Yorkshire Combined Authority and the constituent authorities in relation to local transport plans, bus partnerships and highways and traffic authority functions?

In July, the BBC reported that £1 million would be given to support the set up of the new combined authority in addition to £582,000 already spent. Can the Minister update the Committee on funding the direct cost of the combined authority after the inaugural mayoral election? That is not the money allocated for spend for the authority, but its direct set up cost.

In conclusion, we strongly support the principle of devolution to local areas and congratulate all local areas that have navigated the current complex system to get their deals over the line. We will certainly not be opposing a deal negotiated at local level, however we urge that the Government consider how they will accelerate the devolution process and how some of the questions that have come up under this deal and others are to be answered in future.

[Baroness Penn (Con)]

My Lords, I thank both noble Baronesses for their contributions. I will seek to address as many of their points as possible. First, it is worth recognising the in principle support for this deal and the process overall.

Like the noble Baroness, Lady Taylor, we recognise the work that has gone on among local councils, representatives and others in making this happen. To pick up the point about consultation, it is important to place that consultation in the context of the involvement of a great many people within the York and North Yorkshire area who are representatives of their communities and constituents. Given the diversity of the areas covered, the broad support for it among councils, MPs and others involved means the reach for how we have gone about agreeing the devolution deal process is not represented just by the consultation. However, I think we should always look at how we can better engage local areas and people as we go through this process of devolution, so we would always open-minded about how we can improve on that process.

I will address the other, broader point around the process of devolution about how far this deal goes in terms of delegation versus devolution and how much of the country benefits from either and should in future. We are absolutely committed to having every area that wants it benefitting from more devolved government. Since we set out our ambitions for this in the levelling up White Paper, we have moved at a faster pace than we would expect. I think that more than half of England’s population will be covered by a devolution deal.

We are also keen to reflect that devolution deals can work for rural areas as well as urban areas. The noble Baroness, Lady Pinnock, is right that this deal is in some ways a trailblazer for that. However, I do not think that that is a reason not to go ahead. If we want devolution to be available to every area of the country, we need to find the geographies and structures that work that mean that it can be extended.

The Government are going further: we have the two trailblazer areas of Greater Manchester and the West Midlands Combined Authority as regards moving towards that next stage, where you will get closer to a single settlement for the combined authority with much greater flexibility. Those are intended to be trailblazers for other areas that wish to go further in this process—so I think we agree on the direction of travel as regards those aspects of it as well.

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[Baroness Pinnock (LD)]

I am sorry to interrupt, but government Ministers continually say that above-inflation grants have been provided to local authorities in the last year or so. However, for those local authorities that have social care responsibilities, the social care precept is an additional burden on council tax payers. It is not exactly the case that more money has been provided; it has, but the Minister should give the addendum that part of it is provided by an additional burden on council tax payers. In my local authority, it costs council tax payers £200 extra a year to provide for the social care precept.

[Baroness Penn (Con)]

I absolutely acknowledge the point made by the noble Baroness. I think I referred to an increase in core spending power, and my understanding of that metric is that it reflects the government grant, the council tax and the additional social care precept. I did not refer only to the government grant. I am sure she will be well aware that additional grant funding has also gone into social care over the last two years to reflect additional pressures in that sector.

I was simply making the point that, since 2019, I believe, above-inflation increases to the core spending power of councils have been made available. The terms of the devolution deal and the money attached to it are as set out. The noble Baroness, Lady Taylor, asked about further funding. I will not speculate on that, but I point out to all noble Lords that the Government have made significant amounts of funding available for levelling up through the levelling up fund, the towns fund and the future high streets fund. We are working to simplify that funding landscape, but there is an ongoing commitment from this Government to make funding available for local economic development and regeneration. We have seen that in the significant amounts made available in recent years and the ongoing commitment from the Government in that area.

I am conscious that I have not addressed a couple of the questions, in particular on transport, which the noble Baroness, Lady Taylor, asked. If both noble Baronesses will forgive me, I will write to them with further details.

Motion agreed.

Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2023

Baroness Penn Excerpts

Tuesday 12th December 2023 Lords Chamber

Moved by

[Baroness Penn]

That the draft Regulations laid before the House on 23 October be approved.

Relevant document: 1st Report from the Secondary Legislation Scrutiny Committee

Motion agreed.

Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

Baroness Penn Excerpts

Tuesday 12th December 2023 Lords Chamber

Moved by

[Baroness Penn]

That the draft Regulations laid before the House on 23 October be approved.

Relevant document: 1st Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, in our manifesto, the Government committed to removing the 15-year limit on voting rights for overseas electors and we are delivering on that promise. Last year, Parliament passed the Elections Act, resolving to extend the franchise to all British citizens, including eligible Irish citizens, living overseas who were either previously registered to vote in the UK or were previously resident in the UK. The two statutory instruments we are debating flow from that Act.

If approved by Parliament, together, these instruments will make necessary changes, as well as improvements, to electoral registration processes across the UK from 16 January 2024 to coincide with the commencement of the franchise change. To ensure the registration processes are workable for applicants and for administrators, we have worked closely with delivery partners and stakeholders across the electoral sector and have engaged with representatives of British citizens overseas on the design of the process. We have created a process that ensures that our democracy remains secure, fair, modern and transparent.

I will start by outlining the changes these instruments make to the registration application process to enable overseas electors to apply, and to enable electoral registration officers in Great Britain and the chief electoral officer in Northern Ireland to determine their eligibility under these new criteria. These instruments ensure that there are robust processes to verify an applicant’s identity and establish their eligibility to register at their qualifying UK address.

The Elections Act 2022 established two conditions for registering to vote as an overseas elector. Going forward, an individual can apply under the previous registration condition or, if never registered, the previous residence condition. Applicants who have previously registered to vote in the UK should apply in respect of the address where they were last registered, under the previous registration condition. For the first time, applicants previously resident in the UK, but who never registered to vote, can apply in respect of the address where they were last resident, under the previous residence condition. Applicants will, as now, be required to complete a declaration as part of their application. These instruments update the declaration requirements to reflect the new eligibility criteria. When determining an application, electoral registration officers must check and be satisfied of the applicant’s identity and connection to their qualifying previous UK address.

To check the applicant’s identity, as now, the applicant’s national insurance number will be data-matched by DWP. Digital improvements mean that this process will be quicker than the current identity checks. Where an applicant cannot provide a national insurance number, or this cannot be matched, they will be able to provide documentary evidence. This new step, introduced by the instrument for Great Britain, brings the process into alignment with existing practice, maintains integrity and eases the administrative burden on applicants and administrators by reducing recourse to attestations. As now, an attestation from a qualified elector—that is, a statement from a UK-registered elector who is not a close relative—may be used to verify an applicant’s identity where verification by documentary evidence is not possible. To verify an applicant’s connection to their qualifying address, as now, in most cases, electoral registration officers will be able to rely on checks against previous electoral registers. Registers are typically held for 15 years, and we expect they will be retained for longer in future.

Where register checks are not possible, this instrument enables several ways to verify an applicant’s connection to their qualifying address. This includes a DWP data match, checks against local records where available and the power for a registration officer to request several types of documentary evidence, originating from reputable sources—such as the UK Government, local authorities and banks—from the applicant. We have considered stakeholder feedback on documentary evidence available to overseas applicants and have provided flexibility in these measures while ensuring they retain integrity. An attestation from a qualified elector can also be used for qualifying address verification where documentary evidence is not possible. This is in close alignment with the process for verifying the identity of both overseas and domestic electors.

I turn now to the renewal process and absent voting arrangements. Currently, to stay registered, an overseas elector must reapply every year. This instrument implements a new fixed-point renewal process, which enables overseas electors to remain registered for up to three years. In Great Britain, overseas electors’ absent vote arrangements will also be tied to the registration renewal process, meaning that an overseas elector will be able to renew their registration and their absent vote arrangement at the same time. These changes will benefit the elector. Enabling an elector to maintain their registration and absent vote in this way means that, when a parliamentary election is called, the elector’s absent vote can be issued without delay.

This improved process will also support administrators to maintain the accuracy of registers, minimise time-consuming processes and reduce their workload in the run-up to an election. Registered overseas electors will be able to renew their declaration within the last six months of their current registration period. The instruments will ensure that overseas electors are made aware in good time when they need to renew. Electoral registration officers will be required to send a first renewal reminder after 1 July during the year in which an elector’s current registration period is due to expire, with a second reminder to follow a reasonable time thereafter, enabling registration officers to manage the process alongside their other responsibilities.

The instrument applying to Northern Ireland does not amend absent voting arrangements, as electors registered in Northern Ireland are automatically entitled to use proxy votes as part of the existing process.

These instruments maintain the integrity of registration processes, ensuring that electoral registration officers continue to register applicants only when satisfied as to their eligibility. We are setting strengthened requirements for attestors and applying a new limit to the number of individuals an attestor can attest. Within an electoral year, an attestor may in future provide identity attestations only for a maximum of two individuals and, separately, address attestations for up to two individuals. We believe this to be a necessary and proportionate measure that maintains integrity while ensuring accessibility for overseas applicants who can now be attested by any UK-registered elector, not just an overseas elector.

In addition to the changes I have just outlined, these instruments make further improvements to the registration process, making it easier and quicker for eligible overseas applicants by enabling electronic submission of information, including copies of documentary evidence. In some cases, these can be provided at the point of application to speed up the process. Overseas electors registering in Great Britain are also now able to apply for a postal or proxy vote online, following the introduction of the new online application services on 31 October 2023.

We continue to work closely with the sector, including the Association of Electoral Administrators and the Electoral Commission, in preparation for implementation; we will provide funding for additional costs incurred in line with the new burdens doctrine. We are also working closely with the Electoral Commission, which has the statutory responsibility to promote democratic engagement. The commission is undertaking a targeted communications campaign both to engage with British citizens overseas and to promote awareness through their friends and families. My department will work alongside other government departments, including the Foreign, Commonwealth and Development Office, to facilitate the commission’s plans for awareness raising and to amplify its activity through government communication channels where value can be added.

I will address the regret amendment tabled by the noble Lord, Lord Khan of Burnley. The Government strongly disagree with the notion that the draft measures for consideration today will weaken the existing robust system of checks that surrounds all political donations. UK electoral law already sets out a robust regime of donations controls to ensure that only those with a legitimate interest in UK elections can make political donations. The rules are very clear: political parties and other campaigners are required by law to undertake all reasonable steps to verify the permissibility of a donation within 30 days of receiving it, and prior to its acceptance. Donations that do not meet the established permissibility tests must be returned and reported to the Electoral Commission. There are also already provisions that explicitly prohibit money being funnelled through permissible donors on behalf of impermissible donors.

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So we have a large list of questions that this SI does not answer. Clearly, after the election we need a full and cross-party examination of electoral law, of the role of the Electoral Commission and of the whole question of inclusion and exclusion in voting rights. It may indeed include some of the questions that the noble Lord there was raising. We on these Benches will support this regret amendment if it is pressed, because we are not convinced that the Government have thought this all through. It is quite evident that they have not and we are therefore led to conclude that concern for increasing large foreign donations to the Conservative party from people based in Dubai, Singapore and elsewhere without checks being made is one of the main motivators of pushing this change through so rapidly without thinking through the consequences. We will regret that, because it is a threat to the integrity of our democracy.

[Baroness Penn (Con)]

My Lords, I am grateful for the contribution of all noble Lords to this debate. The noble Lord, Lord Khan, started with some of the principles behind expanding the franchise to overseas electors. The noble Lord, Lord Harris of Haringey, also asked about that point. The statutory instruments implement changes made in the Elections Act and were debated substantially then—but it is worth touching on those points now.

Currently, around 1 million overseas UK nationals are eligible to register to vote, but only around 230,000 were registered in 2019. By that measure, they could be seen as the least enfranchised electors of any group. In terms of connections to the UK, British expats increasingly retain strong links with the United Kingdom. Many have family here or plan to return here in future. Decisions made by the UK Parliament on foreign policy, defence, immigration, as we have heard from the noble Lord, Lord Davies of Brixton, on pensions, trade or Brexit affect British citizens who live overseas, and that is why they should have the right to vote in parliamentary elections.

To those who say that it is politically motivated, as we have heard, I believe it is Lib Dem policy to support votes for life, albeit structured in a different way, to establish overseas voters into stand-alone overseas constituencies. It is the view of this Government that it would sever the connection to where the voters previously lived in the UK and create a two-tier system of MPs. So, it is in the interests of UK citizens resident in the UK to be balanced with those living overseas, and distributing electors on the basis of their previous local connection would ensure that.

As my noble friend Lord Lexden pointed out, Labour International also supports votes for life and has addressed some of the questions around this policy in its own words—in particular the point around whether overseas electors are tax exiles or non-doms. Labour International states that

“the vast majority of us are working age or younger and not tax exiles or rich non-doms. Those who are pensioners may have spent a lifetime paying into UK insurance and be dependent on UK pensions and healthcare funding”.

On the connection between paying tax and being eligible to vote, as a matter of principle taxation is not connected to enfranchisement in the UK. If a British citizen can vote for a political party at an election, they should be able to donate to that political party, subject to the transparency requirements on donations. Electoral law already allows registered British expatriates to vote in UK parliamentary elections and make donations. The Elections Act and these statutory instruments make no change to that principle. They merely amend the overseas franchise.

To expand further on the concerns raised by the noble Lords, Lord Khan and Lord Harris, about applicants potentially fraudulently choosing their constituency or registering in more than one location, as now, overseas electors will be entitled to register in respect of only one UK address. The Elections Act 2022 puts in place clear rules regarding where British citizens overseas may register. It must be the address at which they were last registered or, if they were never registered, last resident. As now, their connection to that address must be established before they are added to the register. Individuals applying in contravention of those rules will be providing false information and may have committed an offence. They will be penalised accordingly.

[Lord Anderson of Swansea (Lab)]

How will they be penalised? How can a sanction levied in this country be imposed abroad?

[Baroness Penn (Con)]

Well, as under the current system, all overseas applicants need to prove their identity and their verifiable connection to a UK address. A broad range of offences and penalties applies to persons seeking to register. If the applicant is not registering in compliance with those rules, an electoral registration officer who suspects fraud, for whatever reason, will ask them for further information and will not register the individual if they are not satisfied. So, there may be different routes to enforcement, but the key point here is whether people would be able to get on to the register using inaccurate or fraudulent data. That is what we have put protections in place to prevent. Registration officers are experienced in assessing evidence and, as I have said, as now, when they suspect fraud, they will have the power to ask for further information.

The noble Lord, Lord Khan, also asked about the process for using—

[Lord Wallace of Saltaire (LD)]

Has the Minister ever visited an electoral registration officer’s office? Does she realise how small the numbers of staff are? The idea that they can take on all these checks, even outside the short election campaign when they are always extremely busy, does seems a little optimistic.

[Baroness Penn (Con)]

My Lords, I will come on to the question of resources and implementation later in my response but, as I said at the start of my speech, the expansion of the franchise does not change the principle of the franchise. People who have been abroad for up to 15 years are able to vote and these measures are expanding that further.

I was going to add more on the process of using attestations to demonstrate the connection to the UK address, as this was asked about by several noble Lords. It is important to make this work, so that an eligible applicant has every opportunity to demonstrate their eligibility. We anticipate that an electoral registration officer will be able to verify most applicants’ connection to their qualifying address using register checks or DWP historic address matching. Where this is not possible, applicants will be able to provide documentary evidence or, failing that, an attestation. This is in alignment with the processes for verifying identity. We have considered feedback from stakeholders on the different types of documentary evidence that an overseas applicant may have available to them and enabled electoral registration officers to consider a wide range of documentary evidence, providing that it contains the applicant’s name and qualifying address. This is a hierarchy of processes that applicants must go through. Attestation can only be used if those other processes have not been able to establish the information needed.

The attestation process is a long-established process for voter registration and, as I said before, used only where other methods of verification have been exhausted. Attestors are subject to certain requirements and must provide information that demonstrates that they meet those requirements. They must declare that all information in an attestation is true and acknowledge that it is an offence to provide false information to an electoral registration officer. The Government believe that these instruments strike a balance between the accessibility and integrity of the attestation process by introducing new limits on the number of individuals an attestor can attest for within an electoral year. The Electoral Commission provides guidance for EROs on verifying attestations and has the power to reject those attestations.

Local Enterprise Partnerships: Funding

Baroness Penn Excerpts

Monday 11th December 2023 Lords Chamber

[Lord Leong]

To ask His Majesty’s Government what assessment they have made of the ending of local enterprise partnerships’ funding and the impact on local economic development.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

The Government are committed to empowering locally elected leaders to drive local economic development. From April 2024, government will support local and combined authorities to deliver the core functions currently delivered by LEPs; namely, the functions of strategic economic planning, business representation and ongoing delivery of specific government programmes. Revenue funding will be provided to local and combined authorities in 2024-25 to support this activity.

[Lord Leong (Lab)]

My Lords, Labour’s very successful regional development agencies were replaced with local enterprise partnerships in 2011. These will be abolished next year. From micro-businesses to multinationals, businesses cry out for certainty, consistency and competency, but, far from levelling up, all they get from this Government is chaos, confusion and closure. The best way to restore business confidence would be for this Government to shut up shop and call an election. Are these businesses wrong in their assessment?

[Baroness Penn (Con)]

Yes. I also disagree with the noble Lord’s assessment of RDAs. I would be interested to know, if they were such a successful way of delivering local growth, whether they would be re-established under future Labour plans. The Government are focused on empowering local leaders over geographies that make sense in local areas to deliver local economic growth. We are working to integrate the roles of local enterprise partnerships into local areas so that we have the best of both worlds, with local democratic accountability and strong business voices to drive economic growth.

[Lord Razzall (LD)]

My Lords, I well understand the arguments that the Minister made regarding the shifting of LEP funding. To return to the Question, which the questioner rather strayed away from and which is whether the Government are satisfied about the impact on local economic development, is the Minister satisfied that the existing schemes, which are often successful, will not be damaged? I am thinking particularly of the very successful work done by a number of combined LEPs on digital poverty and exclusion.

[Baroness Penn (Con)]

I assure the noble Lord that the Government are confident that, in integrating the work done by LEPs into local authority or combined authority areas, we will not lose the benefits of the great work done by LEPs since their establishment. The aim is to integrate that with local democratic accountability. It is part of our broader agenda on devolution and we will continue to see some of that great work delivered over similar areas to now.

[Lord Young of Cookham (Con)]

My Lords, is it not the case that, since the LEPs were set up in 2011, more and more of their functions have been transferred to mayoral authorities and combined mayoral authorities, and have been included in devolution deals, many more of which are still on the way? Is that not a more democratic solution than the unelected LEPs?

[Baroness Penn (Con)]

My noble friend is absolutely right. In taking this decision, we conducted an information-gathering exercise with local authorities and LEPs to understand the impact of our plans. That identified great overlap between some of the functions discharged by LEPs, local authorities and combined authorities, as well as confirming a high level of integration of LEP functions in mayoral combined authorities. That is why we are taking the direction of travel that we are. The Government’s view is that there is likely to be scope for both greater join-up and efficiencies, and clarity for the private sector, by these functions being discharged in a joined-up way, and greater local accountability.

[Baroness Wolf of Dulwich (CB)]

My Lords, LEPs and RDAs had in common that, while they referred to “local” and “regional”, they were, in fact, Whitehall appointed and Whitehall controlled. If their functions are gradually transferred to mayoral authorities, that will clearly take things closer to local enterprise, but it is not necessarily a great improvement if you move from a Whitehall bureaucracy to a mayoral bureaucracy. What is being done to ensure that these functions respond actively to local enterprises and to local and regional organisations, which are membership organisations and directly represent enterprises, businesses, communities and, indeed, consumers?

[Baroness Penn (Con)]

My Lords, the Government have published guidance for the transfer of LEP functions to local authorities. Further guidance will be issued in January. As part of our devolution settlements in different areas, there are also clear conditions around how business engagement should take place to ensure that the voices of local businesses and their representative organisations are well heard in those areas.

[Lord Haselhurst (Con)]

My Lords, is it not unusual that within local enterprise partnerships, some of those participating were rivals with one another? Is it not best to ensure that, after all this time, we take another look at Redcliffe-Maud and have stronger bodies and authorities, with more competent clerks, to make it a really good and efficient system?

[Baroness Penn (Con)]

One important aspect of moving LEP functions into local authorities and mayoral combined authorities is making sure they cover appropriate economic geographies so they can deliver for those areas. In having proper democratic accountability, it will be clear to local businesses and local people who is responsible for economic development in their area.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, is it not clear that in the Teesside mayoral area, on some of the economic development programmes, we have seen less democratic accountability and less transparency about what is going on? The Government instituted a review that was supposed to report in July on this and we have heard nothing yet. We want more electoral and democratic accountability and more transparency. When is the report going to come out?

[Baroness Penn (Con)]

My Lords, there has been a great deal of success in devolution to Teesside and the mayoral combined authority there. The noble Baroness is right that we have instituted a report into some of the processes that have been undertaken. I do not have a date for her, but we are looking at it very carefully and we will publish the report when we are in a position to do so.

[Lord Scriven (LD)]

My Lords, is the issue here not just talking about structural change to functions but the power of the functions themselves? The clear issue with saying that we are going to have proper regional economic development firing on all cylinders is that, in every country, every indicator shows that fiscal devolution is required, not just the movement of existing functions. Will the Government seriously look at fiscal devolution to ensure that proper economic development can happen in all regions across the country?

[Baroness Penn (Con)]

That is exactly what the Government are doing; they are seeking to combine the devolution of greater power with greater funding and greater responsibility for the funding. There are the trailblazer deals that look to integrate the different streams of funding for local areas into something much closer to a single settlement. That will allow those areas to make decisions at a local level about what should happen in their area.

[Lord Kirkhope of Harrogate (Con)]

My Lords, surely all this bureaucracy and red tape is not the answer for some parts of our country that are in need of development. As one of those involved in the establishment of development corporations in the late 1980s, I think we should be proud of such a model. Frankly, is it not about time we allowed local businesses and local people to have a stronger say in what they want to renovate and rejuvenate zones of that kind?

[Baroness Penn (Con)]

My Lords, by integrating LEPs into local authorities and mayoral combined authorities, we are looking to streamline the processes by which business can engage in their local areas. As a part of our devolution deals, we are also giving combined authorities the power to set up development corporations so they can use the voice of business to drive development and economic progress in their local areas.

Home-ownership Rates

Baroness Penn Excerpts

Wednesday 6th December 2023 Lords Chamber

[Lord Naseby]

To ask His Majesty’s Government what proposals they have to reverse the trend of falling rates of owner-occupation among the 25-34 age group.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, the Government have a range of schemes to help people into home ownership, including First Homes, shared ownership and the mortgage guarantee scheme. We have raised stamp duty thresholds so that, for properties up to £425,000, first-time buyers pay no stamp duty and, for properties up to £625,000, they pay only 5% on the amount above the £425,000 threshold. We remain committed to making home ownership a reality for as many young people as possible.

[Lord Naseby (Con)]

I thank my noble friend for the Answer but, frankly, it is not working, is it? If home ownership is so fundamental to this age group, surely we should be more generous. First, we should remove stamp duty. Secondly, there should be a savings scheme so that people can save for a proper deposit in relation to the market price level. Thirdly, tax relief should be what it used to be, when I and others in this House bought our first houses, on the whole of the mortgage. Finally—I am quite prepared to help my noble friend on this—let us approach the mortgage lenders so that, when somebody starts on a mortgage, there is a discount from the mortgage lender in the first few years.

[Baroness Penn (Con)]

My noble friend puts forward a number of approaches to tackling this problem. I agree on a great many of them; that is why, as I pointed out in my Answer, we have cut stamp duty for first-time buyers. We also have a savings scheme in place to help people with their deposits, because we know that is another barrier. The lifetime ISA applies a 25% government bonus to the savings that people put into that scheme. As for working with mortgage lenders, we have the mortgage guarantee scheme, which looks to expand the availability of 95% mortgages in the market, and we have worked closely with lenders in the current market to ensure that those who struggle to pay their mortgages are properly supported.

[Baroness Taylor of Stevenage (Lab)]

My Lords, by abandoning the housing targets, the Government have made home ownership for young people an ever more distant dream. Hard-working young people are increasingly priced out of their areas, squeezed by rents and having their ambition to buy a house taken from them. Can I urge the Minister to reinstate housebuilding targets and to consider a new, more comprehensive mortgage guarantee scheme?

[Baroness Penn (Con)]

My Lords, since 2010, more than 2.5 million additional homes have been delivered and, since 2018, we have had four of the highest annual rates of housing supply of the last 30 years. We are building more homes, because increasing supply is fundamental to helping more people on to the housing ladder—but there is more to do. We have our new affordable homes programme, which will deliver even more affordable homes to buy and for rent to help people on to the housing ladder.

[Lord Young of Cookham (Con)]

My Lords, further to my noble friend Lord Naseby’s Question, I point out that average house prices in London are now 13 times average earnings, and multiples have gone up throughout the country. As a result, many people have to rent, even though they would prefer to be home buyers, because they cannot afford the deposit. Many now pay more in rent than they would on a mortgage. Therefore, in addition to the schemes mentioned by my noble friend the Minister, do we not need some more ambitious schemes to enable more of these people to achieve their ambition of home ownership?

[Baroness Penn (Con)]

My Lords, the Government completely recognise the issue that my noble friend has set out. The mortgage guarantee scheme is relatively new; it opened in April 2021 and was recently extended to June 2025. It extends the availability of 95% mortgages, which helps with that deposit issue because it reduces the amount that people need to save for their deposits. More than 39,000 households have been helped through that scheme already, and I expect many more to be helped in future. To give a sense of scale on the lifetime ISA and its predecessor—the Help to Buy ISA, our other main scheme to help with saving for deposits—I say that under the Help to Buy ISA we supported over 550,000 property completions, so these are not insignificant support schemes to help people in these areas.

[The Lord Bishop of Manchester]

My Lords, in cities such as mine of Manchester and Salford, in terms of home ownership, many people in this age group aspire to an apartment yet, however many years we are on from the Grenfell fire disaster, too many properties still remain unmortgageable. I am grateful to the noble Lord, Lord Greenhalgh, for the support he has given to campaigners over the years, yet still people cannot get a property because they cannot get a mortgage on it. When will the Government put an end to this scandal?

[Baroness Penn (Con)]

Let me reassure the right reverend Prelate that we continue to make progress on the cladding issue. It has gone on for too long; we have made significant changes to the legislation and other measures to address it, and we will continue to work until everyone in that position has the resolution they need.

[Baroness Thornhill (LD)]

My Lords, shared ownership is promoted by the Government and is designed to be a pathway to getting a secure home and a foot on the property ladder. Does the Minister agree with me and the HomeOwners Alliance that this is proving a very complex and confusing financial model, with several significant drawbacks. The Government are increasing the funding for this type of tenure, but what are they doing to analyse these shortcomings, not only to quantify them but to rise to the challenge of meeting them so that more people can access a home through this method?

[Baroness Penn (Con)]

My Lords, the noble Baroness is right that shared ownership represents an important part of our affordable homes programme and is an important part of helping first-time buyers, particularly younger first-time buyers, on to the housing ladder. We conduct extensive evaluations of our affordable homes programme and will always seek to learn what we can do to improve those schemes, including the users’ experience of them and whether their complexity creates problems further down the line. We will always look at improving where we can.

[Lord Brooke of Alverthorpe (Lab)]

My Lords—

--- Later in debate ---

[Lord Jackson of Peterborough (Con)]

My Lords, my noble friend Lord Naseby is undoubtedly right that the mortgage market is broken. Do we not also need fundamentally to look at the planning system as well as fiscal incentives via the Treasury, particularly for small and medium-sized builders that were wiped out in the financial crisis of 2008, so that urban extensions and new garden towns and villages can be delivered to provide much-needed residential accommodation for young working families and young people generally?

[Baroness Penn (Con)]

My noble friend is absolutely right that planning is key. Many measures in the Levelling-up and Regeneration Act are targeted at supporting the planning system. We also had announcements at the Autumn Statement about improving the efficiency of the planning system and putting more resources into it. My noble friend is also right about small and medium- sized builders; part of the key to supporting them is ensuring that, when we have more difficult market conditions, we continue that supply chain and increase supplies. For example, the affordable homes programme can provide an important role in making sure that builders do not go out of business in tougher conditions.

[Lord Brooke of Alverthorpe (Lab)]

My Lords—

[Lord Best (CB)]

My Lords, in the longer term it would clearly make homes more affordable for first-time buyers if there were enough homes to go round and current acute shortages were eased. In the short term, does the noble Baroness agree that it is ridiculous that so many young people pay more in rent to private landlords than they would pay for a mortgage to secure a home of their own if only they could persuade the banks and building societies to lend more sensibly? If she agrees, will the Government look at extending the new and useful mortgage guarantee scheme to reassure lenders and at the DWP’s support for mortgage interest scheme, which needs to be a benefit and not a loan, to pick up those rare cases where there are serious arrears?

[Baroness Penn (Con)]

My Lords, I have good news for the noble Lord on the first point. The mortgage guarantee scheme has been extended to June 2025 to allow more 95% mortgages to be available to first-time buyers. We have also made changes on support for mortgage interest. Since April, we have allowed those on universal credit to apply for a support for mortgage interest loan after three months rather than nine. However, it is right that it remains a loan rather than a grant in these circumstances.

[Lord Brooke of Alverthorpe (Lab)]

My Lords, may I finally get in with a question? The noble Lord, Lord Naseby, mentioned the benefit of complete full relief on all mortgage interest that many of us had when we were purchasing. Why cannot young people have that?

[Baroness Penn (Con)]

My Lords, we consider all different routes to supporting young people into the housing market. One drawback may be that support is less targeted at those who face the greatest affordability challenges when getting into the housing market. We have sought to refine in our programmes over the years where we can get the biggest impact for the investment that we are making on behalf of the taxpayer.

Residential Leasehold for Flats

Baroness Penn Excerpts

Thursday 30th November 2023 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, on behalf of my noble friend Lord Kennedy and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, I declare my interest as a leaseholder.

The Government are extending the benefits of freehold ownership to more home owners. Reforms in the Leasehold and Freehold Reform Bill will help leaseholders to buy their freeholds and will end the sale of new leasehold houses so that, other than in exceptional circumstances, all new houses will be freehold from the outset. For flats, the Government remain committed to reinvigorating commonhold to give developers and home owners a viable alternative to leasehold should they choose it.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the Minister for her Answer. Of course, we welcome the reform of leasehold, but with 5 million leasehold properties in England, 70% of which are flats, there is disappointment that they are not included in the Bill. Also, it does not appear that the Bill bans the sale of leasehold houses, either. The Times is reporting that the Minister’s department did not have time to include the leasehold ban before the Bill was introduced this week. Can she please clarify whether it is the Government’s clear intention to ban leasehold? If so, when will we see the relevant clauses?

[Baroness Penn (Con)]

My Lords, I can reassure noble Lords that it is the Government’s intention to bring forward clauses to ban the sale of new leasehold houses within this Bill. We intend to bring forward those clauses during the Commons stages. When it comes to flats, on the other hand, reform is more complicated. They have shared fabric and infrastructure and therefore require some form of arrangement to facilitate management. This has traditionally been facilitated by a lease. Therefore, banning leasehold flats is inherently more complicated. We will be taking forward, at a later date, reforms to the commonhold system to allow that to replace the leasehold system.

[Lord Lisvane (CB)]

Does the absence of these clauses lead the Minister to draw a conclusion which has general application—that Parliament is asked to consider far too much legislation, to be proceeded with at far too great a pace?

[Baroness Penn (Con)]

I do not draw that conclusion. Leasehold reform is complex. We have consulted widely and are taking time to get things right. I understand the desirability of bringing forward these clauses as soon as possible for Parliament’s scrutiny and that is what the Government intend to do.

[Lord Young of Cookham (Con)]

My Lords, I very much welcome the provisions of the leasehold Bill, which provide a better balance between the interests of freeholders and leaseholders. However, the Bill does not do what Michael Gove said it would. He said:

“I don’t believe leasehold is fair in any way. It is an outdated feudal system that needs to go. And we need to move to a better system and to liberate people from it”.


He wanted to replace leasehold with commonhold, but the Bill does not even mention commonhold. So will my noble friend be surprised if some of us seek to amend the Bill to deliver what her Secretary of State actually wants?

[Baroness Penn (Con)]

My Lords, I have tried to learn not to be surprised by any amendments tabled to government Bills by your Lordships’ House, but I would like to reassure my noble friend that this Bill is focused on helping leaseholders now by making existing leases fairer and more affordable. We have focused on legislating where we can make a genuine improvement to leaseholders’ daily lives right away. For example, we are making it cheaper and easier for leaseholders to purchase the freehold of their building or a 999-year lease on their property and take control of their building’s management from the freeholder. When it comes to reforms to commonhold, we continue to consider the Law Commission’s report in detail to find the best way forward and we are committed to taking forward that additional work.

[Lord Goddard of Stockport (LD)]

My Lords, one of the most expensive consequences of being a leaseholder, especially in flats, is the service charges that freeholders can level against you. They are completely unregulated and can be totally exorbitant. Does the Minister agree that we need to abolish service charges, especially for flats, and replace them with a commonhold system, which would be much fairer for leaseholders and would stop unscrupulous freeholders from ripping off hard-working families?

[Baroness Penn (Con)]

I can reassure the noble Lord that the Bill does contain provisions to bring greater transparency around how service charges are brought for leaseholders, so that there is greater accountability for what those charges go to and leaseholders have a greater ability to challenge them if they think they are unfair.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, as the Minister will know, the most frustrating thing for those of us who are leaseholders is the lack of control. There is a tried and tested formula for residents’ control, which is recognised in the Bill, and that is freehold. At the very least, will the Government consider a really simple, cost-free change to the Bill, which would be a mandated share of freehold for all new flats? That would at least prove that they are really committed to tackling the issue of getting rid of toxic leasehold for ever.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, as I have said, we believe that commonhold provides a potential way forward to move away from leasehold for flats, but there is reform of commonhold that needs to take place so that it will be fit for purpose. I reassure the noble Baroness, as I have others, that there are significant measures in this Bill that do exactly what she pointed towards, which is giving leaseholders greater control over the properties that they own and live in.

[Lord Adonis (Lab)]

My Lords, the wider problem, of course, is that there are far too few new homes, either leasehold or freehold. Is the noble Baroness aware that France, with a population of about the same size as ours, now has 12 million more homes than Britain, and has built more than twice as many new homes as we have over the last 13 years? There has been a net addition of 2 million homes, a high proportion for social lease. I know that Ministers are not talking to their European counterparts at the moment, but does she not think that learning something from our European partners could be valuable in tackling the housing crisis?

[Baroness Penn (Con)]

My Lords, the Government are absolutely committed to increasing supply. The noble Lord is right that that is part of the solution, particularly when we have in place the provisions to ban new leaseholds in new houses. But the Government are delivering on that promise. We are on track to deliver our commitment to 1 million new homes during this Parliament. We are investing £10 billion in increasing the supply of homes, and in the last few years we have seen some of the highest rates of home delivery in decades.

[Lord Cormack (Con)]

My Lords, will my noble friend convey to Mr Gove the most generous offer made by the noble Lord, Lord Young of Cookham, on behalf of the House, which was apparent from the reaction to his question? Why does she not tell him that this House can put right what he has not yet got right?

[Baroness Penn (Con)]

I am sure that this House will communicate its views to the department as we progress the Bill throughout the scrutiny. It will go through the Commons first and I look forward to debating the provisions in detail when it reaches the Lords.

[Lord Shipley (LD)]

My Lords, commonhold is used widely across the world, so why has it taken the Government so long to consider what works so successfully across the rest of the world?

[Baroness Penn (Con)]

My Lords, this Bill, and the other reforms that we have made in this space, are comprehensive and complex. We have taken time to look, consult and bring forward the proposals that will have the biggest impact on leaseholders today, while also committing to ongoing reform in the future.

[Lord Jackson of Peterborough (Con)]

My Lords, the Autumn Statement contained a commitment to take forward reforms to residential estate investment trusts. Will my noble friend take forward the support the House has for leveraging significant private sector funding into much-needed residential accommodation via REITs?

[Baroness Penn (Con)]

Yes, the Autumn Statement set out the way forward we are going to take on that issue. We need proper financing to support our ambitions for more homebuilding. Some of that comes through government support, but the private sector is a key partner here and we need to do everything that we can to unlock investment.

[Lord Kamall (Con)]

My noble friend mentioned there were complications in extending freehold to leaseholders in flats. She does not have to answer everything right now, but I wonder whether she could write to me, and deposit a copy in the Library, about some of those complications, so noble Lords can better understand those barriers to extending freehold?

[Baroness Penn (Con)]

I would be very happy to write to my noble friend but, as I said, in looking at the distinction between houses and flats, the majority of houses have always been provided as freehold, and there are few justifications for building leasehold houses. We have seen, in recent years, this practice being exploited by developers to levy unfair charges on home owners. Flats, on the other hand, have shared fabric and infrastructure and therefore require some form of arrangement to facilitate management. Traditionally, this has been facilitated by a lease, but, as we discussed, commonhold is an alternative way to do this.

General Elections: Party-political Spending

Baroness Penn Excerpts

Wednesday 29th November 2023 Lords Chamber

[Lord Rennard]

To ask His Majesty’s Government what assessment they have made of the case for increasing the maximum limit for political parties to spend at general elections.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

It has been a long time since campaign spending limits were last adjusted for inflation—some have not changed since 2000. This means that as prices rise over time the limits are, in effect, reduced. Parliament anticipated this when the limits were set, which is why the legislation allows for them to be adjusted to account for inflation. The Government have now begun making these adjustments to ensure spending limits are restored in real terms.

[Lord Rennard (LD)]

My Lords, none of the last five Governments has seen fit to increase these spending limits for political parties, so I wonder what was different about this Government? In the last five elections, only one party—the Conservative Party—has come close to spending towards the election expense limit, so why does it now have to be increased by 80%? Which party will benefit? Boris Johnson managed to win the last general election spending £16 million, so why do this Government seem to think that they need to spend up to £36 million to try to be re-elected? What will their donors expect in return for this cash?

[Baroness Penn (Con)]

My Lords, this is not an unusual exercise. In fact, uprating has been done under successive Administrations of all political colours and is done regularly for other matters too. It is provided for in the original legislation passed by this Parliament. By using those powers, we are simply restoring the levels of spending limits that were provided for by Parliament.

[Lord Swire (Con)]

What is the view of the Government about the allegations that some political parties or political operatives are seeking to lure away existing elected Members of the other place with promises of money? Is that something that the Government will be looking at?

[Baroness Penn (Con)]

I am not sure of exactly what my noble friend refers to. None the less, it sounds like a serious matter that I would want to speak to him about after this Question.

[Lord Watts (Lab)]

Given the past scandals of money going into the Tory party over the last few years and influence that has been given to those people as a result, should we not reduce, and not increase, this amount of money?

[Baroness Penn (Con)]

Perhaps the noble Lord will be reassured that a process of consultation went on in regard to uprating these spending limits. Members of the Parliamentary Parties Panel were first consulted by the Cabinet Office in 2020. Since then, we have uprated the limits for local government elections, which I believe has passed without problem. In September 2022, the Government again wrote to members of the panel. There is a need for change; some of these limits have not changed for over 20 years. We are simply restoring the levels that were previously set out in law by Parliament.

[Lord Hayward (Con)]

My Lords, in relation to the last question, the accusations of providing money in dubious circumstances have applied to all political parties, unfortunately, at one point in recent years or another. I refer my noble friend back to the answer that she gave. She identified that the limits have changed in local government; we are now looking at limits in national elections. Does that not confirm that it is about time that we looked at consolidating all election law so that we do not have to deal with these things in different stages? I am not asking my noble friend to make a commitment to do so, but I ask her to acknowledge and take the message back.

[Baroness Penn (Con)]

My noble friend is absolutely right that the procedure for uprating spending limits has to be done through multiple statutory instruments because different procedures are attached to different limits for different elections. I know that he has been a great advocate for simplifying and consolidating electoral law. I am sure that he will continue to advocate that, and I very much look forward to engaging with him on it.

[Baroness Taylor of Stevenage (Lab)]

My Lords, the Government’s rejection of amendments to the National Security Act means that foreign donations can still be made to political parties here in the UK. If the department is going to consider reviewing political financing, does the Minister agree that it is time to end this security loophole to prevent covert foreign donations to political parties?

[Baroness Penn (Con)]

My Lords, I believe that as a result of the debates on that Act the Government took forward a commitment to ensure information sharing between the police and other relevant authorities with a view to finding a way to improve that process. The sharing of information could improve the ability of relevant authorities to identify any individuals making or facilitating donations from foreign powers and sanction them. We have a commitment to report back to Parliament next year on that work.

[Lord Harries of Pentregarth (CB)]

In recent elections there has been concern on the part of non-political campaigning organisations about the limits on their expenditure. Have the Government reviewed what non-political campaigning groups are able to spend at election time?

[Baroness Penn (Con)]

I believe that the rules regarding third-party campaigning organisations will also be uprated as part of this work.

[Lord Wallace of Saltaire (LD)]

My Lords, there are a number of proposals for limiting the size of donations. Have the Government taken any issue with that? I have looked at the reports on donations for the first six months of this year, and the three largest donations to the Conservative Party were two individual donations of £5 million and one of £2 million. One was from a British-Egyptian national who was a Minister in a previous Egyptian Government and whose interests appear to be based primarily in Dubai. Another was from someone listed with Companies House as an Indian national— I assume therefore resident in London—whose interests are primarily in Thailand and Indonesia. Is it not time that the Government became much stricter on the size as well as the origins of individual donations?

[Baroness Penn (Con)]

My Lords, the Government have no plans to limit the size of donations made. We have procedures in place to ensure that there is transparency over those donations and, as we are discussing today, spending limits for candidates and parties in elections. That is how we govern the use of money in our political system.

[Lord Blunkett (Lab)]

My Lords, I hope that the House and the Minister will forgive me for asking a tangential question. Is it not time that the Government restored the special fund that put those with disabilities on an equal footing in campaigning in a general election?

[Baroness Penn (Con)]

I hope that the noble Lord will forgive me for acknowledging that it is a slightly tangential question; I may need to write to him with a fuller answer. I remember the establishment of the fund; it was established for very good reasons, so I am happy to take that away and look at it further.

[Lord Forsyth of Drumlean (Con)]

My Lords, further to the questions from the Liberal Benches, would they not carry more credibility if their party had not taken £3.5 million from a fraudster who is a fugitive from justice? Any respectable political party would have paid that money back.

[Baroness Penn (Con)]

My Lords, all political parties should seek to abide by the rules and, if they have not, they should definitely return the money that they owe.

[Lord Sikka (Lab)]

My Lords, general election spending is funded by big corporations and the rich. They do not actually donate money; they invest—they expect a return. In the interests of transparency, would the Minister consider introducing a law to require political parties to state what returns they have promised and to whom?

[Baroness Penn (Con)]

I completely reject the premise of the noble Lord’s question. We have transparency in our system so that people can see who donates to political parties. The alternative to donations to political parties is government funding of political parties and campaigning. That is not something that we on these Benches wish to see.

[Lord Cormack (Con)]

My Lords, in view of the influence that the press very often has on elections, will my noble friend the Minister read the admirable article by my noble friend Lord Hague in yesterday’s Times, which indicated that it would not be a service to democracy for one of our notable daily papers and one of our notable weekly magazines to be bought by foreigners?

[Baroness Penn (Con)]

I always enjoy reading articles by my noble friend and I will undertake to read that one.

[Lord Anderson of Swansea (Lab)]

My Lords, to prove the honesty of the intention of donors and the lack of any self-interest, would it not be a good idea to ask any donors of that sort to disentitle themselves from honours?

[Baroness Penn (Con)]

My Lords, that is an interesting question for all sides of this House. Donors to political parties of all colours make huge contributions to our society—not only to our political parties but to many other good causes. They are often leaders in their fields. We should encourage participation in our democracy and not discourage it.

Levelling Up: Project Delivery

Baroness Penn Excerpts

Thursday 23rd November 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, the department has implemented several measures to support local authorities in their delivery of levelling-up projects. These include committing over £65 million for capacity support to unblock delivery issues and giving authorities greater flexibility over spending decisions. The National Audit Office report covers the progress of projects up to March 2023, and in the eight months since then the department has paid out over £1.5 billion of further funding to local authorities.

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

I thank the noble Baroness for her comments. The report from the National Audit Office makes shocking reading: it tells of money allocated but not spent, contracts not signed and projects not delivered. Can the Minister explain to the House how a flagship programme of the Government is in such a mess?

[Baroness Penn (Con)]

My Lords, the report itself highlights a number of issues that have delayed some of the delivery, including rising costs and inflation and other outside factors. That is why we are working with local authorities to address those issues. As I say, in the eight months since the report, the department has paid over £1.5 billion of further funding out to local places. We have already seen several projects completed or near completion, which are making a difference to the lives of people in those communities.

[Lord Young of Cookham (Con)]

Further to the Question asked by the noble Lord, Lord Kennedy, the NAO was not entirely critical of my noble friend’s department. It did say that evaluation was better and that the grant management process had improved. But it also said that a number of projects would not be completed by the proposed deadline. Where there are good reasons for that delay, will there be some flexibility in those deadlines? Otherwise, some very worthwhile projects will be abandoned.

[Baroness Penn (Con)]

I thank my noble friend for drawing out some of the positives of that report, as there were indeed some. He is right that, while we are keen to see the delivery impact of this investment as soon as possible, there have been some delays. For example, we have talked about inflationary pressures, so for the levelling-up fund, the prospectus for both rounds 1 and 2 said that we expected all funding provided to be spent by March 2024 and March 2025 respectively. However, those deadlines can be extended by one year on an exceptional basis. Similarly, for the future high streets fund, we have given a six-month extension for the spend deadline, taking it to 30 September next year, giving local places additional time to deliver their transformational projects.

[Lord Shipley (LD)]

My Lords, I remind the House that I am also a vice-president of the Local Government Association. As has been pointed out, one of the reasons for the problems we have is rising cost pressures, both inflation and interest rate levels, and in some cases, of course, withdrawal of contractors. Will the Minister assure the House that, in such circumstances, it cannot just be an “exceptional case”? I quote the phrase that she used in her previous reply. The NAO has shown that there is an average delay of almost 10 months across projects as a whole. That is simply too much, and I ask the Minister to consider very carefully extra money to support the budgets of projects where there is a case and, secondly, for an automatic extension to the length of budgets, otherwise we will carry on having some of the problems that we have seen.

[Baroness Penn (Con)]

My Lords, as I have said, we are keen to see the delivery impact of the investment as soon as possible. That is why we have not moved to an automatic extension to the deadlines involved. However, we have moved to give local authorities more flexibility about how they spend their money without coming back to central government, to enable delivery. We have also put in place both more funding and more support to local authorities in the delivery of their projects, to help them meet their own deadlines.

[Lord Laming (CB)]

My Lords, the noble Baroness will know that some of the most difficult cuts in local government spending over the last decade were in the support for children and families. The probation inspectorate looked at the number of young people in secure accommodation and reported that many of these young people could be accommodated in the community with the right kind of support. That is not only in the interests of the young people but considerably cheaper. Could the noble Baroness do all that she can to make sure that the money that has been allocated is properly spent?

[Baroness Penn (Con)]

The Government are really focused on ensuring that the levelling-up funds deliver value for money and provide transformative outcomes for the local areas that they deliver for. The Government set out a really clear approach to the evaluation of these projects to make sure that they do just that.

[Lord Wigley (PC)]

My Lords, I draw attention to my interest chairing the slate quarrying levelling-up fund on Gwynedd Council, which is also facing the challenge of meeting the deadline of April 2025. If indeed the pressures arise from a systematic shortage—a capacity shortage—within the system, will the Government lean towards giving the flexibility of an extra year to ensure that worthwhile projects are not lost?

[Baroness Penn (Con)]

My Lords, as I have highlighted, the department is very happy to speak to any project that sees that it is facing perhaps unavoidable delays in delivery. Our first priority should be looking at what we can do to reduce those delays, but, as I have said, we have also put in place flexibility in the system to extend some of the deadlines.

[Lord Adonis (Lab)]

My Lords, will the noble Baroness tell the House how much damage to levelling up is being done by the cancellation of HS2 to Manchester? Is she aware that, once HS2 is built to Birmingham but not to Manchester, it will take 40 minutes from Euston to Birmingham but 2 hours and 10 minutes from Euston to Manchester? What does she think that will do to business investment decisions over the next generation, and does she not see that this will decimate the economic prospects of the north of England?

[Baroness Penn (Con)]

I am afraid I completely disagree with the noble Lord. There is a choice to be made about where that investment goes, and the Government have made the choice to invest in transport projects that will connect towns and cities within the north far better. It will deliver more improvements to more people faster than the continuation of further legs of HS2.

[Lord Scriven (LD)]

My Lords, is not the key finding of all this that centralised Whitehall one-off bidding is not the key to level up across this country?

[Baroness Penn (Con)]

My Lords, we deliver funding to local authorities in all sorts of ways. We are looking to deliver more funding to local authorities. That is why we are taking forward an approach of a single departmental settlement to those mayoral combined authorities in Birmingham and Manchester. We have a commitment to roll that out further to those areas that have directly elected representatives.

[Lord Sahota (Lab)]

My Lords, as the Minister knows, councils up and down the country spent millions of pounds preparing for their application to bid for the levelling-up funds. I am glad that the Government have changed the system now. Do the Government have any idea how many millions these cash-strapped councils have spent on preparing their applications—or maybe the Government did not ask that question because they did not want to know the answer?

[Baroness Penn (Con)]

My Lords, after announcing round 2 of the levelling-up funding, we recognised how many high-quality bids we had from councils that we were not able to meet during that round. That is why we took a different approach in round 3, looked at those existing bids and were able to make the allocations that were announced earlier this week. All in all, over 200 places have benefited from funding from the levelling-up funds. We recognise that there is a cost involved in bidding in these processes. That is why we provided those local authorities that were assessed as most in need in rounds 1 and 2 with additional funding to support the development of the bids in the first place.

[Lord Wallace of Saltaire (LD)]

My Lords, the Government have talked a lot about the need to reduce bureaucracy and to cut the size of the Civil Service. Yet this entire scheme is extremely bureaucratic and takes a great deal of Civil Service time for the competitive allocation of very small funds, and a great deal of local government time in preparing for competitive bids, some of which are unsuccessful. Has not the design been unfortunate? Would it not be better for the Government to do something about devolving spending decisions to local government in a much more thorough way?

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, as I have set out, we took a different approach in round 3 of the levelling-up fund. Instead of having a competitive process, we looked at the existing bids that we had. That is all part of the Government’s funding simplification plan for local government that we published last year, which looks at streamlining the different forms of funding that go to local government, while making sure that it is spent in the most effective way, delivers value for money and that there is accountability for what is spent.

Levelling Up

Baroness Penn Excerpts

Wednesday 22nd November 2023 Lords Chamber

[Lord Stunell (LD)]

My Lords, this is a sad and disappointing Statement. It is another signal that levelling up, which was the flagship policy of the last Prime Minister but one, is on its dying breath. The Statement was delivered by a junior Minister in the other place. It rehashes announcements that have already been made. It glosses over failures of process and delivery, and it trumpets success when it is in full retreat. It starts with a boast about the £13 billion allocated to the levelling-up task, which is the same £13 billion that had already been announced five times before. But it overlooks what the National Audit Office said in its report published this week: much of the money will never be spent because of the overweening departmental bureaucracy and long ministerial delays in signing off projects with sponsors.

In fairness, the Statement does contain a sort of “sorry, not sorry” section about changing the process in the future, establishing a long-overdue but non-specific “funding simplification doctrine”, of which the noble Baroness just spoke. I am sure it will be a belter when it comes, but the benefit of the new doctrine will be lost by what is perhaps the most gobsmacking piece of double-speak in the Statement. Apparently rounds 1 and 2 have gone so well that, after learning from their successes, round 3 has been cancelled. Usually, back in the real world, if a project goes really well in its first two stages, everyone is eager to get on and do the third stage—but not this time. Instead, the approval threshold for projects is to be lowered and schemes previously rejected in rounds 1 and 2 will be reconsidered. There will be no round 3 and no chance for further bids to be submitted.

The National Audit Office reports that rounds 1 and 2 generated 834 bids, but three-quarters of them were rejected. I have no doubt that there will be some very good schemes among those rejected before that fully justify their approval now. Like the noble Baroness, I welcome the announcements made, but that has been done by pumping money originally intended for round 3 bidders back into the original pool for round 1 and round 2 bidders. This clearly demonstrates that the contention of these Benches was exactly right that the overall size of the pot was always minuscule compared to the need.

That leaves some of the most deprived councils, and the smaller and less well-resourced ones, stranded. They are the ones who did not bid in earlier rounds because they could not afford to take the risk of investing time and money in a bid that had only a 1:4 chance of success. Encouraged by the July announcement that a new and simpler process was ready to come into play, they have been ready to step forward and do so, but their chance has now gone. There will be no round 3, no new bids, and no levelling up for them.

I have two questions for the Minister. Will she publish the list of local authority areas that did bid in rounds 1 and 2 but will still not benefit from any funds from any of their bids, despite the clawback of round 3 money to help? I will call that list A. It would give a good map of where the Minister thinks that levelling up is not really needed. Secondly, will she publish a list of those local authority areas from which no levelling-up bids at all have yet been received? I will call that list B. That, I fear, would give a good map of small, under- resourced local authorities that have been left stranded by the cancellation of round 3 and are left out of the picture altogether. Publishing lists A and B would be a long-overdue first step to restoring transparency and trust to what, up to now, has been an opaque and desperately underfunded bureaucratic disaster. I look forward to the Minister’s answers.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, I thank the noble Baroness, Lady Taylor, and the noble Lord, Lord Stunell, for their questions. I start by challenging a few of the assertions made in their responses to the Statement, particularly about underfunding and the minuscule amounts of money that have gone into this project.

Levelling up is at the heart of this Government’s mission: it has been backed with significant financing through the levelling-up funds and a number of other initiatives, and we have seen more in the Autumn Statement today. For those areas that have bid into the levelling-up fund and have been unsuccessful, it is not the end of the story: we have an agenda across government, whether through devolution, investing in skills, investment zones, freeports, or a whole number of areas where opportunities continue for areas to receive funding for projects that are important to them. On Monday, 55 projects were announced, but the total is 271, which is not an insignificant number of bids. These were across the country, representing areas that are diverse but also in need of this funding.

I also address the point around smaller, less well-resourced councils that felt unable to bid in earlier rounds. Some funding was made available for those who would struggle to put together bids to be able to participate in that process, so that is not the full picture. Also, the feedback that we received on the competitive process for rounds 1 and 2 informed the approach that we took for round 3 and informs our approach to the funding simplification doctrine, which acknowledges the valuable contribution of competitions for driving value for money and identifying the best projects for certain programmes. We will continue to deploy them where they make the most sense, but we encourage the use of allocative approaches where they can best achieve specific outcomes while minimising demands on local authorities. At the heart of that doctrine is our commitment to value for money, which will drive decision- making on the most appropriate choice of funding mechanism.

The Government have responded to the feedback they had in earlier rounds of the levelling up fund in their approach to round 3. I reject the Liberal Democrats’ proposition that the 55 projects that received funding in this round are somehow of lesser quality than projects that received funding in previous rounds. In fact, we found that a very high number of very high-quality projects had bid into this system, which allowed us to return to those projects for round 3 and make great allocations for very well-deserving projects. To reassure the noble Baroness, we touched base with local areas to ensure that those projects continue to be priorities for them and deliverable. However, having made the formal announcement, we will also recontact every single one of those successful local authorities to reconfirm that they are projects that they would like to pursue and, on the delivery point, meet a delivery timetable that is achievable given the changing circumstances.

Those changing circumstances were a factor acknowledged in the National Audit Office report. We have faced a time of high inflation, particularly for capital projects, and labour shortages. We also acknowledge some challenges in the way we ran the process in government too, so we welcome the work that the NAO has done and have taken significant action to address the points it made. I point out that the data that the NAO used in its report was cut off in March 2023 to allow it to analyse consistently across three different projects that the Government have been running. Since then, we have released a further £1.5 billion of levelling-up funding through the programme, so significant progress has been made.

We have also made changes to how the projects are run—for example, allowing greater decision-making for local authorities to flex their delivery programmes to meet the new circumstances they find themselves in. We have also made £65 million available to ensure that local authorities have the capacity to deliver the levelling up fund projects that they have successfully bid for. The Government acknowledge some of the challenges in the National Audit Office report. We have already taken steps to address some of those points and seen a significant increase in the amount of money disbursed.

Finally, on the funding simplification doctrine and what it will mean, it is a doctrine that will apply from central government to local government in its approach to levelling up. That is primarily from the Department for Levelling Up, Housing and Communities, but it applies across other departments’ delivery of and commitment to our levelling-up agenda with local authorities. We will evaluate the simplification pathfinders as quickly as possible. In all the work we are doing on these new projects and programmes, we seek to learn the lessons from them as we go along, ensuring that we have robust evaluation processes in place that allow us to continue to make these modifications and improvements as we deliver our levelling-up agenda across the whole of the United Kingdom.

[Lord Young of Cookham (Con)]

My Lords—

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

There is time. I asked questions about Northern Ireland, about inflation and about impact assessments. May I have a response to those in writing?

[Baroness Penn (Con)]

My apologies; I think I answered about the impact of inflation and the fact that we have adjusted the project delivery processes to help take that into account with local authorities. The pathfinders are under way and we will assess the outcomes of those as soon as we can, but I also said that we will seek to learn the lessons as we are implementing, not just waiting for the final evaluation at the end of the process.

On Northern Ireland, the noble Baroness is absolutely right that there were no allocations in round 3 of the fund; I reassure noble Lords that this funding has not been reallocated to other parts of the UK and will remain reserved for and be provided to Northern Ireland. We will continue to work closely with the projects that have already been awarded the £120 million in the first two rounds of the fund. We are working towards the restoration of the Northern Ireland Executive and will work with a restored Northern Ireland Executive to find the best approach for them going forward.

I am happy to have another look. If there are any points that I have missed, I will make sure that I write to both noble Lords on them.

[Lord Young of Cookham (Con)]

I apologise to the noble Baroness, Lady Taylor, for barracking her when she quite rightly asked a supplementary question. I warmly welcome my noble friend to her new responsibilities and say how much she will be missed at the Treasury. We hope she will be able to adopt a less restrictive approach to her new portfolio than the one she was obliged to adopt at the Treasury.

Many of us found the tone of the earlier intervention somewhat grudging, and I know these funds will be warmly welcomed by the communities to which they are targeted. Will my noble friend confirm that it is the Government’s firm policy to streamline all these different pots of money which go from central to local government, and really have proper devolution? The Statement mentions the levelling up fund, town deals, the shared prosperity fund, the future high streets fund and others. Can we streamline things without having a fund simplification pathfinder pilot? Perhaps it could be simpler than doing that.

Finally, the Statement refers to new funds and the principles that could be applied to them. Do we really need any new funds, given the ones we already have? The objective should be to reduce rather than to add.

[Baroness Penn (Con)]

I thank my noble friend for his warm welcome to this role. I reassure him that the department is absolutely committed to simplifying our funding approach when it comes to levelling up and local authorities. I reassure noble Lords that the funding simplification doctrine will be implemented from 1 January next year. Its aim is to embed our commitment to simplifying the funding landscape by ensuring that government departments consider the principles of funding simplification when designing new funding for local authorities. To the noble Baroness’s point, the idea is that it extends beyond the reach of my department alone. The doctrine will cover all new funds that are made available exclusively to local authorities by central government, but it excludes funding within the local government finance settlement and services mandated by statute. That gives a better idea of the shape of that approach.

However, it is right that where there are specific problems that may need to be addressed with specific parameters, the concept of a new fund is not entirely ruled out from that approach. The pathfinders, which are important in allowing us to make sure we learn as we go and then apply the approach more generally, are looking at what flexibilities can be applied across those different funding streams, and at putting local authorities in the driving seat in identifying where their priorities are and using the funding made available from central government more flexibly.

[Lord Walney (CB)]

I refer your Lordships to my entry in the register as director for the Purpose Business Coalition’s levelling-up goals. Are the Government still committed to the 12 medium-term missions set out in the levelling up White Paper of February last year? If so, what is being done across Whitehall to drive those missions? Will there be the annual update on them that was promised in that White Paper?

[Baroness Penn (Con)]

I assure the noble Lord that we are absolutely still committed to those 12 missions. There is a huge amount in today’s Autumn Statement that shows our commitment to delivering some of them—for example, through the allocation of further money to levelling-up partnerships and investment zones and pursuing greater devolution. We are taking other measures—for example, legislating to create a smoke-free generation that will help deliver the health and life expectancy-related missions—so there is work across government that will continue to deliver on those 12 missions.

[Lord Naseby (Con)]

Is my noble friend aware that, if we go back in time, the concept of levelling up when I was the leader of the London Borough of Islington was never even thought about? This is a huge step forward as a concept. When I first became a Member of Parliament, I represented a fourth-stage new town. The lessons learned between the experiences of first-stage new towns right the way through to the fourth stage were huge. The fourth paragraph of the Statement states:

“For instance, we have given local authorities greater freedom to adjust their town deal, future high street and levelling up fund projects”.


That is central today. Can my noble friend make sure that towns that have done it well are given huge publicity so that others can learn from success?

[Baroness Penn (Con)]

My noble friend makes an important point about learning as we go and understanding what is effective in delivering our mission to level up. We have put in place comprehensive plans and published how we will approach evaluating the success of some of these projects. Of course, as part of that we want to publicise those projects that have had the biggest impact so that not only do they get the recognition that they deserve but others can learn from them.

[The Lord Bishop of St Albans]

My Lords, I declare my interests as president of the Rural Coalition and a vice-president of the LGA. The 9.6 million people living in rural areas are glad that there is a mention of rural in the opening paragraph, but we cannot quite see how that rolls out. I wonder whether the Minister can help us a little. One of the crucial things about rural sustainability, improving levels of employment and offering healthcare in rural areas is digital connectivity, yet 17% of rural houses are not on superfast broadband, and nor are 30% of rural commercial premises. How does this relate to the need across the country to roll out a much higher level of rural connectivity? It has been done with a fantastic project in Cornwall and a lot was done in Shropshire at one stage, so it can be done. How do we get that sort of rural levelling up in digital connectivity?

[Baroness Penn (Con)]

The right reverend Prelate makes a really important point. I know that the Government have significant ambitions in rolling out access to superfast broadband and making sure we cover off the last mile, as it were, to the harder-to-reach places. I am not familiar with the detail of that programme as it lies in another department, but I will of course write to the right reverend Prelate about how we are doing on delivering that digital connectivity, in particular in rural areas.

[Lord Weir of Ballyholme (DUP)]

My Lords, can I press the Minister a little further on the situation as regards Northern Ireland? The rationale given by the Government for not announcing allocations to Northern Ireland in this round is the absence of a fully functioning Northern Ireland Executive, but that does not hold water for two reasons. First, these are allocations to local government authorities—I speak as a former president of the Local Government Association in Northern Ireland—and in Northern Ireland local councils have been functioning throughout. That has remained unchanged within Northern Ireland for decades as they are continually operating. Secondly, the Government did make allocations to Northern Ireland in the previous round in 2022 when, similarly, there was no Northern Ireland Executive functioning. Can the Minister explain why there has been a change in the position as regards the funding allocations to Northern Ireland between 2022 and 2023?

[Baroness Penn (Con)]

My Lords, the noble Lord is absolutely right that there was funding under previous rounds. However, it is right that the UK Government take a cohesive look at where investment is needed and, given the budgetary position faced by the Northern Ireland Executive and the absence of devolved institutions, we need to look at that very carefully. That relates to his question because the longer we have an absence of any Executive in place, the more keenly we feel some of those pressures and the need to be able to take those decisions in the round. As I have said, this funding remains there for Northern Ireland; it has not been reallocated elsewhere. We are extremely keen to work with the Executive as soon as possible when they return, so that we can address all the challenges that face public services in Northern Ireland.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my positions as a vice-president of the Local Government Association and the National Association of Local Councils. The Minister has used the phrase “committed to simplifying” a number of times. Would the simplest thing not be for Westminster to get out of the road and simply agree a funding formula to the areas of the country most in need of what has been identified as levelling up—areas with the lowest healthy life expectancy or the worst levels of child poverty? Should it not allocate a multiyear long-term funding stream to those areas to allow them to decide what projects they want to spend money on to improve the life of their communities? Is it not wildly inefficient, not to mention rather curious in light of the number of Tory-held constituencies that end up with funding—perhaps currently Tory-held is a better term—not to have a fair and transparent system, perhaps even one that could be agreed across all political parties, so that people could be confident that this would go on for the long term and local communities could make decisions for themselves and invest consistently?

[Baroness Penn (Con)]

I absolutely reject the noble Baroness’s assertion that this funding has been allocated in an unfair or untransparent manner. Alongside the projects that have received funding, we have published a clear methodology note about how we have approached the allocations. Although I may have heard worries about the pace of delivery and the amount of money available, I think that overall both Front Benches opposite welcomed the announcement that we made on Monday. On the overall approach to local government finance, we have a system at the moment that recognises needs. It means that those councils with the most deprived households within them get 17% higher funding per dwelling than those with the fewest. I recognise the calls for wider reform to local government funding but noble Lords will know that, in the wake of Covid and other uncertainties, this Government made a commitment that while we should press ahead with that, it would not be for now but for the next Parliament.

[Lord Scriven (LD)]

My Lords, I welcome the Minister to her post and I will be quite parochial. As somebody who was born in Huddersfield and now lives in Sheffield, I welcome the allocation that has been made to the Penistone line. But living in Sheffield, which is the fourth-largest city in England, our eyes roll when there is talk about levelling up because in the middle of this levelling-up agenda, our direct train between Sheffield and Manchester Airport has been taken away. How does it contribute to the levelling-up scheme when a train from a main airport to the fourth-largest city is taken away in the middle of that? What pressure will the Minister now put to bear in her new role to ensure that the train is reinstated? The reason for taking it away was because of rail infrastructure issues and it is really important that the train is reinstated, particularly if levelling up is going to take place between those two great, dynamic cities.

[Baroness Penn (Con)]

Perhaps, given the strength of feeling that the noble Lord has on this issue, I could undertake to find out more about the rationale for that decision and write to him in particular on it. More broadly, one decision that we have taken recently, which I know has not been popular across the whole House, has been to not continue with the further leg of High Speed 2, to enable us to make sure that we are investing in transport projects that will provide greater connectivity to more people faster than would happen under the plans for the next leg of HS2. That shows this Government’s commitment to levelling up.

[Lord Berkeley (Lab)]

My Lords, perhaps I could ask the Minister a bit more about the costs to the local authorities that have been successful. Of course, I welcome all that. I have been involved in watching a very large award from the first round to the Isles of Scilly for a new ferry, and I am very grateful to the Government. But the cost of doing a strategic outline business case, an outline business case and then a proper business case was so high that, in fact, the Government have very generously allocated some extra funding to enable the councils to do it. This must apply to many other small councils in receipt of these bids. If they cannot afford to prepare the documentation for the next stage, or even to get there—because they will not get the money until the final business case hurdle is done—is there any way that the Minister can simplify the process without, of course, affecting the normal procurement rules of government?

--- Later in debate ---

[Baroness Penn (Con)]

The noble Lord has pointed to one of the solutions in his question. In some circumstances, it might be appropriate for government to provide support to those councils or areas that struggle the most with the process to give them the capacity to engage with it in the first place. However, there are also things that we can do to try to simplify the processes that local authorities go through, while still ensuring that quality is maintained. We can simplify them—or, for example, in our approach to monitoring and evaluation of a lot of these projects, we have taken the decision to remove the local obligation to undertake that and will provide a central function to do it. So we can provide central support for local government and we can provide direct funding to local government to be able to engage and participate, but we can also simplify the process to try to remove the costs and drive value for money.

[Lord Liddle (Lab)]

I am so glad to see the noble Baroness in her new place. Do the Government agree with the analysis of Andrew Haldane, the former chief economist of the Bank of England and now director-general of the Royal Society of Arts, that one reason why Britain’s growth and productivity performance is not as good as it should be is the widening regional differentials in England between London and the south-east and the city regions of the north? If the Minister does agree, what conclusions does she draw about what kinds of policies are likely to be most effective in closing that gap?

To speak personally, when I look at quite a lot of the projects that have been approved, they are smallish-scale projects worth £10 million to £20 million, a lot of which are designed to improve town centres. I am in favour of repurposing town centres, but I do not think that we can ever take them back to where they were. Should we not be looking for big, transformative projects? Of course, that is why the cancellation of HS2 was such a big blow.

[Baroness Penn (Con)]

My Lords, I agree with that central point: that is what is driving the whole mission behind our work to level up. We need to do both of the things that the noble Lord talked about. We need to fund projects that restore pride of place to towns where people live and give a strong sense of local community, but we also need to fund those larger-scale transformative projects. The amount of funding, for example, that has gone into transport projects in mayoral combined authorities and other areas over recent years is very significant. We also have projects to develop investment zones and freeports, for example. So we should not see the levelling-up fund, and the projects that take place through that, as the only way in which we are delivering our agenda.

On the point about funding, whether it is for large or small projects, I will just add that it is also about devolving power—something that the noble Baroness mentioned at the very outset. Today, in the Autumn Statement, we have confirmed four new devolution deals for Greater Lincolnshire, Hull and East Yorkshire, Cornwall and Lancashire. We are also deepening the settlements for our existing institutions, because we need both power and money to flow down to local areas so that they can level up.

[Baroness Bennett of Manor Castle (GP)]

My Lords, since we have time, and since the Minister is getting to grips with her new portfolio, I will raise a somewhat conceptual point. Has the Minister considered that levelling up also means that there is a counteracting force, namely the concentration of power, resources and development in London and the south-east, which they are struggling to cope with? In Cambridge, for example, a proposed development of 1,000 homes was recently turned down because there was not enough water supply for those homes. Does the Minister see that continuing overdevelopment—the pushing of money and resources into London and the south-east—is a countervailing force to attempts to level up?

[Baroness Penn (Con)]

I do not think that that is the way in which I will be approaching my new department and role. I think we can both continue to invest in London and the south-east as great places to live and work and an important part of our economy and also invest in levelling up across the rest of the country. I acknowledge, however, that when you have denser populations and more competition over resources, it adds pressure. Those are different forms of problems that big cities, with high development needs, might need to address versus rural areas, as was highlighted by the right reverend Prelate. We need the right approach for the right area, which is part of what devolving power allows us to do.

Local Government Finance

Baroness Penn Excerpts

Tuesday 21st November 2023 Lords Chamber

[Baroness Taylor of Stevenage]

To ask His Majesty’s Government what assessment they have made of the impact on local government finance of increasing demand for emergency and temporary accommodation.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

Local authorities deliver vital homelessness services and we recognise that the increasing demand for temporary accommodation places pressures on councils. That is why, taking together the 2022-23 and 2023-24 local government finance settlements, we have increased the funding available to local government in England in real terms. In addition, we are providing over £1 billion to councils over three years through the homelessness prevention grant.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I welcome the Minister to her new role and greatly look forward to working with her. Please can we express our very best wishes to the noble Baroness, Lady Scott, for her continuing recovery?

There has been a rapid and dramatic increase in homelessness, with over 104,000 households currently in temporary accommodation—the highest number since records began in 1998. This created a budget pressure of £1.6 billion for councils in 2021-22. So many well-respected sector experts, including the Local Government Association, the District Councils’ Network, Citizens Advice, Crisis and London Councils, have made representations to the Chancellor in advance of the Autumn Statement, pointing out that the key drivers of this increase are the failure to upgrade local housing allowance in line with inflation and a spike in Section 21 evictions. What assessment have the Government carried out of the impact of the freeze on local housing allowance?

[Baroness Penn (Con)]

My Lords, as with all benefits, we keep the local housing allowance under review. The noble Baroness also mentioned Section 21 evictions, which, as she knows, are being reformed through the forthcoming Renters (Reform) Bill that is making its way through the other place and which we will see here shortly. I return her welcome and look forward to working with her across the Dispatch Box. I also look forward to my noble friend Lady Scott joining me back on the Front Benches soon.

[Lord Scriven (LD)]

My Lords, throwing asylum seekers out of hotel accommodation at short notice only moves the issue to local councils, which are legally obliged to accommodate asylum seekers while their asylum applications are processed. What assessment have the Government made of the total cost of this unacceptable cost-shunting to local authorities?

[Baroness Penn (Con)]

My Lords, I would not agree with the noble Lord’s characterisation of the situation at all. While people’s asylum applications are being processed, they are in Home Office-provided accommodation. Some of that accommodation is hotel accommodation, which is in no one’s interest—not that of the people who are accommodated there nor that of the taxpayer. The Government are working hard to reduce the backlog in asylum applications and to move people on from hotel accommodation. My department is working closely with the Home Office and local councils to make sure that that process is as smooth as possible.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, Lord Campbell-Savours is participating remotely.

[Lord Campbell-Savours (Lab) [V]]

Why should people pay inflated rents to private landlords who are coining it in conditions of scarcity? Is not the answer to secure selectively land for housing development at agricultural prices, as has happened in parts of Europe, in particular Germany, and to back up that land purchase policy with a mass building programme of housing for both rent and purchase, but under a new form of title which restricts speculative gains and yet protects the value of freehold title? Speculative markets in land are denying millions a home.

[Baroness Penn (Con)]

My Lords, I believe that part of the solution to this problem is an increase in supply and quality in the private rented sector, which our Renters (Reform) Bill will help to deliver, and also in the affordable housing and social housing sectors. That is why this Government have put so much money into the affordable housing programme, to increase the supply of that housing and relieve the pressure that we see on temporary accommodation.

[Baroness Lister of Burtersett (Lab)]

Following on from the question asked by the noble Lord, Lord Scriven, will the Minister impress on her colleagues in the Home Office the urgent need to review the current operation of the move-on period for newly recognised refugees, which is forcing many of them into rough sleeping and homelessness? They have been given as little as seven days’ notice to quit their Home Office asylum accommodation, with serious knock-on effects on local authorities also.

--- Later in debate ---

[Baroness Penn (Con)]

As I said to the noble Lord, Lord Scriven, my department is working closely with the Home Office and local councils to ensure that the process for moving people on from hotel accommodation is as smooth as possible. As I also said, we recognise that the work that we are doing successfully to reduce the backlog in asylum claims puts pressure on other parts of the system, which is why we have increased resources there too.

[The Lord Bishop of St Albans]

Both the noble Lord, Lord Scriven, and the noble Baroness, Lady Lister, have raised the really troubling issue of asylum seekers leaving accommodation and being made homeless. In the Government’s strategy, Ending Rough Sleeping for Good, there was talk about having a transparent and joined-up system. What plans do His Majesty’s Government have to ensure that homelessness policy and asylum policy are working together so that we can minimise this dreadful problem?

[Baroness Penn (Con)]

My Lords, as I have said, my department is working closely with the Home Office and local authorities on this issue. Local authorities have already moved thousands of families out of bridging accommodation and into long-term accommodation. We are also providing £750 million to the local authority housing fund, which is being used to buy or create new housing stock to accommodate, for example, Ukrainian and Afghan refugees who have been offered refuge here and now need somewhere to move on to. But it will also help to improve temporary accommodation for families owed a homelessness duty. That is an example of some of the longer-term action that we are seeking to take to alleviate some of these pressures.

[Baroness Butler-Sloss (CB)]

Are the Government thinking of supporting prefab houses, and if not, why not?

[Baroness Penn (Con)]

My Lords, the Government are a big supporter of modern methods of construction, which I think is the broad equivalent of prefab houses. We seek to see more houses built using those methods of construction. As the noble and learned Baroness knows, it can be a very efficient way in which to produce new homes.

[Lord Naseby (Con)]

I welcome my noble friend to her new role. I suspect that every Member of your Lordships’ House is aware that there is a chronic shortage of accommodation and in the supply of social housing. Against that background, now that she is in a position to have a look at the whole of this area, I hope my noble friend takes time to do that, and see in particular whether we can bring forward more social housing to address the huge need that we have at this difficult time.

[Baroness Penn (Con)]

My noble friend is absolutely right that there are a number of different actions that we need to take to address homelessness. We have the action on homelessness prevention strategy and the rough sleeping strategy; that is backed by more than £2 billion over three years, in addition to the increase in councils’ core budgets that I mentioned at the beginning. But we also need to look at the underlying supply of affordable and social homes, which is why we have the affordable homes programme in place. We are committed that that will continue to deliver large increases in the number of affordable homes available in this country.

[Lord Sahota (Lab)]

My Lords, last year, local authorities spent £1.5 billion on temporary accommodation, which is up by 9% from the previous years. This is just one of the reasons that so many councils are on the brink of bankruptcy. When will this nightmare come to an end? It is cut after cut, since 2010. When will it end, and when will local government get some help?

[Baroness Penn (Con)]

The noble Lord talks about cut after cut. Since 2019, local authorities have had a real-terms increase in their core spending power, taking into account higher levels of inflation than anticipated at the time. In addition to that, we have provided money for the homelessness prevention grant and the rough sleeping strategy, and in addition to that we have provided the £750 million that I referred to in answer to the right reverend Prelate to begin to address some of the longer-term solutions to how we address housing supply in our country.

[Lord Brooke of Alverthorpe (Lab)]

My Lords, there are avenues that the Government are not exploring. We have an increasing amount of retail accommodation which is now empty and an increasing amount of office space in many cities which is not being utilised. What is the Government’s policy around trying to put that to good social purpose? Why are they not thinking about trying to create public-private partnerships to use those, rather than worrying too much about looking to new builds?

[Baroness Penn (Con)]

My Lords, I believe that that is the case. The Government are committed to revitalising our high streets, whether that is rejuvenating existing commercial property or making the best use of it in the local circumstances.