Voter Identification (Amendment of List of Specified Documents) Regulations 2024

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Thursday 28th November 2024 Grand Committee

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the Minister for bringing these regulations before the Committee. As we have heard from my noble friends Lord Mott and Lord Hayward, the timeliness of these changes is welcome. My noble friend Lord Hayward is right: it would be preferable to have any other changes come to us all at one time. I would also like to hear the Minister’s views on the possible changes to the May 2025 elections.

To go back to the SI, we on these Benches welcome the inclusion of the Armed Forces veteran card for use as voter ID. This is a sensible policy that allows our veterans to use a well-respected form of ID to exercise their democratic rights. I note that these regulations also allow for the national entitlement card issued by local authorities in Scotland to be used as voter ID. I also noted all the relevant changes to the forms required and the small changes outlined by the Minister.

These Benches’ primary concern is that the integrity of the ballot box is maintained. I therefore again seek the Minister’s assurance that this integrity will be paramount in any future changes that the Government may make.

[Lord Khan of Burnley (Lab)]

I thank noble Lords for their valuable contributions to this debate. I will respond to some of the points raised.

I thank first the noble Lord, Lord Mott, for his support for these regulations. I will tackle the issue he raised about additional documents being added to the list, as he asked for more clarification. On the subject of accepted documents at polling stations, I recognise that there have been calls from the public and noble Lords to include various additional forms of documents since the original voter ID rules came into effect. The noble Lord, Lord Rennard, also touched on this. We are pleased to bring forward this legislation to include the veteran card on the list of accepted documents, as this has been frequently called for since the card was fully launched.

I understand that many people would like further forms of identification to be added to the list. As I mentioned, we are continuing to review the voter ID policy. If further changes to the list of accepted documents are found to be necessary or appropriate, we will bring forward proposals in due course. I look forward to discussing them with noble Lords at that time. I make that point in particular. I have had really healthy discussions with all noble Lords who have spoken and want to ensure that I continue to have that conversation with them.

Many noble Lords touched on the theme of increasing democratic participation, as did the noble Baroness on the Benches opposite. The Government are committed to encouraging democratic engagement among all electors, including young people. We will help to encourage the engagement of young people by legislating to give 16 and 17 year-olds the right to vote in all elections.

The Government are carefully assessing the postal voting process as part of our wider review of electoral conduct and the registration processes. We have begun work on this and will work closely with stakeholders from across the sector to gather their feedback, analysis and ideas. The Electoral Commission has published its final report on the general election. We will carefully consider its findings and recommendations. Once we have completed our review, we will bring forward firm proposals for changes and improvements to our electoral system. I look forward to discussing this with noble Lords in due course. On the point about when the review will end, we expect to have a report on it in spring 2025.

The noble Lord, Lord Hayward, raised a number of important issues on Electoral Commission reports and our report in particular. I thank the Electoral Commission for its ongoing research into the running of our elections, and for its feedback and advice on potential areas of improvement. The commission published its interim report on the 2024 general election in September, focusing on the impact of the voter ID policy. Officials are already considering its recommendations. Two weeks ago, the commission published its full report on that election. This draws on the full suite of evidence and data, including surveys of candidates, returning officers and polling station staff, and feedback from charities and civil society organisations.

We will be carefully reviewing the commission’s findings and recommendations from both reports, and providing a formal response to both reports in due course. We are very cognisant of the need to ensure that the foundations of our electoral system are robust and secure, which the noble Baroness, Lady Scott, asked about, as we introduce further reforms to the way in which elections are run.

We are undertaking a strategic review of electoral registration, conduct and funding processes, looking at the biggest challenges and the pain points in the current system. We are working in partnership with the elections sector to understand how we can address these challenges in a practical and pragmatic manner. I will provide noble Lords with an update on the Government’s overall strategic approach to elections and electoral registration, including the outcomes of this review, in due course.

[Baroness Scott of Bybrook (Con)]

Should I assume, since the Minister is saying that we will have nothing from the review until next spring, that there will be no further changes for the May 2025 elections?

[Lord Khan of Burnley (Lab)]

I am sorry for any miscommunication, but what we are saying is that we want to get everything ready for the May 2025 elections. The focus is on getting the review and I am sorry if I confused noble Lords on that point. It depends what comes out of the review: depending on what it tells us, we can act on that. That is our focus.

The noble Lord. Lord Hayward, talked about the IFF research and the point that the Minister in the Commons made on this. The Elections Act 2022 included a requirement for the Secretary of State to publish an evaluation of the implementation and impact of the voter ID policy on the first local and the first two UK general elections after the Act came into force. We have therefore contracted IFF Research, an independent research organisation, to conduct a comprehensive evaluation of the July 2024 general election—we would have waited much longer for an evaluation of two general elections. It is essential that we understand how the policy has operated in practice, what has gone well and where there are any areas for improvement in the future. We expect that report summarising the work on the voter ID policy in the spring of 2025.

Voter Registration and Participation

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Thursday 14th November 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

I note my noble friend’s important points, but I assure him that the Government are committed to improving electoral registration and addressing low registration rates among various groups in society. We will examine different approaches and use the experience of other countries to inform our decisions.

[Baroness Scott of Bybrook (Con)]

My Lords, we welcome the inclusion of the Armed Forces veteran card for use as voter ID but note that there will be a further review. Can the Minister assure the House that the integrity of the ballot box will be maintained in any future changes that the Government make?

[Lord Khan of Burnley (Lab)]

I thank the noble Baroness for making the point about the addition of the Armed Forces veteran card to the list of accepted documents for voter ID. On her very direct question, yes—it is in our manifesto.

Anti-Muslim Prejudice and Hate Crime

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Monday 9th September 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

I say in response to the noble Lord’s important points that all forms of racial and religious discrimination are completely unacceptable and have no place in our communities. This Government will explore a more integrated and cohesive approach to tackling it. We are committed to protecting the right of individuals to freely practise their religion and we will not tolerate religious hatred in any form towards any religion.

[Baroness Scott of Bybrook (Con)]

My Lords, the previous Government committed to spending over £117 million to protect mosques and Muslim schools and community centres in the UK from anti-Muslim hate attacks over the next four years. In the light of the unrest we saw this summer, what discussions has the Minister had with his ministerial colleagues to ensure that this money is being spent effectively to protect Muslim communities? In the light of the summer disruption, what further steps will the Government take to tackle anti-Muslim hate in the United Kingdom?

[Lord Khan of Burnley (Lab)]

My Lords, the noble Baroness makes an important point. On the latter question, the Home Office has announced a rapid response force—work which involves more security to help support mosques that are facing direct public and violent disorder against them. I have visited quite a few mosques and had discussions with communities. In relation to our £29.4 million pledge to support mosques, a lot of mosques are taking up these schemes. Their continuation is important, as it is to tackle any form of religious hatred we see, including anti-Semitism. Where there are high levels of religious hate crime, there is existing government funding to support institutions to protect themselves.

Social Disorder

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Wednesday 4th September 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

Anyone who stokes this sort of violence, whether on the internet or in person, can face jail time. Riot, public nuisance and criminal damage all carry a sentence of up to 10 years in prison. Those who incite hate online must face the consequences. The Technology Secretary has had useful meetings with social media platforms to make clear their responsibility to continue to work to stop the spread of hateful misinformation and incitement online. Where they have already acted, they have the full backing and support of government officials. This is a really important point. The Government continue to work with social media platforms to proactively refer content for them to assess and take action, and to ensure that they are actively engaging with law enforcement on criminal intent.

[Baroness Scott of Bybrook (Con)]

My Lords, the scenes that we saw over the summer were shocking. The police and courts made an exemplary effort to respond to the situation, but the Government must now look at the root causes of this violence. What steps will the new Government take to improve social cohesion and tackle racism wherever it raises its ugly head?

Representation of the People (England and Wales and Northern Ireland) (Amendment) Regulations 2024

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Monday 13th May 2024 Grand Committee

[Lord Khan of Burnley (Lab)]

My Lords, the fact that we are here yet again emphasises the enormity and complexity of the Elections Act and electoral statute. I echo the comments by the noble Lord, Lord Hayward, supported by my noble friend Lord Stansgate, about consolidation of all electoral legislation. As the noble Lord, Lord Wallace, indicated in a meeting with the chief executive of the Electoral Commission, there are 1,100 pages of SIs as a result of the Elections Act. We should never have to come to that situation again.

It is critical that our electoral law is as legible and transparent as possible, not only for the health of democracy but, as I have repeated to the Minister previously, for the workload of our understaffed electoral teams, which are tasked with keeping the integrity of our elections intact. Mistakes in legislation in this area make that challenge even harder. They could create confusion and concern among dual nationals who are entitled to vote, by not only collecting unnecessary information from those looking to register but increasing the workload of electoral officers, who already have to tidy up databases and deal with queries from so many different members of the public who are confused as to why this question is being asked in the first instance. Unfortunately, rather than helping our electoral administrators, the Government have introduced an Elections Act that significantly increases the load on them.

This is the second correction the department has had to make following the Elections Act. Given that the consequences of these mistakes could potentially change the franchise, what steps is the department taking to proactively review that the legislation is working as intended so that no other potential consequences are being missed? I would be grateful if the Minister could outline what support is being provided to electoral officers to carry out the amendment to the franchise for EU nationals. What steps are the Government taking to ensure that there are no mistakes in the system? What is the Minister’s response to the report on voter registration from the Levelling Up, Housing and Communities Committee, which highlighted a creaking system without any efficiency and with the huge challenges presented by the Elections Act? I would welcome her thoughts on that.

I recognise the point made by the noble Baroness, Lady Bennett of Manor Castle, that this is a complicated area of law; we appreciate that. In summary, we support this draft statutory instrument, but I would welcome reassurance from the Minister on the points I raised and those eloquently raised by noble Lords across the Committee. I look forward to her response.

[Baroness Scott of Bybrook (Con)]

I thank noble Lords for their contributions today. I will go through a few of the issues that were brought up.

First, the noble Lord, Lord Hayward, is absolutely right: the instruments in this amending SI had no effect on the elections held on 2 May. The changes to the franchise for EU citizens came into force on 7 May; that date was chosen specifically so that there would be no impact on the May local elections.

We have heard quite a lot about consolidation, as we did when the Elections Bill, which is now an Act, was going through. I think that will be for subsequent Governments to look at. This is complex; there are huge numbers of pieces of legislation impacting on top of each other within the elections arena. As the noble Viscount, Lord Stansgate, and the noble Lords, Lord Rennard and Lord Khan of Burnley, brought up, that is something which will have to be done by subsequent Governments.

The noble Baroness, Lady Bennett, brought up the numbers affected. I do not know those numbers, but I will have a look and write to her. On the oversight occurring in the first place, as I said, I apologise—but it is recognised that, even with stringent checks in quite complex pieces of legislation such as this, there is always a chance of unintentional errors. Regrettably, sometimes they are overlooked and, unfortunately, this is one such case, but the main thing is that we are dealing with it now.

On the issues around differences in voting rights for residency, this instrument is focused on amending a definition in existing regulations. Those regulations have already been passed in Parliament—as I say, they came into force on 7 May—and there are no further plans to revise any of them. I remember well the debates held on the changes being introduced by those regulations, and this is not the time to go over them again. It is certainly not the time at this early stage, when the regulations have only just gone into law, to put forward further revisions.

The Electoral Commission will keep an eye on all these issues as they are put into place, as will the department. Of course, if there are any issues or problems, we will keep an eye on that. That was a point raised by the noble Lord, Lord Khan of Burnley. It is important that we keep a close eye on any changes, particularly to electoral legislation, as it is complex. If anybody who wants to register to vote goes on to the Electoral Commission’s website, all the details are on there—and people do that. Also, our wonderful election officers in our local authorities are usually the first contact that people have. Even if they are complex voters, all the information will be given to them by our local authorities as well, which is important.

I think that is everything I had to answer. I know that the House believes that ensuring the smooth running of our democratic processes is of paramount importance. This amendment is therefore important, and I thank noble Lords for supporting the instrument to get this right. I commend it the Committee.

Councillors: Publication of Addresses

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Wednesday 8th May 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I do not think it is a requirement to live in that local authority area necessarily, but it is important that anything on the register is correct. Obviously, there are ways of looking into that. The other interesting thing is that you can opt in or opt out. Some people like to opt in—they really want their names to be there—and therefore any legislation needs to give the opportunity for councillors or any other elected members to do that.

[Lord Khan of Burnley (Lab)]

My Lords, in recent months, many local and national politicians, including me, have been subject to behaviour from a minority of the public which goes beyond what is reasonable and acceptable, including putting people’s homes on social media, throwing fireworks through letterboxes, and horrendous abuse being given out on the doorstep. Keeping our politicians safe and feeling safe is vital not only for its own purpose but to stop others being put off from dedicating their lives to public service. What broader steps are the Government taking to ensure that this building pattern of intimidation is halted and reversed before it becomes an accepted norm against councillors, MPs and Members of this House?

[Baroness Scott of Bybrook (Con)]

The noble Lord is absolutely right. We cannot have intimidation stopping people wanting to be elected to represent their communities at whatever level—it is important even at parish council level. What more can we do? We can look for legislative time to change it, but, in the meantime, we are doing everything we can. We have put in £31 million more this year to bolster security for elected members and, as I say, if you are a local councillor, there is always an opportunity to go to your monitoring officer and ask for your home address to be taken off if you are worried about it or worried about your family.

Leasehold and Freehold Reform Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Committee stage
Monday 29th April 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, I know that the Minister has been speaking for a while, but I want to press her on this important point as we are talking about charges. There is a huge, fundamental area of concern in that the ground rent consultation has yet to be published. I know that it is unreasonable for me to ask the Minister to talk about any leaks or media announcements. However, how will this House be able to scrutinise it at this late stage of the Bill’s passage?

[Baroness Scott of Bybrook (Con)]

We debated ground rents last week, and I do not have anything to add. If there are any changes to the Bill, we will give sufficient time for all noble Lords to consider them.

Leasehold and Freehold Reform Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Committee stage
Wednesday 24th April 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, I will speak to government Amendments 58 and 59 in my name. Government Amendment 59 changes “premium” to “price”, referring to the sum paid for a ground rent buyout, to make the language consistent with the rest of the Bill. Government Amendment 58 makes a minor wording change to clarify that it is “the appropriate tribunal” that may make an order to appoint a person to vary a lease on behalf of the landlord or tenant in the case of a commutation following a ground rent buyout. I hope noble Lords will therefore support these amendments.

I turn to Amendment 57 from the noble Baroness, Lady Taylor, and moved by the noble Lord, Lord Khan of Burnley. This seeks to remove the threshold for the ground rent buyout right. I appreciate the concerns that lie behind this amendment and understand that the noble Baroness is seeking to ensure that as many leaseholders as possible can benefit from the new right. First, it is very important to note that all leaseholders, regardless of their term remaining, have the means to buy out their ground rent. They do so whenever they extend their lease or buy their freehold. It is only the right to buy out the ground rent without extending the lease or buying the freehold that is limited to leaseholders with 150 years or more remaining. The 150-year threshold exists to protect those leaseholders with shorter leases who will, at some point, require an extension from being financially disadvantaged by first buying out their rent, only having to extend later and paying more in total for doing so. However, we understand the argument that all leaseholders should be able to buy out their rent without extending their lease or buying their freehold if they want to, and we are listening carefully to that argument.

The Law Commission recommended 250 years, but it noted that the department might want to set the threshold lower. The department’s analysis showed that 150 years would enable more leaseholders to take advantage of the ground rent buyout right, while still being a long enough term remaining that the leaseholder does not need to extend if they do not want to. A lower minimum term would create a risk that poorly advised leaseholders might buy out the ground rent when an extension is in their best interest, then find out that they need to extend later and have to pay a higher premium, except for the extension, and two sets of transaction costs. We believe this is helping the leaseholder.

I hope that the noble Baroness will appreciate the reasons we have given for the existence of the threshold, and those assurances, and withdraw her amendment.

[Lord Khan of Burnley (Lab)]

My Lords, I rise very briefly to thank the Minister for her response. I appreciate the comments made by the noble Baroness, Lady Thornhill. In the future, we will look to work with colleagues across the House to see where we are on this. In the meantime, I beg leave to withdraw my amendment.

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[Baroness Scott of Bybrook (Con)]

I think there was a question there, and my response is that we went out, quite rightly, to consult, and the consultation did not finish until towards the end of January. This is a complex issue. If we do it badly or wrong then we will make mistakes and these people will potentially be in a more difficult situation. From the end of January to April is not a long time. We are doing it as fast as we can, and we will come back to the House with further details.

[Lord Khan of Burnley (Lab)]

I understand the response the Minister has given, but she has to understand that this consultation has its own process and in due course we will look at the analysis. I do not know whether I am accidentally calling for another meeting here, but how did we end up with reports in the newspapers? That causes more uncertainty and instability for people in their homes who are getting their information from the media. Surely there needs to be a statement or some clarification through the next stages of the Bill, so that, very early on, we can look at getting a clear, certain message out to the millions of leaseholders who have been adversely affected by the ground rent situation.

[Baroness Scott of Bybrook (Con)]

The Government have no control over what goes into the media, and it is something that the Government have to accept.

Leasehold and Freehold Reform Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Committee stage
Wednesday 24th April 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, this has been a more wide-ranging debate than was anticipated at the beginning of the group. The noble Lords, Lord Howard and Lord Moylan, made some interesting points in introducing their amendments, and it is for the Minister to clarify and address her noble friends’ concerns. All three amendments in this group attempt to make changes to Schedule 4, which is where the market- value element of the premium for any enfranchisement claim is determined.

I listened to the noble Baroness, Lady Fox of Buckley, in relation to the European Convention on Human Rights. Although we have differing views on that, it is interesting how legislation and the regard for international law are debated in different debates in this House—without pinpointing any noble Lord in particular.

The noble Baroness, Lady Deech, laid out and stipulated the complexity of the issue as a teacher in property law, while the noble Lord, Lord Thurlow, as a student of property law, made some interesting points about complexity and about working and bringing change in a fair manner.

In conclusion, I ask the Minister what consideration the Government have given to the principles of grandfathering for leases of various lengths and other conditions when developing the Bill? For example, in the instance of a lease of a very short length, when the Bill becomes law, what are the ramifications of the Bill as it is written? Do the Government think that some shorter leases are going to be treated in a way that may be fairer on wider principle but do not seem appropriate, given the shorter lengths? If so, did they consider any mitigation?

I finish by referring to my noble friend Lord Truscott, who advocated in a diligent manner the ending of marriage value and talked about the wider unfairness in leasehold properties. I look forward to the Minister’s response.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank my noble friends Lord Howard and Lord Moylan for their amendments in this group. Amendments 26 and 27 would require marriage value or possible hope value to be payable by a leaseholder who has fewer than 80 years remaining on their lease on the passage of the Act.

The Government’s stated objective is to make it cheaper and easier for leaseholders to extend their lease or acquire their freehold. We want them to attain greater security of tenure. The amendments are directly counter to our objective. In particular, they would prevent us from helping the trapped leaseholder—that is, a leaseholder with a short lease who is unable to afford to extend because of the prohibitive marriage value payable, and so is trapped with an asset of diminishing value.

We do not believe that the leaseholder should have to pay marriage value. For the freeholder, the marriage value that is payable under the current law is a windfall created by the freehold and leasehold interests being married earlier than they otherwise would have been—namely, at the end of the lease. It is a sum that the freeholder would not receive if the lease ran its course. Parliament has previously determined that the value should be split equally and the leaseholder should pay half of it to the freeholder on enfranchisement, but we do not believe that freeholders should continue to receive that windfall.

The leaseholder needs to enfranchise, because by its very nature a lease is a wasting asset. Without either extending their lease or buying their freehold, they will suffer financial loss as the lease runs down or lose possession when it has fully run down. Nor has the lease- holder meaningfully chosen to enter such an arrangement, since leasehold is very often the only available form of tenure outside the rented sector at certain price points or in certain locations. The lease- holder’s need to enfranchise is born out of their insecurity of tenure; that is, out of the inherent injustice of the leasehold system. Our objective is to enable them to obtain greater security and to address that inherent injustice. By not having to pay marriage value to the freeholder, the leaseholder’s ability to obtain security of tenure is much improved.

A third party who bought the landowner’s interest would not pay marriage value, and we do not think it is right that the leaseholder should pay more than that same interest. Requiring leaseholders to pay more than a third party—or, in other words, enabling the freeholder to profit from the sale to a leaseholder by comparison to a third party—is to punish the leaseholder for their need to enfranchise, and therefore to affirm the very injustice we are trying to address.

The noble Earl, Lord Lytton, and many other noble Lords brought up compensation. Under our valuation scheme, the freeholder is compensated as if the lease simply ran its course. We believe that this is adequate compensation; it is sufficient to reflect their legitimate property interests.

Amendments 26 and 27 would also further complicate an already complex system. They would create a new two-tier system, with different rules for leases that were under 80 years at the time of the Act and those that fell under 80 years thereafter. This is undesirable, as it runs contrary to our stated aim to simplify this complex tenure.

Before I move on to Amendment 29, I will answer one or two specifics. First, the issue of human rights has been brought up by a number of noble Lords. The Government consider that all provisions in the Bill are compatible with the relevant convention rights and that in the case of the provisions engaging Article 8 and A1P1 any interference is justified and proportionate. There is a GOV.UK page where noble Lords can read further information on that should they wish.

The noble Baroness, Lady Deech, also brought up phasing, which is important. Following Royal Assent, we will allow time for a smooth transition to a new system, while making sure that leaseholders and freehold home owners on private and mixed-tenure estates— which is an issue—can benefit from it as soon as reasonably possible. We will also support leaseholders, freeholders, landlords and agents to adjust to and understand the new rules. We will work with delivery partners to make sure that the necessary support is in place, including through the publication of appropriate guidance.

--- Later in debate ---

[Lord Khan of Burnley (Lab)]

My Lords, I rise briefly to thank the noble Lord, Lord Young of Cookham, and my noble friend Lord Berkeley for providing the detail, with diligence and eloquence, in calling for what the noble Lord, Lord Young, called a level and equitable playing field for all leaseholders in that situation, particularly in relation to Crown land. I want to press the Minister on getting information from the Government about to what extent Crown and Duchy of Cornwall land would be affected by the amendments, and on providing clarification on the important and pertinent points that both noble Lords raised.

[Baroness Scott of Bybrook (Con)]

My Lords, I will briefly speak to the amendments in my name before turning to the amendments in the names of my noble friend Lord Young of Cookham and the noble Lord, Lord Berkeley. Government Amendment 83 is a clarificatory amendment. Clause 67 outlines that all of Sections 18 to 30P of the Landlord and Tenant Act 1985 bind the Crown, and that the relevant provisions bind the Crown whether or not they relate to Crown land.

As a result, Section 172(1)(a) of the Commonhold and Leasehold Reform Act 2002 will be repealed. Since subsections (4) and (7) of Section 112 of the Building Safety Act 2022 amend the 2002 Act, these subsections are no longer necessary.

I now turn to the amendments in the names of my noble friend Lord Young, and the noble Lord, Lord Berkeley. I thank my noble friend Lord Young for his Amendment 54, which seeks to bind the Crown to the enfranchisement measures in the Bill and to apply those measures to properties subject to escheat. It is a long-established principle that legislation does not bind Crown lands, including the Duchies of Lancaster and Cornwall, unless the Act expressly states so or by necessary implication. Where an Act, or a part of an Act, does not bind the Crown, the Crown can and often does agree to act in accordance with the legislation.

The current position is that most Crown leaseholders enjoy the same lease extension and enfranchisement opportunities as other leaseholders, by virtue of the Crown’s undertaking given to Parliament to act by analogy with the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993, which are not directly binding on the Crown. We also expect that the Crown will agree to act by analogy with the Bill before us. The effect will be that most leaseholders of the Crown will have the same opportunity to extend their lease or buy their freehold as any other leaseholder would, except in certain special circumstances set out in an undertaking we expect to be given by the Crown. Therefore, the outcomes the Government want to see can be achieved without legislation, and the amendment is unnecessary.

I would also like to thank my noble friend for raising an important point in his amendment about properties subject to escheat. The Government recognise that when the freehold becomes ownerless, it can cause problems for some of those leaseholders. However, the amendment would not achieve its intended aim because when a property escheats to the Crown the freehold no longer exists, and the Bill is not the appropriate place for a review of the complex law surrounding ownerless land. When a property becomes ownerless the land and buildings escheat to the Crown. If a purchaser is interested, the Crown can sell it so that it goes back into private ownership.

Leasehold and Freehold Reform Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Committee stage
Monday 22nd April 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I am not aware of the timescale for that, but I will make some inquiries and come back to my noble friend.

[Lord Khan of Burnley (Lab)]

My Lords, I thank the Minister for her response to what was a very interesting debate. I always appreciate the breadth and depth of expert knowledge from the noble Lord, Lord Young of Cookham, in particular. He talked about the rights of shareholders and what they are entitled to, and it is important that he finished by talking about the response to the Select Committee report on shared ownership. I appreciate also the probing of the noble Baroness, Lady Pinnock, alongside myself, on the definition of agricultural leases but, for the time being, I beg leave to withdraw my amendment.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

I thank my noble friend for that. As I have said, we are working on it, we are working on further changes and we will come back in due course.

[Lord Khan of Burnley (Lab)]

If I can just probe the Minister on the answer she gave me, that the Commonhold Council met in September, can I just confirm that she is chairing that Commonhold Council? The government website still has the noble Lord, Lord Greenhalgh. As the Commonhold Council advises the Government, what advice did it give in relation to the plan for commonhold? Surely it was not, “Take your time”, was it?

[Baroness Scott of Bybrook (Con)]

I do not have that detail with me, but I will make sure the noble Lord gets it.

Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Tuesday 19th March 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, I thank the Minister for her introduction to this statutory instrument. I offer my appreciation to the noble Lord, Lord Rennard, for his eloquent speech and detailed analysis before the House today.

The Minister will be glad to know that these Benches support the implementation of Regulation 4 of the instrument. It would be wrong for expenses incurred to protect candidates, their families and supporters to be seen as part of the cost of campaigning, and it would set a dangerous precedent if candidates requiring extra security had to forgo elements of their campaign simply to feel safe. I say that as a Member of your Lordships’ House who has unfortunately faced death threats to me and my family in recent months. I totally understand the need for parliamentarians to exercise all security measures in order to do their job and serve.

This instrument stops an obvious injustice in our electoral expense law, but our response to candidates feeling unsafe cannot simply be to tell them to open their pockets and hire security. The Government must make sure that adequate resources are in place to ensure that candidates feel secure without needing to spend their own money.

I turn to another significant part of the instrument relating to the increase to election expenses in Greater London Authority elections and local authority mayoral elections. The noble Lord, Lord Rennard, dissected the issue using percentages and statistics to a profound effect. The point that election expenses have remained the same since the introduction of mayoral elections in the year 2000 has rightly been made loud and clear by noble Lords. Sadly, that figure has failed to be updated in line with inflation. It was used during the last mayoral election, 21 years after it was introduced. I understand that a significant increase is expected, given that the limit has been untouched for 24 years.

I hope that the Minister recognises why we need to ask questions about why we are raising the limit by over 80% less than two months out from the elections. The real reason why we are seeing this rise in the proposed figures is the compound failure by successive Tory Chancellors to get inflation under control. The reality is that we have seen a huge rise in inflation under this Government.

We do not intend to oppose this instrument outright, but I hope the Minister agrees that this rise does not reflect the reality that people are seeing in their day-to-day expenses. I hope she also agrees with me that future Governments should not wait until six weeks before an election to carry out an increase that is 24 years late.

The noble Lord, Lord Wallace of Saltaire, made an interesting point about election spending across the Atlantic. In 2018, after the midterm elections, I visited Capitol Hill and spoke to a Congressman. As I was congratulating him on winning his election, he said, “Well, I can’t take too many congratulations because I have to start fundraising for my next election”. This increase in the region of £19 million to £36 million is bringing money into our politics like never before. That means a lot of people are spending time fundraising when they should be serving their communities.

I hope the Minister reflects on those points and tells us when the periodic review will be for the next uplift in expenses. Will we have to wait another 24 years for a decision, or will we get told six weeks before the next set of mayoral elections? I look forward to the Minister’s response.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank noble Lords for their contributions. They have made a number of points and I will try to respond to all of them. First, I say to the noble Lord, Lord Rennard, that I remember Andrew Pennington; I remember the case and I am really sorry. To the noble Lord, Lord Khan, I say that nothing changes, does it? The noble Lord and his family are still getting death threats, which is totally unacceptable in a country as democratic as ours.

Temporary Accommodation Costs

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Wednesday 31st January 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

As I have said, on 24 January, the Government announced additional measures for local authority funding worth £600 million, including £500 million of new funding for adult and children’s social care. It means that core spending powers will be up by £4.5 billion next year. This is what we are doing to help local authorities with all the pressures on their budgets at this time.

[Lord Khan of Burnley (Lab)]

My Lords, local councils across the UK have warned that they are increasingly facing bankruptcy because of the rising cost of preventing homelessness. The National Housing Federation predicts that the number of children living in temporary accommodation will rise from 131,000 to 310,000 by 2045. It says that social housing waiting lists will grow to 1.8 million households by 2045—an increase of more than 50%. What practical steps are the Government taking to tackle the tremendous cost of temporary accommodation and homelessness?

[Baroness Scott of Bybrook (Con)]

I think I have already answered most of that. We have increased the amount of money going to the base budgets of local authorities across the country this year. We are giving money to prevent homelessness—which is as important as dealing with the issue. As I have said, we are giving money to councils so that they can build better properties and access better temporary accommodation. We are doing all we can in what has been quite a difficult economic climate. However, we are coming out of it, things are beginning to look better, and houses are being built.

Combined Authorities (Mayors) Filling of Vacancies Order 2017 (Amendment) Regulations 2024

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Tuesday 30th January 2024 Grand Committee

[Lord Khan of Burnley (Lab)]

My Lords, I too thank the Minister for introducing these statutory instruments. I concur with many of the points made by the noble Lord, Lord Shipley, in relation to district councils and their role in administrating elections, which I will come to shortly.

These regulations provide the rules for declaring a combined county mayoral vacancy, the procedure for by-elections and the rules governing a mayoral election. They do this simply by extending the existing rules for combined authority mayoral elections or by-elections to cover the new combined county authority mayors. We on these Benches supported the passage of the original orders in 2017, and we support these instruments today.

These regulations are required in advance of the first planned combined county authority mayoral election in May 2024 in the East Midlands, as the Minister mentioned, and we on these Benches want to focus on a particular point. While we are discussing the combined county authorities, I will take this opportunity to raise the importance of ensuring that all constituent councils get the opportunity to have their say. We hope that the mayors duly elected under the regulations we are discussing will take heed of the importance of that very local representation and expertise in parish, district and town councils.

As the noble Lord, Lord Shipley, mentioned, the Minister talked about a two-tier system where there is a county and a district council. She referred to how the district council presiding officers will have the responsibility to administer the election process. My concern is that, as the noble Lord mentioned, there is a lot of confusion about the financial resources to support the administration of these elections. We all know that local councils are already so stretched, and there is a lot of discussion about certain councils not having enough funds to deliver statutory services. What extra financial support or resources are the Government giving to district councils in light of the new responsibilities created by these statutory instruments?

Can I press the Minister further in relation to consultation? She mentioned a number of organisations. I have seen this repeatedly in numerous statutory instruments. What is the consultation in relation to working with the Local Government Association, and what is the overall focus with regard to the district, parish and town councils? What discussions and deliberations are there with these councils in the light of these statutory instruments being introduced? I look forward to the Minister’s response.

[Baroness Scott of Bybrook (Con)]

I thank both noble Lords for taking an interest in this debate and for their contributions. Once again, these regulations are essential in providing the rules by which all county combined authority mayors will be elected, including in May, as well as the mayor of the East Midlands if Parliament approves this new authority.

The noble Lord, Lord Shipley, asked about voter ID. Yes, that is understood. We have heard him loud and clear throughout many debates on voter ID. Obviously, we went through reviews on that, as did the Electoral Commission. I have been away, and have not been so close to it, but I will write to the noble Lord to say what the next moves are. I think we all have to agree that the first use of voter ID—I know it was in a smaller area—was successful, but we should never be complacent. We need to keep listening and learning from it.

On first past the post, which is another thing that the noble Lord often brings up, there is not going to be a change. The Government are very clear that the first past the post system is the most straightforward way of electing representatives. It is well understood by the electorate of this country. It makes it so much easier for the public to express a clear preference and reduces a lot of the complexity that we have seen recently in police and crime commissioner elections. There is no plan to change or relook at that; we had that discussion again on the recent Bill on elections, and we will not be looking back at it.

The patchwork of differences across the country is an interesting issue. The problem is that the whole of local government in this country is complex anyway, and reflects the different areas: cities, rural areas, and towns with rural areas around them. Government is trying to reflect that and give local people some choices about how they look in a bigger and more overall way at their area, rather than at small—down even to county —areas. As things change in this country, we are seeing bigger areas of economic development. We need to look at where the work patterns and travel-to-work patterns are. We need to look at all those things as well as at the traditional districts and counties that we have seen in the past.

I think it is up to local people. They have choice through the Levelling-up and Regeneration Act—they now have choices on how to plan for the future—but we in government have no further plan to look at the overall structure across the whole country.

On district councils, I will come back to the noble Lord. As far as I know, there has been nothing further since the Act came into force, but I will go back and see what discussions have been had with the district councils. That links to something brought up by the noble Lord, Lord Khan: do we talk to the district councils? Yes, we do. We talk to the LGA, the District Councils’ Network and the County Councils Network. They are part of the team that looks at these things, and part of our top stakeholder group, but I do not know what the latest conversations with particularly the district councils are.

As far as audit, risk and scrutiny are concerned—all important parts of local government—as we get bigger and there is more money to spend, people expect that money to be accounted for and to be accounted for quite publicly. In the new combined county authorities, while it is the upper tier that is doing it, the same audit requirements will be there as for other councils as they exist now. There must be scrutiny committees and audit committees, and they must have a risk register. I do not think it is any different but, in my opinion, we need to continue to challenge local authorities and to make sure that they are accessible to local people to know what their money is being spent on.

Quite rightly, the noble Lord, Lord Khan, talked about consulting with local people about any changes. I have been through that consultation; it is tough at times, but it is important. It will always be part of our process that local people are consulted in those early stages of changing their council structures, if that is what local people want. It is up to local elected representatives, whether district, county, borough or wherever they come from, to listen to local people before any changes are made. We expect that to happen.

In conclusion, these regulations are essential— as I said—to progress the devolution powers and to enable the election of combined county authority mayors. I commend both sets of draft regulations to the Committee.

Private Rented Sector Ombudsman

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Thursday 18th January 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I thank my noble friend. He is absolutely right: the Bill will come to this House shortly and I am sure we will have many more debates on this issue. As far as powers are concerned, the Bill says that the ombudsman’s enforcement powers will be to expel the landlord from membership of the organisation unless they deal with their obligations and then rejoin, and they will be liable for civil and, in the worst cases, legal penalties if they continue to operate without that membership. Those are quite strong powers that will back up local authorities’ powers. On the scheme’s funding, it will be a landlord membership scheme, as is the Housing Ombudsman scheme. Membership of that scheme is at £5.75 per unit.

[Lord Khan of Burnley (Lab)]

My Lords, when the Government’s new or expanded ombudsman is established, it will have to work closely with local authorities and will have enforcement responsibilities, but it is important that that work is not duplicated. Does the Minister have any plans for the department to issue guidance on how local authorities and the ombudsman can work together? How do the Government propose to resource the new ombudsman service, given the potential increase in demand that may emerge?

Social Housing: Mould

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Wednesday 10th January 2024 Lords Chamber

[Lord Khan of Burnley]

To ask His Majesty’s Government what recent assessment they have made of conditions in social housing, including levels of mould.

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

My Lords, the English Housing Survey found that in 2022, 10% of social homes failed to meet the decent homes standard and 5% had a problem with damp. The Government have now introduced Awaab’s law, requiring the Secretary of State to set out new requirements for landlords to address hazards such as damp and mould in social homes within a fixed period. We published our consultation on those requirements yesterday, 9 January.

[Lord Khan of Burnley (Lab)]

My Lords, may I say how pleased I am to see the noble Baroness back in her place?

The death of two year-old Awaab, who was killed by mould in Rochdale, was a shocking insight into the condition of many social homes across the country. Unfortunately, millions of children in the private rented sector are also living with damp, mould or excessively cold temperatures, causing conditions such as asthma, pneumonia and respiratory illness. What plans do the Government have to tackle poor conditions for tenants in private rented homes?

[Baroness Scott of Bybrook (Con)]

My Lords, there are differences between the rented housing tenures. Almost half of private rental landlords own a single property and the vast majority own fewer than five so, unlike social housing landlords, very few will have in-house or contracted repair and maintenance teams, which makes it more difficult. We have to consider proportionate timescales in legislation for the private rented sector. However, we are taking action to improve the safety and decency of private rented homes through the Renters Reform Bill, which will be in this House shortly. We have introduced an amendment to the Bill to apply a decent homes standard to the private rental sector for the first time and to give local councils enforcement powers to deal with non-decent homes. As I say, that Bill will be introduced to this House shortly. We will also set up a new private rented sector ombudsman through that Bill, which will also have extra powers.

Windrush Generation: 75th Anniversary

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Wednesday 24th May 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

The right reverend Prelate is referring to the Wendy Williams recommendations. Home Office officials looked at them and recommended to the Home Secretary that three of them are not needed. Extensive consideration has been given to how we deliver all the recommendations in an appropriate and meaningful way, ensuring that individuals have the opportunities to tell all their stories, amplifying the voices of individuals, engaging with the immigration system and driving scrutiny of the department. We think that those recommendations are unnecessary at the moment.

[Lord Khan of Burnley (Lab)]

My Lords, we all owe enormous gratitude to the Windrush generation, who played a pivotal role in rebuilding the Britain that we know today. The Minister may recall that, during a debate in January, I asked her for a timetable for the Home Office’s implementation of the Wendy Williams recommendations. Unfortunately, less than a week later, the Home Secretary announced that some measures would not be delivered. I ask the Minister today for an update on the implementation of the measures the Government are committed to. It is tragic that the Home Secretary has not learned the lessons of that appalling scandal. Are the Government still not introducing the proposed safeguards to strengthen the borders inspectorate?

[Baroness Scott of Bybrook (Con)]

As I said in a previous answer, we will not be implementing those three recommendations. I probably have not got time to address here how far we have got with the other recommendations, but I will write to the noble Lord once I get that detailed information from the Home Office.

Supported Housing (Regulatory Oversight) Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

2nd reading
Friday 21st April 2023 Lords Chamber

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

My Lords, I thank my noble friend—he is not really my noble friend, but he is my noble friend—Lord Best for those kind words. There was no way that I was not going to be here as the Minister to support this Bill because, for me, it is one of the most important Bills we have seen coming through for quite a long time. I thank him for introducing the debate and congratulate him on the sponsorship of what, as I said, is an extremely important Bill. I thank other noble Lords for their support of the Bill today which, I am pleased to say, the Government are also supporting.

I also thank and pay tribute to my honourable friend the Member for Harrow East for his tireless work in making sure that the very important matter of poor-quality supported housing is now placed before this House.

I will begin by setting out the context for the measures contained in the Bill. Supported housing is home to some of the most vulnerable members of our society. People with disabilities and mental ill-health, survivors of domestic abuse, older people and people experiencing homelessness all rely on this important type of housing. Supported housing is more than just a home: it also plays a vital role in delivering better life outcomes and greater independence to those in need by providing care, support and supervision alongside accommodation.

Many excellent providers of supported housing operate in this sector, but I am very sorry to say that there are also rogues. These unscrupulous people are exploiting the system to the detriment of the very vulnerable people it is supposed to support, and at considerable cost to the taxpayer. Let us not forget that the financial benefit gained by these rogues rests on abusing the rules in housing benefit. Ministers at the Department for Work and Pensions agree that it is totally unacceptable that large amounts of public money are being paid out in housing benefit to fund this poor provision.

Before I go on to the Bill itself, I will briefly set out the action that the Government are taking to tackle the issues of poor quality in the supported housing sector. In October 2020 we published the national statement of expectations setting out the Government’s vision for the planning, commissioning and delivery of good-quality accommodation in supported housing. We also launched the supported housing pilots—which I think the noble Baroness, Lady Walmsley, brought up. Between October 2020 and September 2021, we funded five local authorities with a total of £5.4 million to explore ways of improving quality and value for money in the sector, particularly in exempt accommodation.

We published the independent evaluation of the pilots in April 2022 and have continued to build on the success of this initiative. Our ongoing supported housing improvement programme is backed by £20 million of funding and is helping 26 local authorities tackle quality issues in some of the most affected areas of the country, but we realise that we must go further. The evaluation of the pilots was clear that without providing additional powers to local authorities, our ability to fix these issues is limited. That is why the Government announced their intention to regulate the supported housing sector in a Written Ministerial Statement in March last year.

This Government’s priority is to protect the welfare of their most vulnerable citizens, and the Bill includes powers to bring in the crucial regulation that is required. We are determined to drive up quality in supported housing and drive out unscrupulous providers. Driving up standards is critical given the harmful consequences that the worst of this appalling accommodation can have for the vulnerable people living there and the damaging impacts we have seen on communities blighted by anti-social behaviour.

I will now move on to the measures set out in the Bill. The supported housing sector is increasingly complex, cutting across tenures, including both social housing and private housing supplied by charities and voluntary bodies. Given this complexity, it is right that the Government should seek information and advice about supported housing from experts. The Bill therefore creates an advisory panel, which will be established within a year of the Bill becoming law.

During the passage of the Bill in the other place there was much discussion of the paucity of data available to government on supported housing, and we have heard that again today, particularly from the noble Lord, Lord Khan of Burnley, and the noble Baroness, Lady Walmsley. We recognise the lack of data on supported housing; it is crucial that we make improvements in this area. I am pleased to say that we already have research under way to provide an estimate of the size, and importantly the cost, of the supported housing sector across Great Britain, as well as estimates of future demand. The Department for Work and Pensions has also made changes to its systems to improve the data it holds on housing benefit claims.

In addition to those measures, the Bill places a new duty on local housing authorities in England to produce supported housing strategies. These strategies will assess the current provision of supported housing and will require authorities to forecast future need in local communities. The more information and data we have, the better-informed decisions we can make about supported housing now and into the future.

For the first time, there will be a set of national standards for support: the national supported housing standards. Currently, the only requirement set out in housing benefit case law is that the support being provided is “more than minimal”—this is simply not good enough. These national standards will cover the type and quality of accommodation being used to deliver supported housing, as well as the quality of support that residents receive. The standards will apply to all supported housing providers in England and will be enforced through local authority-led licensing schemes. Licensing will apply to districts designated by either the Secretary of State or the local authority.

The Bill also sets out what conditions will need to be met in order to obtain a licence. These may refer to the standard and the use of the accommodation, the requirement for a support needs assessment, the provision of care, support and supervision, as well as meeting the national standards. Penalties will rightly apply where licensing conditions are not met, or where supported housing is operating without a licence in a designated licensing area. Powers in the Bill allow us to make provision for offences and penalties in the licensing regulations.

The Government are aware of the potential for unintended consequences for people in need of supported housing services. Crucially, the Bill places a duty on the Secretary of State to consult on the key measures that I have set out before making any regulations. This includes a requirement to seek the views of statutory consultees. Stakeholders can be reassured that the Government are determined to work with them to understand the impact of these measures and to ensure that any risks are understood before proceeding. But we are clear that the purpose of these changes is to drive out rogue providers, which is paramount.

Further measures in the Bill include a requirement to review the effect of the licensing regime after three years, to consider whether a change in planning law is warranted. This was brought up by a number of noble Lords, and I assure them that we will review that. A change to homelessness legislation will ensure that anyone who finds themselves forced to leave supported housing because it does not comply with the national standards will not be intentionally homeless. My noble friend Lord Young of Cookham brought up the important issue of social housing data on the demand for supported housing that is not held centrally. We are commissioning that research because we need to know what the effect will be once we put these measures in place. We need to know the current and future demands, because we cannot have people being made homeless unintentionally through the Bill.

As I said, the Bill also requires local authorities to produce strategic plans, as we heard, and they will therefore forecast the need in their areas. In order to produce those plans, they will have to know the baseline for accommodation at that time. Local authority providers and the Government are there to ensure that supported housing needs can and will be met.

My noble friend also raised the issue of discharging obligations and powers in the Bill. First of all, as I said, the advisory panel will be set up as soon as possible after the Bill becomes law and will be an important part of ensuring that these actions are delivered. My noble friend brought up national standards, and, as I said, the Government have already started work with stakeholders across the housing sector to develop the standards. As far as the licensing is concerned, the Government will consult on measures to enforce the standards, and, as I said, we intend to introduce a licensing regime, as is set out in the Bill.

A number of noble Lords brought up the issue of the Select Committee report. The Government are considering the areas that the Select Committee highlighted, and we will publish a response in due course. We know that the Bill alone is not enough, so we are committed to taking forward further action, if needed—first of all, to get rid of rogue landlords, and, most importantly, to keep driving up the quality of supported housing.

The noble Baroness, Lady Walmsley, brought up the really important issue of the impact on good providers. There are some fantastic providers out there; I know that personally, because my daughter is in supported housing, as I have mentioned before. The Government are determined to avoid any unintended consequences for good providers of supported housing. We are already working with stakeholders on the detail, and, as I said, we will consult before committing to the detail of the licensing scheme and the standards.

The cost to local authorities will be assessed. I know that this is important, quite rightly, if we are putting new burdens on local authorities—and this is a big burden, as well as an important one. Costs will be assessed through the new burdens process, as usual. I hope that response puts noble Lords’ minds at rest on that subject.

The noble Lord, Lord Campbell-Savours, brought up a number of issues, most of which will be covered by the 12-week consultation, but I am more than happy to look at Hansard and go through his questions to make sure he gets a written answer, as that is what he asked for. We will make sure that copies of that will be in the Library.

The noble Baroness, Lady Warwick of Undercliffe, discussed the costs of the licences and the exemptions from licences. As I said, the Government will consult on the whole scheme. Is important that local authorities and other stakeholders all get involved in that consultation, because it will be a better scheme if the people actually working in the sector get involved before we completely set it up.

Those are my responses to all the questions. There were a lot of questions on funding. The Government are absolutely aware of this and are considering and doing research on the costs of these services for the future and for this type of accommodation. I feel quite strongly—as I know the noble Lord, Lord Best, does, too—that this is part of the continuum of keeping people in their own homes with dignity for as long as possible in their lives, so this will be an increasingly important housing sector in this country for people we look after in some parts of their lives.

In closing, I will repeat that there are many excellent providers of supported housing, who are determined to provide an excellent service for their residents. Those good providers have nothing to fear. As I said, my officials are already working with stakeholders to design a scheme that will drive out the rogues but enable good-quality supported housing to continue to be delivered as it is now.

We know that time is of the essence, and the Government have committed to laying regulations within 18 months of the Bill becoming law. As I said, I am enormously grateful to my noble friend Lord Best—I still call him my noble friend—for sponsoring the Bill, and to my honourable friend the Member for Harrow East for his work in the other place. The Government are committed to stamping out the practice of rogue providers exploiting vulnerable people, at considerable cost to the taxpayer. The Bill is a crucial step forward in ensuring that people receive good-quality support in a market free from unscrupulous actors.

[Lord Khan of Burnley (Lab)]

Before the noble Baroness sits down, I want to ask about the issue that my noble friend Lady Taylor of Stevenage has raised previously and I raised today about passporting funds, where in two-tier authorities higher authorities passport funds to housing authorities and districts. Can the noble Baroness get back to us on that?

[Baroness Scott of Bybrook (Con)]

I think that that will be part of the overall research into how the system works and where the money is. It was interesting that, even at the Select Committee, a provider said that there is money in the system but it is not being used correctly. We need to have the data on this to look at all those issues.

Housing: Conditions in Rented Sector

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Thursday 16th March 2023 Lords Chamber

[Lord Khan of Burnley]

To ask His Majesty’s Government what recent steps they have taken to improve housing conditions for both social housing and privately rented properties.

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

The Government set out their ambition in the levelling-up White Paper to reduce the number of non-decent rented homes by 50% by 2030, with the biggest improvement in the lowest-performing areas. We are making progress in the social rented sector by introducing a new proactive consumer regulation regime through the Social Housing (Regulation) Bill. In the private rented sector, for the first time, we consulted on applying a minimum quality standard and we remain committed to reviewing the decent homes standard.

[Lord Khan of Burnley (Lab)]

From the latest English Housing Survey, the private sector has the highest proportion of non-decent homes, at 23%, whereas the figure is 10% in the social housing sector. While we had the White Paper, A Fairer Private Rented Sector, last year, we are still waiting on a renters reform Bill, which would introduce a decent home standard for the private rented sector, as well as ending no-fault evictions—something promised one way or another since 2019. When will the Minister, her department and the Government get a grip and take some meaningful action to prevent a repeat of the tragic experience that Awaab Ishak and his family faced in Rochdale? I note that the Government have introduced Awaab’s law in the social housing sector, but why are they neglecting the situation in the private housing sector?

[Baroness Scott of Bybrook (Con)]

We are fully committed to delivering a package of reforms that deliver our manifesto commitment to abolish no-fault Section 21 evictions, strengthen private sector renting and support both tenants and good landlords. The reforms are a once in a generation opportunity for change, and it is important that we get it right. Legislation on private rented sector reform remains a top priority for this Government and we will bring forward a renters reform Bill as soon as we can within this Parliament.

Combined Authorities (Mayoral Elections) (Amendment) Order 2022

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Monday 5th December 2022 Grand Committee

[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.

Devolved Administrations: Intergovernmental Relations

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Tuesday 8th November 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I thank my noble friend for that comment. I will take it back to the department, discuss it and then come back to her.

[Lord Khan of Burnley (Lab)]

My Lords, the challenges we face—the cost of living crisis, the climate crisis and standing up to Putin—are common across our four nations and we need to face them together. Can the Minister detail what recent engagements the Government have had in the past few months with the devolved Administrations on the climate crisis as part of preparations for COP 27?

[Baroness Scott of Bybrook (Con)]

I thank the noble Lord. I cannot give the dates for what happened but it is possible, at any time, to go on to the government website and see what those meetings were about. However, I can tell the noble Lord that if those are the issues which the devolved Governments want to speak to the Prime Minister about, I am sure he will be listening at this coming meeting.

Elections Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Report stage
Monday 25th April 2022 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, I welcome the amendments tabled by the noble Baroness, Lady Noakes, to highlight the importance that provisions relating to electoral law are consistent with accounting practice. I know that the noble Baroness speaks with great experience and expertise in this area, having served as the president of the Institute of Chartered Accountants in England and Wales, as well as holding various senior positions in the accounting and finance area.

Specifically, these amendments focus on the registration of parties and the declaration of assets in relation to this process. It is crucial that the individuals and groups participating in elections are fully transparent in their practices—a point which these Benches have consistently raised during debates on amendments in previous stages of the Bill.

I hope the Minister can provide assurances that PPERA and other legislation governing political activities are already consistent with accounting practice, but I would also appreciate if she could use this opportunity to provide a more general update on how the evolving governance of accountancy and reporting will relate to political finances.

Finally, the Minister will be aware that the Financial Reporting Council is preparing to transition to become the audit, reporting and governance authority. Can she confirm whether the Government expect the new authority to play any role in overseeing finances relating to elections? I look forward to assurances from the Minister.

[Baroness Scott of Bybrook (Con)]

My Lords, Amendments 51, 52 and 53 were tabled by my noble friend Lady Noakes, whom I thank for sharing her considerable expertise in and knowledge of this topic. Her constructive engagement with the Bill, particularly this clause, has been gratefully received in order to ensure that the law works effectively and as intended.

Asset declarations upon registration as a political party is an important matter. In answer to the question of the noble Baroness, Lady Hayman, in Committee, I say that this measure was recommended by the Electoral Commission in its 2013 and 2018 reports—A Regulatory Review of the UK’s Party and Election Finance Laws, and Digital Campaigning: Increasing Transparency for Voters. This led to the Committee on Standards in Public Life making the very same recommendation in its 2021 report Regulating Election Finance.

Clause 22 introduces provisions that will require new political parties to declare whether they have assets or liabilities in excess of £500 when they register with the Electoral Commission as a political party. Those with assets or liabilities in excess of £500 will be required to give a record of them as part of their registration. This will provide an increased level of transparency regarding a political party’s financial position at the point of registration. As part of the registration process, new political parties are not currently required to submit a declaration of the assets they own or liabilities they have. This information only becomes available in their first annual statement of accounts, published on the Electoral Commission’s website, which may be up to 18 months after registration.

The central policy aim of Clause 22 is to ensure greater transparency regarding the financial situation of new political parties. It is my and the Government’s view that my noble friend Lady Noakes’s technical amendments make this clearer and easier to understand for political parties registering with the Electoral Commission. These amendments will remove the requirement to add together the assets and liabilities, therefore bringing this clause into line with the more standard accounting practices that my noble friend has shared with us. I will read Hansard tomorrow and make sure that the noble Lord has a written answer to the questions that he asked. Therefore, I am pleased to say that the Government support this amendment, and I urge the noble Lords to do so too.

Elections Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Lords Hansard - Part 2 & Report stage
Wednesday 6th April 2022 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, I shall speak very briefly to Amendment 42. First, I have huge admiration for my noble friend Lord Dubs and the noble Lord, Lord Naseby, and I recognise the history of campaigning on these issues. A lot of interesting points have been made this evening, but given the hour, I just want to say that I am grateful to my noble friend Lord Stansgate for providing his context and family experience. I agree with what the noble Lord, Lord Rennard, says. This is a very interesting debate and I look forward to the Minister’s response.

[Baroness Scott of Bybrook (Con)]

My Lords, the Government’s position on this matter remains one of principle: namely, that it is not right for any one citizen to have the privilege of being represented twice. Enfranchising noble Lords to vote in UK parliamentary elections would give us two ways of being represented in Parliament: through our permanent membership here and ability to vote on legislation as we are today, and through our elected MP.

As we discussed in Committee, this is not the case for those currently sitting in the House of Commons. Once an election is called and Parliament is dissolved, an MP ceases to be an elected official and must seek re-election before returning to their place in the House of Commons. It is therefore right that they are able to vote in parliamentary elections, as not allowing them to do so would mean denying them a say in the democratic process.

We, however, do not cease to be Peers at the time of an election, and to allow us to vote would give us twice the representation of other citizens. In our roles in this Chamber, we are privileged to have an active role in the scrutiny of legislation and active participation in the democratic process of this country. To extend this participation further would undermine the principle that all citizens are equally represented in politics. I urge that this amendment be withdrawn.

Elections Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Lords Hansard - Part 1 & Report stage
Wednesday 6th April 2022 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, I will briefly address the points made by the noble Lord, Lord Hayward. There is an anomaly. The Welsh Senedd has made this clear and made important changes so I am sure that we can get this simple amendment accepted, in the spirit of the previous group. The Minister—I am glad to see him back in his place; I wish him the very best of health—accepted the previous amendments, so I am sure that it will be straightforward for him to accept these ones. I look forward to his response.

[Baroness Scott of Bybrook (Con)]

My Lords, with respect to Amendments 31 to 33 and 38, under the current law, a person who is nominated as a candidate must give their full name. They may also provide a commonly used forename or surname, which must be different to any of the names already given, that they would like to have included on the ballot paper. My noble friend Lord Hayward has highlighted that this does not, for example, facilitate the use of a middle name where someone is commonly known by such a name.

My noble friend’s amendments would widen the scope of the current provisions concerning the use of commonly used names by candidates. They would allow a person to include on their nomination paper any name that they commonly use as a forename or surname. For example, under this amendment, a candidate would be able to choose to use their middle name if that is a commonly known name for them. A candidate may also use a commonly used forename and surname on the ballot paper.

When my noble friend raised this issue in Committee, the Minister, my noble friend Lord True, indicated that the suggestions had some merit. After further consideration, I am pleased to say that the Government consider that these are sensible changes and we are able to support my noble friend’s amendments.

Building Safety Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Lords Hansard - Part 2 & Report stage
Tuesday 29th March 2022 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, I welcome these technical amendments, tabled by the Minister. While I will not unnecessarily detain the House by discussing each amendment, I would appreciate clarification on a small number of issues.

First, Amendment 17 provides the building safety regulator with a power to conduct inspections of building control bodies, thereby giving further oversight of building control bodies provision. Can the Minister explain what guidance will be given on the conduct of such inspections?

Secondly, Amendments 243, 244 and 265 will together mandate a warranty of 15 years minimum as a standard, while enabling the making of regulations for warranties to set a minimum period of liability for developers, minimum standards for the warranty, and a penalty regime for any developers failing to comply. On the warranty, can the Minister explain the rationale for 15 years? Can she elaborate on the Government’s plans for the penalty regime?

As I stated earlier, I welcome these technical amendments and look forward to clarification from the Minister.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank noble Lords for this short debate on these amendments. I am very pleased that most of them, if not all of them, have been welcomed, because I think they will make a difference to the housing market.

The noble Lord, Lord Stunell, brought up the issue of why the amendments have come so late. It is because we listened; the Minister listened, in Committee, to this issue, and therefore the Government have brought forward these amendments. I think the important thing about insurance requirements, as I said, is that the Government are expecting this to reinvigorate the insurance market. At the moment, that is not the case because it is all done through specific Government-procured insurance. This should reinvigorate the market that, as he quite rightly says, is not as vigorous as it should be at the moment. So that is one thing.

The insurance of approved inspectors was mentioned. It will be for the building safety regulator to decide how to set up insurance requirements for approved inspectors. This can be done by the regulator through its professional conduct rules.

The noble Lord, Lord Khan, asked who has oversight of this. It will be the building safety regulator. That is their job, and it is through their rules and regulations that they will make sure that these things are delivered.

Lastly, I am afraid I do not know how the 15 years came about, but I will find an answer for the noble Lord. It is in line with the prospective limitation period for action under the Defective Premises Act 1972—but I will find out how that came about in 1972 for the noble Lord.

Elections Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Lords Hansard - Part 2 & Committee stage
Wednesday 23rd March 2022 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, I shall speak briefly to this amendment, which would protect the rights of people in temporary housing to stand for election where the local authority provides temporary housing outside the local authority area. At any given point, close to 100,000 households live in temporary accommodation, according to quarterly statistics published by the Department for Levelling Up, Housing and Communities.

The noble Baroness, Lady Bennett of Manor Castle, is right to draw attention to their right to participate in the democratic process, and I fully support the intention behind her amendment. We on these Benches fully support the points she made. Those who live in temporary accommodation are often most in need of their voice being heard, especially at local authority level. The suggestion that they would be prevented from standing for the relevant local authority due to the fact that their temporary accommodation is located outside the boundary is absurd. I hope the Minister will accept the case behind the amendment and work with the noble Baroness to find a solution to the problem.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Baroness for the amendment. Although admirable in its intent, it introduces an unwelcome subjective element into the current objective criteria that specify qualifications for election as a member of a local authority. It presupposes that an individual, if moved by their local authority into temporary accommodation out of the area where they are standing for election, would otherwise satisfy the qualification criteria had they not been moved by their local authority.

The qualification criteria for local elected office must be beyond doubt. The amendment as drafted would remove the demonstration of consistent connection with an area that the current criteria rightly demand. The amendment would introduce a subjective qualification that the individual believes that they would otherwise categorically have remained eligible within the existing criteria, but this is not objective; it could be neither proved nor disproved. It would be unreasonable for the local electorate to be asked to consider voting for someone who may no longer have a strong connection with the local area nor any demonstrable proof that they would otherwise have maintained that contact.

There are other criteria for standing in local elections, and I think it is important that anyone in this situation looks at those—specifically, that they have been a local government elector for the last 12 months and that they have during the last 12 months preceding that day occupied as owner or tenant any land or other premises in that area. If they work in that area then they can stand for local election, or if they have resided there for the whole of those 12 months before they were moved just before the election. Also, there is the case that they are a member of a parish or community council. There are other points for people to consider.

We have looked at this and will give it further thought, because it is an interesting concept that has not come up before. We do not make any promises, but we will look at it. At this moment, though, the Government cannot accept the amendment and I urge the noble Baroness to withdraw it. Maybe we can have further conversations.

Elections Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Lords Hansard - Part 2 & Committee stage
Monday 21st March 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, as has been said, these amendments are to Clause 7, which concerns the important issue of the secrecy of the ballot for postal and proxy voters. The clause extends the requirements currently in place to protect the secrecy of voting for persons voting in polling stations to postal and proxy voting. These sensible change implementations are an important recommendation from the Pickles report.

First, in bringing forward government Amendments 98, 99 and 101 to 103, we have listened to feedback from political parties about the scope and effect of the provisions as drafted. Currently, the clause includes provisions that make it an offence for a person to obtain, attempt to obtain or communicate to anyone information about whether a postal voter has voted or about the candidate for whom they have voted. As drafted, this applies for the whole period that the elector is in possession of their postal ballot paper, which could be up to three weeks.

We now recognise that this approach goes beyond what is helpful to protect the voter and strays into unnecessarily criminalising not only legitimate political activity to engage electors in campaigns but important public information, such as opinion polling. The amendments would limit the scope of these provisions by providing for it to be an offence for a person to seek information about for whom a postal voter has voted at the time they are completing their ballot paper, or to communicate such information obtained at that time. Campaigners could therefore seek and communicate information that they obtain outside this period. This is in line with the protection for voters in polling stations, who are protected when they are in that polling station.

The amendments would also remove the restriction on asking whether a postal voter has voted so that campaigners can ask a postal voter whether they have voted, to encourage them to do so. Further, under the amendments, the offence would not apply to opinion-polling activity asking how a postal voter has voted, or intends to vote, to avoid criminalising opinion pollsters. The amendments seek to address the unintended consequences that the provisions, as they stand, would have. They would narrow the scope of the provisions so that they do not prevent legitimate campaigning by political parties and candidates outside the time when a person completes their postal ballot paper or legitimate opinion polling at any time.

I reassure noble Lords that the measures will improve the integrity of the postal vote process by reducing the opportunity for individuals to exploit the process and coerce other voters. They will give greater confidence in the integrity of absent voting; I therefore urge the Committee to accept these amendments.

The amendments tabled by the noble Baroness seek to provide that attempting to communicate information about a person’s postal vote as well as actually communicating the information is covered in the secrecy offence. Also, the amendments seek to include in the offence obtaining or attempting to obtain information or communicating information about whether a person voting by postal vote has spoilt their ballot. The Government consider that these amendments are unnecessary, as I have explained. The amendments that the Government have tabled seek to bring the protection for postal voters into line with that for those voting in polling stations.

The amendments tabled by the noble Baroness would mean that there would be inconsistency in the requirements for voters in polling stations and postal voters, which would not favour them. I note that, currently, it is an offence for a person to obtain or attempt to obtain information or communicate information as to the candidate for whom a voter has voted in a polling station, and we are applying this to postal voters.

Spoilt ballot papers are not included in the existing provisions, which relate to the time when a voter is casting their vote. It is for the returning officer to decide if a vote has been spoilt and cannot be counted. That cannot be done before it is cast. To try to include such a provision could lead to uncertainty about the scope of the offence and the role of the statutory independent returning officer in making any such determination. The Government therefore cannot accept these amendments.

I turn to the amendment from my noble friend Lord Hayward, which would provide the Secretary of State with a power to issue guidance on the steps that presiding officers or clerks should take to ensure the secrecy of the ballot in polling stations. I reassure noble Lords that the Government take this and the concerns that have been raised very seriously. The Government’s view is that the secrecy of the ballot is fundamental to the ability of voters to cast their vote freely, without undue pressure to vote in a certain way. The Government fully endorse the principle that someone’s vote must be personal and secret, and that no elector should ever be subject to intimidation or coercion when voting. There are already provisions in place in electoral law to ensure the secrecy of voting in polling stations. The current legislation requires that voters should not be accompanied by another person at a polling booth except in specific circumstances, such as being a child of a voter, a formal companion or a member of staff.

Returning officers and their staff in polling stations are responsible for making sure that these requirements are upheld. In this way, they are supported by the Electoral Commission, which issues guidance to returning officers and polling station staff to help them to undertake their duties.

I note that the Electoral Commission guidance specifically advises polling station staff that they should make sure that voters go to polling booths individually, so that their right to a secret vote is protected. Therefore, I do not consider that it is the role of government to issue such guidance as provided for in the amendment. However, given the important concerns that have been raised on the secrecy of voting, Minister Badenoch will be writing to the Electoral Commission and the Metropolitan Police to confirm our common understanding of the position set out in legislation—that the only people who should provide assistance at a polling booth are polling station staff and companions who are doing so only for the purpose of supporting an elector with health and/or accessibility issues that need such support. We are confident that the Electoral Commission will be able to respond promptly, and I reassure the noble Lord and the rest of the House that we will report back on this matter.

For these reasons, I hope that the amendments from the noble Baroness and the noble Lord will not be pressed.

[Lord Khan of Burnley (Lab)]

My Lords, I thank the Minister for her response and the noble Lords, Lord Hayward and Lord Scriven, for their contributions. I want to say how impeccable the noble Lord, Lord Adonis, was in reading the Ballot Act 1872 in the space of this debate, and I congratulate him on his reading skills. In doing so, I beg leave to withdraw the amendment.

Elections Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Lords Hansard - Part 1 & Committee stage
Tuesday 15th March 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, the Bill delivers on the Government’s manifesto commitment to secure the integrity of elections, ensuring that they remain secure, fair, transparent and up to date. The UK Government undertook extensive engagement with the devolved Administrations in preparing the policy and drafting the legislation. For a number of measures that are within devolved competence, the UK Government considered that a co-ordinated UK-wide approach would have been beneficial by ensuring consistency and operability for electoral administrators and those regulated by electoral law, and strengthening protection for electors and relevant political actors. It is therefore regrettable that, while the Government sought legislative consent for these measures, the Scottish Parliament has not granted such consent and the Welsh Government have recommended that the Senedd does not grant legislative consent to these measures.

This amendment would require the Secretary of State to make a statement on the application of Clause 20 in devolved Administrations. This measure will apply only to candidates at reserved elections, and the Scottish and Welsh Governments could choose to replicate these measures in respect of elections within their legislative competence. For clarity and reference, I remind noble Lords that subsections (2) to (7) of Clause 18 make equivalent amendments in respect of other campaigners, including political parties.

We are respecting the request of the devolved Governments by limiting this power in application only to elections within the UK Government’s legislative competence. Clause 25 is necessary because it is important that new categories of campaigner can be added to the list if necessary. This is because the introduction of the restriction on third-party expenditure in Clause 24 means that any category of campaigner not on the list will be significantly restricted in their ability to campaign by not being able to spend more than £700.

The relevant provisions will apply only to matters of reserved or excepted elections, and the Bill makes an important clarification, so that candidates and their agents can have full confidence about their legal responsibilities and do not need to fear being responsible for benefits in kind of which they had no knowledge. The Scottish and Welsh Governments could choose to replicate these measures within their legislative competence.

Finally, I will reiterate that the Electoral Commission will be responsible for preparing guidance on notional expenditure which will support those seeking to contest elections and enter public life throughout the whole of the UK. With that said, I ask the noble Lord to withdraw his amendment.

[Lord Khan of Burnley (Lab)]

I thank the Minister for that comprehensive response. Just to reiterate, we will continue to have discussions around devolution, as it is affected by many parts of this Bill. In the meantime, I beg leave to withdraw.

Building Safety Bill

Debate between Baroness Scott of Bybrook and Lord Khan of Burnley

Committee stage
Monday 28th February 2022 Grand Committee

[Lord Khan of Burnley (Lab)]

My Lords, I rise briefly to speak to Amendment 45, in the name of the noble Lord, Lord Best, and well supported by the noble Baroness, Lady Neville-Rolfe. I reiterate that this amendment is about looking at leaseholder-owned or leaseholder-controlled companies appointing an external professional to discharge the functions of the accountable person or principal accountable person. The amendment also talks about costs and maybe looking at service charges.

I want to ask this of the Minister. On these Benches we have a big concern about the actual level of service charges at the moment. These charges are already quite high and they are passed on to leaseholders and tenants. Have the Government looked at the aspect of service-charge pricing and whether leaseholders will be able to bear the cost of having this expertise, as detailed in the amendment? We absolutely recognise the importance of the amendment and we are supportive of it. We are equally concerned about using service charges in order to fund these kinds of important, necessary steps. The impact on leaseholders and tenants is a big concern.

On what was discussed previously in Committee, I will add something in relation to professional expertise and skills, and having the opportunity to pass on these responsibilities to somebody who can take care of this important role, focusing on the function of the accountable person or principal accountable person. I will not talk about this at length, but it calls for a debate about the current situation and whether the Government are fulfilling the needs of leaseholders and tenants. I will finish by saying that there is a big concern about service charges overall, about pricing and about how this will have an impact subsequently on leaseholders.

[Baroness Scott of Bybrook (Con)]

My Lords, first, I will answer the noble Lord, Lord Khan. He brings up an important issue and I heard his concerns on the level of service charges to leaseholders. I do not think that that is particularly relevant to this amendment, but I hear his concerns and I will take them back to the department and we will get a letter to him saying what we are doing about that.

I am sorry, but I am going to disappoint the noble Lord, Lord Best, on this amendment—but perhaps not as much as I could have done. I thank him and my noble friend Lady Neville-Rolfe for raising this important matter. The Bill provides that an accountable person is the entity responsible for the repair of the exterior, structure and common parts of a building. This may well include leaseholders who have set up resident-led organisations exercising their statutory right to take control of their building away from the freeholder. These statutory rights are very important. They act as a device to ensure that the imbalance of power between freehold and leasehold tenure is redressed and that leaseholders are empowered to make decisions about the safety management of their buildings. With this empowerment come responsibilities and accountability. The amendment would allow such resident-led organisations to appoint a third party to be responsible for their building’s safety management, passing culpability to that third party if anything went wrong.