Planning Process: Probity

Baroness Pinnock Excerpts

Tuesday 16th June 2020 Lords Chamber

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

My Lords, my right honourable friend the Secretary of State followed entirely the planning guidelines that were set out by the MHCLG. I do not accept the way that this has been put to me —that he in any way broke the law. He sought to ensure that there was no inference of bias and that the planning decision would be redetermined. That was agreed with the local planning authority in Tower Hamlets and the Mayor of London.

[Baroness Pinnock (LD) [V]]

My Lords, I declare my relevant interests as a councillor and vice-president of the Local Government Association.

Failure to declare lobbying, failure to provide reasons for planning decisions and failure to make such decisions in a public session by local planning committees could result in allegations of maladministration. Does the Minister agree that those requirements should also apply to the Secretary of State—and, if so, will the Government disclose all such documents in the Westferry decision process?

[Lord Greenhalgh]

Of course these requirements apply to the Secretary of State, but it is absolutely clear that at every step of the way, he disclosed all that he needed to disclose to the department, and that he followed the rules set out in the MHCLG’s propriety planning ethics.

Northamptonshire (Structural Changes) Order 2019

Baroness Pinnock Excerpts

Tuesday 11th February 2020 Grand Committee

Finally, I would just like to mention my personal experience. My own council will soon be the new unitary Buckinghamshire Council. I am looking forward to exercising my democratic rights on 7 May in electing councillors to that new authority. I am also most encouraged by the recent local government reorganisation in Dorset. While it is the first time that I have taken one of these debates in my newish role within the department, for my officials this is of course business as usual. I am pleased to report that the implementation phase for this reorganisation is well under way. I have full confidence in the local area implementing the unitarisation by April 2021. I therefore commend this order to the Committee and I beg to move.

[Baroness Pinnock (LD)]

I remind everybody of my entry in the register of interests, as a councillor in Kirklees in West Yorkshire—a unitary council—and as a vice-president of the Local Government Association. The order enacts decisions made in response to the financial calamity that befell local government in Northamptonshire through its county council. It was clearly imperative that action was taken; it is my understanding that change had to be made. However, I would like to comment on and perhaps challenge some of the decisions that have resulted from the decision to reorganise local government in Northamptonshire.

First, it seems that we as a country are in danger of taking the “local” out of local government. I say that as somebody who serves a very large ward—not the largest in the country, but one of the largest—at a unitary level and understands the demands on the three councillors who serve a population of 16,000. From my experience, it means that some of the very local issues become less important to councillors, who have to deal with high-level strategic decisions, but remain very important to local people. When you have a big ward, there is a tension between the strategic and the local. If we are not careful, local people often miss out. That is more so with large wards serving rural communities.

I do not know the county of Northants very well, but I guess that some of its wards will be significantly rural in nature. In my experience, this creates a potential disconnect between decision-makers and the people they serve. There is potential for the Government to give additional powers to parish and town councils, so that they can take up some of the very local responsibilities that would previously have been the remit of district councillors. That would enable a local element to be retained in local governance. I will leave it there and hope that the Minister will have some sort of response to it.

The second element is the size of the two unitary councils and the number of councillors they have. One has got 93 and the other has 78. In my experience, that is quite a large number. The Explanatory Memorandum states that there will be a boundary review for those wards before the next local elections in 2025. Are the Government thinking about reducing the number of councillors, because that is what a boundary review could achieve? On balance, having fewer councillors might improve governance but, on the other hand, it increases the size of wards and makes it more difficult for ward councillors to undertake their local responsibilities. Is that in view?

My next point is a general one about when there are 93 councillors—even 78—and only 10 of them are actual decision-makers. They are in the cabinet; they make the decisions for the council. That leaves another 83; they can do scrutiny, but they are not taking decisions, which is what local people expect them to be doing. Apart from the annual budget, the local plan and, perhaps, an annual children’s plan, there is not much that every councillor has to take decisions on. There has to be a rethink of the roles and responsibilities of councillors who are not in a cabinet. It can make councillors feel remote from decision-making. As ward size makes people feel remote, councillors feel remote if they are not in the cabinet. In my experience, remote decision-making fuels discontent and we should take note of that.

Paragraph 7.6 of the Explanatory Memorandum, which the Minister referred to, outlines the benefits of the new structure:

“aligning infrastructure; housing and environment services to help deliver growth; advantages in … health and wellbeing; improved education and skills provision”,

though I have to say that the responsibilities of local councils regarding education are very limited these days. The levers that they have to change anything are minimal, so I would not have referred to education in that way. Does the Minister agree that there could be an alternative to achieving that aim, which I think will come up in the next few months in a number of ways? A constructive collaboration, formalised between districts and the county, could achieve the same aims without the upheaval of a structural reorganisation. This would be an upheaval, and it takes a long time—several years—for councils to get on their feet and begin delivering strategically, not operationally, the services that they should.

Grenfell Tower Inquiry: Phase 1 Report

Baroness Pinnock Excerpts

Thursday 31st October 2019 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, what a privilege to follow the magnificent maiden speech of the noble Lord, Lord Woolley. I have long been an admirer of the work of Operation Black Vote, and of the noble Lord as its inspiration. As he has described, huge strides have been made in social and racial equality in the past 20 years, much of it the result of his campaigning work. I thank him. Having heard him speak today with insight and passion, it is clear what a significant difference he will make to the work of this House, as well as continuing his campaigning zeal across the country. I wish him good luck.

There are just a few tragic incidents of such magnitude and horror that they become seared into our collective memory: Aberfan, the “Herald of Free Enterprise”, Lockerbie—and now Grenfell.

Grenfell brought out the absolute best of human reaction: Grenfell residents supporting, caring for and rescuing others; the heroic efforts of the firefighters who put their own lives at risk. All those at the heart of that horrific fire need to know that reasons are unearthed and responsibilities allocated. The Phase 1 inquiry report is thorough and unflinching in setting out some of the answers. It says:

“The principal reason why the flames spread so rapidly ... was the presence of the aluminium composite material”,


as well as panels which,

“acted as a source of fuel”.

We should bear that in mind as we consider the responses of the London Fire Brigade.

What struck me as I read the report was that communication failure and lack of training were fundamental to how the emergency services responded. The control room operators were understandably inundated with calls. There were insufficient operators, and routing the calls to other fire and rescue services was not as helpful as it should have been because there was no ability to share information of the incident; as a consequence, differing advice was given. Neither did the emergency services have sufficient training in fire survival guidance or, crucially, the implications of a decision to stay or evacuate; nor were they able to give firm, clear messages when evacuation was the only option.

The lessons of the Lakanal House fire of 2009 have not been learned and here the Government bear considerable responsibility. Information between the control room and the site of the fire were totally inadequate. That finding in the report is quite astonishing; in itself, inadequate information-sharing contributed to poor decision-making at a senior level that surely led to lives being lost.

As we have heard from the noble Lord, Lord Harris, the report states that the communications equipment used by the LFB was unreliable and in some cases failed to work at all. How can it be that firefighters are asked to put their lives at risk without the invaluable aid of modern and effective communications equipment that is reliable in all situations? How can that be?

The failure in communication systems did not end there. Each of the emergency services that responded so heroically to the fire failed to share vital information. For example, as we have heard, each service declared a major incident at a very different time. During the incident, this lack of shared information meant that the nature and extent of the fire was not properly understood. Even helicopter surveillance of the fire was of little help as the pictures of the scene could not be communicated to the incident commanders because the downlink failed to function.

This catalogue of communication systems failures should be—must be—a lesson learned by emergency services and gold command operations across the country. In an age of easy, instant communications, it is simply shocking that the failures were so widespread. These failures have made me question whether the very deep cuts to government funding to the London fire service contributed to that communication failure, resulting in more lives at risk and more lives lost. There ought to be a review of the impact of these cuts in the light of Grenfell. Will the Minister respond to that?

This report focuses on the horrors of the day itself. It is rightly critical of operations, but also clearly indicates the failures of others; for instance, the landlord. A further obvious failure of communication was the lack of internal signage in Grenfell. The floor numbers were not clearly marked and, where there were floor numbers, they did not reflect the additional floors created during the refurbishment. That leads me to conclude that the managers of the building were not sufficiently concerned about the building’s safety or appearance, and that this reflects what they thought about their tenants.

The Grenfell Tower inquiry report is thorough. It concludes with over 40 detailed recommendations. It is the utmost duty of this Government not just to accept but to respond with urgency to all these recommendations to assure Grenfell survivors that the loss of their loved ones was not in vain.

Neighbourhood Services: Government Support

Baroness Pinnock Excerpts

Thursday 24th October 2019 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I draw the House’s attention to my registered interests as a councillor and a vice-president of the Local Government Association. I thank my noble friend Lord Greaves for initiating this important debate on the current state of, and future prospects for, neighbourhood services. I also draw the House’s attention to the fact that our Benches are less full than they would have otherwise been because today many are attending the funeral of a very special Liberal Democrat.

The National Audit Office produced an excellent report last year on the financial sustainability of local authorities. The data provided in the report admirably illustrates the spending cuts meted out to neighbourhood services. It states that there has been a 49.1% real-terms reduction in government funding since 2010, which translates into a 28.6% real-terms cut in spending power. However, that paints only part of the picture, as there is considerable variation between local authorities. For example, metropolitan and unitary councils have seen a 38% cut in spending power on non-social care services, and the shire districts a 25% cut. Even then, there is huge variation within those figures. As my noble friend Lord Greaves demonstrated, areas of greater deprivation are less able to raise funding through local taxation, thus the cuts there have been even greater. Fifty per cent is a huge cut in any local authority’s funding to provide services.

Further detail of service cuts in this invaluable report shows that libraries have experienced cuts of 33%, parks 27%, community safety 51% and highway maintenance 37%. The LGA survey of public perception last year shows that resident satisfaction rates with services is falling and, for highway maintenance, falling quite sharply—no surprise there for anyone who has to use local roads. The service cuts are becoming increasingly obvious to our residents.

What does that mean in practice for people who are, after all, paying more and more in council tax for less and less? Local authorities have protected spending on vulnerable adults and children in local authorities with those responsibilities, and focused budget cuts on neighbourhood services. In my own council of Kirklees, this has resulted in, for example, the Red House Museum being closed. It was the home of a close friend of Charlotte Brontë and features significantly in her novel Shirley. Of course, local people want to keep the Red House open to the public and a recent petition attracted more than 3,000 signatures from all over the world in a matter of days, but to no avail.

Libraries have been transferred for volunteers to run, while parks have much-reduced grass cutting, with some areas being neglected altogether. Local roads are in a poor state, as they are everywhere, with the Local Government Association reporting this year that funding available for the maintenance of local roads has dropped by £400 million. Across the country, residents have seen the closure of services such as libraries and museums, or a significant reduction in their opening hours, along with a considerable downgrading of the standard of service in, for example, parks and play areas. Provision has virtually disappeared in, for example, services for young people, or, as some people still call them, youth services. These cuts have been made by closing buildings and, in many cases, then selling those assets. In other cases, the service reduction has been achieved by cutting employees, as my noble friend Lord Greaves pointed out. We now have 34% fewer professional librarians than eight years ago and professional food safety inspector numbers have dropped by a staggering 60%.

The cuts to some neighbourhood services would be even worse if it were not for the increase in or introduction of fees charged by local authorities, as the report from the NAO clearly shows. Although it is difficult to be precise, the figures point to the fact that around 10% of the costs of providing neighbourhood services are now being borne by fees and charges, which means that in a sense they are just another tax on local people. Services are being diminished and the costs, either through taxation or charges, are rising as a direct result of the Government’s savage cuts to local funding. Here I disagree with the comments of my noble friend Lord Goddard, who believes that all this could be transformed by greater collaboration and more efficient, effective working. Yes, some of that can happen and that action taken by local authorities during the austerity years has shown that services can be provided more efficiently and effectively. However, you cannot keep cutting funding. In the end, public funding is an essential requirement for the delivery of public services.

The other way that councils have sought to manage the sharp reduction in funding is by increasing the number of volunteers. Volunteers are a huge asset to any council and enable local people to get involved and to shape service provision in a way that was not as readily available just a few years ago. Valuable though they are, however, volunteers cannot be expected to be completely responsible for council buildings or to take responsibility for running a service formerly provided by paid professionals. Volunteers are frequently drawn from the ranks of retired people, so the sustainability of a heavy reliance on them has to be questioned.

What are the consequences of these dramatic changes in public service provision? The impact on individual services is well documented in expenditure reductions, employee cuts, building closures, council tax rises and increases in fees and charges. What is not yet clear is the totality of the impact measured across a community. What the Government do not seem to appreciate is that councils are not simply the commissioners and providers of disparate services. All councils aspire to create healthy, safe and vibrant communities. Each of these service cuts has a different impact on individuals within a community: children who find that the football pitch is not being maintained to its former high standard; young people for whom diversionary youth services are appropriate, who now find alternative distractions, not always to their benefit or that of local people; readers wanting to use a now closed library, or unemployed people who need a library with public access to computers to complete job applications; and those suffering from mental ill health for whom a calming park or open space is a refuge, who find that it is now not as clean and well cared for. As for potholed roads, they are an unwelcome cost to individuals and businesses. Can the Minister let us know whether the Government have made an assessment of the cumulative impact on communities and individuals of this very significant reduction in neighbourhood services?

Parish and town councils in many areas have been able to take over the provision of some neighbourhood services to the benefit of local people. Can the Minister say whether the Government will actively encourage the creation of parish and town councils, including within metropolitan and unitary district council areas?

Neighbourhood services provide a vital lifeline for many individuals, as well as opening opportunities for those in more deprived communities. Flourishing communities with effective neighbourhood services help reduce demand for front-line services such as the NHS and social care. I hope the Government will begin to understand the enormous contribution of neighbourhood services to the well-being of local communities and begin to reverse the cuts in funding that have had a devastating impact on these much-valued and essential services. We on this side understand the vital nature of community services and will invest in them, and give powers to communities to make the decisions that affect them, for the well-being of all.

Homeless People: Prevention of Deaths

Baroness Pinnock Excerpts

Tuesday 1st October 2019 Lords Chamber

[Viscount Younger of Leckie]

I agree with the noble Lord, Lord Kennedy, and the rest of the House that one death in this way is one too many. I am very sorry to report that there was one further death in Wiltshire last night, which noble Lords may have heard of.

I will answer the noble Lord’s two questions. First, on the £10 million, we believe that this is enough, but clearly this is such a serious matter that we will keep this very much under review, but this is a figure that has taken account of the statistics. Secondly, of course I would be very pleased to meet the noble Lord and anybody else he cared to bring along to discuss the level of funding for this important matter.

[Baroness Pinnock (LD)]

My Lords, I draw the House’s attention to my local government interests. While the Minister has used the example of the Homelessness Reduction Act as being a good start, which I would agree with, the Government nevertheless have failed to repeal the Vagrancy Act, a nearly 200-year-old Act, which is still being used by police forces up and down the country to remove rough sleepers from the streets. In March 2019 the Ministry of Justice reported that, between 2014 and 2017, 6,518 people were found guilty under the Vagrancy Act. Does the Minister agree that the Act ought to be repealed at the earliest opportunity?

[Viscount Younger of Leckie]

This matter has not particularly come up in my brief. It was discussed, but I do not agree with it. Having said that, the noble Baroness has raised an issue that I will certainly take back and consider. As she will know, of course we are talking about deaths here rather than pure homelessness. Homelessness is bad enough in itself, but, as has been mentioned, the reasons for the deaths are based largely —52%—on drug misuse and alcohol misuse, and this is an area that I think we urgently need to look at. We are already, and have been for some time, in touch with the Department of Health and Social Care and also the DWP. This, I think, is the real essence of the problem.

Non-Domestic Rating (Lists) Bill

Baroness Pinnock Excerpts

2nd reading (Hansard): House of Lords
Monday 30th September 2019 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, it is always good to follow the noble Earl, Lord Lytton, on the subject of business rates because he has such considerable knowledge about how they work and what the consequences of any changes might be. Before I begin my comments, I draw the attention of the House to my interests as a vice-president of the Local Government Association and as an elected councillor on Kirklees Council. I welcome the Minister to his new role and look forward to our exchanges. I am sure they will be very positive and constructive.

The principle of the Bill, which is obviously to reduce the gap between revaluations of properties liable for non-domestic rates from five years to three, is one which we support. It is generally supported by the business community and, in essence, it should provide more certainty for businesses, as there should be less chance of wild fluctuations in valuations which are, after all, dependent on rental value, which is itself a reflection of the national and local economy at any one moment. However, such a change raises questions about implementation and wider concerns about the sustainability of the business rates regime.

The first question is one of practicality. Can the Minister confirm that additional funding will be made available to the Valuation Office Agency to ensure that revaluations can be fulfilled in the much reduced timescale? Obviously, he has also already referred to the current cost of £50 million, but clearly that has been over a longer timescale than the three years being proposed in this legislation.

Secondly, local government is now reliant on business rates income for basic service provision. Will the Minister confirm that any fall in the total national take from business rates will not lead to a reduction in funding from this revenue stream for local government? A briefing from the Local Government Association has drawn attention to the fact that more regular and accurate information is required from businesses so that the valuation office can provide more accurate revaluations. A consultation was apparently due last year but has not taken place. Can the Minister explain how more accurate information is to be supplied to the valuation office so that it can make judgments about revaluations in a timely manner?

Thirdly, we are concerned about the number of appeals that flow from any revaluation. Currently—as I am told in the Local Government Association briefing—there is a very large backlog of appeals, even from the 2010 revaluation, for which councils had to set aside more than £2.5 billion in case appeals were granted. That money is obviously set aside to cover those risks. That is a considerable amount of council funding to be set aside when councils are under such pressure for the provision of services.

Then there are more fundamental questions about the sustainability of the existing business rating regime. There have been many questions and comments in your Lordships’ House over the last few years on the failure of the current system to demonstrate that it is, in principle, fair to businesses. I suggest that a fundamental and radical reform of business rates is needed. The noble Earl, Lord Lytton, also drew attention to that. The Government are allocating funding in a desperate attempt to revive declining town centres. However, at the same time they fail to appreciate that one of the biggest costs for small businesses, including independent retailers, is the business rates bill. Meanwhile, town centre businesses are competing with online businesses, which are able to operate from out-of-town warehouses and pay significantly less, pro rata, in business rates. The model is broken and must be reformed.

The Liberal Democrats have agreed a policy for such reform, which would scrap business rates altogether and replace them with what we have called a commercial landowner levy. The basic principle of this tax system is to tax the land, rather than the property and the investment in improvements that sometimes goes with it, as the current system does. It is estimated that businesses would receive a significant boost to profitability in this way, particularly in those areas of the country that are in desperate need of a funding boost to kickstart a revival in their fortunes.

The Government have occasionally hinted at the need for a more substantial reform of business rates. Can the Minister provide any indication of whether businesses may anticipate some policy statement to that effect from the Government? Will he also reflect on the challenge to the climate change emergency of favouring out-of-town warehouses, highly dependent on road transport, over more local shopping habits, and whether the latter should be encouraged rather than the former? With that array of questions, I look forward to the Minister’s responses.