Renters’ Rights Bill

Baroness Taylor of Stevenage Excerpts

Tuesday 4th February 2025 Lords Chamber

Moved by

[Baroness Taylor of Stevenage]

That the Bill be now read a second time.

Scottish and Welsh Legislative Consent sought.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I extend my thanks to the many noble Lords with whom I have spoken about this Bill, and to Members of this House and people outside it who have worked so hard to improve the private rented sector over many years. I am looking forward to the maiden speeches of my noble friends Lady Brown and Lord Wilson.

The private rental system needs to change. It currently provides the least affordable, poorest quality and most insecure housing of all tenures. The insecurity it engenders creates uncertainty in the lives of tenants and allows good landlords to be undercut by the minority of rogues and chancers. In short, the 11 million private renters and the 2.3 million landlords across England are being failed.

The Renters’ Rights Bill brings forward the most significant changes to the sector for nearly 40 years. The Bill will strengthen the security of tenure for tenants; ensure that they are paying a fair rent; guarantee a minimum standard that they can expect from a property; provide new robust avenues to redress; and more. The Government have worked closely with those across the sector to ensure that the Bill’s measures strike the right balance. I will set out some of these key measures.

As many noble Lords will be aware, the Bill will deliver the Government’s manifesto commitment to abolish Section 21 no-fault evictions as soon as possible, removing the threat of arbitrary eviction and granting renters the security and stability they deserve. Section 21 evictions can wreak havoc with tenants’ employment, schooling and lives in general. As leader of Stevenage Council, I saw at first hand the knock-on effects that arbitrary evictions can have on families’ physical and mental health, with more people pushed into inadequate temporary accommodation. The case that always sticks with me is that of the parents of a child with special educational needs, who fought and fought to get their child into a school near where they lived but were then evicted from the very property that was near to that school.

It is unacceptable that over 123,000 households in England are currently living in temporary accommodation. This includes 159,380 children—the highest number of children in temporary accommodation on record. Removing this threat will immediately improve the lives of millions.

The Government also recognise that the vast majority of landlords provide an excellent service, and it is vital to ensure landlords can reclaim their properties when they need to. To this end, new, clear and expanded possession grounds will be introduced. We will ensure these are as watertight as possible, so that they cannot be abused by landlords seeking possession for the wrong reasons. These robust grounds will ensure that there is no room for loopholes in the system, and tenants will benefit from longer notice and protected periods.

The new tenancy system will operate on the basis of periodic tenancies. This will support tenants who want to leave poor-quality homes or face circumstances such as domestic abuse. Tenants will be able to give two months’ notice at any point.

I know several noble Lords have raised concerns about the removal of fixed-term tenancies. To be clear, it is a core principle of this Bill, and this Government’s firm belief, that there is no place for fixed terms in the future assured tenancy system. Both landlords and tenants will benefit from a simpler system, with a single set of rights and responsibilities. Neither group should be locked into a fixed term if their circumstances change.

In designing the grounds, the Government took time to ensure the Bill works for everyone, including students. To meet this goal, a new possession ground has been created to allow landlords renting to students in HMOs to seek possession ahead of each new academic year, facilitating the yearly cycle of short-term student tenancies. To further protect the student market, private purpose-built student accommodation will be removed from the assured tenancy system in recognition of the limited market such accommodation focuses on, and the differences between purpose-built accommodation and “off-street” private housing rented to students. Providers must sign up to government-approved codes of practice, which will ensure homes are safe and good quality, to be removed from the assured tenancy system.

The Bill also makes changes to the system by which rent can be increased, preventing unscrupulous landlords from using unfair rent increases to evict tenants by the back door. Landlords will now be able to increase rents only once per year and they must do so through the Section 13 process. Tenants will be empowered to challenge egregious increases at the First-tier Tribunal, without fear of receiving a higher rent than the landlord initially intended.

To further support tenants trying to do the right thing, a mandatory repeated rent arrears ground will not be included in the Bill. We will also increase the mandatory threshold for eviction under the mandatory rent arrears ground from two to three months.

The Bill proposes new laws to end the cruel practice of rental bidding wars by landlords and letting agents. For too many tenants, rental bidding restricts their ability to make an informed choice about one of the most financially significant decisions they face. They are led to think they have found a property they can afford to rent, only to discover they would need to pay way over the asking price to secure it. Our reforms will end this practice for good. Landlords and letting agents will be required to publish an asking rent for their property and will then be prohibited from asking for, encouraging or accepting a higher offer.

Following amendment on Report in the Commons, the Bill will also limit the amount of rent in advance that a landlord can require after the tenancy has been signed but before the tenant has taken possession to a maximum of one month. That aside, landlords will no longer be able to include any terms in the tenancy agreement that have the effect of requiring rent to be paid prior to the rent due date. Tenants will retain the flexibility to make payments of rent in advance during the tenancy should they wish to do so. Taken together, these measures will prevent the small number of unscrupulous landlords setting tenants against each other or excluding altogether renters who are perfectly able to afford the monthly rent on a property.

Everyone in the private rented sector is entitled to a safe and decent home. This Bill will make it illegal for landlords and letting agents in England, Scotland and Wales to discriminate against tenants in receipt of benefits or because they have children. Local councils will have strong enforcement powers to tackle unlawful practices related to rental discrimination. Mortgage lenders and insurers will also no longer be able to impose restrictive discriminatory terms.

Pets can bring a huge amount of joy to people’s lives, and this cannot be restricted to those lucky enough to own their own home. We are committed to supporting responsible pet ownership in the private rented sector. The Bill will ensure that landlords do not unreasonably withhold consent when a tenant requests to have a pet in their home, with the tenant able to challenge unfair decisions. We know that some landlords are concerned about potential damage caused by pets. That is why the Bill will allow landlords to require insurance covering pet damage. I thank the noble Earl, Lord Kinnoull, and the noble Lords, Lord Trees and Lord de Clifford, for their fantastic expertise, which they have shared with us to ensure that these reforms will work as intended. We continue to work with them.

The decent homes standard, which applies only to the social rented sector, will apply to the private rented sector and be enforceable for the first time. This will ensure that privately rented homes are safe, secure and hazard free, tackling the blight of poor-quality homes. The Bill will also extend the application of Awaab’s law to the private rented sector, enabling the setting of clear legal expectations about the timeframes within which landlords must make homes safe when they contain serious hazards. We will launch a consultation on the content of the decent homes standard for social and privately rented homes in the coming months. We will also set out further information about the timescales for implementation in due course.

The Bill provides for the introduction of a new PRS landlord ombudsman service that will deliver quick, fair, impartial and binding resolutions for tenants whose landlords fail to resolve legitimate complaints. The ombudsman will support a number of the new measures the Bill introduces—for example, giving tenants further opportunity to escalate issues where a landlord has encouraged a bidding war or unreasonably refused a pet.

The Housing Ombudsman Service has extensive experience in tenant-landlord services and redress and is well placed to deliver streamlined redress for both private and social tenants. We said in opposition that we agreed with this approach, and we are still of that view. However, this is not a final decision. We will continue working to design the best possible service for users and, following a full value-for-money assessment, we will determine who is best placed to deliver a high- quality service.

This Bill also introduces a private rented sector database, through which tenants will be able to access information to inform choices when entering new tenancies. Landlords will be able to understand their obligations and demonstrate compliance, and local authorities will be able to use the database to target enforcement activity. We will continue to consider what information is necessary to collect to support more informed rental experiences for tenants, and to provide local authorities with a dataset which will support the enforcement of health and safety standards in the private rented sector.

The changes I have just mentioned have the potential to transform the experience of renting in England, but their success is contingent on effective enforcement. The Bill will strengthen local councils’ enforcement powers and introduce a new requirement for councils to report on enforcement activity. The Bill includes a staged enforcement framework for local authority enforcement. New maximum penalties of £7,000 and £40,000 will be introduced for initial or minor compliance and for serious, repeat or persistent non-compliance respectively.

The Bill will also significantly strengthen rent repayment orders. This will provide a stronger deterrent against non-compliance and further empower tenants to take action against landlords when they commit offences. More offences will be brought into the scope of rent repayment orders. Further changes include making sure superior landlords and company directors can be held liable, and doubling the maximum amount a landlord can be ordered to pay from one to two years’ rent. We are also doubling the period in which tenants and local authorities can apply for a rent repayment order and requiring repeat offenders to pay the maximum amount.

New investigatory powers will make it easier for councils to identify and fine unscrupulous landlords. Local authorities will be able to request information from third parties and enter business premises and—in much more limited circumstances—residential premises to gather evidence where required. The new powers contain safeguards to ensure that they are used appropriately and proportionately.

It is imperative that the reforms in the Bill can be handled by the courts and tribunals system; many noble Lords have expressed concerns about this and have raised them with me. I want to reassure noble Lords that we are working closely with the Ministry of Justice to ensure that the justice system is prepared for the implementation of this Bill. Most tenancies end without court proceedings being required, and the digitisation of the court possession process will make the process easier to navigate for landlords and tenants in those cases where they are. I will be meeting very soon with a number of noble Lords who have expressed interest in this digitisation process, and I look forward to that further engagement.

I know we all share a wish to see fairness and proportionality in any regulatory framework. We believe we have achieved that in our reforms, and I very much look forward to your Lordships’ scrutiny of the Bill. The Bill ensures that tenants can put down roots in their communities. They deserve to enjoy that stability, just as home owners do, and we should reward landlords who provide the excellent service that so many of them do. This will be the biggest change to the experience of renting in this country for generations. I believe the measures in the Renters’ Rights Bill are sufficiently comprehensive, robust and balanced to achieve that change, and give all tenants a better place to call home. I beg to move.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank all noble Lords for their excellent contributions. It has been a very interesting and thoughtful debate, and it has been a pleasure to listen to the contributions with the expertise that we have around the House. At times, I felt a bit like Doctor Dolittle, as the debates ranged from fleas, to parrots, to packs of Alsatians— I will come on to pets in a moment.

First, I congratulate my noble friends Lord Wilson of Sedgefield and Lady Brown of Silvertown on their outstanding maiden speeches. The noble Lord, Lord Wilson, made very moving references to the history of our industrial heritage and his own family’s part in that. I congratulate him on his new grandchild and wish his mum a happy 100th birthday.

I was very pleased to hear about the East End heritage of the noble Baroness, Lady Brown. That is where my own family came from, with my dad’s family growing up in Bethnal Green and then Walthamstow, in Highams Park where I spent a great deal of my childhood with my granny. I welcome both noble Lords to the House; we all very much look forward to working with them. All three of us are examples of the social mobility which should be everyone’s opportunity, not just in our country but, as the noble Baroness, Lady Brown, pointed out, across the world. Safe, secure, affordable housing is part of that social mobility, so it is very appropriate for today’s debate.

I will endeavour to respond to all the points raised by noble Lords. There was a great deal raised in the debate, so, if I miss anything, I will of course write to noble Lords afterwards. We can also have many further discussions in Committee on these points.

Before I get on to those specific points, as others have said, it is a bit disappointing, bearing in mind that this builds on the Bill brought by the previous Government, that the Conservatives voted against this Bill in the Commons. To the remarks of the noble Lord, Lord Howard, about my Government’s competency on housing, I hope he was listening to what many other Peers said about the housing crisis, because it is his party that has presided over that, not mine.

I will go into some more detail on the Bill and the points that noble Lords have made. There were some very important issues raised, to which we will give much further consideration in Committee. Abolishing Section 21 was mentioned by many noble Lords, but by the noble Baronesses, Lady Scott and Lady Thornhill, and the noble Lord, Lord Cromwell, in particular. It is one of the Government’s most pressing objectives to remove Section 21 from the statute book as soon as possible. The new tenancy system for the private rented sector will be introduced in one stage. At this point, it will apply to all private rented tenancies and existing tenancies will convert to the new system, including those that currently have a fixed term. New tenancies signed after the date will also be governed by the new rules: thereafter, no private landlord will be able to serve a new Section 21 notice. This single date will prevent a confusing two-tier system and give all tenants security in their homes immediately.

As the noble Baroness, Lady Thornhill, said, I am very grateful for all the briefings we have received on this and to all those organisations that have campaigned so hard and for so long on behalf of both landlords and tenants. I reassure noble Lords that we will work closely with all parts of the sector, including the courts, to ensure a smooth transition to the new system, and we will provide sufficient notice ahead of implementation.

The noble Baronesses, Lady Eaton and Lady Thornhill, and the noble Lords, Lord Howard, Lord Cromwell and Lord Marlesford, made points about the abolition of fixed terms. I understand the concerns about that but, as I made clear in my opening speech, this is a core principle of the Bill and a change this Government believe is fundamental to providing security of tenure. It was also the policy of the last Government and stands as a core foundation of our tenancy regime. We just do not accept that fixed terms offer the best structure for renters. They oblige them to pay rent regardless of the standard of the property or whether it is best for their circumstances, and they restrict renters’ freedom to move if they need to.

These changes do not pose any threat to good landlords who operate fairly and comply with the rules. Tenants do not move house unless they absolutely have to, because of the cost and upheaval. If they leave, they will be required to provide two months’ notice, giving landlords time to find new tenants. We are not prepared to lock tenants in for longer, which would prevent them leaving properties with dangerous hazards or even in situations of domestic abuse.

Several noble Lords—I will go through the list, as there was quite a lot of them—mentioned the potential impact of these reforms on supply in the private rented sector. They include the noble Lord, Lord Best, who was a bit more positive about this, as well as the noble Baronesses, Lady Scott and Lady Thornhill, the noble Lords, Lord Willetts, Lord Shipley, Lord Thurlow, Lord Carter, Lord Howard, Lord Cromwell, Lord Northbrook and Lord Jamieson, the noble and learned Lord, Lord Etherton, and the noble Earl, Lord Lytton. I understand the concerns about supply; we have considered it very carefully. While we understand that the new system may spark a period of adaptation, we do not believe that the reforms will lead to the sort of landlord exodus that some have mooted. The sector has doubled in size since the early 2000s, and there is no evidence of an exodus since the reform has been put on the table. In addition, the recent 2023-24 English Housing Survey indicated that the size of the PRS has remained broadly stable since 2013-14.

Our proposals will make sure that landlords have the confidence and support they need to continue to invest and operate in the sector. The noble Lord, Lord Best, made some good points about the potential for PRS properties to return to social housing; I would like to think that that might be the case, but we will wait to see whether that happens. Some local authorities are already starting to buy up private property that comes on the market.

Noble Lords raised the issue of the affordability of properties, including my noble friend Lady Lister—who made a very powerful intervention, and I am grateful to her for that—the noble Lords, Lord Truscott and Lord Desai, and the noble Baronesses, Lady Thornhill and Lady Janke. We recognise the affordability pressures faced by those living in the private rented sector. The Renters’ Rights Bill works to strengthen tenants’ rights as a whole. Stronger powers to challenge excessive rent hikes complement the increase in security through the abolition of Section 21 evictions. Tenants will no longer be too frightened of eviction to challenge bad behaviour. The Bill takes practical steps to help renters, by ending unfair bidding wars, preventing landlords demanding large amounts of rent in advance, and tackling rental discrimination. We hope that that will help.

My noble friend Lady Lister raised the issue of local housing allowances. To deliver our commitment to build more affordable homes, we have had to take some difficult decisions to address the challenging fiscal context. The Government currently spend around £30 billion annually on housing support, and the April 2024 one-year local housing allowance increase will cost an additional £1.2 billion in 2024-25 and approximately £7 billion over five years. However, we will keep this under review and continue to look at it.

The noble Baroness, Lady Scott, and the noble Lords, Lord Truscott, Lord Marlesford, Lord Northbrook and Lord Jamieson, the noble Earl, Lord Kinnoull, and others raised concerns about the strain on the court system. It is a serious concern, and we take it seriously. We do not believe that it is appropriate to tie in the implementation date of these urgently needed reforms to what could be a subjective assessment of court readiness. I reassure your Lordships that we are working very closely with the Ministry of Justice to assess the impacts of our legislation on the courts and tribunals, and to ensure that the justice system is prepared for the implementation of the Bill more generally. Our discussions with the MoJ cover a range of options for managing the impact of these and our other housing reforms, including mitigations to help avoid disputes arising in the first place, thereby keeping away some of this from the courts, and to manage the risks that are associated.

After my many years in local government, I was not at all surprised that noble Lords raised the issue of local government resourcing. The noble Baronesses, Lady Eaton and Lady Thornhill, and the noble Lords, Lord Tope and Lord Davies, rightly pointed out that strengthening the enforcement framework will count for little if local authorities do not have the resources to act. Some local authorities already enforce effectively, but we acknowledge the resourcing challenges that many authorities face.

It should be noted that local authorities will not need to enforce the full set of reforms until later down the line, as measures in the Bill do not all happen at the same time. In the first instance, we want to pursue a “polluter pays” approach, which will see bad landlords meet the costs of the enforcement against them. We are supporting that by extending and increasing civil penalties, which will be ring-fenced for that enforcement. However, I accept that more must be done. In accordance with the new burdens doctrine—I think that the noble Lord, Lord Tope, asked about that—we will ensure that additional asks on local authorities as a result of our reforms are fully funded. We will look hard at how best we can further boost capacity and capability, to create that sustainable funding system over the longer term.

A number of noble Lords raised issues around extending the provisions in the Bill. The noble Baronesses, Lady Grender and Lady Thornhill, particularly referred to MoD accommodation, although I think other noble Lords raised this as well. The Government strongly agree that we should allow dedicated military personnel and their families safe and decent homes. However, bringing that accommodation within the scope of the Bill is not the right way to achieve that. The decent homes standard is already used by the MoD as a benchmark for service family accommodation. It has a policy that no homes fall below the decent homes standard and, if they do fall below this level during occupation, works are undertaken to restore them to the minimum standard.

The MoD has developed its own higher defence decent homes plus standard, its target standard for all service family accommodation, and MoD Ministers are committed to reviewing that target standard as part of the new military housing strategy for service accommodation, with the aim of improving the standard of service family accommodation across the estate. This is in line with the recommendations of the Kerslake review, which was mentioned by noble Lords, and the House of Commons Defence Committee’s recommendations in its report into service accommodation, which was published at the end of last year. The MoD will provide further information on this review early in this year.

On the extension to Home Office accommodation mentioned by the right reverend Prelate the Bishop of Lincoln, the noble Baroness, Lady Lister, and the noble Lords, Lord Tope and Lord Davies, the contracts the Home Office has with providers of asylum accommodation should already require it to meet the decent homes standard. I have heard the messages from noble Lords and I will have further negotiations and discussions with colleagues in the Home Office about that. I have also seen the briefing by London Councils and, again, I will discuss that with Home Office colleagues. On temporary and emergency accommodation, we need to think about that and I will come back to that in Committee, if that is okay.

I thank the noble Lord, Lord Cashman, for his persistence in raising the issues of houseboat owners and residents. We recognise that the occupants of residential boats have the benefit of protection under the Protection from Eviction Act and wider consumer protection legislation, but they do not enjoy the same level of tenure security as those in the private rented sector. This Bill is focused on reforming the assured tenancy regime. Houseboat owners fall outside the scope of the assured tenancy regime, but we will consider what further action might be necessary to provide house- boat owners with greater security in their homes.

I move on to pets for a moment and some very interesting contributions on this subject from the noble Lords, Lord Trees, Lord Carter and Lord Black, the noble Baroness, Lady Fookes, and other noble Lords. I say to the noble Baroness, Lady Fookes, that I am very happy to have a meeting with her. The guidance may come from the outcomes of the appeals and our consideration as we go through Committee, but I thank her for her contribution. Very little can be done to evoke the same sense of joy, as the noble Lord, Lord Black, outlined, as a beloved family pet. We do not believe that experience should be denied to those who are not able to own their own home and, for this reason, we are introducing the right. There are reasonable limitations to that, but these measures will end the choice between having a pet or a rented home and ensure that everyone in England can benefit from the great companionship that having a pet brings.

I hope we can continue to work with the noble Earl, Lord Kinnoull, on the insurance issues. They were also raised by the noble Baroness, Lady Scott, and by the noble Lords, Lord de Clifford and Lord Trees. Landlords will be able to charge reasonable costs of insurance. We listen to the concerns that insurance products will not be available to cover the risks of pets, but there is currently a reduced demand for landlord pet insurance as many landlords simply refuse to allow pets. So we hope the market will respond to the increased demand for these products. To the noble Lord, Lord Trees, I say that I will take up his point about assistance dogs—that is an issue,

I think we have covered pets. On the issues around students, which many noble Lords have raised, we have introduced a new ground specific to the so-called typical students: those living in shared houses who sign up each year. This will preserve the annual cycle of student housing. I understand the issues raised by noble Lords and no doubt we will come back to this in Committee, but we must be very careful not to leave a loophole here. We do not intend this to capture every student—far from it. For example, I do not think that it is right for a parent who lives alone with their children to be evicted just because they are studying at university. Those tenants should have the same security as everyone else. To the noble Baroness, Lady Scott, my noble friend Lady Warwick and the noble Lords, Lord Willetts and Lord Shipley, we can discuss this further, but we need to proceed with caution here.

A number of noble Lords spoke about ground 4A being too narrow. The Government recognise the impact that the new tenancy system will have. While we believe the ground covers of the majority of the market, there is not a one-size-fits-all solution. We think it is reasonable that the ground will apply to full-time students in larger house-share situations. Students studying part-time alongside work or who live in smaller properties should enjoy the same security as other tenants.

The noble Baronesses, Lady Eaton and Lady Janke, and the noble Lords, Lord Northbrook and Lord Marlesford, raised rent increases. The Government are clear that this will stop a minority of rogue landlords who try to use rent increases as a means of back-door eviction. Measures in the Bill will ensure that this does not happen. All rent increases will take place via the Section 13 process, so the tenant can challenge them if necessary. That is really important in giving tenants the assurance that they need. We will allow only one rent increase per year and will increase the required notice to give tenants longer to prepare for rent increases.

The noble Lords, Lord Shipley, Lord Howard and Lord Inglewood, all raised the issue of rent appeals. We will give tenants greater confidence to challenge unfair rent increases at the First-tier Tribunal by ensuring that the tenant will not pay more than the landlord originally asked for, following a tribunal determination. We are going further. We will end the practice of backdating rent increases, to prevent tenants being thrust into debt. To protect the most vulnerable tenants, in cases of undue hardship the tribunal will be able to delay the start of the rent increase for up to two months. Taken together, these measures ensure that tenants have a right of appeal, and prevent rent increases being used as a back-door route to eviction.

The noble Baronesses, Lady Grender, Lady Jones and Lady Janke, and my noble friends Lady Lister and Lord Davies spoke passionately about rent controls. This is an important topic for me to clarify. The Government have no plans to implement rent controls. Doing so may hinder rather than help the market. The evidence strongly suggests that controls would have a long-term negative impact on housing supply, discouraging investment and leading to declining property standards. Heavy-handed controls tend to mean higher rents at the start of a tenancy and can make it harder for tenants to find a home. They also encourage the growth of unregulated subletting, as seen in countries such as Sweden, where rent controls have been introduced. These can leave the most vulnerable tenants exposed to even higher costs and minimal protections. That is not to say that the Government do not care deeply about affordability. We are helping with the practical steps of ending bidding wars, prohibiting requests for large amounts of upfront rent and empowering tenants to challenge unreasonable rent increases.

Noble Lords have suggested that the rent-in-advance provisions will make it harder for some tenants to access the private rented sector. We have heard the arguments that requesting large amounts of rent in advance can give landlords the confidence to let. However, for the majority of renters, who do not have access to large cash reserves, these requests are simply too big a price to pay. In terms of guarantors, landlords and agents will have the final say on who they let their property to.

We are clear that landlords should consider a tenant’s individual circumstances when negotiating the rental. They are free to agree rental conditions within the law that best enable a sustainable tenancy. Landlords will be able to continue to take a holding deposit of up to one week’s rent and a tenancy deposit of five or six weeks’ rent.

I see my time is drawing to a close, so I am going to conclude my remarks. I knew I would not get through all the issues, but I will respond in writing to all noble Peers who have taken part in the debate to answer the other questions. I reiterate my thanks to your Lordships for engagement with the Bill to this point. As the Bill progresses, I am very happy to accommodate any request from noble Lords for additional briefings, wherever possible and helpful.

The Renters’ Rights Bill honours our Government’s manifesto commitment to overhaul the regulation of the private rented sector. I believe these reforms take great strides in empowering tenants, giving them greater security and stopping them from being exploited. Landlords will also be supported, and rogue operators who tarnish the reputation of the good ones will be driven out. It is important to reiterate that the intention is not to demonise landlords or tenants; they both want stable tenancies with well-maintained properties and regular rent payments. I look forward very much to working with your Lordships during the passage of this important Bill, and I commend the Bill to the House.

Bill read a second time and committed to a Committee of the Whole House.

Moved by

[Baroness Taylor of Stevenage]

That the Bill be committed to a Committee of the Whole House, and that it be an instruction to the Committee of the Whole House that they consider the Bill in the following order: Clauses 1 to 4, Schedule 1, Clauses 5 to 31, Schedule 2, Clauses 32 to 74, Schedule 3, Clauses 75 to 101, Schedule 4, Clause 102, Schedule 5, Clauses 103 to 146, Schedule 6, Clauses 147 to 149, Title.

Motion agreed.

Car Parking Companies

Baroness Taylor of Stevenage Excerpts

Tuesday 4th February 2025 Lords Chamber

[Lord Spellar]

To ask His Majesty’s Government what plans they have to regulate car parking companies with regard to the charges that they can impose on motorists.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, we understand the frustrations and complexities that motorists face in dealing with private parking, so we are exploring all possible ways to give motorists the best protection and support. We want to strike a balance between ensuring that parking charges and debt recovery fees are at a reasonable level and allowing parking operators to manage car parks effectively. We are planning to launch a consultation—I am not going to say “in due course”—during this year, which will include options for capping charges and debt recovery fees.

[Lord Spellar (Lab)]

I thank the Minister for that reply. She will be aware that the legislation to regulate the behaviour of parking companies was passed by Parliament in 2019, yet because of obstruction by the industry it is still not in force and motorists are still being hit with excessive and unfair charges. Does she accept that the industry’s business model depends on access to the Government’s DVLA database? Unless companies are prepared to co-operate, should they not be cut off from access to that system? That may rather get their attention and co-operation.

[Baroness Taylor of Stevenage (Lab)]

I am grateful to my noble friend for the non-controversial Question of the day and for all the campaigning he has done on this issue; I know it is a great frustration to so many people. The problem was that, when the code was laid in 2022 as a result of the 2019 Act, there was a legal challenge and it had to be withdrawn. We are going out to consultation again, to make sure that we do the consultation properly and thoroughly. We will bring forward a further code of practice in due course, once that consultation has been done properly. I understand the point my noble friend is making. If he wants to put in a submission to the consultation, we would be very pleased to hear it.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I declare my interest as introducing and taking through the House in 1889—

[Lord Kirkhope of Harrogate (Con)]

In 1989, not 1889—I was a little young then. I took through the House the Parking Bill, which introduced cashless parking into this country for the first time. I am sure noble Lords will be very pleased about that. Subsequently, as has been referred to by the noble Lord, Lord Spellar, in his excellent question, my right honourable friend Sir Gregory Knight, who was the MP in Yorkshire, introduced this further parking Act, which had clear instructions for a code of practice to be introduced. The Minister mentioned that that was put on hold in 2022. Surely we can now make some progress, because we all know of the many abuses which take place, particularly in the private parking industry.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I have not been in this ministerial post since 2022. I will now take action on this as quickly as I can. I thank the noble Lord for his work on this and agree that it is very important that we get it resolved as quickly as possible. The industry did step up and produce its own code of practice, covering the whole private parking industry. That was a step forward, but we need to do what it says in the Act and introduce a government code of practice. We will get on with that as quickly as possible.

[Baroness Pidgeon (LD)]

My Lords, the code of conduct has been discussed today. It was withdrawn after only four months. In the policy document and consultation that the Government plan, will they be looking at the issue of motorists who have been charged nearly £2,000 for taking more than five minutes to pay for their parking?

[Baroness Taylor of Stevenage (Lab)]

That was some of the worst practice that we have seen, and there has been a lot of media interest in this. I see, as probably we all do, people wrestling to download apps when there is no wifi, so that they can pay their parking charges. Both private parking trade associations have recognised this as an issue. They have worked collaboratively to take immediate steps to ensure that motorists no longer receive parking charges in that kind of scenario. This came into effect at the start of February. We welcome those steps taken by the industry, but there is still more to do.

[Lord Wigley (PC)]

My Lords, in her consultation, will the Minister ensure that she links up with the devolved Government in Cardiff? Many of these companies operate in England and in Wales. In Wales, some of the regulations may vary and they take no notice of them. Can she include that in any consultation?

[Baroness Taylor of Stevenage (Lab)]

I hope that anybody in Wales who is interested in this will contribute to the consultation. We want much better practice in these arrangements, across the United Kingdom. Any contributions to the consultation will be welcome.

[Baroness Winterton of Doncaster (Lab)]

My Lords, when I was campaigning to ban cowboy wheel-clampers, otherwise known as modern-day highway robbers—a campaign in which the noble Lord, Lord Spellar, was very helpful—I was very aware of the need for the Security Industry Authority to have adequate powers to deal with rogue parking companies that come up with more and more ingenious ways to persecute motorists. Can my noble friend liaise with Ministers in the Home Office to ensure that the Security Industry Authority, perhaps during the consultation that she has talked about, has adequate powers to punish those rogue companies that persecute motorists?

[Baroness Taylor of Stevenage (Lab)]

I very much understand the issues that my noble friend has outlined. We will do our best to work across government. That is a Home Office issue, but I would be happy to meet her and the noble Lord, Lord Spellar, to discuss this further.

[Lord Leigh of Hurley (Con)]

Is the Minister aware that, following the judicial review that she mentioned of the code of conduct, the department promised to publish an impact assessment? It did publish draft impact assessments but has not yet published the full impact assessments. Is the reason for that that the impact assessments show that the £100 dropping to £40 does work and that the problem is that councils, which can charge only £50, dropping to £25, are not able to enforce parking restrictions because it simply is not economic?

[Baroness Taylor of Stevenage (Lab)]

I am not sure why the full impact assessment was not published. The accredited trade association’s voluntary cap on private parking charges is £100, as the noble Lord will be aware. I will look into the issue around local authority caps on parking charges and get back to him.

[Lord Watts (Lab)]

My Lords, is it the case that many government departments use consultations as a reason not to do something? Is it not about time that we put timescales on these things and make sure that departments act on behalf of the public?

[Baroness Taylor of Stevenage (Lab)]

I understand my noble friend’s frustration, but the previous code of practice failed because things had been put into it that were not subject to consultation. It is very important that the consultation does take place this time, otherwise the next code of practice will fail as well.

[Baroness Wheatcroft (CB)]

My Lords, does the Minister agree that, if more towns provided free car parking, many more town centres might be thriving instead of dying?

[Baroness Taylor of Stevenage (Lab)]

I think many local authorities would say that the fees and charges that they charge for parking help with the enormous gap in funding that they have faced in the last 14 years, and that is one of the reasons why they do it. It is for the voters of the local areas to decide whether or not the parking policies in their area are sound; local people can challenge parking policies if they wish to.

[Baroness McIntosh of Pickering (Con)]

Does the Minister share my concern about the level of hospital parking charges, which seem to be completely unregulated? Will she look at this at the earliest opportunity?

[Baroness Taylor of Stevenage (Lab)]

I am sorry: I missed the start of the noble Baroness’s question.

[Baroness McIntosh of Pickering (Con)]

Will the noble Baroness look at the astronomically high level of hospital parking charges, which seem to go completely unregulated?

[Baroness Taylor of Stevenage (Lab)]

Once again, I understand the frustrations about this. It is for hospital trusts to decide how they manage their own parking arrangements, and people can challenge that. However, I appreciate that there are significant issues in that respect. I am sorry to keep repeating it, but if the noble Baroness wishes to put in a submission to the consultation, I would be grateful to hear from her.

[Lord Evans of Rainow (Con)]

My Lords, is the Minister, whom we all have very high respect for, aware that certain local authorities discriminate against four-wheel drive vehicles parking in town centres? I can hear the Liberal Democrats saying, “Quite right, too”, but for those of us who live in rural areas, having a four-wheel drive is not unusual, and in many cases it is a necessity. Four-wheel drive vehicles are part and parcel of the countryside, and sometimes we wish to visit town centres. Can the Minister look into this matter?

[Baroness Taylor of Stevenage (Lab)]

I can remember the letters. Local authorities are best placed to determine the nature and scope of parking policies in their own areas, including whether parking should be provided free, balancing the needs of residents, emergency services and local businesses that work in and visit those areas. There is a right to challenge now, which was published in 2015, which advises how residents can challenge and cause a formal review of parking policies in their local area. If the noble Lord is worried about four-wheel drive parking, he can always challenge that with his local authority.

Council Tax

Baroness Taylor of Stevenage Excerpts

Monday 3rd February 2025 Lords Chamber

[Lord Rooker]

To ask His Majesty’s Government whether they plan to make council tax more progressive.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, there are currently no plans to reform council tax. I suppose I should sit down now. It is a widely understood tax with a high collection rate and contains a range of discounts and exemptions to reflect personal circumstances. Local authorities are also required to run local council tax support schemes to provide reductions to those on low incomes.

[Lord Rooker (Lab)]

I thank my noble friend, but how is it that a £12 million penthouse in Islington pays £1,000 less in council tax than a £1.5 million manor house in Hartlepool? It is eight times the value, yet it pays £1,000 less. This is why council tax is so regressive, and no tough decisions have been taken for 34 years. When people no longer know what a tax is for or how it is fixed, and they see this unfairness, that risks bringing the whole system into disrepute. It is a major political and social risk. Why are we taking it?

[Baroness Taylor of Stevenage (Lab)]

My Lords, we all know that there are problems caused by outdated valuations and the regressive nature of council tax. However, a widescale reform of the system would be time-consuming and complex, and we are committed to keeping tax on working people as low as possible. The Government will carefully consider the impact on councils and taxpayers before taking any further decisions on council tax.

[Lord Young of Cookham (Con)]

My Lords, the last time we discussed this, on 19 November, the noble Baroness also said in response:

“We all know that problems are caused by outdated valuations and the regressive nature of council tax”.—[Official Report, 19/11/24; col. 118.]


So why are the Government so reluctant to act?

[Baroness Taylor of Stevenage (Lab)]

If there were to be a revaluation, there would be winners and losers. This is one of those issues where whatever we did would cause further problems in the system. It is a widely understood tax and there are high levels of collection. However, the Government are taking part in the fair funding review—we have issued a consultation on that—to make sure we level up the playing field for local authority funding, so that areas which need the money most get the most money.

[Lord Shipley (LD)]

My Lords, council tax is a regressive tax and for the past 10 years, Governments have been loading part of the increasing cost of adult social care on to council tax. Poorer households are therefore having to pay more in council tax than they otherwise would. The Government are going to spend the next three years coming up with a plan for adult social care. Is that delay fair on poorer households?

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My Lords, we are more than aware of the issues in tackling adult social care funding; however, the best way to resolve them in the long term is make sure that we do the job properly by looking at what is needed. We recognise the important role that councils have in delivering those services. That is why we announced in the provisional settlement a further £200 million for adult and children’s social care, bringing the total additional funding to £3.7 billion.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, does the Minister think that this Government are generally finding it quite difficult to be progressive?

[Baroness Taylor of Stevenage (Lab)]

Absolutely not. The range of legislation we have brought forward has shown just how progressive this Government are being in both fiscal and social policy.

[Lord Grocott (Lab)]

My noble friend, with her long experience in local government, knows well enough that, when there are major reorganisations in local government, you can be absolutely certain they will cost a lot of money, whatever the savings in the long term may be. Can she assure us that in the plans being considered, which are already costing local authorities preparation money to defend themselves or to decide which groups to join, the cost of this will not fall on the council tax payer?

[Baroness Taylor of Stevenage (Lab)]

My noble friend makes a very important point about the cost of devolution. We want to see all of England accessing that devolved power, and efficiencies will be generated in the long term. My honourable friend the Minister will be setting out the local government finance settlement later today, and I am sure he will include the details then.

[Lord McLoughlin (Con)]

My Lords, when the Minister says there will be winners and losers in any reform of council tax, does she not agree with the way in which the noble Lord, Lord Rooker, put it: that the winners are those who, at the moment, are living in high-value properties and the losers are those who live in low-value properties?

[Baroness Taylor of Stevenage (Lab)]

My Lords, the party opposite had 14 years to sort this out and did nothing about it. Council tax levels are decided by each council. We maintain the previous Government’s policy on the referendum levels. We are tackling the fair funding that was started off by the last Government but never finished. That will level the playing field for areas that need more funding support.

[Baroness Lister of Burtersett (Lab)]

My Lords, local authority council tax support schemes are failing to provide adequate protection for many low-income council tax payers, either because of their restrictive nature or because of low take-up. Will the Government therefore consider increasing and ring-fencing the funding for these schemes, and look into introducing an automatic trigger for a council tax support application when a universal credit application is made?

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My noble friend makes a good point about the link between universal credit and council tax, but there is significant support. All local authorities are required to run local council tax support schemes, which provide council tax reductions for those on low incomes. Some 3.7 million households currently receive this support. There is also a range of discounts and exemptions that reflect personal circumstances. I urge anyone struggling to pay their council tax to contact their local council, because they might be missing out on some of the benefits that are available.

[Baroness Scott of Bybrook (Con)]

My Lords, last year, Labour-run Birmingham City Council imposed a 21% council tax hike on residents over a two-year period after it mismanaged its finances. This year, Labour-run Bradford Council is proposing a 15% hike. Can the Minister explain why it is Labour-run councils that are imposing some of the worst council tax increases on local people this year?

[Baroness Taylor of Stevenage (Lab)]

It is not only Labour-run councils that apply for exceptional financial support. My honourable friend the Minister will be making a Statement later today about which councils have been successful in gaining that exceptional financial support. There are any number of reasons why councils need to apply for that. It is not necessarily poor financial management: it can be the circumstances they find themselves in, particularly those areas that have low funding because the fair funding was not looked after.

[Lord Watts (Lab)]

My Lords, many local authorities are able to raise millions of pounds from their council tax payers from things such as car park charges. Does the Minister intend to take into account the massive amounts of money that some local authorities can raise?

[Baroness Taylor of Stevenage (Lab)]

My Lords, fees and charges form an important part of councils’ income. Whether that is fair or not is for the council tax payers of the area in question to make their minds up about locally. The three strands of council tax funding very much include those fees and charges, and the voters will decide whether they are reasonable or not.

[Baroness Pinnock (LD)]

My Lords, further to the question from my noble friend Lord Shipley, some council tax payers are now paying 12% on top of the council tax bill to pay for social care—the social care precept. Is that a fair and reasonable way to raise money to pay for social care? I remind the Minister that it was introduced by the previous Government.

[Baroness Taylor of Stevenage (Lab)]

The social care precept was introduced by the previous Government. There is an increase in demand for social care in our demographic, and that has to be funded. The Government continue to keep under review how adult social care is paid for. At the moment, it is paid for by an additional precept on council tax for those who need social care. It is very important that we continue to support people in our communities who need it, and I am sure the noble Baroness would want us to continue to do that.

[Lord Jamieson (Con)]

My Lords, under the Liberal Democrat administration, Windsor and Maidenhead Council’s financial discipline has collapsed. The council is now seeking to impose a 25% council tax hike on residents. Does the Minister agree that local residents are paying the price of Liberal Democrat councillors failing to maintain financial discipline?

[Baroness Taylor of Stevenage (Lab)]

When I hear the party opposite criticising Labour and Liberal Democrat local councils, whose main financial problem was the economic mismanagement of the previous Government, they ought to have another think about who they are attacking.

Non-Domestic Rating (Multipliers and Private Schools) Bill

Baroness Taylor of Stevenage Excerpts

2nd reading
Wednesday 29th January 2025 Lords Chamber

Moved by

[Baroness Taylor of Stevenage]

That the Bill be now read a second time.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, on behalf of my noble friend Lord Khan of Burnley, I beg to move that this Bill be now read a second time, and in doing so I send my condolences to my noble friend on the death of his mother.

It is a great pleasure to open the debate on the Non-Domestic Rating (Multipliers and Private Schools) Bill. I very much welcome the interest shown by noble Lords in the matters related to this Bill and for the opportunity for both I and my noble friend Lord Khan to engage on key points of the Bill.

A few months ago, the Chancellor of the Exchequer set out our Government’s first Budget: a Budget to commence a decade of renewal and deliver on the Government’s primary objective of economic growth. The decisions taken in the Budget, some of them very tough, are necessary to enable the Government to deliver economic stability, restore the public finances and deliver our plan for change. It is right that the Government do not shy away from the challenge before us, doing all they can to restore our public services and give businesses the confidence and stability they need to thrive. Stability, certainty and predictability are essential to business decision-making and, while the Government cannot completely remove all the uncertainty that may arise through running a business, there are elements that are within our control.

We have heard from businesses that they have long-standing frustrations with the business rates system. They have said that it is inflexible, that it stifles investment and that it is unfairly skewed against property-intensive sectors such as the high street. The changes we are making to business rates, including through this Bill, will address those concerns.

I think noble Lords will agree that our high streets sit at the very heart of our communities. They should, and do, represent the very best of our thriving and vital community life. They are centres of economic activity so important to the economic health of our country, but they are also meeting places for vibrant communities, whether it is families enjoying a meal together, work colleagues relaxing after a hard week’s work, friends shopping for a new outfit or gadget, or the multitude of other reasons that people use our town centres. The Government have committed to transforming the business rates system to make it fit for the 21st century, an endeavour that will be delivered across the course of this Parliament. That journey starts with this Bill. Through it, the Government have begun the important task of rebalancing the business rates burden faced by our high streets.

The Bill before us today seeks to enable the commitments made by the Chancellor at the Budget to introduce permanently lower tax rates for qualifying retail, hospitality and leisure properties with a rateable value below £500,000 from April 2026. This permanent intervention ends the uncertainty of the stopgap retail, hospitality and leisure relief that has been extended year on year since the Covid-19 pandemic. That relief was always intended to be a temporary measure, born out of the extraordinary context of the early 2020s, and necessary for the time but at great cost to the Exchequer. In the challenging fiscal context we now find ourselves in, it is not financially responsible to continue that indefinitely.

Our intention through this Bill is to introduce two new lower multipliers. One multiplier offers a tax cut for retail, hospitality and leisure properties with a rateable value of between £51,000 and £499,999 that currently pay the standard non-domestic rating multiplier. The other new multiplier will provide a tax cut for retail, hospitality and leisure properties paying the small business non-domestic rating multiplier—that is, those with a rateable value of less than £51,000.

I have already spoken of the Government’s responsibility towards the public finances. Of course, any permanent tax cut must be sustainably funded. For that reason, the Bill allows for the introduction of a higher tax rate on the most valuable properties—those with a rateable value of £500,000 and above. This represents less than 1% of business properties in England and captures the majority of large distribution warehouses, including those used by large online businesses, as well as other out-of-town businesses that draw footfall away from our high streets. By introducing this higher tax rate, the lower tax rates for retail, hospitality and leisure businesses can be sustainably funded from within the business rates system—a prudent approach that aligns with the principle of ensuring that any tax cut is fully funded.

I anticipate that noble Lords may raise questions about the delegated powers in the Bill that will enable the Government to introduce these new tax rates from April 2026. Unlike many taxes, which are generally paid after an event, business rates bills are calculated in advance for the whole year and are issued by billing authorities often several weeks before the start of the financial year. Therefore, changes to the multipliers—in other words, the tax rates—have to be made in advance and be in place several weeks before the start of the financial year if they are to be included in demand notices. Therefore, this Bill does not set the level of the tax rates; that will be done later this year at the Budget, taking into account the outcomes of the 2026 business rates revaluation. The Bill instead provides a power to set them.

To put it simply, without introducing delegated powers there would be insufficient time to introduce the tax rates at the Budget and pass the required primary legislation for those tax rates with sufficient time left for billing authorities to prepare for the changes at an operational level. That is why the Bill provides the ability to set these new tax rates through secondary legislation.

Nevertheless, as is expected and good practice, the Government have carefully considered the approach to these powers and constrained them accordingly. The lower tax rate for retail, hospitality and leisure properties cannot be set more than 20p below the small business non-domestic rating multiplier for that year and can be applied only to qualifying retail, hospitality and leisure properties, the exact definition of which will be set out through secondary legislation later this year. However, it is the Government’s intention for the definition to broadly follow that which is in place for the current retail, hospitality and leisure relief. The higher tax rate cannot be set more than 10p above the standard non-domestic rating multiplier for that year and can be applied only to properties with a rateable value of £500,000 and above. It is important to say that these are not the intended tax rates—as I have said, they will be set at the Budget later this year. These are the maximum parameters within which the new tax rates may be set, not the target tax rates.

I appreciate there may be interest from noble Lords with regard to how these multiplier changes may impact on the funding available to local authorities from levying business rates. Since 2013, the business rates retention scheme has allowed local government to retain a portion of the business rates that it collects. The measures contained in the Bill will affect the level of business rates income collected by authorities differently in different areas. I reassure noble Lords that the Government are committed to ensuring that, as far as practically possible, local government income will be unaffected by business rates tax policy changes. It is worth noting that the Government have committed to reform the local government funding system to help deliver this, and, as intended since 2013, business rates growth will be subject to redistribution across the country through a business rates reset in 2026-27.

I am aware that, at the start of my speech, I set out the Government’s ambition that the transformation of the business rates system should go broader than the measures within the Bill before us. Indeed, noble Lords questioned me extensively about our wider plans during Question Time on Monday. I will briefly touch on those plans now.

At the Budget, the Government published the Transforming Business Rates discussion paper, which set out the priority areas for reform and invited stakeholders to co-design a fairer business rates system. The areas of interest within that paper include incentivising investment and growth, tackling avoidance and evasion, the frequency of revaluations, and ensuring that the system is fit for purpose, reflecting our modern, fast-paced economy. I am pleased to say that many stakeholders have already engaged with the Government on these matters, providing valuable insight and expertise. Any changes will be phased over the course of the Parliament, and the Government will publish an update in due course.

I turn now to the second measure set out in the Bill: the removal of private schools’ eligibility for business rates charitable relief. The Government are committed to breaking down barriers to opportunity for all. While we believe in supporting parental choice, we must ensure that every child has access to high-quality education that helps them achieve their full potential and thrive. The Government must concentrate on improving the state education sector, where more than 90% of our children are educated. That is why the Government are ending tax breaks for private schools, to help raise revenue to fund the state education priorities that we set out clearly in our manifesto.

As I said earlier, the Government have had to take very difficult but necessary decisions to restore our public finances and, in doing so, enable the restoration of public services. State education is one such public service that is used by the majority and available to all who require it. At the Autumn Budget, the Government announced an increase of per pupil funding in real terms, with a £2.3 billion increase to the core schools budget in 2025-26. This includes a £1 billion uplift to high-needs funding in 2025-26, providing additional support for the more than 1 million children in the state sector with special educational needs and disabilities. This funding needs to be paid for. To help make that happen, the Government are ending tax exemptions for private schools, as we set out in our manifesto.

I am aware that there has already been a great deal of discussion in this House of the Government’s policy to remove tax breaks for private schools, and the Government genuinely welcome the scrutiny that noble Lords have brought to this matter. I am sure there will be some more this afternoon.

Noble Lords will be aware that the measure relating to VAT is being legislated for through the Finance Bill. Ending the VAT exemption of private school fees and removing eligibility for business rates charitable relief from private schools that are also charities will together raise approximately £1.8 billion by 2029-30. This will help deliver the Government’s commitments to education and young people.

The Bill before us today covers the business rates change only, and that is where I am going to focus my comments. There are over 2,400 private schools in England, of which approximately half are charities able to benefit from business rates charitable relief. This Bill removes that eligibility. It provides a specific definition of a private school as a school that provides

“full-time education … for pupils of compulsory school age … where fees or other consideration are payable for that … education”.

In respect of further education, the institution is one that

“is wholly or mainly concerned with providing education suitable to the requirements of persons over compulsory school age but under 19”,

and where education is provided to those persons full-time which is “wholly or mainly” for a fee or other consideration.

I am aware that noble Lords have raised questions over how this change will affect pupils with special educational needs and disabilities. The Government have carefully considered the design of the policy to ensure that effects on those pupils with the most acute needs are minimised. The Bill provides that private schools that are charities that wholly or mainly provide education for pupils with an education, health and care plan will remain eligible for charitable rate relief. For clarity, the definition of “wholly or mainly” in business rates generally means 50% or more. This will operate alongside the existing business rates exemption for properties that are wholly used for the training or welfare of disabled people. Properties that qualify for this exemption pay no business rates at all, and any private schools that currently qualify for that particular exemption will continue to do so.

Taken together, the existing and new provisions are intended to make sure that the majority of private special schools will be unaffected by this measure. In fact, the Government expect that any private special schools losing eligibility for charitable rate relief will be the exception. It is worth adding that stand-alone nursery schools with their own rates bills are not within the scope of the Bill and, if charities, will retain eligibility for the existing relief. As previously announced, it is the Government’s intention that this measure will come into effect from 1 April 2025. As business rates is a devolved tax, the measures in the Bill will apply only to England; there are different measures in place in Scotland and Wales.

The measures in the Bill partly deliver on two of the commitments within the manifesto on which the Government were elected. The measure to enable the introduction of new multipliers is commencing the Government’s plans to transform the business rates system. It begins our journey to fulfil the ambition to deliver a business rates system fit for the 21st century; one that supports our high streets in a sustainable way, offers stability, promotes investment and drives economic growth. The measure to remove charitable rate relief from private schools will contribute to our overall ambition to break down barriers to opportunity and help all children to receive the high-quality education they deserve and their parents aspire to. I beg to move.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My Lords, with the leave of the House, I rise to close the debate. I thank all noble Lords who have taken part in the debate. The great strength of your Lordships’ House is the hugely knowledgeable and informed debates we have, and this has been a great example, with experience from across sectors such as business, education and many other areas—even veterinary practices—so I am very grateful to noble Lords for their contributions. They have demonstrated their enthusiasm and interest for our high streets, the important role they play in our local communities and the small businesses that are their lifeblood, and for ensuring that all children are able to receive a high-quality education. There is certainly consensus on that, if perhaps not on the means of achieving it, but there is a consensus that every child deserves to have all the opportunities that should be available to them.

I will make a few general comments on remarks made by noble Lords, and then I will attempt to answer most of the questions, but I expect I will run out of time long before I get there. I assure noble Lords that anything I do not get to, I will reply to in writing.

Both the noble Baronesses, Lady Scott and Lady Barran, referred to the overall policy, in relation to some of the really tough decisions we have had to take. I understand that these are tough decisions and why people think they are. However, yet again in this House we have had a bit of a swerve around the reason why those decisions were necessary; it is the inheritance we picked up when we came into government. We have to balance the books and get the fiscal picture straight so that we can deliver the reform to public services that we want to see, and tackle some of the cost of living issues that everybody faces.

I have another general comment on a point raised by a number of noble Lords. The Bill is not intended to achieve the comprehensive reform of business rates that we have set out as our intention. We are working on it and there is a consultation paper out at the moment, and I hope all noble Lords who have contributed this afternoon—and anyone else who has an interest in the business rates system—will make a contribution to the ongoing work on business rates. Having been a councillor for many years and listened to many complaints from both the public and private sectors about how business rates operate, I am in no doubt that we need comprehensive reform.

I hope that has picked up some of the general points and I will turn now to the specific points that noble Lords made.

There were, rightly, a number of questions regarding the impact of the proposed new multipliers. The noble Baronesses, Lady Scott, Lady Pinnock and Lady Barran, and the noble Lords, Lord Fox and Lord de Clifford, all mentioned this issue. As I explained in my opening speech, the actual tax rates to the new multipliers will be set at the 2025 Budget, taking into account the effects of the 2026 business rates revaluation, which we have to do, as well as the broader economic and fiscal context at that time. It is for my right honourable friend the Chancellor to make those decisions at the right time. Tax policy and legislation are not subject to the same requirement for an impact assessment that accompany other non-fiscal policy decisions. Nevertheless, the Treasury is committed to publishing an analysis of the effects of the new multipliers at Budget 2025, taking into account the broader factors that I just mentioned. I hope I set out clearly in my opening speech why we need to take these steps.

On the VOA and its property rateable values, which were mentioned by the noble Baroness, Lady Scott, the noble Lord, Lord Fox, and the noble Earl, Lord Lytton, on 5 February the VOA will publish an ad hoc release relating to properties with a rateable value of over £500,000. That will provide a breakdown by category of property type by local authority for all those properties with a rateable value above and below £500,000, so we will be able to see clearly which properties are impacted by which parts of this reform.

On the issues around the multipliers policy approach, I have heard the message that noble Lords may think this is a blunt tool for dealing with this matter—the noble Baronesses, Lady Scott and Lady Pinnock, the noble Earl, Lord Lytton, and the noble Lord, Lord Jamieson, mentioned this. The permanent tax cut for retail, hospitality and leisure properties, including those on the high street, from 2026-27, will ensure that much-needed certainty and support. That tax cut has to be funded, so we intend to introduce that higher rate on the most valuable properties. The Government’s view is that it is the fairest approach to ask all properties with a rateable value of £500,000 and above to pay a higher tax rate to support the viability of our high streets. It is the fairest way and, as I said in my opening speech, the higher rate will apply to less than 1% of all properties, and we will know which those properties are once the VOA has published its assessment.

The noble Baronesses, Lady Scott and Lady Pinnock, raised the approach being detrimental to anchor stores. I understand the concern around this. Unfortunately, we lost our Marks & Spencer store in Stevenage town centre; luckily, we managed to attract it back, and it is operating there very successfully, and it is much appreciated by our residents.

The Government intend to introduce two permanently lower tax rates for retail, hospitality and leisure properties, which will give certainty. I understand concerns that the higher multiplier may catch some of the largest and most valuable retail businesses. However, we think that the fairest approach is to ask all properties above £500,000 to pay that. This is a property tax, so whether large stores are based on the high street or in retail parks, it will still have the same impact. I remind noble Lords that the upper rate will impact on only 1% of businesses.

Retail, hospitality and leisure relief was extended year by year by previous Governments, but it has been a stopgap measure. The noble Baroness, Lady Scott, and the noble Lords, Lord Fox and Lord Jamieson, raised the issue of our process being a temporary measure. This is a permanent measure which will give certainty to those businesses. Before the intervention we are taking now, retail, hospitality and leisure relief would have ended entirely in April 2025, creating a cliff edge for those businesses. We have decided to offer that 40% discount to retail, hospitality and leisure properties up to a cash cap of £110,000 per business in 2025-26. By extending that retail, hospitality and leisure relief instead of ending it entirely, the Government have, for example, saved the average pub with a rateable value of £16,800 more than £3,300. We are doing our best to support the sector, in spite of the difficult fiscal picture that we see.

On wider business rates reform, raised by the noble Lord, Lord Fox, the noble Baroness, Lady Pinnock, and many other noble Lords, the discussion paper has been published. It builds on our plans announced at the Autumn Budget to support high streets by further highlighting areas for reform, incentivising investment and modernising the system so that it is fit for the 21st century. A number of noble Lords mentioned business rates avoidance. We will shortly publish a consultation on adopting a general anti-avoidance rule for business rates in England.

The noble Lord, Lord Fox, raised the issue of the small business rates relief which is in place to support all of our small businesses. I want to highlight that that provides 100% relief to small businesses which occupy only one property with a rateable value of £12,000. A taper of relief down from 100% is available to such ratepayers with rateable values up to £15,000. That scheme ensures that over a third of all properties, or about 700,000 ratepayers, are not paying any business rates at all. The Government have no plan to remove small business rates relief, which is permanent and set down in legislation.

The noble Earl, Lord Lytton, raised the issue of business rates being too high overall and I understand those concerns. We all know only too well that economic and fiscal stability is critical to business confidence. At the Budget, the small business multiplier for properties with a rateable value under £51,000 was frozen at 49.9p, meaning that, together with the small business rates relief, over 1 million properties will be protected from a 1.6% inflationary increase.

The Budget honours the manifesto commitment not to raise corporation tax. The UK has the lowest corporation tax in the G7, the joint most generous plant and machinery capital allowances in the OECD, and the joint highest uncapped headline rate of R&D tax relief in the G7 for large companies. I will come on to the noble Earl’s other points later, but I thank him, as usual, for his expertise, which we experienced during the levelling-up Bill and have once again had the benefit of this afternoon.

Supporting the high street and the broader government approach was mentioned by a number of noble Lords, including the noble Baroness, Lady Scott, and the noble Lord, Lord Fox. We are committed to rejuvenating our high streets and town centres. The measures in this Bill to introduce permanently lower tax rates for RHL properties will help, but they are only part of our work. In December, we introduced the high street rental auctions, a new power which allows local authorities to auction off the lease of persistently vacant commercial units. The new regulations will make town centre tenancies more accessible and affordable for businesses and community groups, while helping to tackle the vacancy rates on our high streets.

In addition, through the English devolution Bill we will introduce a new strong right to buy for valued community assets, such as shops, pubs and community spaces. That community right to buy will give local people the power to purchase community assets that go up for sale, helping to keep assets in the hands of the community. I have seen the great benefit of this in the Station Pub, in Knebworth, which the community has taken over and made a great success of. Like the pub mentioned by the noble Lord, Lord Waldegrave, it is a great place, and if noble Lords are ever in that area, they should visit. The Government continue to invest in a number of initiatives to boost town and city centres, including our high street accelerators. As part of our plan for change, we are working hard to support our high streets, and the measures in the Bill are part of that.

I thank all noble Lords for their comments on private schools, and in particular on special educational needs. The noble Baroness, Lady Scott, and other noble Lords mentioned pupils who do not have an ECHP. I used to be the education spokesperson at Hertfordshire, so I am very familiar with the sometimes lengthy delays in obtaining EHCPs. The approach adopted in the Bill has sought to ensure that the impact on pupils with the most acute special educational needs is minimised.

The Government are aware that some parents may make a choice for their child to attend private school, but this is a choice, like that made by any parent using the private sector. For most pupils with a special educational need, support is provided within a mainstream state school, and all children of compulsory school age are entitled to a state-funded school place if they need one. We support local authorities to ensure that every local area has sufficient school places for children who need them, and that appropriate SEND support is available, if needed. I recognise the issues around obtaining an EHCP. I am concerned by what the noble Baroness, Lady Scott, said about stigma around obtaining an EHCP, and I will discuss that with my noble friend the Education Minister.

The noble Lord, Lord de Clifford, spoke about what will happen to pupils with an ECHP when a school loses its charitable relief. Business rates are a tax on property; it is not possible to differentiate at the individual pupil level. Where a private school has only a few pupils with EHCPs, it will lose its eligibility for charitable rates relief. However, where a private school has been named on a pupil’s EHCP, the local authority funds the pupil’s place. Therefore, in the event that a private school loses eligibility and chooses to pass through some of that additional cost to fees, these pupils and their families will remain unaffected. In private schools, including private special schools, just 5.7% of pupils have an EHCP, predominantly in private special schools, and 97% of such pupils have their place at a private school funded by their local authority. I hope that helps clarify that point.

The Government are committed to reforming our SEND provision overall to improve outcomes and return the system to financial sustainability. We have provided a £1 billion uplift in high-needs funding for the next financial year. We know that that will not solve all the problems, but it will make a start. As part of our plan for change, we want to make sure that we are doing our very best to provide those opportunities that SEND children need, as with all children. This Bill is part of the process of driving that forward.

The noble Lord, Lord Jamieson, spoke about SEND and the state sector, and said that this approach will increase costs. We are absolutely committed to improving inclusivity and expertise in mainstream state schools, restoring parents’ trust so that their children will get the support they need to flourish. If an EHCP assessment concludes that a child can be supported only in a private school, the local authority will fund that place.

The noble Lord, Lord Lexden, whose great knowledge on this subject I respect, spoke about the Government not caring about pupils in private schools. The Government believe in parental choice, but we are determined to fulfil the aspiration of every parent to get the best education for their child. To eliminate barriers to opportunity, we need to concentrate on the broader picture and the state sector, where most of our children—93%—are educated.

Ending the tax breaks on business rates—and VAT—for private schools is a tough but necessary decision. We need to secure vital additional funding to help deliver those commitments to education and young people. As I said, there is a consensus on what we need to do, but perhaps not on the means of getting there.

The noble Lord, Lord Lexden, also mentioned the impact on faith schools. Again, the Government value parental choice but all children of compulsory school age are entitled to a state-funded school place if they need one, and schools are required to follow the Equality Act and requirements relating to British values. We expect them to foster and promote an environment that encourages respect and tolerance of children and families of all faiths. The Government have listened carefully to arguments on this matter and have decided that a carve-out for faith schools cannot be justified. However, children can attend faith schools and have their faith respected in the state sector.

The noble Lord, Lord Lexden, referred to private school closures. We expect those numbers to remain relatively low and they will be influenced by various factors, not just the removal of VAT and business rate tax breaks. Parents can seek places in other private schools or find a state school place through their local authority. There has been a traditional number of around 50 private schools closing each year, including independent special schools, but we must also note that private schools have continued to open, even after the Government announced that they would end tax breaks for private schools. The register of independent schools shows that 77 independent schools have opened between January and October 2024.

The noble Lord, Lord Lexden, felt that the timing of this was poor. Ending tax breaks on VAT and business rates for private schools is—I will say again—a tough but necessary decision, and we have had to take some measures to fill the gap in the budgets. Delaying implementation of the business rates policy would forgo around £140 million a year that is intended to fund the Government’s investment in state education and young people.

[Baroness Scott of Bybrook (Con)]

But if I remember rightly, the decision about the taxation of independent schools was made well before the Chancellor got into place and saw anything in the books.

[Baroness Taylor of Stevenage (Lab)]

Knowing the Chancellor as I do, I am sure she was extremely well prepared for taking on the commitment and had some idea of what was going on well before she came into office. I am sure that that was her being well prepared.

The noble Baroness, Lady Scott, and the noble Lords, Lord Waldegrave and Lord Maude, raised the impact on charitable activity if schools stopped or reduced their activity. They will continue to operate as charities and there will be no other tax changes specific to their charitable status.

I see I am running out of time, so I will close. I have a number of other points, including on several points of detail made by the noble Earl, Lord Lytton.

[Lord Fox (LD)]

I will read the noble Baroness’s statement in Hansard with great interest but does she recognise that, far from clarifying the issue, which has a number of moving parts, she has thrown some more moving parts into the bag? For us to have a sensible and reasoned approach to Committee, we really need some more clarity. I hope she will take that back with her from this debate. We are willing and ready to engage but it is very difficult, with the degree of murk we are currently encountering.

[Baroness Taylor of Stevenage (Lab)]

I hear the noble Lord’s remarks, and of course I will take that back. I and, I am sure, my noble friend Lord Khan will be happy to undertake any further engagement that noble Lords wish to have before we go into Committee.

The two key points seem to be that this was not a general review of business rates, which we know it is not—a further, wider review of business rates is going on—and the clarification of the VOA valuations, which will set out what categories properties over and under £500,000 will come into. Of course, we will do our best to clarify any further questions that noble Lords have as soon as we can.

I thank all noble Lords who contributed to the debate. This is our first step on the road to transform the business rates system. We want to provide certainty and support to our high streets by enabling the delivery of a permanent tax cut that is sustainable and levels the playing field between the high street and the online giants. It will also help break down barriers to opportunity and support all parents to achieve their aspirations for their children. All parents have aspirations for their children, and it is right that we do our best to support them in delivering and achieving them by raising additional revenue to support the more than 90% of children who attend a state school.

Bill read a second time and committed to a Grand Committee.

Future Homes Standard

Baroness Taylor of Stevenage Excerpts

Wednesday 29th January 2025 Lords Chamber

[Baroness Hayman (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and I declare my interest as chair of Peers for the Planet.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

I thank the noble Baroness for her Question and for all the work that she does on environmental issues. The Future Homes Standard consultation, setting out proposals for new energy efficiency standards, closed last year. We received over 2,000 responses and we are carefully considering the feedback received. I do understand that the space caused by the election has caused more delay than we had hoped for, and the frustration and the need for creating some certainty here about what we are going to do going ahead. But we will publish our government response to the consultation and lay the associated legislation later this year. Those new standards will effectively preclude the use of gas boilers in future new-build homes and ensure they become zero carbon as the electricity grid fully decarbonises, without the need for any retrofitting.

[Baroness Hayman (CB)]

I am grateful to the Minister for that response. The bit I picked out was “later this year”. We are in January and, as she acknowledged, we have been waiting a long time for this. So I encourage her to have a government response to the consultation as soon as possible. Does she agree that the abandoning of energy efficiency standards that took place a decade ago has caused great damage to many people and has caused great costs to householders, and indeed to the Treasury for the support it had to give during the energy crisis? When the Government do respond to the consultation, will they ensure that the standards set are aimed at providing the lowest possible bills for householders and will avoid their need, to which she referred, for retrofitting?

[Baroness Taylor of Stevenage (Lab)]

I agree that we need to move on as quickly as possible with all of this, for three key reasons. We need to make sure that bills are kept as low as possible, particularly for those in fuel poverty who we are very conscious of, and the move to clean energy will help us with that. We also need to think about our energy security and we need to continue the drive towards net zero. I appreciate the frustration in delivering this, and when I say “later this year”, I want to reassure the noble Baroness that we are working with our colleagues in DESNZ as quickly as possible to deliver this, to set homes and buildings on a path away from the use of fossil fuels and to future-proof homes with low-carbon heating and high levels of building fabric standards, ensuring that they do not require any retrofitting to become zero carbon. We are working very hard on that and it is my mission to deliver that as quickly as possible.

[Lord Geddes (Con)]

My Lords, this is not the first time that I have asked this question: could the Minister advise why it is not mandatory for new-build homes to have at least solar or photovoltaic panels on their roofs?

[Baroness Taylor of Stevenage (Lab)]

I just want to say that we do understand the effectiveness of solar panels in providing a direct and sustainable way to harness renewable energy and to allow homes to generate their own electricity, as well as offering the significant savings that will help with fuel bills. It is my absolute intention that the new building regulation standards that will be introduced this year will encourage the use of rooftop solar panels. I am working very fast with my honourable friend Minister Fahnbulleh to drive this forward as quickly as possible. We need to confirm the technical detail of the standards and we will share more details of them as soon as we are able.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, does my noble friend the Minister agree that, by being ambitious here, we have the opportunity to drive growth in renewable sectors such as the heat pump sector while also delivering homes that will be fit for the future, both for the cold that we expect and the excessively warmer temperatures that are now becoming more normal?

[Baroness Taylor of Stevenage (Lab)]

My noble friend is quite right that, as we set out in our Plan for Change, our growth agenda and our drive towards net zero are not exclusive: there is no conflict between them. I see three major opportunities for us here: great jobs, training, skills and apprenticeships for our young people, both in construction and in retrofitting; manufacturing capability for technology such as heat pumps, solar and maybe many new aspects of that; and building on our country’s fantastic reputation for innovation as we develop the green technologies of the future. These things are totally compatible with our growth agenda.

[The Lord Bishop of Manchester]

My Lords, I declare my interest as chair of a housing association. Housing associations are a key provider of homes for those who can least afford high energy bills. What support will there be for housing associations when they are bidding for grants to subsidise the properties they are building? It does cost that bit extra, maybe £5,000 or £6,000 per home, to build to the standards that we need to.

[Baroness Taylor of Stevenage (Lab)]

I understand the issue; in fact, I met the National Housing Federation just last week to discuss these issues. We want to drive forward the delivery of affordable housing, particularly social housing, and we recognise the costs that will make. We will be considering, once we have set the standard, what that cost might be and what further support we might offer.

[Lord Foster of Bath (LD)]

My Lords—

--- Later in debate ---

[Lord Foster of Bath (LD)]

My Lords, high energy efficiency in new homes is clearly vital, but so is improving the home energy efficiency of existing homes, particularly the 2.6 million substandard homes in the privately rented sector. While the promised consultation is welcome, what plans do the Government have to speed up the retrofit programme to meet the target for 2030? In particular, what plans do they have to improve the situation whereby we have very few people currently available to do the necessary work?

[Baroness Taylor of Stevenage (Lab)]

There were two clear points there. One is about the training, apprenticeships and skills that we need to deliver in order to meet the retrofitting programme. We are working with colleagues in the Department for Education on that. We know there is a big challenge across the construction sector, first, to deliver 1.5 million new homes but also, secondly, in the retrofitting area. We are determined to meet that challenge and offer the new jobs that I spoke about earlier.

The noble Lord spoke about the private rented sector. Next week we will be introducing the renters’ rights Bill. There are significant new powers in that Bill for tenants to challenge their landlords when they feel that the improvements their homes need are not being dealt with as quickly as they should be. We continue to monitor that situation, because it is important that people can have homes that are fit for purpose and are warm, decent and comfortable.

[Lord Deben (Con)]

My Lords, when we finally get the new homes standard, will the Minister ensure that it comes into operation immediately and does not take about five years to roll out, as the previous ones have? Will she also take up with the companies which build houses that, since 2017, they have built 1.5 million houses that are not fit for the future, taken the profits and left the people who have bought those houses to meet the costs of retrofitting? Is it not a scandal? Should there not be a fund which they give to that can repay the people who have bought these houses, so that they can do what needs to be done to them?

[Baroness Taylor of Stevenage (Lab)]

The noble Lord makes some very important points. I have a lot of sympathy with what he says about how we take this forward. I think I was very clear in what I said: the intention of our Government is to make sure that there will be no further retrofitting needed when new homes are built. They will be built to the standard we set as soon as that standard comes into being. The discussions I have had with the construction industry lead me to believe that it is waiting for that standard and will be ready for it as soon as we are able to set it. I hope that will be the case. I will take the other ideas the noble Lord put forward back to my department.

[Baroness Scott of Bybrook (Con)]

My Lords, it was my understanding that this Government had said that rented properties must achieve at least an EPC rating of C by 2030, but I thank the Minister for correcting me on this. However, many listed properties cannot achieve this without substantial investment, which many private landlords simply cannot afford. This will only push more landlords to sell up, further restricting an already strained rental market. What assessment have His Majesty’s Government made on the impact of these new requirements and the impact they will have on the number of rental properties available?

[Baroness Taylor of Stevenage (Lab)]

Just to clarify, we are in consultation at the moment on the new EPC framework, which will require all properties to have an EPC registration of C. I will report to the House later on that issue. In relation to historic buildings, I have met the Historic Houses association and visited at least one historic property to try to discover for myself what the real issues are. There is further work to be done on that, but I am aware of all the issues related to the retrofitting of historic properties.

Devon and Torbay Combined County Authority Regulations 2024

Baroness Taylor of Stevenage Excerpts

Wednesday 29th January 2025 Lords Chamber

Moved by

[Baroness Taylor of Stevenage]

That the draft Regulations and Order laid before the House on 26 November and 4 and 11 December 2024 be approved.

Considered in Grand Committee on 27 January.

Motions agreed.

Hull and East Yorkshire Combined Authority Order 2025

Baroness Taylor of Stevenage Excerpts

Monday 27th January 2025 Grand Committee

Moved by

[Baroness Taylor of Stevenage]

That the Grand Committee do consider the Hull and East Yorkshire Combined Authority Order 2025.

Motion agreed.

Local Government: Funding

Baroness Taylor of Stevenage Excerpts

Monday 27th January 2025 Lords Chamber

[Lord Whitty]

To ask His Majesty’s Government whether, before or alongside changes in local government structure in England, they will undertake a thorough review of the sources of funding, basis, and equity of local government financial resources at all levels, having regard to both the responsibility of individual councils and the balance of responsibility between central and local government.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, before I answer my noble friend’s Question, I note that, 80 years ago this month, soldiers of the Soviet 60th Army of the First Ukrainian Front opened the gates of Auschwitz-Birkenau. It has been so moving today—Holocaust Memorial Day—to hear in our media the first-hand accounts of those who may be visiting Auschwitz for the last time. That infamous camp has become the symbol of the Shoah. Today, we remember the Jewish lives, and all lives, lost to genocide, and we remind ourselves that it is more important than ever to keep our humanity and respect for human dignity at the heart of all we do.

In answer to my noble friend: alongside our proposals to widen devolution and streamline local government structures, this Government are making good on their promise to reform and improve the local government funding system. From 2026, funding will be directed to where it is most needed, through the first multiyear settlement in a decade. By fixing the foundations, we will give better value for taxpayers and empower local government to provide high-quality services and support the delivery of the Government’s missions.

[Lord Whitty (Lab)]

My Lords, first, I am sure that the whole House endorses my noble friend’s opening words. It is indeed a moving day.

On my Question, the biggest problem for local authorities is not structure or assessment. This Government and every other Government depend on local authorities’ ability to deliver many of their most important policies and strategies, and yet local government depends on an archaic system of local taxation—both council tax and business tax—and uncertain grants from central government. I hope the assessment that my noble friend refers to will begin to change that system, but does my noble friend not agree that a fundamental assessment of what local authorities need should be introduced so that we can start to improve the financial position of local authorities before the end of this Parliament?

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend. For 12 of the last 14 years, I was a local government leader, so his words definitely strike home to me. The Government are committed to local authority funding reform, with the updated approach that I spoke about from 2026 to 2027. We need to fix the foundations that he spoke about, so this will be developed in partnership with the sector and based on the principle of giving councils early certainty of their funding and a much fairer funding picture across the country. We are inviting views on our principles and objectives for funding reform through a consultation. We want to do this in consultation with the sector, and that consultation closes on 12 February. We will move towards an updated system and possible transitional arrangements to determine how local authorities reach their new funding allocations.

[Lord Wallace of Saltaire (LD)]

My Lords, we on these Benches share the view of the importance of remembering the Holocaust on this anniversary.

The Minister will be aware that centralisation of taxation in this country is far greater than in any other advanced democracy, and if finance is centralised, decisions will continue to be centralised. Is it not time for the Government to consider fundamental tax reform, in particular of the way local councils are funded? Will the Minister also consult her colleagues on whether we need a cross-party approach to tax reform for local authorities rather than having a tourist tax here and parking charges there, and otherwise depending on the Treasury to dole out funds?

[Baroness Taylor of Stevenage (Lab)]

The noble Lord makes a very important point about working on a consensus, which is why we have launched the major consultation on how we should take this forward. In addition, our English Devolution White Paper, which we published in December, sets out our plans to reset that balance between central and local government. That includes both funding and powers, and it is a new framework for English devolution that attempts to move power out of Westminster and back to those who know their areas best. That is the whole purpose of the devolution agreement. We want to see that done on the basis of it coming from the local areas upwards. We are committed to fixing those foundations, and we will do that with the people in our local areas and not to them.

[Lord Young of Cookham (Con)]

My Lords, on that devolution framework that the noble Baroness just referred to, the Minister in the other place said:

“That is why we are moving power out of Westminster and putting it back into the hands of those who know their area best”.—[Official Report, Commons, 16/12/24; col. 36.]


But power involving money was not devolved, leaving local authorities, as the noble Lord, Lord Whitty, said, dependent on a council tax which is regressive and 30 years out of date and business rates which are killing the hospitality and retail industries. Do we not need a much more fundamental review than the one the Minister just referred to?

[Baroness Taylor of Stevenage (Lab)]

The English Devolution White Paper sits at the heart of the reform we want, and that will involve both funding and money. I understand the pressure for urgent reform of council tax, but we have to be committed to keeping taxes on working people as low as possible. It is for local authorities to decide where they set their council tax. The Government will consider longer-term options to improve council tax billing and all those things, but council tax is a well-understood tax and it has very high collection rates. In terms of business rates, we published a discussion paper, Transforming Business Rates, which set out the priority areas for reform. We have had very good engagement on that and we will publish our update in due course.

[The Earl of Clancarty (CB)]

My Lords, what guarantee can the Minister give that the most locally funded arts and cultural services—including libraries—such as at district council level, will not be further lost in this reorganisation, against a background where, it has to be said, cuts to such services are continuing in many localities?

[Baroness Taylor of Stevenage (Lab)]

As the noble Earl said, arts and leisure services took an absolute bashing as local government funding was successively cut over recent years. The purpose of devolution is to put control for that back into local hands and to make sure that more of the money spent in Westminster gets spent in the local areas to protect the services that people really care about and feel are important to them. I hope that will include those key leisure, arts and cultural services that make life around this country so rich and wonderful.

[Lord Jamieson (Con)]

My Lords, I associate these Benches with the noble Baroness’s comments earlier.

I refer to my interests as a central Bedfordshire councillor. A recent survey published by Southwark Council revealed that 61% of councils have already cancelled, paused or delayed housebuilding projects and more than one-third have cut back on repairs and maintenance of council homes due to pressures on their housing budgets. In light of this and given the Government’s ambitions for housebuilding, will the Minister tell the House how this Government will support councils to build?

[Baroness Taylor of Stevenage (Lab)]

I have to say that it is very difficult to take lessons from the Benches opposite about local government funding, particularly in relation to council house building. The noble Lord will be well aware of the steps we have already taken to increase overall funding for local government but also that we have taken big steps to alter right to buy so that local authorities can keep 100% of the receipts they get from right-to-buy properties. We are changing the position on new properties built by local councils so they do not have to sell them at less than they built them for. We are fixing the foundations of a very broken system that we inherited from 14 years of the noble Lord’s Government.

[Lord Watts (Lab)]

My Lords, the last Tory Government spent 14 years taking money from the poorest local authorities and giving it to the richest ones. Will the Minister guarantee that the system that comes forward will be fair and be based on the need to spend?

[Baroness Taylor of Stevenage (Lab)]

My noble friend is absolutely right. The review that we are undertaking as part of the spending review in the spring will do just that. We made some steps forward in this year’s settlement; we need to take further steps in that regard, and the local government funding formula will be reset to take account of need.

[Baroness Eaton (Con)]

My Lords, I declare my interest as a vice-president of the Local Government Association. With Labour’s increase in employer national insurance contributions, LGA analysis confirms that the cost to local government will be around £1.7 billion next year. The provisional local government finance settlement confirms that councils will be compensated to the tune of £515 million for 2025-26, well short of the £1.7 billion. Can the Minister confirm from the Dispatch Box whether this compensation funding is a one-off, or will it be continued in future financial settlements? How does she expect local authorities to compensate for the shortfall?

[Baroness Taylor of Stevenage (Lab)]

As I said, the decision that we took around national insurance contributions was to fill the gap from the £22 billion black hole that was left by the Government of the Benches opposite. We continue to work on fixing those foundations and making the economy stronger. The noble Baroness asked specifically about the £515 million of support that we have provided to local government. That is in addition to other sources of funding that we gave to local government. Whether that will continue into future years will be the subject of the spending review in the spring. We will look at all aspects of local government funding so that we continue to fix and sort out the mess that we were left with.

Devon and Torbay Combined County Authority Regulations 2024

Baroness Taylor of Stevenage Excerpts

Monday 27th January 2025 Grand Committee

Moved by

[Baroness Taylor of Stevenage]

That the Grand Committee do consider the Devon and Torbay Combined County Authority Regulations 2024.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I shall also speak to the Hull and East Yorkshire Combined Authority Order, the Greater Lincolnshire Combined County Authority Regulations and the Lancashire Combined County Authority Regulations.

Regulations were laid before Parliament on 26 November 2024 for Lancashire, as well as for Devon and Torbay. The Hull and East Yorkshire Combined Authority Order was laid on 4 December and the Greater Lincolnshire regulations on 11 December. The other place debated these instruments on 21 January 2025. Knowing how much noble Lords appreciate brevity, I hope they agree—while recognising that combined authorities and combined county authorities are distinct legal bodies with different types of enabling statutory instruments—with me simply using “combined authorities”, unless there is a reason to be specific, over the course of our debate. I hope that that is okay with everybody.

In December 2024, the Government published the English devolution White Paper. At its core, the White Paper sets out how the Government will widen and deepen devolution across England as part of our central mission to drive economic growth and improve living standards. These instruments deliver on that ambition and are significant steps in the devolution journeys for these four areas. The instruments provide for the implementation of the devolution agreements confirmed on 19 September 2024 between the Government and the upper-tier councils in each of the areas concerned. On 18 November 2024, all the respective constituent councils consented to the making of these instruments.

The three sets of combined county authority regulations will be made, if Parliament approves, under the enabling provision in the Levelling-up and Regeneration Act 2023. If approved, the combined authority order will be made under the enabling provision in the Local Democracy, Economic Development and Construction Act 2009. The combined authorities will be established on the day after the day on which the instruments are made.

The Hull and East Yorkshire Combined Authority and the Greater Lincolnshire Combined County Authority have chosen to adopt a mayor for their combined authorities, with the inaugural elections to take place on 1 May 2025. The elected mayors will take up office on 6 May with a four-year term. The instruments make provision for the governance arrangements of the combined authorities. In each case, the constituent councils nominate one or more of their members to form the combined authority, alongside the elected mayor where a mayor is being adopted. Each place has specific arrangements, enabled by either the 2023 Act or the 2009 Act, as set out in these establishing instruments.

For the three combined county authorities, district councils will play a key role in ensuring the success of devolution in these areas. District representation and input to the combined county authorities is determined locally within the framework provided by the 2023 Act. The instruments confer public authority and local authority functions on the respective combined authorities, as agreed in their devolution agreements and set out in each area’s proposals.

Alongside the regulations, we have laid reports under Section 20(6) of the 2023 Act and, for the order, Section 105B of the 2009 Act providing details about the public authority functions being devolved to the combined authorities. These functions include Homes England’s concurrent regeneration functions and powers over transport, as well as mayoral development corporation functions for the mayoral combined authorities.

The agreements include the devolution of certain education and skills functions, together with the adult skills fund. The Government will devolve the adult skills fund to the combined authorities from the 2026-27 academic year. The Department for Education will work with the combined authorities to support their preparations and ensure that they meet the necessary readiness criteria; it will legislate in due course when the Secretary of State for Education is assured that the combined authorities are operationally ready and is satisfied that the required statutory tests have been met in each area.

--- Later in debate ---

Given that certain transport functions in some of these authorities will remain with the constituent councils during the transition period, how do the Government plan to ensure effective co-ordination between the new combined authorities and the councils, and what mechanisms will be in place to prevent any gaps in service delivery or policy implementation? Finally, can the Minister assure the Committee that this is part of a genuine devolution and that the Government will continue to seek to devolve more to local areas and away from the centre—the UK being one of the most centralised countries in the OECD? As has been mentioned earlier, can he assure the Committee that the proposed local government reorganisation operates seamlessly with these changes?

[Baroness Taylor of Stevenage (Lab)]

I thank noble Lords for all those thoughtful points and for the general support that we have received for the instruments this afternoon. As noble Lords who have heard me speak on this topic before know, and to misquote a phrase terribly, I have always believed in devolution, which is more effective than revolution. I hope we will take this programme forward successfully, but there is a lot of water to go under the bridge—hopefully not so much for these local authorities, which have already taken some very important first steps towards the changes they want to see.

I will take this opportunity to address noble Lords’ contributions and questions, starting with the contribution from the noble Baroness, Lady Pinnock. First, she asked whether meetings and scrutiny committees would be held in public. Meetings of the combined authorities will be in public and, under the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017, amended in 2024, combined county authorities have overview and scrutiny committees with the usual call-in powers—so they will have call-in powers. I hope that is helpful from that point of view.

The noble Baroness asked whether the disparity between areas had been considered. She was referring particularly to Devon and Torbay, and the noble Lord, Lord Jamieson, also referred to this. Devon and Torbay were already in the process of establishing their non-mayoral combined county authority prior to the publication of the White Paper and the announcement of the devolution priority programme. We see these steps as foundational. A list of all those that have applied for delays to their elections has been published on GOV.UK—no decisions have been taken yet—and Devon County Council has requested to delay those elections.

Matters to do with the distribution of funding, responding to disparity or the potential disparity between different constituent councils in an area, are for those constituent councils. It is for them to work out how they will work. That is devolution, but they will work it out between them. If they use that as a foundation step, they may wish to build on their authority in the future. Who knows? We will wait and see what happens with Devon and Torbay but, for today’s business, we are putting through the programme that was set before us previously.

The noble Baroness asked whether the change in Hull and East Yorkshire was a positive move from the residents’ standpoint. It is the Government’s ambition that all parts of England ultimately have a mayor. We recognise that non-mayoral devolution can be an important foundational step for areas, which would see the benefits from devolution in the short term as they assess all options to unlock deeper devolution. The instruments before the Committee to establish mayoral combined authorities and a mayoral combined county authority provide that some functions conferred on those will be mayoral functions.

I think the noble Baroness was particularly concerned with transport issues in Hull and East Yorkshire. I will point only to the significant steps forward that have been made in existing mayoral authorities. Manchester of course is always flagged up as the example of this, but it has done an exceptional job to create a transport infrastructure that, so far—touch wood—works much better for the people of Manchester than the situation they had before. I hope that that continues in these new areas as they continue to use and develop their powers. The combined authority will have responsibility for improving and maintaining local transport and for the creation and implementation of a new area-wide local transport plan. We will see what happens with that.

The noble Baroness asked about funding, I think in the context of transport. Funding is conveyed for transport issues in their area, including those that I just mentioned.

The noble Baroness knows that, in the past, I have spoken widely in the House about district councils and their role. When you look at this, you see that there is clearly an appetite for reorganisation in parts of England. I have seen that in my work with district councils and now in government. In the past, Governments have often not been brave enough to follow through and make this programme really work across the country, but we just need to get on now with delivering what areas need.

We expect all two-tier areas and smaller or failing unitaries to develop proposals for reorganisation. We are going to take a phased approach to that delivery, because not everyone is in the same place at the same time. We will have our priority programme for people who feel ready to move more quickly, taking into account where reorganisation can unlock devolution, where areas are keen to proceed at pace, or where they can be helped to address certain issues that they may have failed with in the past. For those that want to take a bit more time, we will do it at their pace. But it is important that this is driven by local areas, so we are working very closely with our colleagues in local government to make this work properly.

The noble Baroness asked about mayoral precepts, and I think the concerns of the noble Lord, Lord Jamieson, also related to that. Mayors can use their mandate for change to take the difficult decisions needed to drive economic growth. As I said, the Government’s ambition is for all parts of England to have a mayor of a strategic authority. They will have the standing and soft power to convene local partners and tackle shared problems, but it is also important that they have this additional ability to raise funds in a number of ways, of which the precept is only one. The Government will work with them as we devolve funds out of Westminster. This is not necessarily about new money; it is about money and decision-making going from here out to local areas. It is important to stress that about the programme we have set out.

I thank the noble Lord, Lord Lucas, for his point about hereditary Peers and having a regional element there. That is above my pay grade; I am not going to go there. But I will say that we already have a very effective chamber of national and regional leaders, which is now convened, and mayors from England attend. It is very important that all areas have a say in the Council of the Nations and Regions, as it will increasingly make a large contribution to what goes on in our country.

The noble Lord specifically mentioned Sussex in relation to local places. I think there is a genuine way of strengthening the role of local places within these wider authorities, where they have existed for a while. I do not want to keep citing Manchester, but there is still a very distinctive identity in Oldham, Rochdale and wherever you go around the Manchester area. Those areas still have their distinct identities. I know Sussex a bit and there are some wonderful places there. I am sure they will continue to be their own places, with their own strong identities. If mechanisms need to be put in place to do that, by strengthening local community councils and improving and strengthening the role of community councillors, the Government are there to assist with that. Boundary issues must be driven locally, but the Boundary Commission stands ready to do what it needs to do to help.

The noble Lord spoke about cherished assets, such as downlands, and how to protect them. There is always a place for a local voice. Mayors have been real champions of these types of local assets, and they will continue to be champions in those local areas. The noble Lord also spoke about independent local panels. We are currently conducting a whole review of standards issues. I have a round table tomorrow, I think, and another at the end of the week, with partners from across local government and outside. We are doing that work as we speak and, if the noble Lord would like to contribute to it, I would love to hear from him.

On the AI issue, I will have to refer to a specialist answer, because it is not my area of expertise. I will find it in a moment.

I thank the noble Lord, Lord Taylor of Holbeach—whom I always think of as Lord Holbeach, because he is Lord of Holbeach—for his huge contribution to Lincolnshire, in both business and horticulture. I agree with him about local government being the most important institution; I have spent most of my life in it. When you walk out of your front door, it is what you see, and what will you the impression of whether or not things are right with the world. That is the way I look at it; that is how important it is. The noble Lord spoke about the confusion between councils. I live in a two-tier area and it is very common to have that confusion between councils. That is one reason why we need to sort this out now: just get on with the job and do it properly.

The noble Lord asked whether there was flexibility with the 500,000 figure. There certainly is. We set the 500,000 figure to give a guideline about what we see as strategic. If something slightly less or more than that works better for the local area, that is fine. I am also grateful to the noble Lord, Lord Porter, for all the work that he has done. The federational, or shared, services that the noble Lord spoke about will form a good foundation for these bigger authorities.

On UK Food Valley, seafood farming, and flowers and bulbs, mayors are there to create the infrastructure that will make that work better than it does at the moment. They will have oversight of a strategic spatial plan and I hope they will do a great job on that.

I turn to the points made by the noble Lord, Lord Jamieson. I agree about the unique nature of local areas. I know that the noble Lord has made a huge contribution to central Bedfordshire, so I am grateful for that. Devon and Torbay and Lincolnshire have both applied for election delays, so they are obviously thinking through their next steps very carefully. Hull and East Yorkshire and Lancashire are going ahead with their programmes, as set out in these instruments.

The noble Lord spoke about mayoral precepts and asked whether they were for genuine additionality. That is certainly the idea; they are not there to fill gaps in local government funding but to drive the mayor’s priorities and ambitions for the area. As we have seen, the areas that already have mayors drive forward their own priorities—and they are very strategic priorities. Mayors are not there to run the councils that sit underneath them; they are there to drive the strategic capability of the area concerned.

I hope that I have covered everything. If I have not, I shall write to noble Lords—and we will look through Hansard to make sure that we have covered everything. These instruments deliver the commitment made in the devolution agreements with Devon and Torbay, Greater Lincolnshire and Lancashire to establish combined county authorities for their areas and with Hull and East Yorkshire for a combined authority. I beg to move.

Motion agreed.

Greater Lincolnshire Combined County Authority Regulations 2025

Baroness Taylor of Stevenage Excerpts

Monday 27th January 2025 Grand Committee

Moved by

[Baroness Taylor of Stevenage]

That the Grand Committee do consider the Greater Lincolnshire Combined County Authority Regulations 2025.

Motion agreed.