Housing: Private Rented Sector

Baroness Scott of Bybrook Excerpts

Thursday 12th January 2023 Lords Chamber

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

Our priority is to ensure that everyone lives in a decent and secure home. The proportion of private rented sector households has remained relatively stable for nearly a decade, currently accounting for 19% of households. At present, demand for PRS properties is greater than the available supply due to a range of factors, and we continue to monitor the market. We will publish a full impact assessment, setting out the costs and benefits, of our planned private rented sector reforms.

[Lord Carrington (CB)]

I thank the Minister for her response. Clearly, the supply of houses for rent is an increasing problem. I want to focus on the methodology of energy performance certificates used by the Government for upgrading efficiency. By an early date yet to be confirmed, all rental properties must have an EPC rating of C, which is likely to be both very expensive and unachievable for many properties. EPCs were introduced in 2007 to measure the efficiency of a house based on average energy consumption. While there have been adjustments, the relevant standards still take little account of the age and character of the house, or the carbon embodied in it, so all houses are assessed on the same basis. Therefore, EPC remedies are often based on inappropriate standard assumptions. Please could the Minister tell us how and when this blunt tool will be replaced by a measurement that is fit for purpose?

[Baroness Scott of Bybrook (Con)]

My Lords, I do not agree that it is a blunt tool. We propose to apply to new tenancies a requirement for an EPC rating of C and raise the maximum spend that landlords are required to invest to £10,000 from April 2025, and to all tenancies by April 2028—the noble Lord is right. If we are going to meet our net-zero strategy, we have to commit even further to consulting on phasing in even higher minimum performance standards. That will take place through the social housing sector but also through the private rented sector.

[Lord Young of Cookham (Con)]

My Lords, further to the noble Lord’s original Question, is there not an inevitable tension between the interests of the private landlord on the one hand, who wants access to his capital or property and is therefore interested in a short lease, and the interests of families and tenants on the other hand, for whom renting may now be the only tenure and who want a much longer lease? Should we not be moving far more quickly to the position that exists in most other countries, where good-quality rented accommodation is provided by financial institutions as a long-term investment, as they are more prepared to issue the long leases that tenants increasingly want?

[Baroness Scott of Bybrook (Con)]

My noble friend brings up an extremely important point. The Government have always welcomed new institutional investments in the private rented sector and will continue to do so. We have also made a number of interventions to support the build-to-rent sector, such as the build to rent fund and the private rented sector guarantee scheme. Build to rent boosts housing supply and diversifies the private rented sector, but it also increases quality and choice for renters in cities and towns across the country. I will take the noble Lord’s views back to the department, and we will look into this further.

[Baroness Thornhill (LD)]

My Lords, I thank the Minister for her answer to the first part of the Question, but does she accept that part of the reduction in supply is due to some landlords choosing the more lucrative Airbnb lettings and platforms, and that the Government’s policy to restrict mortgage interest relief on buy-to-let mortgages has inadvertently contributed to this loss of homes by exempting those lettings from that relief? Will the Government look seriously at this and other tax issues to level the playing field in order to attract landlords back to much-needed longer secure tenancies?

[Baroness Scott of Bybrook (Con)]

The noble Baroness brings up an important point. We know that this has become more important over the last year. We have committed as a Government to consult on the introduction of a use class for short-term lets; I think that is important. Subject to the outcome of that consultation, this will help local authorities to better control the increase of such uses where landlords seek to use existing homes for short lets, rather than using them for longer lets.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, given the ongoing cost of living crisis and the reliance of many people for survival purposes on food banks, what impact do the Government believe the lack of available homes to rent is having on the ability of councils and other providers to provide for the homeless?

[Baroness Scott of Bybrook (Con)]

My Lords, any shortfall in the number of permanent long-term homes available in the market will have a pressure on people looking for those homes and could put pressure on their household budgets, because if people are desperate for housing they will pay more than maybe they should have to. The Government are looking at all that. However, we have helped tenants and all people across this country. We have put in £37 billion of support for people who need it in 2022-23 to help us through this difficult time, and we will continue to look at making sure that we have as many houses of all types of tenure in our stock available for people.

[Lord Bird (CB)]

Is it possible to look at the tragedy of increased evictions that is happening now? Are the Government going to come up with a solution to these two opposites: the tenants who can no longer afford the increase in rent and the landlords who are stymied in a similar way? We need, and I recommend, a debate in the House about this problem.

[Baroness Scott of Bybrook (Con)]

I am afraid that I have to answer the noble Lord that it is not up to me to agree to a debate, but I am sure that the Front Bench along from me has listened to what the noble Lord said. It would be an interesting debate.

[Lord Naseby (Con)]

My Lords, I recognise my noble friend’s sincerity in her initial Answer. Nevertheless, 95,000 families are living in temporary accommodation. In recent months, we have seen rent rises nationally of 17% and as high as 59% in some boroughs of London. Will my noble friend put some motion and activity behind a proper analysis so that we can produce an urgent way forward?

[Baroness Scott of Bybrook (Con)]

The Government have made it clear that, within this Session, they will bring forward the private renters Bill, which will look at the issues that my noble friend raises, as well as many others. The Government have allocated £654 million in funding this year and next year on homelessness and people in temporary accommodation. Recently, because of those issues that we know are happening, we have topped that up in December by another £50 million. We are doing everything that we can in this difficult time to support these vulnerable people.

[Baroness Taylor of Stevenage (Lab)]

My Lords, as a serving councillor, I deal with cases of homelessness every day. The number is increasing every day because of eviction from private tenancies and/or the affordability of those tenancies, and fewer landlords coming forward. With social housing waiting lists now at over 1 million due to decades of underinvestment in social housing and an annual loss of 24,000 social homes a year due to demolition and sales under the right to buy, what are the Government going to do to address the housing emergency?

[Baroness Scott of Bybrook (Con)]

My Lords, the Government are doing many things. When the renters reform Bill comes through—it was a Conservative Party manifesto commitment—it will look at these issues, particularly in the private rented sector. However, this is a much bigger issue across all sectors, as the noble Baroness said. We are doing an enormous amount, as I have said and am not repeating, and will continue to do so. Just to say, I think that an important thing that will come out in the renters reform Bill is that we will remove Section 21 evictions.

[Baroness Butler-Sloss (CB)]

My Lords, have the Government thought of supporting prefabricated buildings for the social sector?

[Baroness Scott of Bybrook (Con)]

The Government have not considered that, although we may have to consider such measures for temporary accommodation as a result of pressures due particularly to immigration from Ukraine and Afghanistan. However, it is up to local authorities to find innovative responses to the pressures that they are under.

Residential Leaseholders

Baroness Scott of Bybrook Excerpts

Thursday 12th January 2023 Lords Chamber

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and declare my interest as a leaseholder.

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

Ah, the noble Lord, Lord Kennedy—once again. The Government have been clear about our commitment to addressing the historic imbalance in the leaseholder system, as he knows. The Leaseholder Reform (Ground Rent) Act 2022 came into force in June last year. These changes to ground rent for future leases are just the beginning of our reforms. Further legislation will follow later in this Parliament. It is a complex long-term reform programme, and it is important that we get the detail right.

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

My Lords, I am aware and am grateful that the noble Baroness is committed to leasehold reform. I have no doubt about that. The Bill, when we get it, needs to: be ambitious by giving proper rights to leaseholders; enable them to purchase their freehold if they want to; make greater use of commonhold; or just get rid of the stupid, petty rules such as the colour of the curtains that one can hang in one’s own home or the outrageous rip-off charges levied against leaseholders, day in and day out. What assurance can she give the House that the Bill will be truly ambitious and transformative, not just a damp squib?

[Baroness Scott of Bybrook (Con)]

My Lords, the Government have already committed to: making it easier and cheaper for leaseholders to extend their lease or buy their freehold; banning new leasehold houses, so all new houses will be freehold from the onset rather than in exceptional circumstances; delivering a reformed commonhold system as an alternative to leasehold ownership for flats; and giving leaseholders more information about what their costs cover and ensuring that they are not subject to unjustified legal costs. I am sorry that the noble Lord could not find time to come to a meeting that I agreed to the last time I was at this Dispatch Box talking about the same issue. It was at that meeting that we discussed what noble Lords were expecting to see and how we could meet those expectations. However, as I say, we will bring forward further leasehold reforms later in the Parliament but I cannot say at this time exactly what date it will be.

[Viscount Hanworth (Lab)]

The Minister will be aware that the property companies that own freeholds are able to impose on leaseholders any legal costs that might arise from a leaseholder’s appeal to a tribunal in the face of the freeholder’s exorbitant service charges. When will this extraordinary legal anomaly be redressed?

[Baroness Scott of Bybrook (Con)]

The Government believe that leaseholders should not be subject to unjustified legal costs and should be able to claim their own legal costs from their landlord. The Government are committed to taking action to address this as soon as possible.

[Lord Bellingham (Con)]

My Lords, the Leasehold Advisory Service does an excellent job, but is there an argument to have its remit extended to casework?

[Baroness Scott of Bybrook (Con)]

That is an interesting remark that I will take back to officials to discuss further. I will come back to my noble friend.

[Baroness Pinnock (LD)]

My Lords, I want to pursue what the noble Lord, Lord Kennedy, called rip-off charges, which the Government could take urgent action to address. I shall give the Minister an example. Fire doors are now to be inspected—rightly. Leaseholders are unable to make the arrangements for that inspection but freeholders or their agents do. One leaseholder contacted me to say that they are being charged £80 for their front door to be inspected each time—£320 a year. That is a rip-off service charge. What on earth are the Government going to do to address these rip-off service charges?

[Baroness Scott of Bybrook (Con)]

I cannot comment on the individual case, but the law is already clear that service charges must be reasonable. That is set out in Section 19 of the Landlord and Tenant Act 1985. If leaseholders feel they are being ripped off, they can apply in First-tier Tribunals for determination on this. However, I agree that there is more to do. The Government are committed to ensuring that charges, particularly service charges and these extra charges, are transparent. There should be a clear route to challenge or redress if things go wrong.

[Baroness Andrews (Lab)]

My Lords—

[The Lord Bishop of Chelmsford]

My Lords, in light of the commitment made by the big six lenders to accept mortgage applications for flats with building safety issues from Monday 9 January, will the Minister confirm that the Government will monitor their lending decisions to ensure that this time their commitments will be fulfilled, so that this part of the housing market can be unfrozen?

[Baroness Scott of Bybrook (Con)]

The right reverend Prelate brings up an interesting point. I do not know exactly what the Government will do, as the announcement was made only this week. However, I will find out exactly how we will monitor them and the process, and come back to her.

[Baroness Andrews (Lab)]

My Lords, I apologise to the right reverend Prelate. Can I press the Minister on the timetable? She said that she expects the Bill to be introduced before the end of this Parliament. Does she mean that it will be introduced before the election? It is not only disappointing that we have had delays but profoundly destabilising. For example, leaseholders no longer know whether it is safe to pursue enfranchisement or whether they should wait for the Bill. Another thing that has happened in recent years, with the extension of permitted development, is that there are blocks of flats with leaseholders held captive by freeholders who are pursuing upward extensions under permitted development, without the protection of law. These leaseholders do not even have protection in case they have to be decanted while building works are going on. It is a very serious situation and it is accelerating. I would like the Minister to advise on that point.

[Baroness Scott of Bybrook (Con)]

As I have made clear a number of times at this Dispatch Box, these measures were in the manifesto in 2019. We have always said that we will bring forward a reform Bill in this Parliament and that is what we intend to do. We just have to wait and see; I am very sorry. I totally understand that this is causing some issues in the sector. That is why we will get the Bill through as soon as we possibly can, but it has been quite complex and we need to get it right.

[Lord Young of Cookham (Con)]

My Lords, I welcome the commitment that my noble friend has just given to make it easier for leaseholders collectively to enfranchise, to make it easier for an individual leaseholder to extend the lease, and to move more towards a system of commonhold rather than leasehold. I understand that she cannot give a commitment about the timetable but, given that work on the Bill is clearly well advanced, can she consider publishing it in draft so that when it comes forward it can have a speedier passage?

[Baroness Scott of Bybrook (Con)]

I would love to put the Bill out in draft, because I would love to stop these Questions coming every three months from the noble Lord, Lord Kennedy. We have committed as a Government to making enfranchisement easier and cheaper for leaseholders, and that is important. We have also committed to abolish marriage value cap ground rents in enfranchisement calculations and prescribe rates to be used. We have already made clear that this is what we will do. We just have to be patient until the Bill comes forward.

[Lord Best (CB)]

My Lords, back in 2018 the Government set up the regulation of property agents working group, which I had the honour of chairing. This came forward with proposals that managing agents for blocks of flats who look after leasehold properties should be properly regulated, to deal with a number of the issues that have been raised. Can I have the Minister’s assurance that this ingredient will form part of the new Bill?

[Baroness Scott of Bybrook (Con)]

I have not seen the new Bill, so I cannot give that assurance. However, I am aware of the noble Lord’s review and I know that we are still considering it.

[Lord Whitty (Lab)]

My Lords, this Question has been about the plight of leaseholders, and the previous one was about private tenants. There are also problems in social housing and for people paying their mortgage, or indeed being able to afford a mortgage in the first place. Do the Government not recognise that all the things the Minister has referred to are a piecemeal approach to this? We have a crisis in every different sector of tenure in the housing market. It is important that the Government do not rely on the smaller measures to which she has referred—and given no date for. We need a whole new approach to housing policy and a whole new relationship between the Government, local government, landlords and, particularly, the big house builders and developers, who seem to make more money from knocking down buildings than they do from increasing affordable supply.

[Baroness Scott of Bybrook (Con)]

The Government are totally aware of the issues relating to all sectors of the housing industry in this country and those that affect tenants and home owners at the moment. We are dealing with this, but it has to be dealt with in this way; you cannot throw the whole thing up and look at it in one big piece. It has to be dealt with well and properly for the future, because a good, secure and decent home is what everybody deserves and is certainly something that is important for this Government.

Social Mobility Commission

Baroness Scott of Bybrook Excerpts

Thursday 12th January 2023 Lords Chamber

[Lord Watson of Invergowrie]

To ask His Majesty’s Government whether they intend to review the skills and experience required for the role of Chair of the Social Mobility Commission, following the resignation of the previous chair.

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

My Lords, leadership of the Social Mobility Commission requires a strong understanding of, and a demonstrated commitment to, the cause of social mobility, particularly in education and business. We sought a chair with excellent leadership and persuasive communication skills. Both Katharine Birbalsingh and the interim chair, Alun Francis, displayed these skills in abundance through their initial recruitment and their work at the commission in delivering a fresh approach to deep-rooted challenges. We have no plans to review the job specification for this role.

[Lord Watson of Invergowrie (Lab)]

My Lords, the Minister is working overtime today. To ensure she is on the appropriate rate, I suggest she has a word with my new noble friend Lady O’Grady of Upper Holloway, whom I am very pleased to see in her place. I thank the Minister for her reply, but the resignation of Katharine Birbalsingh came after just 14 months and after a number of statements were made which demonstrated that she was ill equipped for the role. She was appointed in addition to her day job as a head teacher. The issues of social justice that need to be addressed are so pressing that I do not believe it is realistic to expect the person tasked with leading that work to do so in their spare time. Will the Government recognise those pressing issues and the increasing level of child poverty—which, incidentally, used to be in the title of the Social Mobility Commission—by refocusing, by renaming the body the social justice commission and by making its chair a full-time role?

[Baroness Scott of Bybrook (Con)]

My Lords, the Government have no plans to do that. Katharine made very clear why she left in her article in Schools Week. The Minister for Women and Equalities has been very clear about how grateful she is to Katharine for her time as chair and also to Alun Francis, her deputy, who has now taken over as interim chairman. The commission has done excellent work under Katharine’s chairmanship and Alun’s deputy chairmanship, and that work will go on, so we have no plans to change anything at the moment.

[Lord Addington (LD)]

My Lords, as I have read it, the person who has resigned felt that they were doing more harm than good in the end. Can the Government make sure that they define exactly what they are supposed to do, and that the public know what that is, so that when the next person takes up this role on a permanent basis, we can all know what to expect and they can know what to deliver?

[Baroness Scott of Bybrook (Con)]

My Lords, it is very clear what the SMC should be doing. It is written down in its agreement with the Government. It has been delivering that, and it will continue to deliver that. I know that the commission met on 9 January under the deputy chairman, Alun Francis, and it is continuing to work and continuing with the priorities set previously by Katharine, Alun and the commission.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I offer the Minister congratulations on answering three Questions out of the four, particularly since she has done so without any support from officials in the Box. I have never seen this before. In view of the debate that we are about to have on relations between Parliament and the Executive, does this indicate how the Department for Levelling Up, Housing and Communities shows no real interest in the proceedings of this House?

[Baroness Scott of Bybrook (Con)]

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

[Baroness Hayman of Ullock (Lab)]

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

[Baroness Scott of Bybrook (Con)]

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

[Lord Geddes (Con)]

My Lords, does my noble friend consider it seemly that reference should be made to the most senior officer of a board as an inanimate object?

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[Baroness Scott of Bybrook (Con)]

I certainly would never want to be called a chair; I have always required people to call me a chairman. That is the name of it, but perhaps I am a little old-fashioned.

[Baroness Hussein-Ece (LD)]

My Lords, given that social mobility has been decreasing over several decades now, will the Minister define what the Social Mobility Commission and the new tsar should be doing to improve this? All the evidence shows that it is not working.

[Baroness Scott of Bybrook (Con)]

My Lords, it is working. The annual State of the Nation report from the Social Mobility Commission, published on 23 June, talks about the progress made towards improving social mobility in this country. Produced under the previous chairmanship of the commission, it sets out a new approach to social mobility. It introduces a new social mobility index, which provides a systematic way of measuring social mobility across the whole of the UK. Data will now be compiled annually and at longer intervals of five and 10 years. This is important because we need to show the trends and to be able to prove it, as at times we get conflicting evidence about what is happening to social mobility. Certainly, the number of children from deprived areas who are going to university is going up.

[Lord Baker of Dorking (Con)]

My Lords, the Minister will know that two months ago, the commission reported that schools were no longer agents of social mobility. She will also know that universities now are not always guaranteed agents of social mobility because of the high level of graduate unemployment or underemployment. Will she ensure that whoever becomes the head of this commission really understands that the curriculum in general schools today is not serving the purpose of social mobility for hundreds of thousands of students? At least 300,000 students are disadvantaged still.

[Baroness Scott of Bybrook (Con)]

I thank my noble friend for that. I will certainly take that back. I am almost sure that anybody who will be chairing this commission or serving on it will have all that information in front of them and be looking at it in detail.

[Lord Grocott (Lab)]

In an answer to an earlier question, the Minister referred to the remit and the scope of the work of this body on social mobility. Is there not a glaring problem in this House, where there is a clear restriction on any kind of social mobility? I am referring to the 92 places that are reserved for hereditary Peers. Is there any progress at all towards greater social mobility among this sector, and if not, why not?

[Baroness Scott of Bybrook (Con)]

I have no answer for the noble Lord on that one. The questions I am answering are on a completely different subject.

[Lord Lexden (Con)]

My Lords, as my noble friend Lord Baker of Dorking pointed out, the key to greater social mobility must lie in education reform. By a happy coincidence, this House is about to establish a Select Committee on that very subject.

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[Baroness Scott of Bybrook (Con)]

I agree with my noble friend that it has to start with education. That is why we had an extremely strong person in the chair at the time: her views on education were different, but they were extremely strong about the importance of education for children and for social mobility. I am pleased that we have a new Select Committee discussing this issue, and I hope that it will take forward those issues because they are important.

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

Baroness Scott of Bybrook Excerpts

Tuesday 20th December 2022 Lords Chamber

Moved by

[Baroness Scott of Bybrook]

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

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

My Lords, this statutory instrument delivers a transitional relief scheme to protect businesses from large increases in their business rates bill when new property valuations come into effect on 1 April 2023. This will help around 700,000 properties with £1.6 billion of relief over the next three years.

The scheme, which is a significant part of the measures on business rates announced by my right honourable friend the Chancellor at the Autumn Statement, will cap bill increases after the revaluation by a set percentage each year. This will give certainty to businesses and, for the first time, ensure that 300,000 properties with falls in rateable value will see a full and immediate fall in their bills on 1 April.

As the Chancellor set out in his Autumn Statement, revaluations are an important and necessary part of the proper administration of the business rates system. By updating valuations so that they reflect market conditions, we make sure that the tax burden is fairly distributed. The new set of rateable values, which were published in draft last month and will be applied from 1 April, will therefore produce a fairer business rates system in which rates bills follow the up-to-date valuation of the property. The revaluation will build on measures we already have in the system to help ratepayers. Noble Lords will likely be aware that there is already a substantial amount of support through, for example, small business rate relief, which ensures that about 700,000 of England’s 2 million business properties pay nothing at all.

This scheme, at £1.6 billion of the total £13.6 billion package, will help around 700,000 properties transition to their new bills. Unlike previous schemes, it will not require ratepayers to wait years to see the benefits of falling valuations. The results of the Government’s recent transitional relief consultation were published alongside the Autumn Statement and clearly show businesses’ preference for the type of scheme we are putting in place.

The Government have listened to ratepayers and are delivering significant reform to transitional relief by removing the system of downward transition under which caps on increases were funded by restricting falls in bills. By scrapping the caps on the annual reduction in bills, some 300,000 properties with falls in rateable value will see a full and immediate fall in their bills on 1 April 2023.

Nevertheless, under current law—the Local Government Finance Act 1988—we are required, when making these regulations, to have regard to the object of ensuring that they are self-financing. To meet this legal requirement, we have included in the regulations a supplement of 3.3p on every £1 of rateable value to be paid by ratepayers in 2027-28. If, as we are currently required to do, we must include funding within the regulations, we consider this to be the fairest and most reasonable option as it allows businesses five years to recover from the current economic circumstances before having to meet the costs of transitional relief. But it is the Government’s intention—subject, of course, to the will and approval of Parliament—that no business will ever have to pay that supplement. We intend to bring forward primary legislation to reform the transitional relief, allowing us to remove the supplement so that the Exchequer shoulders the cost of capping bill increases after a revaluation.

Revaluations are important. They rebalance the burden of business rates across the tax base, making sure that they are a fair distribution. But, clearly, given the economic climate we are in, some ratepayers need support to transition to their new bills. This instrument, along with the wider support package announced by the Chancellor, provides the support that businesses need to manage the revaluation with greater certainty. I commend the regulations to the House.

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[Baroness Hayman of Ullock (Lab)]

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

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

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

“A total of 102 responses were received”—


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

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

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

[Baroness Scott of Bybrook (Con)]

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

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

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

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

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[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend write to me about the 3p? Also, if two-thirds of the hospitality sector will see a reduction, does that mean that one-third will see an increase?

[Baroness Scott of Bybrook (Con)]

No, I am not saying that. The whole hospitality sector will have special consideration, as was said in the Chancellor’s speech and the Autumn Statement. On the 3.3p in the pound, that is what will have to be paid by 2027-28 if we do not change primary legislation in the meantime.

I think that is everything and I hope that noble Lords will join me in supporting these regulations. I beg to move.

Motion agreed.

Housing: Cost of Living

Baroness Scott of Bybrook Excerpts

Thursday 15th December 2022 Lords Chamber

[The Lord Bishop of Chelmsford]

To ask His Majesty’s Government, given the increased cost of living, what actions they will take to ensure that housing is affordable in relation to household incomes in (1) the private rented sector, (2) the social housing sector, and (3) for homeowners with mortgages.

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

My Lords, the Government recognise the cost of living pressures that people are facing across this country, particularly this winter. Local housing allowance rates have been maintained at their increased level following a boost in investment of nearly £1 billion in April 2020. The Government have also capped social housing rent increases for 2023-24 at 7% to protect social tenants from higher rent increases, and last week we published a mortgage support statement setting out the support available to mortgage holders.

[The Lord Bishop of Chelmsford]

My Lords, I thank the Minister for her Answer to what I know was quite a broad Question. However, this winter nearly 1 million private renters are at risk of being evicted, many social housing tenants struggle despite the Government’s 7% social rent cap and home owners face high interest rates. If ever there were a need for a long-term cross-party housing strategy to address the lack of truly affordable housing, surely it is now. Will the Minister commit to developing such a strategy, as recommended by the Archbishops’ housing commission report, Coming Home?

[Baroness Scott of Bybrook (Con)]

I thank the right reverend Prelate for that question, and I think it is an extremely interesting opportunity. I would like to talk to her in further detail about that because I have read the report Coming Home and I think the idea of the five S’s—sustainable, safe, stable, social and satisfying housing—is a wonderful thing to aspire to. I cannot offer her a long-term cross-party review at this time, but I would like to talk to her further and talk to my officials about that.

[Lord Young of Cookham (Con)]

My Lords, 20% of families in England now rent privately and one-third of them rely on housing benefit. That is capped by the local housing allowance, which was fixed on rents in 2019 and has been frozen for five years, although rents are rising rapidly—by 12% in the last year. This means that a family with a two-bedroom house faces a shortfall of some £1,500 a year that they have to meet out of the rest of their benefit. Does my noble friend recognise the difficulties that this can cause? Is there a case for the Chancellor, in his forthcoming Budget, reviewing the decision to freeze the local housing allowance?

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

I think my noble friend understands that I cannot offer anything on behalf of the Chancellor next spring, but I can say that it is something that we need to discuss. I shall be taking this issue back to officials to discuss it fully before we get anywhere near the Spring Statement.

[Lord Sahota (Lab)]

My Lords, in 1980 some 30% of housing was available for rent as social housing; now that figure is down to 17%. Given that there are around 190,000 people on local authorities’ waiting lists for houses, what are the Government going to do about the acute shortage of social housing?

[Baroness Scott of Bybrook (Con)]

The noble Lord is right that it is a challenge for this country and this Government to provide more affordable homes. That is why we have an £11.5 billion affordable homes programme, which will deliver tens of thousands of affordable homes right across the country. It is important that we are delivering that, and we will continue to do so.

[Baroness Manzoor (Con)]

My Lords, what are the Government doing in relation to SMEs working in the housing sector, particularly given inflation and rising finance costs?

[Baroness Scott of Bybrook (Con)]

The Government have a number of schemes that we are using to support small and medium-sized house builders to help them to provide not only social housing but also private housing. I am happy to write to my noble friend with all that information.

[Lord Best (CB)]

My Lords, the Affordable Housing Commission, which I had the honour of chairing, has recommended a national fund to enable social housing landlords to acquire and modernise the properties of those private landlords who now want to exit from the market. Does the Minister agree that that would produce an enormously good bang for the buck? Not only would we swiftly get more social housing that was secure for those who lived in it, but we would see the modernisation of properties that need to be decarbonised, thereby reducing fuel poverty at the same time.

[Baroness Scott of Bybrook (Con)]

Yes, I agree with that. We are seeing some difficulties within the private rented sector because of the issues of the maintenance of these private properties, but also because of the expectations, as the noble Lord said, about the decarbonisation of those properties. That is why we are offering a number of funding streams to SMEs at the moment in order to do that.

[Baroness Thornhill (LD)]

My Lords, given the Minister’s earlier answer to the noble Lord, Lord Young, will she concede that the Government’s refusal to unfreeze housing benefit and raise the local housing allowance is ignoring a rental crisis that is already unfolding, particularly in the private rented sector, and that consequently this winter homelessness and evictions will increase? Have the Government done an impact assessment of that decision? More importantly, will they now consider a temporary ban on no-fault evictions, as happened during the pandemic?

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

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

[Baroness Hayman of Ullock (Lab)]

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

[Baroness Scott of Bybrook (Con)]

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

[Baroness Altmann (Con)]

My Lords, looking to the longer term, it is clear that there is a shortage of housing across the economy, particularly social housing. We have trillions invested in pension funds. Rather than the leveraged LDI products, would it not be sensible for the Government to facilitate and encourage more investment by pension funds in social housing, which can deliver a reliable income as well as benefiting the housing supply over the longer term?

[Baroness Scott of Bybrook (Con)]

My noble friend brings up a very interesting point. I have looked at that in the past from a local authority point of view. I will certainly take that point back and would like to talk to her more about it.

[Baroness Pinnock (LD)]

My Lords, leaseholders living in blocks that are under 11 metres are also at risk of losing their homes. They were excluded by the Building Safety Act from any grants for remediation for cladding and building safety works. The Minister has received from me a lot of emails from desperate leaseholders looking to the Government for support and help, to ensure that they do not have to fund the developers’ problems that were caused. They are at risk of losing their homes because of the high costs of cladding removal. Can the Minister now tell us what she and the Government intend to do to help these desperate leaseholders?

[Baroness Scott of Bybrook (Con)]

I am fully aware of the noble Baroness’s concerns about this issue. I have a large group of documents from her and am working my way through those with officials. I will come back to her to discuss it fully, as soon as I possibly can in the new year.

Voter Identification Regulations 2022

Baroness Scott of Bybrook Excerpts

Tuesday 13th December 2022 Lords Chamber

Moved by

[Baroness Scott of Bybrook]

That the draft Regulations laid before the House on 3 November be approved.

Relevant document: 18th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

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

My Lords, this statutory instrument is a key part of how we will implement the voter identification policy agreed in the Elections Act 2022. This area was debated extensively during the passage of the Act earlier this year. The Act was passed by both Houses and delivers on a government manifesto commitment.

Through this statutory instrument, we will be fulfilling a major manifesto commitment to

“protect the integrity of our democracy, by introducing identification to vote at polling stations”.

Gaps in our current legislation leave open the potential for someone to cast another’s vote at a polling station. Our priority is adopting legislation that ensures the public can have absolute confidence in the integrity of our elections and certainty that their vote belongs to them and them alone.

The introduction of a voter identification policy is the best solution to this problem and has long been called for by the independent Electoral Commission, as well as by international organisations such as the Organization for Security and Co-operation in Europe, which regularly monitors and reports on our national polls.

The statutory instrument sets out further detail on the new processes that will be put in place to help us implement this policy. First, it sets out the updated polling station conduct rules for a range of elections and referendums. It details exactly how photographic identification documents will be checked and how data will be recorded by polling station staff.

Secondly, it sets out a series of updates to the election forms. As you would expect, a number of existing forms such as poll cards have been updated to inform electors of the new requirement to show identification and the types of document that will be accepted. On top of these changes, there are some new forms, such as those polling station staff will use to record data that will help our planned reviews of the policy.

Lastly, the policy sets out details of the new electoral identity documents which can be obtained if someone does not already have an accepted document: the voter authority certificate and/or the anonymous elector’s document. These forms of photographic identification will be available to voters free of charge from their electoral registration officer and will ensure that everyone who is eligible to vote will continue to have the opportunity to do so.

[Baroness Taylor of Bolton (Lab)]

My Lords, on that specific point, can the Minister explain why younger people are treated differently to older people in terms of which documents will be accepted? Is that not a form of age discrimination?

[Baroness Scott of Bybrook (Con)]

I assume the noble Baroness is speaking about railcards, et cetera. We had that debate very clearly when the Bill went through. We have discussed it and I do not think there is any need to discuss it further.

[Noble Lords]

What is the answer?

[Baroness Scott of Bybrook (Con)]

Can I move on, please? The statutory instruments also sets—

[Lord Harris of Haringey (Lab)]

My Lords, my noble friend has asked a reasonable question. Perhaps the Minister could give the House the courtesy of a reply?

[Baroness Scott of Bybrook (Con)]

I have given a reply. The details of why we would not accept young people’s railcards were well discussed and debated at the time of the Bill. We are now discussing the statutory instrument to deliver that legislation that has already been discussed.

I will now move on. Showing photo identification is a part of day-to-day life for people in all walks of life and it is a perfectly reasonable and proportionate way to confirm that a person is who they say they are when it comes to voting. Indeed, it has already been a requirement to show photographic identification to vote in person since 2003 in Northern Ireland.

I must also speak to the two amendments tabled by the noble Baronesses, Lady Hayman of Ullock and Lady Pinnock. I thank them both for having met me in the past week to share their concerns and suggestions for this statutory instrument. On the amendment in the name of the noble Baroness, Lady Pinnock, we disagree strongly with the views that she has set out. We are aware of concerns that have been raised in the sector about the pressures that election teams may face, but the Government remain confident that the electoral administrators will be able to deliver this important measure to protect our democratic system from fraud. We have worked extensively with stakeholders across the sector to develop implementation plans, and extensive funding has been made available to local authorities to deliver the new processes and to the Electoral Commission for its national awareness campaign.

The Government also disagree with the suggestion that electors will be prevented from voting. As we have said on a number of occasions, everyone who is eligible to vote will continue to have the opportunity to do so. Any elector who does not have a suitable form of photographic identification will be able to apply for a voter authority certificate from their local electoral registration officer, free of charge. It will be possible to apply online or on paper, just as for registration to vote; indeed, it will be possible to register to vote and to apply for a certificate at the same time. We are working hard to make the application system as accessible and user-friendly as possible, and testing with both electors and electoral administrators is receiving very positive feedback.

[Baroness Taylor of Bolton (Lab)]

I am sorry to interrupt the Minister again but, if everything is as well prepared and clear as she suggests, why is the Conservative chair of the Local Government Association calling for a delay?

[Baroness Scott of Bybrook (Con)]

I am aware that he is calling for a delay. I have not spoken to him, and I do not know why he is doing so, because the electoral officers—

[Noble Lords]

Oh!

[Baroness Scott of Bybrook (Con)]

No. The electoral officers, who are independent in local government, say that they know it will be challenging, but they are confident that they will be able to deliver.

While I cannot agree with the substance of the noble Baroness’s amendment, I also note in passing my concerns about the form that it takes. It is not the usual practice of this House to decline to approve regulations giving effect to primary legislation that has already been passed—for sound constitutional reasons. It is also worth noting that the Liberal Democrats supported the introduction of photographic identification in Northern Ireland elections. The Liberal Democrat Front Bench told Parliament that

“we accept the need for a Bill ... The Liberal Democrats also welcome the Government’s intention to introduce an electoral identity card.”—[Official Report, Commons, 10/7/01; cols. 705-07.]

The legislation passed Second Reading without a vote. I would therefore urge noble Lords to join me in opposing this amendment.

On the regret amendment to the Motion tabled by the noble Baroness, Lady Hayman of Ullock, we fully support a review being held rapidly following the May 2023 elections. Scrutiny is essential to ensure that we can refine and improve the delivery of this policy for future polls. We have already committed to a review that will take place after the May elections. I can confirm our intention that the results of that review should be published no later than November 2023. Work is already under way with a research agency on gathering evidence to support the planned evaluation of voter identification after the May polls, alongside our in-house team of analytical professionals. However, to give the House comfort on the independence from government of the review, we are happy to increase the role of the external research agency to include the drafting of the final report, which we will of course publish in full. However, this is conditional on the amendment before us not being pushed.

We would also very much welcome further detailed parliamentary scrutiny of the results. However, we do not believe that a new specific Select Committee is the appropriate method to facilitate this scrutiny or to undertake the evaluation itself. It is the long-established practice of this House that the Liaison Committee considers and directs committee resource.

--- Later in debate ---

[Lord Cromwell (CB)]

My Lords, I spent probably the last 30 years organising election monitoring missions around the world. At the Brexit vote, which some noble Lords may remember, I had a group of young Europeans from right across new and old Europe come to look at how we did that vote. When I asked them afterwards what they thought could be improved, unanimously they said that they could not believe that people could go and vote without some form of identification as to who they were.

I do not think that is the problem we are trying to solve. I think we should have to produce identification; the problem to solve is how we make sure that everybody has it. The Northern Ireland example has been extremely instructive in that regard, and I hope that the Front Bench and the Government will be listening to some of the things said about the need for advertising and the need for ensuring that there is no excuse for people not having an ID card.

If I may finish, I remember many years ago saying to some students I was talking to who had come from Greece—I was a student myself—that I was not sure that I was going to bother to vote. They had grown up with the memory of the colonels, with a military dictatorship running their country, and gave me hell for saying that I was thinking of not going to vote. Now, if we can get that sort of mentality, the thing of “Oh dear, I can’t find my ID card,”—provided you had got one—would be a pretty lame excuse.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank noble Lords for their thoughtful contributions and say that I do not intend to rerun the arguments for voter identification. That argument has been won and it is now in legislation. But I will take a little time to further detail some of the points raised by noble Lords on the actual implementation, which is the important thing this evening.

I thank the noble Lords, Lord Browne of Belmont and Lord Weir of Ballyholme, for saying what it is like on the ground. These two noble Lords have lived with this over the last 20 years. They have seen it introduced. They have seen how it works for local authority and general elections and I thank them for that. I think the rest of us who are not living in Northern Ireland can never have that knowledge of how it works and how we can make it work in this country.

There was quite a lot of talk from the noble Baroness, Lady Pinnock, and others on support for local authorities to deliver this. Of course, we are aware of the pressures faced by local authorities—and the concerns that the Local Government Association brought up, I think, only yesterday—and their ability to deliver these changes. But we have been working very closely with them and, as I think my noble friend Lord Hayward said, this is not the beginning of it; this has been going on for a good seven months with the legislation there and they knew that this was coming along the line. We have been working with the sector. We have been planning the implementation of this policy and not only that we have been giving additional funds to local authorities so that they can carry out the new duties. The Government remain confident in their ability to successfully deliver these changes.

The noble Baronesses, Lady Pinnock and Lady Fox, and many others, said that the Electoral Commission’s budget would be inadequate for communications. The Electoral Commission’s budget for the January communications campaign is over £5 million, which will be supplemented by £4.75 million in funding for local communications—for local authorities to communicate in their own areas.

If this legislation goes through, the Electoral Commission will start its campaign in the middle of January. It will be national and across all types of national media, but local authorities will also have the money to do local campaigns. Along with national government, they do local campaigns very well to get voters to register for voting. This will be added to those campaigns, and I have every confidence that with the money they have, local government and the Electoral Commission will be able to deliver that.

My noble friend Lord Strathclyde is absolutely right. As I said, these arguments have all been had, but, as it came up again, I will repeat the point about the manifesto commitment. Voter identification was in the manifesto, and photo identification became a government discussion because it was found in our pilots to be the only approach that increased voter trust and confidence, which are key aims for this policy. We talked about it a lot during the discussions on the Bill, and I reiterate it now in case noble Lords think that we got it wrong again. We know what we said, and we know why we put in photo ID.

[Lord Rennard (LD)]

If it was clear what was in the Conservative manifesto and that voter identification meant photo identification, why did the noble Lord, Lord Pickles, who conducted a review of election law on behalf of the Conservative Government, conclude that photo ID was unnecessary and that voter ID in different forms, such as council tax bills or utility bills, would be acceptable? He said there was no need for the photo ID.

[Baroness Scott of Bybrook (Con)]

I do not think my noble friend is in his place, but when I next see him, I will ask him.

The noble Baroness, Lady Lister, mentioned people in poverty finding it more difficult. I remember that discussion and I know that my noble friend Lord True wrote to her. I am afraid I do not know what the outcome was so, again, with apologies, I will write to her about that because I know that it was an important issue for her then.

Digital exclusion is a different thing. Noble Lords would be surprised how many people—even those we consider to be in poverty—have phones. You can go to many libraries in this country and get access online. We also know that it can be done over the phone and by going to your local council. Wherever you can get registered to vote, you can also get your identity. If people are managing to get registered to vote, they can get identity as well. However, I will come back to the noble Baroness on who we are consulting as we go forward.

[Lord Stoneham of Droxford (LD)]

If registration is so important—I agree that it is—why did the Government not start this process when they started the campaigns for registration in September, rather than starting it in January?

[Baroness Scott of Bybrook (Con)]

If the noble Lord remembers, we had the death of Her Majesty, and that put things back slightly, but we are doing it now, and people register continually, so that issue is not terribly important.

The noble Baroness, Lady Lister, also brought up the deadline for applying for the certificate. She is right that it has gone to six days before the poll; I remember that we talked about it being the day before. We have been working with stakeholders in the electoral sector. We are mindful of the impact on administrators during a busy period and, on balance, have decided that six days strikes an appropriate balance between accessibility and certainty for not only the elector but the electoral officers.

One noble Lord said that a national insurance number was required, but actually individuals do not need a national insurance number to vote. They will be able to apply using other documents or attestations where they can provide an explanation for why they do not have a national insurance number. Some people have lost it or cannot find it, so there are other ways of doing that to make sure that they can get those documents.

There was quite a lot of talk about putting it back to the next election. After May 2023, there is a possibility that the next election will be a general election. In May 2023, only about two-thirds of authorities will hold polls. That means there will be more opportunity for authorities to learn from and support each other if necessary. If we have a local authority that is not holding an election next to a local authority that is, if it needs extra help in this first period, that is a possibility. The system is not at full stretch, as it always is during a general election. This is not about testing or devaluing local politics. It is a sensible way to run any new process in a system, rather than running it when we are at full capacity.

My noble friend Lady Verma got involved in the Bill; I thank her very much for her support. Again, she is somebody who talks to people on the ground, as we all do, and who has an understanding of how people in all communities feel about the importance of a fair voting system that they can trust.

The noble Lord, Lord Wallace, raised overseas voters. I will take that back to the department, but if he does not mind, I do not intend to talk about that today. My noble friend Lord Cormack raised identity cards, but I will not get into that debate today either.

Publicity is absolutely critical. I do not think I have talked about this, but once the legislation goes through, we will start this in mid-January, so there will be four to five months of clear publicity. That is important.

I thank my noble friend Lord Hayward. He and the noble Lord, Lord Rennard, are the ones in the House who talk and know the most about elections and associated matters. He is absolutely right about students. They will be home for Easter and, by then, they will have seen the campaign over two to three months. They will get their driving licence or passport, or will go to get the identity documents required. As he said, the launch in January is the launch of the big national campaign, but this has been going on for a long time.

I will look at Hansard, but I think I have answered most of the issues that were raised. I return to the fatal amendment tabled by the noble Baroness, Lady Pinnock. I have already made it clear that we disagree with its substance. We are confident of electoral administrators’ ability to deliver this important policy for the May 2023 elections. We have been working hard alongside them to refine and develop these processes and are at present conducting extensive testing of the digital systems that will support them.

Domestic Abuse Victims: Housing Benefit

Baroness Scott of Bybrook Excerpts

Monday 12th December 2022 Lords Chamber

[Baroness Thornton]

To ask His Majesty’s Government what plans they have to ensure that housing benefit for domestic abuse victims living in exempt accommodation is only paid to providers that have recognised expertise and who meet the standards in Part 4 of the Domestic Abuse Act 2021.

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

The Supported Housing (Regulatory Oversight) Bill would introduce national standards for all supported housing, including domestic abuse safe accommodation, as well as locally led licensing schemes. This new system will drive out unscrupulous and poor providers who are exploiting vulnerable people. We will work with supported housing providers, including specialist providers of safe accommodation for those fleeing domestic abuse, using already defined standards for all of those in safe accommodation. The detail of the licensing regime will be developed through consultation and in regulations.

[Baroness Thornton (Lab)]

I thank the Minister for that Answer. In a report in October, the Levelling Up, Housing and Communities Committee said that the exempt accommodation is a “complete mess”. Given this, I think the Minister needs to inform the House of situations where some women who are abuse survivors have had to run away, for the second time, from the housing that they were allocated, because the safe accommodation was as threatening and violent as the home they had just left, and sometimes even return to the violent home. It is therefore important that there is some timescale on this, because it is clearly an urgent matter.

[Baroness Scott of Bybrook (Con)]

The noble Baroness is correct: we cannot accept this. I am not sure that they flee from allocated housing; often, it is from rogue landlords. We are dealing with that in a number of ways, including through the supported housing improvement programme and the measures in the Domestic Abuse Act 2021. Those measures license those houses within local authority control, which are the ones that are normally allocated. Through this and the supported housing Bill, the Government are sending out a clear message to rogue landlords in the sector that we will not tolerate that poor-quality support and the exploitation of very vulnerable people.

[Baroness Manzoor (Con)]

My Lords, there is exploitation. We see terrible conditions in our housing sector, such as mould on walls and damp. These women are fleeing domestic violence, often with young children. What will the exact timescale be to ensure that we do not see these kinds of cases, which we see flashing past our screens almost every evening?

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

My noble friend is bringing up two issues. First, on mould and damp, the Secretary of State has made it very clear to social housing providers that this is not acceptable and he is keeping a very close eye on what they are doing and the outcomes of that. Secondly, regarding very vulnerable people, I urge anybody who needs help and support to go to their local authority. What worries me is that they are looking online for housing, and that is where they are being very badly exploited.

[Baroness Pinnock (LD)]

My Lords, following the Minister’s response about urging women who are suffering domestic abuse to go their local authorities, perhaps it would help if she looked at last September’s report from the Public Interest Law Centre, which outlined eight ways in which local authorities are not providing the support that they should under the legislation. For example, they are making offers of unsuitable temporary or long-term accommodation, and survivors are being refused support until a threat of legal action is made. Has the Minister seen that report? If not, will she do so and refer it to her department so that they can make some changes in the legislation?

[Baroness Scott of Bybrook (Con)]

I have not seen that report, but I will certainly look at it. Under the Domestic Abuse Act 2021, local authorities must commission enough of the right support to meet the needs of all of those victims and their children, and they must monitor and evaluate the effectiveness of that provision. Therefore, if they are not doing that, I will certainly take that back to the department and we will look into it further.

[Baroness Lister of Burtersett (Lab)]

My Lords, when freezing the housing allowance yet again, did the Government assess the impact on domestic abuse survivors and their children trying to establish themselves in independent accommodation?

[Baroness Scott of Bybrook (Con)]

Yes, the noble Baroness is right that that was a difficult decision in the economic climate as it is, but, as I have said in this Chamber before, we had to make a very balanced decision on rent and social housing rents because of the effect on the provider as well as on the resident.

[The Lord Bishop of Chelmsford]

My Lords, in addressing this very important Question, I think we should also consider the experience of migrant survivors who may have insecure status or no recourse to public funds or may be frightened of repercussions for contacting the police. Will the Minister outline what progress the Government have made in the light of the DAC’s recommendation to develop a long-term funding solution that ensures that a clear universal pathway to support is available to domestic abuse survivors regardless of migration status and whether they will be reporting on the results of the pilot project to support migrant survivors?

[Baroness Scott of Bybrook (Con)]

I do not know when the report is coming through, but these are the vulnerable people I was talking about earlier. They may have English as a second language, and they may be concerned about anybody in authority so they may be frightened to go to the right area, which is the local authority. I ask that anybody who has any contact with these people asks them to do that. At the same time, once the Bill comes through, providers will have to be licensed and they should not be licensed if they are not fit to offer this accommodation.

[Baroness McIntosh of Pickering (Con)]

Will my noble friend give an undertaking to the House, bearing in mind the stress that local authority budgets are under, that this funding will be ring-fenced for domestic abuse victims?

[Baroness Scott of Bybrook (Con)]

It will be ring-fenced and local authorities are well provided with money for this issue. There are also 26 pilots across the country that are getting £20 million. They are in the areas that are most affected by these rogue landlords. They will have money to spend to increase the learning of what they can do and to support them in getting rid of these landlords in their areas.

[Baroness Butler-Sloss (CB)]

My Lords, is the Minister aware that some of the victims of domestic abuse are also victims of forced marriage? Many of them are very young, and some of them are under 18. Will she make sure that they are helped in a way that is appropriate for very young girls?

[Baroness Scott of Bybrook (Con)]

Of course I understand that, and I will certainly take that back and make sure we are looking at that particular group of young women.

[Baroness Warwick of Undercliffe (Lab)]

Does the Minister accept that this needs to be seen in the context of a chronic shortage of truly affordable homes and that there has been a very considerable increase in the number of unscrupulous agencies exploiting gaps in the regulatory regime in order to claim higher benefit levels, effectively, without providing even the most minimal support? Can she confirm that the Government are aware of the extent of this problem now and where the problem arises and that the review that she has indicated has been undertaken will make sure that those unscrupulous agencies will be stopped completely?

[Baroness Scott of Bybrook (Con)]

Yes, the Government are aware and, yes, we always need more social housing. There are more and more pressures on social housing. The Supported Housing (Regulatory Oversight) Bill, which had its Second Reading in the other place on 18 November, is being supported by the Government. It should, through licensing and regulation, stop these rogue landlords for the future.

Combined Authorities (Mayoral Elections) (Amendment) Order 2022

Baroness Scott of Bybrook Excerpts

Monday 12th December 2022 Lords Chamber

Moved by

[Baroness Scott of Bybrook]

That the draft Orders and Regulations laid before the House on 1, 3 and 14 November be approved. Considered in Grand Committee on 5 December.

Motions agreed.

Called-in Planning Decision: West Cumbria

Baroness Scott of Bybrook Excerpts

Thursday 8th December 2022 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat a Statement made in another place earlier today by my right honourable friend the Secretary of State for Levelling Up, Housing and Communities. The Statement is as follows:

“With permission, Mr Speaker, I would like to make a Statement following the decision I made yesterday to grant planning permission for a new metallurgical coal mine at Whitehaven in Cumbria.

It is important to stress at the beginning of my Statement that I am speaking with regard to a planning decision that I have taken in my capacity as Secretary of State in what is a quasi-judicial process. Members of the House will be aware that the decision may, of course, be subject to a legal challenge, so I urge all Members of the House who are interested to read the decision letter, which was published yesterday, alongside the detailed report of the independent planning inspector who oversaw the public inquiry into the proposals. Any mature and considered response needs to take account of both my decision letter and the planning inspector’s report.

I will refer directly in my Statement to some of the arguments that the planning inspector has entertained and some of the arguments that he has made in the course of his report, but nothing that I say at the Dispatch Box should be taken in any way as a substitute for full engagement with the inspector’s report.

It is important to note that it is rare that any planning case is an open-and-shut matter. There are almost always competing elements for and against any planning scheme—particularly a substantial one of this kind, which can raise serious and passionate debate—but the open and transparent public inquiry system allows all those issues to be fully explored. It also allows all parties to put their case before an independent inspector.

The decision that I issued yesterday was directly in line with the recommendations of the inspector, who heard all the evidence for and against the scheme and was able to test that evidence through the participation of interested parties. This was a comprehensive and thorough process, lasting over a month and hearing from more than 40 different witnesses. It is summarised in a report of over 350 pages, which, again, I urge all honourable Members to read.

It is important to restate—as I think is well understood—that the proposal granted permission yesterday for the production of coking coal for use in the steel industry. It is not an energy proposal. Our net-zero strategy makes it clear that coal has no part to play in future power generation, which is why we will be phasing it out of our electricity supply by 2024. Coal’s share of our electricity supply has decreased in recent years. It was almost 40% of our energy supply in 2012; it is now less than 2%.

I took account of the facts when considering the planning application, as did the inspector, taking into particular account the Department for Business, Energy and Industrial Strategy’s decarbonisation strategy of March 2021, which explicitly does not rule out the use of coking coal in an integrated steel-making process, and makes it clear that, together with carbon capture and storage, that can be part of a net zero-compliant option.

It is important to note, as the inspector makes plain on page 239 of the report, that it is clear that all the scenarios and forecasts for the future use of coking coal which were put before the inquiry demonstrated a continued demand for coking coal for a number of decades to come. It is also important to state that the European Commission, as the inspector noted, recognised the indispensable role of coking coal during the steel industry’s transition to climate neutrality.

It is also important to note, as the inspector did on page 238, that the UK is currently almost wholly dependent on imports of coking coal to meet current demand. In 2017, 98.8% of the more than 3 million tonnes of coking coal used in UK steel plants was imported. The main exporters of coking coal at the moment are Australia, the United States of America and, of course, Russia. European metallurgical coal demand is expected to remain at about 50 to 55 million tonnes per annum for the next 28 years, and in the UK demand is forecast to hold at 1.5 million tonnes per annum.

The coking coal that will be extracted from the mine in Whitehaven is of a particular quality. Coking coal is usually a blended product of high-volatile coals and low-volatile coals. The coal from the proposed mine would have a very low ash content of below 5%, compared with between 7% and 8% for US coal and 10% for Australian coal. It would also have a lower phosphorus content than Australian coal and a higher fluidity. It is also important to note that, while the sulphur content of this coal has been referred to, and it is relatively high, the evidence before the inspector suggests that the coal produced at this plant would have an average sulphur content of 1.4%, and the applicants stated in their application that the coal leaving the mine will meet this level.

It is also important to note that it will be the only net-zero metallurgical coking coal mine in the world. It is vital that all of us recognise—as the inspector does on page 255—that the proposed development would to some extent support the transition to a low-carbon future specifically as a consequence of the provision of a currently needed resource from a mine that aspires to be net zero. It is also important to recognise that, with any proposal for land use, there will always be a potential impact on biodiversity and on the local environment as well. Again, it is important to note that, on page 278 of his report, the inspector makes it clear that this mine would not cause any unacceptable impacts on ecology or result in a net loss of biodiversity. The inspector also makes it clear in paragraph 22.9 that the proposed development itself would have a neutral effect on climate change, and therefore there is no material conflict with the Government’s policies for meeting the challenge of climate change.

Taking account of all these environmental considerations, it is also important to have in mind the impact on employment and the economy, locally and nationally. As the inspectorate notes on page 279, the mine will directly create 532 jobs, which will make a substantial contribution to local employment opportunities because they will be well-paid and skilled jobs. The employment, and indirect employment, that would follow will result in a significant contribution to the local and regional economy, with increased spending in local shops, facilities and services. In addition, the export of some of the coal to EU markets will make a significant contribution to the UK balance of payments. It is therefore the case that granting the application is compliant with planning policy, and the social and economic benefits should be afforded substantial weight.

The inspector’s report makes a strong case, in a balanced way, for the granting of the application. After reading the inspector’s report in full, I am satisfied, in my role as Secretary of State, that it is the right thing to do to grant the application.”

--- Later in debate ---

[Lord Stoneham of Droxford (LD)]

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

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

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

[Baroness Scott of Bybrook (Con)]

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

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

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

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

[Baroness Hayman of Ullock (Lab)]

Does the Minister recognise that 85% will be exported?

[Baroness Scott of Bybrook (Con)]

I will come to that in a minute.

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

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

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

[Baroness Hayman of Ullock (Lab)]

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

[Baroness Scott of Bybrook (Con)]

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

[Lord Stoneham of Droxford (LD)]

Can the Minister clarify where this coal—the 85%—is going? Is the European single market likely to accept it?

[Baroness Scott of Bybrook (Con)]

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

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

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

[Baroness Hayman of Ullock (Lab)]

My Lords—

--- Later in debate ---

[Lord Deben (Con)]

Has the Minister finished?

[Baroness Scott of Bybrook (Con)]

No.

We have talked about the exports. The noble Lord, Lord Stoneham, brought up wind farms. These are part of our green energy policies, but as I said before, these wind farms need steel, and I would rather be using steel produced in this country from coke that comes from a net-zero mine than importing it from elsewhere. I will look at Hansard. If anything else needs responding to, I will do so in writing.

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

I am sorry; the Minister must respond to each question from the Back Benches.

[Baroness Scott of Bybrook (Con)]

My Lords, I knew that this would be a very passionate debate.

The first question from my noble friend was: why did the Secretary of State not turn this down? He did not turn it down because he took his time and read this very large report. Unlike the noble Baroness opposite, I am afraid that I have not had the time since lunchtime today to read it—but I have it and I will read it this weekend. So, why did the Secretary of State not turn this down? He did not turn it down because he read the evidence, he thought that it was sound and he agreed with the inspector’s report. The inspector is independent and this is about a planning application. He did his job and, as I said, the Secretary of State agreed with him.

On the rest of the world not agreeing with what we are doing, I have not seen the rest of the world having net-zero mines for coking coal. We are going to do that. We are showing the rest of the world how it should be producing this commodity, which is still going to be required to produce steel in the near future. That is extremely important.

On the other issues around where the coal will be sold to and how that will be done, this is not a Government-supported project; it is from the private sector. Private sector operators put in the planning application and it was decided on in the normal way. The Secretary of State read all the information and decided that he would support it.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, can I question the Minister from the perspective of steel? I represented a seat that used to have the most efficient steel-making company in the country, in Consett in County Durham, but the Government were quite happy when it closed and all those very good jobs were lost.

My contacts in the steel industry tell me that some of the coal is so full of sulphur that the industry in this country will not use it. Some of it can be adapted into coking coal, which it will be able to use, but some will not. The industry is concerned that it is already trying to move to decarbonise the steel-making process and that, by the time this all comes into fruition, it is hoped that it will be further down the road and not need anything like the 15% that the Government and the application are talking about. My contacts also tell me that the European Union is much further down the road on decarbonising the steel-making process than we are. Indeed, one of the companies working on this is working with the European Union on that decarbonisation. In these circumstances, the Government are putting the reputation of the steel industry at some risk, because it believes that the major efforts it is trying to make to decarbonise will be overshadowed by this decision, and that the pressure will be on the industry to take more coking coal, which will not help it to decarbonise.

There are other aspects of this; I accept that it is extremely complex. I have not read the inspector’s report, although I too am used to Ministers having to take decisions around such things. Can the Government tell us when they expect the coking coal to be processed? When will that actually happen? How far on will the British steel industry be on decarbonisation at that point? What is going to happen if the EU is in front of us on decarbonisation and is therefore not going to accept the coking coal from this mine, which will mean that it has to be exported even further? These are serious issues which ought to be taken into account. I accept that they are complex and include judgment, but I think the Government have made the wrong judgment.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

We continue as a Government to work with the sector on its transition to a low-carbon future, as set out in the industrial decarbonisation strategy we produced in March 2021, but this does not rule out the use of coking coal in an integrated steel-making process, together with carbon capture, utilisation and storage, as a net-zero compliant option. We are working towards a different model, as the noble Baroness quite rightly said is important, but coal is currently essential for some industries which are hard to decarbonise—some industries are, and steel is one of them. However, we are taking important steps to decarbonise industries that still rely on coking coal, such as our £315 million industrial energy transformation fund and the £250 million clean steel fund.

As far as the steel producers saying that they will not use or do not need this coal, I do not think it is up to me or the Government to speak on behalf of individual companies. Commercial decisions will be made by the steel companies. If they do not want this coal, I suggest that the coal will not be required, and that particular company will not thrive.

[The Lord Bishop of Carlisle]

My Lords, I declare a slight interest in this topic, since Whitehaven is in my diocese, and like the noble Baroness, Lady Hayman, I live in west Cumbria—in a particularly beautiful part of it, I have to say. This debate has now been running for more than two years, and in Cumbria, as in the whole country, it has been highly contentious, with a great deal of passion expressed on both sides. We have already heard some of that passion in the debate this evening. So I am acutely aware of the many arguments about both the potential environmental impact, which has been deplored, and the employment opportunities, which would—as has already been mentioned—be very welcome in this very deprived part of the country.

However, what is new in this discussion, to me at least, is the report that the mine seeks to be a net-zero operation. The inspector makes the same point and it has been mentioned several times already by the Minister. I press her on whether that is indeed the case; will this be a net-zero operation? If so, what exactly will off-set the many million tonnes of CO₂ that the noble Baroness, Lady Hayman, mentioned will be released from the mine over the next 30 years? Do His Majesty’s Government have any plans to require West Cumbria Mining to invest in local services and facilities in addition to the mine, as part of their levelling-up agenda?

[Baroness Scott of Bybrook (Con)]

I thank the right reverend Prelate. As far as net zero is concerned, yes, that is exactly the evidence the inspector was given by the applicant. The inspector’s report says:

“The Secretary of State recognises the views of many objectors to the scheme that the use of offsetting”—


which is part of how it is made net zero—

“is contrary to the attainment of a net zero model. However, it is acknowledged as a valid approach by the CCC to achieving net zero in the sixth carbon budget”.

There are different ways of doing it, but the applicant gave what the inspector considered to be good, strong evidence that this could be delivered. That is the important thing. I am sorry; I missed the bit about the community.

[The Lord Bishop of Carlisle]

The second bit was about whether the Government will require West Cumbria Mining to invest in local services and facilities as part of its operation.

[Baroness Scott of Bybrook (Con)]

First, more jobs and money coming into the area will help local services and shops, and the economy of the area. Secondly, I do not know; I have not read the planning application in detail, but I will look at it and respond on what is required. I would be surprised if it did not require local investment; most planning applications of this size do.

[Baroness Worthington (CB)]

My Lords, I back the speakers who have gone before me, but I will focus on one aspect of this. It was called in on the basis of the international and national implications of the mine going ahead. We have heard nothing about those international implications. Nothing in the inspector’s report nor in the words of the Minister has answered the irrefutable evidence from Sir Robert Watson, the former chief scientist at Defra, who quite rightly pointed out that the biggest impact this will have on the global climate is to justify continued investment in fossil fuel extraction across the planet. That is not even counting the effect of the exported coal that will be burned, over which we will have no control whatever. The Government have said nothing that can answer the problem that this has serious international implications.

The noble Baroness, Lady Hayman, mentioned that this was going to damage our reputation. I believe this is a co-opting of our reputation. The reason this has been pursued in this country by the Australian backers of the project is so that they can go around the planet and say, “Of course we can invest in coking coal and invest in coal. Even the UK, the accepted leader on climate change, is building new coal.” That is the international implication of today’s decision, which the inspector failed to answer, and it is why everybody is outraged that we are doing this in the 21st century. There is no real need for people to be sent underground to pull out fossil fuels that will be burned, adding to concentrations of greenhouse gases in the atmosphere that are already too high. Nothing the Minister has said has answered these questions, and I expect that this will not be the last we hear of this. Whether the mine ever gets built is still open to debate.

[Baroness Scott of Bybrook (Con)]

As I have already said, the application has been agreed this week, and it now has six weeks to be challenged. I am sure the issues the noble Baroness raises about the international impact were taken into account by the inspector at the time, but as I have said before, this mine is to be net zero. The inspector said in his report that he did not expect it to have any effect on climate change, and I would leave it there. However, if I can give the noble Baroness anything further in writing about the international implications, I will do so.

[Lord Lilley (Con)]

Does my noble friend agree that the sensible path to net zero, the path we have always adopted, is to steadily reduce and phase out demand for fossil fuels, not supply of fossil fuels? If businesses choose to invest in producing coking coal or any other fossil fuel in excess of the demand—because it is declining, as my noble friend Lord Deben has predicted—they will lose money. However, I do not share his tender concern for their shareholders. If the UK unilaterally bans production of fossil fuels, which would be a bizarre thing to do when we do not ban the import of fossil fuels, other people will step in and supply those fossil fuels both here and abroad. If the world as a whole restricts supply faster than we phase out demand, there will be shortages, prices will shoot up and fossil fuel producers will make huge profits. We will have done to ourselves what Putin has just done to the world, in a few years’ time. Is that what those who oppose this mine want to achieve?

[Baroness Scott of Bybrook (Con)]

I thank my noble friend for that. I could not have said it any better, or anywhere near as well as he has said it.

[Baroness Blake of Leeds (Lab)]

I cannot say it better than Alok Sharma, the President of COP, said it in the press at the weekend:

“A decision to open a new coalmine would send completely the wrong message and be an own goal. This proposed new mine will have no impact on reducing energy bills or ensuring our energy security.”


I am pleased to see that the noble Lord, Lord Callanan, is in his place. I have been preparing to congratulate him on the U-turn on planning permissions for onshore wind farms, which will have a positive impact by reducing energy bills and contributing to energy security. Is this not an example of the Government giving with one hand and taking away with the other? The reality is that the decision has been taken simply to tackle the competing demands from different groups of vociferous Back-Benchers.

[Baroness Scott of Bybrook (Con)]

No, I do not agree with the noble Baroness. The decision has been made taking into account the evidence and because, rather than importing—we would import this coke anyway—we are now producing it in this country. Anything that is over and above what is required by the steel industry in this country is net to the UK economy. That is important, but most important is that, rather than buying from other mines which are not net zero, this is a modern mine whose production is net zero.

[Lord Young of Norwood Green (Lab)]

My Lords, I rise to congratulate the Government on taking a decision that was evidence-based and will benefit Cumbria and the country as a whole. I am absolutely puzzled at some of the alleged evidence we have heard. The statement refutes many of the things that were alleged but not proven:

“European metallurgical coal demand is forecast to remain between 50 and 55 million tonnes per annum for the next 28 years, and in the UK demand is forecast to remain at the current level of 1.5 million tonnes per annum.”


We are not going to lose our reputation at all; in fact, we are phasing out the use of coal to produce power faster than anybody else in the world, so that really is not true. I am also fascinated by the fact that we do not seem to worry about jobs, although I am glad that the right reverend Prelate did recognise their importance to Cumbria and to the community.

If we are really concerned about energy and how it is produced, I recommend to the noble Lord, Lord Deben, that he reads yesterday’s Times, which reported on page 11 a deal to import twice as much gas from the US. It will, of course, be LNG which was fracked in the US. If the noble Lord wants to focus on doing something, I suggest, with due respect, that he focuses on that.

This is an important debate. I do not rise to challenge my Front Bench or anybody else, but I hope that, when we debate these issues, we debate them on the basis not of emotion or allegations but of evidence. That is the best thing that this House can do when it is dealing with an issue such as this. I hope the Minister will recognise the important point made in the report. It is clear that there is a continuing need for coking coal. The sulphur content is a bit complicated, and I do not have time to go into that now, but it is capable of ensuring that it will be 1.4%, so it could be used in the production of steel in this country. I welcome the Minister’s response.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

I thank the noble Lord for his common sense approach to this. He is exactly right. This decision has been made on evidence that has been challenged over a period of many hours with the inspector. That is the evidence that the Secretary of State has rightly assessed and on which he has made a decision.

I make it very clear that none of this coke will be used for power generation. The Government are still committed to phasing out coal power by 2024, and we will deliver that. It is important that we keep that in mind.

Over a period of time, this has all been put together and the different issues have come up. I thank the noble Lord for his support on this. It is about looking at the evidence and weighing it up. He is quite right that this coke will be required for many years to come until we get to a different type of production. We need steel in this country, and we need the coke that is required to fuel those steel factories.

House adjourned at 6.47 pm.

Combined Authorities (Mayoral Elections) (Amendment) Order 2022

Baroness Scott of Bybrook Excerpts

Monday 5th December 2022 Grand Committee

Moved by

[Baroness Scott of Bybrook]

That the Grand Committee do consider the Combined Authorities (Mayoral Elections) (Amendment) Order 2022.

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

My Lords, I will also speak to the draft Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2022, and the draft Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022.

These instruments were laid before this House on 1 and 3 November 2022. If approved and made, they will amend existing secondary legislation to take account of a change made by the Elections Act 2022. That change was to bring in first past the post voting for the election of mayors and police and crime commissioners, replacing the supplementary vote system, which is currently used for those elections. The change in principle was expressly tested during the passage of the Elections Act by an amendment brought to a vote on Report, and this House determined that the change should remain part of the Act.

The statutory instruments before us today are an essential consequence of that change. Elections to the roles of combined authority mayor, local authority mayor, and police and crime commissioner all rely on similar provisions in legislation for their conduct, forms and ballot papers. For this reason, we are considering these three statutory instruments amending those provisions together today.

For elections to be conducted consistently and fairly, it is necessary for secondary legislation to prescribe their conduct and to provide templates for many of the key documents that will be used in those elections. These measures will provide support to council officers and act as an assurance to the voting public: everywhere these elections are held, they are undertaken using the same ballot papers, with no variation in the form of that ballot paper from one place to the next.

Under first past the post, mayoral and PCC elections will no longer require a second round of counting in the circumstances where no candidate receives more than 50% of the vote. These statutory instruments will amend legislation to reflect the new, simpler count process. Ballot papers are changing too, showing one column of boxes against the listed candidates, with voters directed to put a cross in the box next to a single choice. Detailed instructions for the printing of ballot papers and forms, and instructions for postal voting, are also amended to reflect the change to first past the post.

Without these statutory instruments being approved and made, election officers will not be able to effectively deliver elections for these roles. The provision of the Elections Act 2022 making this change is now in force and the change will first apply to any mayoral or PCC elections or by-elections held on or after the ordinary election day in May 2023. That is 4 May 2023, being the first Thursday in May. An instrument subject to the negative resolution procedure, making similar changes for elections to the Mayor of London, was made on 26 October and laid before Parliament on 31 October. That instrument is now in force and will first apply to any by-election or elections held on or after 4 May 2023.

In drafting these instruments, my department and the Home Office have consulted the Electoral Commission on the text and we are grateful to it for its technical comments, which we have taken into account.

In conclusion, these instruments are essential to ensure that council officers can properly implement the move to first past the post voting for elected mayors and police and crime commissioners. That change, which Parliament has approved, will mean easier voting for these posts, with more straightforward counting of votes and with clearer, quicker results. I beg to move.

[Lord Bourne of Aberystwyth (Con)]

My Lords, I thank the Minister for setting out the instruments so clearly. She has already answered one of my questions.

I have always been in favour of combined authorities and the devo deals that we have been seeing. I realise that this is beyond the scope of these instruments, but it has brought new dimensions of government and administration to swathes of the countryside. I applaud that. This has been happening not only in urban areas but in rural areas too. Can the Minister indulge us by updating the Committee on where we are on devolution deals—on Cornwall and Yorkshire, for example? I simply do not know. I am happy for this to be done in writing, particularly as it is beyond the scope of these instruments, if she cannot do so now.

I will not delay the Committee long. I had one more substantial question related to today’s orders and regulations. I appreciate that they are largely about first past the post for combined authorities and local government, which is consistent with the referendum held on voting systems under the coalition Government. However, in the United Kingdom today, we have myriad different electoral arrangements, particularly in Wales, where we seemingly have some anomalies, such as the voting age for local elections now being 16 while for police and crime commissioners it is 18. Can my noble friend the Minister say something about the Government’s thinking across the board?

Westminster retains some important legislative and administrative rights in relation to electoral arrangements, which now seem to be a smorgasbord of different positions, particularly in Wales, where the Senedd elections are done by a form of proportional representation—the additional member system—while police and crime commissioner elections are first past the post. Local government is now partly first past the post, but local authorities can, if they want, go down a different route with the single transferrable vote. There are some inconsistencies. Can the Minister say something on that? I am most grateful.

--- Later in debate ---

[Lord Khan of Burnley (Lab)]

First, I refer noble Lords to my entry in the register, which states that I am still a local councillor in Burnley.

The regulations and orders under consideration today will bring forward first past the past for a range of elections. While I disagree that this policy should be the focus of the Government’s attention amid the cost of living crisis, these instruments would implement a decision already made as part of the Elections Act. For that reason, I shall not return to the same arguments made during the debates on that legislation, but I have a series of brief questions, which I hope the Minister can answer.

First, the Explanatory Memorandum and the debate in the other House seem to suggest that the only consultation was with the Electoral Commission. Can the Minister confirm this? Does that mean that no local authorities were engaged as part of this process? Did the Government speak to the Association of Electoral Administrators? Secondly, the memorandum says that this will save £7.3 million. Can the Minister explain this figure? Finally, when will the public awareness campaign begin so that voters in May know that they must change how they vote at the ballot box? I hope the Minister can provide assurances and, as always, I look forward to her response.

[Baroness Scott of Bybrook (Con)]

I thank noble Lords for their contributions to the debate. It is probably best if I go through the speakers in turn. First, I agree with my noble friend Lord Bourne that we have elections in a lot of different ways, across the United Kingdom. There are two points for me. First, the Elections Act 2022 started to make sure that many, at least in England, were more similar. There is nothing we can do about, for example, the Welsh Government and the way they have their elections; that responsibility is devolved to them, apart from for general elections. We can only talk to them, but that is what devolution is all about and we welcome those changes.

As for devolution in this country, the Chancellor’s Autumn Statement mentioned a number of authorities that were looking at different ways of combining so that they could have devolved responsibilities. I will get an updated briefing on that, let my noble friend have it and put a copy in the Library, because things in that area are moving quite fast and I should like him to have that up-to-date information.

I thank my noble friend Lord Hayward; I have noted the Gould principles. We just need to remember that returning officers need plenty of time and notice to make some of these changes to elections: they have to make different order forms and ballot papers, and train staff, if things change. The Gould principles can be flexible, as we have seen, but a certain amount of time is needed and we should be getting this through as soon as possible for May 2023.

Moving on to a number of questions from the noble Baroness, Lady Pinnock, the voting system used to elect our representatives sits at the heart of our democracy and is of fundamental importance to the Government. We were elected on a manifesto that included a commitment to continue to support the first past the post voting system. The Government believe that that system is a robust and secure way of electing representatives that is well understood by voters and provides for strong and clear local accountability. It also ensures a clear link between elected representatives and constituents in a manner that other voting systems may not.

The Government’s manifesto position in favour of first past the post also reflects that in the 2011 referendum there was a significant vote, as the noble Baroness will remember, in favour of retaining first past the post for parliamentary elections, when the proposal to introduce a transferable vote system—the alternative vote—was rejected by a majority of 67.9% of voters. Voters have had their say. It is simple and understood, and the Government have made it very clear in our manifesto that we support it and will move forward by changing any elections that we can to make those systems simpler.

The noble Baroness also brought up challenging spoiled ballots in other electoral methods. To give your Lordships an example, around 5% of votes cast in the May 2021 election for the Mayor of London, under the existing supplementary vote system, were rejected. The noble Baroness said that it is normally about 1%, but 5% is five times that. The Electoral Commission report of 2015 on the general election found that the percentage of votes rejected in the supplementary vote elections, held on the same day as the general election, was 12 times higher than for the first past the post vote.

[Baroness Pinnock (LD)]

Does the Minister have a breakdown of the spoiled ballot papers? As she will know, having been involved in elections for many years, rejected ballot papers are spoiled for a number of reasons. Sometimes voters do it deliberately, writing “None of the above” or words to that effect—sometimes quite strong words—or deliberately voting for every candidate. Those papers are spoiled not because the voter does not understand but because they reject all the candidates who are standing or for other reasons. Lumping it all together like that does not reflect validly what went on. I gave an example from Wakefield district where less than 1% were rejected for valid reasons of obviously not understanding the way the election system worked.

[Baroness Scott of Bybrook (Con)]

The noble Baroness is quite right: the issue of spoiled ballots is complex. Ballots can be spoiled for many reasons. This can also reflect how the electorate is feeling at the time. I think we have all seen that when we have been closely involved in elections.

The noble Baroness also brought up the issue of savings. The savings referred to in the Explanatory Notes are from the findings of the impact assessment. As a responsible Government, we always undertake impact assessments. The decision was taken to do that assessment on the principle of FPTP. There is a saving, and we have to communicate that.

The noble Baroness also raised PCC elections and turnout. I quite agree with her. However, I am not sure that it is up to the Government to ensure that our communities and the electorate understand the work of PCCs. I would challenge PCCs and suggest that they need to get out and tell their communities what they are doing on their behalf. They have been around a long time. The percentage turnout is increasing, but I agree with the noble Baroness that it is not increasing enough, given the important work that they do.

I move on to the questions from the noble Lord, Lord Khan. The Electoral Commission was the only consultee, because it was a technical consultation. We just wanted to make sure that all the wording and technicalities were correct. The Electoral Commission will issue guidance to explain the votes and exactly what has to be done, and it will do it as soon as secondary legislation is available. As part of the Bill itself, we made it clear that any differences to the way our electoral system works had to be communicated. This will be done in plenty of time for the elections in May next year.

I have mentioned the impact assessment and the £7.3 million. It is published—this is something that we do. I am very happy to share that impact assessment, if the noble Lord would like to see it. We will let him have it, so that he has all the detail.

These orders and regulations will mean that the decision which Parliament has taken, that mayoral and PCC elections should be on a first-past-the-post basis, can be implemented effectively. They are an essential element in the legal framework sustaining our local democracy. Therefore, I commend the instruments to the Committee.

Motion agreed.