Wales: Replacement Funding

Baroness Wilcox of Newport Excerpts

Wednesday 3rd March 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I note the points made by the noble Baroness but I think we need to wait for the UK investment framework that underpins the shared prosperity fund for those sorts of details.

[Baroness Wilcox of Newport (Lab) [V]]

The Welsh Counsel General’s requests to meet UK Ministers leading the shared prosperity fund have unfortunately been met with silence. Meanwhile, the Welsh Government have engaged with hundreds of key stakeholders, as the noble Baroness, Lady Finlay, just said, on the development of successor arrangements. The framework for regional investment in Wales was published three months ago and it sets out high-level strategy for achieving prosperity and inclusive Wales-wide economic interventions. Will the Government agree to meet Welsh Ministers to use their consultative plan for moving investment into Wales, or is the lack of engagement with the Welsh Government a further example of this Government’s undermining of the devolution settlement?

[Lord Greenhalgh (Con)]

My Lords, we are committed to working with the devolved Administrations. In fact, there have been 26 engagement events, attracting more than 500 representatives, all about the UK shared prosperity fund. Sixteen of those events took place in the devolved Administrations and I am sure Ministers will be meeting representatives of the devolved Administrations in due course.

Housebuilding

Baroness Wilcox of Newport Excerpts

Tuesday 26th January 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, my noble friend is right that we are seeing the level of planning regulation deter small builders. It is important that, as part of our reform of the planning system, the Government take that into account and find ways to, let us say, level up the field to let the small players participate in the market and therefore deliver on the small sites the new homes that this country needs.

[Baroness Wilcox of Newport (Lab) [V]]

I speak as a vice-president of the LGA. With government targets continuously missed, the last time anywhere near 300,000 homes a year were built, councils contributed more than 40% of them. So the only way the Government could get back to building at this scale would be by supporting councils to build homes. What steps therefore are the Government taking to help local authorities build the homes they need to build?

[Lord Greenhalgh (Con)]

My Lords, achieving the highest housebuilding target in over 30 years is a credible achievement. There is no doubt that the 300,000 target will be stretching, particularly in the light of the national Covid emergency. We will rely on councils to build; we have released the constraints on local authority finance and the ability to borrow, as well as providing a huge £12.2 billion programme for affordable house- building.

Almshouses

Baroness Wilcox of Newport Excerpts

Thursday 22nd October 2020 Lords Chamber

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what assessment they have made of the role of alms houses in the provision of housing for the elderly.

[Baroness Wilcox of Newport (Lab) [V]]

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

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

The Government welcome the important role that almshouses play in helping to meet the housing need of older people, providing them with homes in a safe and secure environment. They enable residents to retain their independence in the locality of their choice and within easy reach of their relatives and friends.

[Baroness Wilcox of Newport (Lab) [V]]

Does the Minister agree that the modern and progressive almshouse movement for the 21st century has much to offer older people in communities by providing much-needed housing, but that it needs support to address the challenges of updating their constitutions and developing modern governance models? My noble friend Lord Kennedy is a trustee of United St Saviour’s, a charity that is building a new almshouse in Southwark Park Road. When conditions allow, my noble friend would be delighted if the Minister would visit that site with him.

[Lord Greenhalgh (Con)]

My Lords, I am very happy to accept the kind invitation of the noble Lord, Lord Kennedy, to visit the almshouse. I recognise the important contribution made by almshouses in providing that kind of housing. I believe that they provide 36,000 homes for elderly people who otherwise would not have accommodation of that sort.

Housing Delivery Test

Baroness Wilcox of Newport Excerpts

Tuesday 13th October 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, the vast majority of councils—two-thirds—are building the homes that their areas need, and only 54 of over 300 authorities have below 75% deliveries. The test is working, and we will continue to maintain close communication with those authorities where it is not.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I welcome the opportunity to put a similar question to the House to one that was put by my noble friend Lord Kennedy on 18 March. Over a quarter of a million planning applications have been approved by local authorities, with not a brick laid. That is the problem—getting these homes built. Can the Minister suggest how this impasse can be breached?

[Lord Greenhalgh (Con)]

Getting developers to build out is a problem. Having been a local authority leader, the noble Baroness will know that you can tell those developers who are intending to build and those who are intending to hold, but planning permissions do not last for ever, and that is the main sanction that we have at the moment.

Fire Safety Bill

Baroness Wilcox of Newport Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 1st October 2020 Lords Chamber

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I have direct personal experience of this area of local government responsibilities. Following the tragedy at Grenfell, not only was I the leader of Newport City Council at that time but Newport was the only council in Wales that had social tenants in high-rise buildings covered in ACM cladding, and one of those tower blocks was in my ward.

The tragedy at Grenfell has prompted extensive inquiries, research and debate about the steps that might be needed to minimise the risk of such a tragedy happening again. Much of that has concentrated on the fabric and construction of high-rise residential buildings because the materials and techniques used in constructing and renovating Grenfell Tower have been implicated in allowing the fire to spread so rapidly. That in turn will mean changes to the system of building control, which regulates how and with what materials buildings must be constructed.

I commend the actions in the Bill because I have first-hand experience of the benefits that can be secured when registered social landlords, such as Newport City Homes, act appropriately and respond to their responsibilities to manage and reduce the risk of fire in multi-occupied buildings. Within six months of the tragedy at Grenfell, the three tower blocks clad in ACM in Newport had sprinklers installed and, within a year, the work to remove and replace the ACM cladding had begun. This was achieved through pragmatic partnership working between the council, the housing association Newport City Homes, Senedd Cymru and South Wales Fire and Rescue Service.

Responsible landlords should already be conducting regular inspections of buildings with the local fire and rescue services, ensuring that evacuation plans are reviewed and regularly updated and personal evacuation plans are in place for residents, providing fire safety instructions to residents in a form that they can reasonably be expected to understand, and ensuring that the building complies with current standards. That is why I agree with the Fire Brigades Union that the Bill is the first—long overdue—piece of primary legislation that seeks to rectify the failures identified after the Grenfell Tower fire. The FBU has raised concerns with the Regulatory Reform (Fire Safety) Order 2005 since it was imposed. It is clear that many “responsible persons” who own and manage residential premises have not assessed the fire risks in their buildings, nor introduced sufficient measures to keep people safe in their homes.

It is the Welsh Government’s intention to bring forward a White Paper for consultation by the end of this current term and the analysis of this consultation will be available to inform any new Government bringing forward primary legislation in this vital area. These reforms build on the work set out by the Welsh Government’s Building Safety Expert Group in its report, A Road Map to Safer Buildings in Wales. The remit of the group was to identify the parameters of a Welsh response to the issues raised by Dame Judith Hackitt’s report, Independent Review of Building Regulations and Fire Safety.

In the immediate aftermath of Grenfell, the primary focus was on aluminium composite material—ACM—cladding systems, which had been implicated in the propagation of the fire. In Wales, we have made good progress in relation to remediation of buildings with ACM cladding. There were 15 buildings with non-compliant cladding, all of which have been remediated or have plans in place. We have been able to develop and maintain relationships with building owners and managing agents to ensure an open and honest dialogue about progress. No leaseholders will have to pay for remediation works in relation to ACM cladding. In addition, the Building Regulations 2010 have been amended to ban the use of all combustible cladding on residential buildings over 18 metres in height. The ban applies to combustible cladding on all new residential buildings and where renovation works take place, including flats, student accommodation, care homes and hospitals over 18 metres high. The ban ensures that ACM and other potentially dangerous cladding cannot be used on tall buildings in the future.

The Welsh Government have worked closely with the Home Office on this Bill. It significantly expands the fire safety order’s coverage of blocks of flats, in particular to include the external walls and internal doors that were so clearly implicated in the spread of the Grenfell Tower fire. They have also been working with the social landlord sector through Community Housing Cymru to develop and trial work in relation to resident engagement and sharing of building safety information. Safety First in Housing intends to support those managing buildings to put in place helpful measures ahead of legislation that will allow genuine engagement with residents, and I urge the UK Government to follow this lead in resident engagement.

Newport City Homes had to take the original contractors of the cladding to adjudication to recover its costs to make the building safe. The reality is that flammable material should never have been put on the outside of buildings, and the contractors and developers who allowed this to happen should rectify matters.

The Welsh Government intend to take the opportunity to establish two new regulatory regimes for Wales. The proposed fire safety regime will build on the existing fire safety legislation and will cover all residential buildings containing more than one dwelling. That goes significantly further than the Home Office proposals for England. It intends to establish a new regime focused solely on fire safety in domestic dwellings, unlike the current fire legislation that blurs the focus of workplaces and residential buildings. The Welsh Government also intend to establish a building safety regime for purpose-built high-rise blocks of flats. This will incorporate the fire safety regime but will look across the whole life cycle of buildings, putting in place additional requirements on those designing and constructing high-rise residential buildings, all the way through to the way in which they are managed and maintained during occupation.

Dame Judith Hackitt’s review identified competence issues throughout the system. It found that there was no clear set of competence standards or expectations for many of the professionals involved in the design and construction of fire-safe buildings or the maintenance of fire safety in occupied buildings. Her recommendations apply across the UK. Building industry action to develop more robust approaches is welcome, in order to make the improvements necessary to ensure that competence is clearly embedded within the professions that make up the construction industry.

Dame Judith was clear that information, from inception to occupation, is key to overseeing the ongoing safety of buildings. It allows buildings to be constructed safely and managed appropriately when occupied. Her proposals for a “golden thread” of building information not only are the basis of the information and data required during the gateway process as buildings are designed and constructed but flow through to the occupation stage. The golden thread will be comprehensive and include full as-built plans, a construction control plan and a fire and emergency file, and culminate in the safety case, which articulates how structural and fire risks will be managed and mitigated against. The safety case identifies the potential hazards in the building and considers how these might be reduced and mitigated against. The findings of these considerations should be recorded and acted upon. Evaluating and reviewing the success of mitigating actions should be monitored, and the processes of reviewing and assessing hazards undertaken on an ongoing basis. The golden thread is a live document—in effect, the user’s manual for the building.

Buildings must be designed and constructed in a way that ensures they are as safe as they can be. This is more than health and safety on a building site, and more than ensuring that there is fire-fighting equipment in an emergency. It is not only about ensuring that the design complies with building regulations safety requirements but that the intention is delivered in the finished product. This means making sure that safety features are properly installed in the right places, using the right materials and standards, by persons who are competent.

In conclusion, the Bill goes a good way to redressing the gaps in controls and provisions that led to the tragic loss of life at Grenfell Tower but I ask the Minister to ensure that no positive opportunity is overlooked when reviewing the steps available to get the Bill absolutely right for the future safety of our citizens, wherever they live in the UK, and to acknowledge and learn from the stronger steps that other Governments are putting in place for public safety.

End of Eviction Moratorium

Baroness Wilcox of Newport Excerpts

Thursday 24th September 2020 Lords Chamber

[Baroness Wilcox of Newport (Lab) [V]]

In March, the Secretary of State promised in the other place that no renter who had lost income due to coronavirus would be forced out of their home. However, while the Welsh Labour Government have a plan to prevent evictions and homelessness, the Westminster Government seem determined to do the exact opposite. Yesterday, this House agreed the Motion in the name of my noble friend Lord Ponsonby of Shulbrede that regulations laid before this Government will not continue to protect tenants from eviction—contrary to their promise. Therefore, can the Minister please confirm when further regulations will now be introduced to provide such protection?

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

My Lords, I first declare my interests as set down in the register. I would not characterise the situation in Wales as being radically different from that in England. There is the same six-month notice period in place for evictions and we operate under the same court system and guidance that provides protections to renters. Admittedly, the Welsh Government have announced a loan scheme, without providing any timings or details of the extent of the loan. We will look at that in due course. But I point out that there have been a considerable number of measures to support tenants at this time.

Devolution in England

Baroness Wilcox of Newport Excerpts

Tuesday 22nd September 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I thank my noble friend for putting the case for rural communities. Our current mayoral combined authority model is successful in delivering both for major cities such as Manchester and areas such as North of Tyne, which have significant rural areas.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, the city regions process has been seen as a broad success that has shifted public opinion in support of greater devolution in all the UK nations. As vice-chair of the APPG on the western gateway, I assure the Minister that I am a great supporter of these deals. This proposal is unique, insofar as it covers both Wales and England and therefore includes both Governments and councils across the regions. Can the Minister update the House on the progress of this deal? I anticipate that a written reply would be appropriate.

[Lord Greenhalgh (Con)]

My Lords, I will write to the noble Baroness on the latest update on progress on that front.

Covid-19 Secure Marshals

Baroness Wilcox of Newport Excerpts

Tuesday 15th September 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I point out that the Government have provided local authorities with an unprecedented level of funding—some £3.7 billion in unring-fenced funding—to respond to the pandemic. I have already stated that a further announcement will be made on specific funding for marshals and, of course, we will be working with local authorities on the training required for them.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, many councils will have been surprised to hear that they have been instructed to employ new marshals without any specific funding from the ministry—but what is new these days? My colleague, Councillor Nick Forbes, the Labour LGA leader, was quite clear in media reports at the weekend that many councils are on the brink of financial collapse, despite the Minister’s previous announcement of the £3.8 billion. They cannot afford these appointments. Can the Minister please confirm that the Government have at least consulted all councils before the announcement? Can he detail what support will be offered to councils in relation to the employment of these marshals?

[Lord Greenhalgh (Con)]

Many councils across the country already use marshals to keep the public safe. We have worked closely with councils throughout the pandemic and continue to be in close contact with them. We have been clear—and I have been clear—that we will provide more detail on funding in due course.

Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020

Baroness Wilcox of Newport Excerpts

Thursday 10th September 2020 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, I have a Motion to Regret the Motion of the noble Lord, Lord German. The regulations before the House today are indicative of the Government’s approach to planning; indeed, they are indicative of the Government themselves. They are another example of incompetence after a summer littered with U-turns. I begin by reminding the House of when these proposals first emerged. It was Thursday 12 March, and the impending crisis of Covid-19 was unfolding. It was on that day that the Chief Medical Officer first raised the risk from “moderate” to “high”. Public Health England announced that it would stop performing contact tracing, as it could not cope with the number of infections. As a result, the FTSE 100 plunged by more than 10%, the biggest drop since 1987.

It was on that day, at a key point—coincidentally, I am sure—during the unfolding crisis that the Communities Secretary informed the Speaker that he would make a Statement in the Commons. Perhaps he would be updating the House on the important role of local government in what had now been declared a pandemic. Perhaps the ministry would support the most vulnerable, who would soon be subject to self-isolation. No, on both counts.

On that day, the Communities Secretary announced that blocks of flats could add an additional two storeys without planning permission. Fast-forward six months, and while the Government should have spent the summer preparing for autumn and winter, they have spent it lurching from crisis to crisis, with not a government resignation in sight. The Secretary of State’s pet project —to transform the skylines of suburbia—is still being pushed through. All the while, the High Court awaits a hearing for claim of judicial review to block the move and local communities and local councils across the country are livid at the prospect. Yet for reasons unknown, this House is today still being asked to consider the implementation of these regulations.

I need not go through every issue with allowing developers to build upwards without consent, as this House has already well illustrated the flaws. I am sure that grass-roots campaigners behind the legal challenge will also do so. However, I firmly believe that, at the very least, we should make two preconditions for all residential developments: first, they should afford the resident a fit and proper place to call home; and, secondly, they should respect both the natural and human environments that exist around them. It is abundantly clear that new upward developments will not ensure either of these.

We have already heard concerns that these new homes will be cramped, undersized and at times poorly built. Surely many, if not most, will be unaffordable, since there will be no screening of the new spaces and no requirement for homes to meet Section 106 duties. Both the Minister and I are former council leaders, and I am sure he will agree with me that Section 106 funding plays a vital role in providing important community facilities that councils could not otherwise afford—particularly after a decade of austerity and underfunding of local government. There can be no doubt that new developments will impact the quality of nearby homes and communities, either by poor design or by the blocking of light.

Of course, there is more to these regulations than a new right to build additional storeys. As a result of this instrument, permitted development rights are also extended to allow for markets and motorsport events to take place more frequently without permission. I have no qualms with the Government supporting outdoor events, and they are right to explore ways of doing so. However, will the Minister explain why this measure has been lumped into this instrument, rather than including it in the Business and Planning Act? Surely that would have been a more appropriate setting for the House to consider the merits of this provision. There are also further provisions which make minor changes to compensation liability, as well as to the length of time for which land can be used temporarily. I would be grateful for clarification as to if, and how, the Government worked with local authorities on the drafting of these provisions.

I hope I have made it clear that the provisions of these regulations in relation to upward developments and the omission of Section 106 contributions do not have the support of our party. We will not vote against them today but will instead await their consideration by the Commons and the judgment of the High Court. I urge the Government to look for ways of restraining developers’ profits, so that opportunist developers have less ability to make life worse for our communities. If we have learned anything from the past six months, surely those of us in public service should be striving to make things better for the people of the United Kingdom.

Insolvency Act 1986 Part A1 Moratorium (Eligibility of Private Registered Providers) Regulations 2020

Baroness Wilcox of Newport Excerpts

Friday 24th July 2020 Lords Chamber

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, many noble Lords have asked interesting and apposite questions, displaying a depth of knowledge and insight into this specialist area of legislation. After an examination of the instrument, I am pleased to confirm that on our Benches we accept the need for the regulations and have no intention of opposing them today. These amendments appear technical, and the Government are right to eliminate issues arising from competing legislation.

I hope that I am already gathering a reputation for brevity in my speeches, and I have no desire to speak longer than necessary today, but none the less I would appreciate clarification of three areas. First, can the Minister explain the consequences if these regulations had not been agreed by both Houses before the impending Recess? Secondly, given that much of the legislation applies to Wales and Scotland as well as England, can the Minister briefly confirm that neither devolved Government raised any outstanding concerns in relation to the regulations? Finally, can the Minister update the House about wider regulations relating to breathing space? Is he satisfied that no further legislation is required?