Levelling-up Missions: East of England
Dehenna Davison Excerpts(1 year, 9 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
It is a pleasure to serve under your chairmanship, Mr Davies, I think for the first time.
Huge congratulations to my hon. Friend the Member for Waveney (Peter Aldous) on securing this vital debate. I echo the sentiments that have been expressed across the Chamber to mark 70 years since the terrible storm that took far too many lives.
Huge congratulations to the APPG for the east of England, that incredible cross-party body, on producing an incredibly insightful report, which my officials and I have been pleased to read and look into. It shone the brightest possible light on the region’s towering strengths: energy and clean growth, with the east of England producing more than half of the UK’s offshore wind and power; exports and global trade, with Felixstowe alone accounting for more than 40% of national container traffic; and the life sciences sector, which my hon. Friend the Member for Waveney mentioned. AstraZeneca’s R&D facility is rightly cited in the APPG’s report as an exemplar of the region’s booming sector, not least for its leading role in producing the life-saving covid-19 vaccine, for which we are all incredibly grateful.
For all those brilliant strengths, the report also highlights how the east of England faces its own challenges, too. As my hon. Friend the Member for Waveney highlighted, last year the Government published their levelling-up White Paper, where we outlined 12 key levelling-up missions between now and 2030. I fear, as my hon. Friend did, that I might scratch only the surface of the issues, but I will endeavour to cover as much ground as I can.
I will start with devolution—something very close to my heart and within my brief, so hopefully I have an advantage on my first point. As I read the report, I was a little troubled to find only medium confidence in delivering devolution. I clearly want that to be high confidence, so I will address a few of the points raised today.
We are pleased with our progress on devolution, particularly in the east of England with the historic deals we recently signed with both Norfolk and Suffolk. We all know that local areas know best what they need; they know better than Whitehall and we Ministers in Westminster ever will, and that is what devolution is all about. Transferring money and powers on housing, regeneration and skills will empower new directly elected leaders to drive local growth and focus on their priorities to level up their own areas.
That comes on top of substantial devolution and local growth commitments that we have already made through investments such as the £500 million city deal with Greater Cambridge and the £600 million Cambridgeshire and Peterborough devolution deal, and wider investment across the region through the getting building fund and £1.5 billion from the local growth fund. To reassure my hon. Friend the Member for Waveney and others, devolution deals are only one of the areas where my Department works in co-ordination across Government to deliver on levelling up. That is what the White Paper with its 12 missions was all about: recognising that levelling up has to be a whole Government effort.
An inter-ministerial group was recently established to pull together Ministers from across Government to focus on core levelling-up outcomes and missions to make sure there is a co-ordinated effort. Without such effort, we never will achieve the levelling up that this country deserves.
For years the east of England has been a region that punches above its weight, but arguably below its potential. If we want to realise the full potential of the region, we need to level up skills provision—the region currently falls below the national average. I was concerned to read in the report that participation and academic achievements in the east of England were among the lowest of all regions in England. As we would expect, where there is a lack of skills and too few decent jobs to go around, there is inevitably deprivation as well. That remains a real challenge for the region, which has pockets of significant poverty, including in coastal towns, as highlighted by my hon. Friend the Member for Clacton (Giles Watling), such as Jaywick, Lowestoft and Great Yarmouth.
I was pleased to see the recommendation in the report that the Government should promote skills devolution—something on which we are very much focused. In the current academic year, the Government have devolved approximately 60% of the adult education budget to nine mayoral combined authorities and the Greater London Authority, and Cambridgeshire and Peterborough received £11.9 million in the most recent financial year. As set out in the levelling-up White Paper, devolution of adult education funding has been a core part of all MCA devolution deals to date.
The Department for Education has committed to devolving adult education functions and the associated core adult education budget to new areas from 2025-26 as part of new devolution deals. We have worked across the country with new areas on devolution, including Norfolk and Suffolk, as I have already referenced. We will fully devolve the adult education budget in Norfolk from the academic year 2025-26, subject to readiness conditions and parliamentary approval of the required legislation.
We are also ensuring that everyone, irrespective of their age or background, has access to high-quality education or training, while prioritising the needs of employers. We are investing £3.8 billion more in further education and skills—
Priti Patel
Before my hon. Friend moves on to further education, let me ask about skills devolution; we in Essex have wanted this for a long time, so we must have it. What work is taking place to bring businesses into skills devolution? Local authorities, like Whitehall, can only do so much. This is all about ensuring that businesses are connected with a potential pool of labour and a talent base, so that this can come together.
Dehenna Davison
My right hon. Friend will recognise that that does not fit within my brief, but I can reference the Skills and Post-16 Education Act 2022, local skills improvement plans and work that is being done on our trailblazing devolution deals to further devolve skills powers, which would take into account local skills needs as outlined by local businesses. More on that will be coming soon, when we announce further details on those deals. We are investing in further education skills over this Parliament to ensure that people can get on the ladder of really good, high-quality training and education that leads to good jobs, addresses skills gaps, boosts productivity and, ultimately, supports levelling up.
Having skills really is not the end of it. Without stable and reliable jobs to go along with those skills, areas such as the east of England could lose their newly skilled and experienced workforce, which we of course want to avoid. The region already boasts incredible companies, particularly in life sciences. The Cambridge Biomedical Campus is the largest centre of life sciences and medical research in Europe, employing over 20,000 researchers, industry scientists and clinicians. I have referenced internationally significant companies such as AstraZeneca, with their £1 billion state-of-the-art global research and development facility, and GlaxoSmithKline.
There is always more to do to make sure that people have the necessary skills and adequate jobs. That is why, in the autumn statement last November, the Government reaffirmed their commitment to Sizewell C, which, once operational, will generate 7% of the UK’s energy needs. This investment is vital to the Government’s net zero strategy, which is connected to the east of England’s 13th mission, which we are working across Government to ensure we deliver. The Government’s £700 million investment in the project marks a further step towards energy independence for the UK, while providing a boost to the local economy in Suffolk, with over 10,000 highly skilled jobs set to be created during the plant’s lifetime. The skills investment and devolution is on top of other education investment—for example, the £294.9 million extra being provided for mainstream schools in the east of England this year, as well as the three priority education investment areas in the east of England.
As hon. Members from across the Chamber have highlighted, the issues go beyond skills shortages. Poor connectivity is holding the region back. A lack of decent rail and public transport connections between towns and cities means that a lot of people are forced to drive, not just for their commute but for hospital appointments, to go shopping, and to visit friends and loved ones. Transport East estimates that well over 40% of the region’s carbon emissions are down to private car use. There is a long way to go to bring that figure down over the medium to long term. That throws into sharp relief the need for the Government to redouble our efforts on levelling up when it comes to transport.
I have heard much, loud and clear, about the Ely and Haughley junctions, and will elbow colleagues in the Department for Transport to meet you guys who raised the matter to discuss it further. It is vital that we continue to improve roads across the region, as has been mentioned by a number of hon. Members, including my hon. Friend the Member for Clacton and my right hon. Friend the Member for Witham (Priti Patel). We have invested £462 million in local roads maintenance between 2022-3 and 2024-5, and £88 million in transport improvements across the east of England. We are going further to ensure that we improve capacity on the railways and bus services, because that rail capacity is crucial, as we all know.
East West Rail plays a vital role in boosting connectivity and unlocking productivity in the Oxford to Cambridge area, supporting access to jobs, education and other opportunities. It plans to create a direct rail link between Oxford and Cambridge, significantly improving journey times, and delivering benefits for passengers and businesses regionally and nationally. The Government have provided £1.3 billion towards the delivery of connection stage 1 of the project, which will provide services between Oxford, Bletchley and Milton Keynes. In the autumn statement the Government affirmed their commitment to plans for transformative growth for our railways, including East West Rail, and I am told that an update on that project will be provided in due course.
On buses, DFT is providing over £100 million of bus service improvement plan funding in the east of England, with £49.6 million going to Norfolk County Council. That will make a significant contribution to local public transport connectivity in the region. The Cambridgeshire and Peterborough Combined Authority received £4.3 million funding from the zero emission bus regional areas scheme, for 30 double-deck electric buses to be introduced on park and ride bus routes in Cambridge.
Let me turn to the APPG’s recommendation that simpler, long-term funding mechanisms are required to support the priorities set out in the strategies of the region’s two sub-national transport bodies. DFT seeks to ensure that all local transport authorities have stronger plans and capabilities to deliver enhanced local public transport. DFT is currently developing guidance and options to incentivise the refresh of local transport plans, so that places have an up-to-date plan for improving connectivity.
As previously mentioned—this is a bit of a pet project of mine—devolution of powers and funding is an intrinsic part of that work. The recently signed devolution deals in the east of England mark a new relationship between Government and Norfolk and Suffolk. A directly elected leader for each county will be responsible for a devolved and consolidated integrated local transport budget for their area, consisting initially of the local highways maintenance funding, both the pothole fund and highways maintenance block, and the integrated transport block, helping to provide strong local leadership and better transport outcomes for local people.
I was pleased to read in the report that the APPG agrees that living standards, especially when it comes to pay, employment, research and development, and wellbeing within the region, are all trending in the right direction. In the same breath, I was disappointed by the report’s assessment of digital connectivity and pride in place, as I know that my Department, and Departments across Government, are working incredibly hard to ensure we make progress on those areas.
My hon. Friend the Member for North West Norfolk (James Wild) raised the issue of gigabit broadband coverage. In the east of England alone, that has increased from 5% in November 2019 to 61% in January 2022, and since then that coverage has been expanding rapidly, with forecasts predicting it should reach 70% to 80% by 2025. Ensuring that areas in the east of England with the poorest fixed and mobile connectivity are improved is a big priority for my Department and for the Department for Digital, Culture, Media and Sport. In terms of mobile connectivity alone, the majority of 4G coverage uplifts from a shared rural network will come from the industry-led element of the network, which will target partial notspots in areas where there is coverage from at least one but not all mobile network operators.
As all hon. Members will know, growing people’s pride in the places where they live and work is at the heart of the investment we are making through the levelling-up fund. On that basis, I congratulate my hon. Friends the Members for Clacton and for North West Norfolk on their successful bids, on which I know they and their local authority teams worked incredibly hard. I reassure my hon. Friend the Member for Waveney that full written feedback will be provided to local authorities and the MPs who supported the bids, with the option of follow-up verbal meetings to go through the bids and see how they can be strengthened to secure potential future funding.
Our flagship levelling-up funding investment is helping people in a huge number of overlooked and under-appreciated communities in the east of England. Some £253 million has already been allocated; of that, £87 million was awarded in round 1 and £166 million was awarded in round 2. Almost £48 million was awarded to redevelop the station quarter in Peterborough and nearly £60 million-worth of bids were successful in Tendring, Harlow and Colchester. On top of that, the east of England has been allocated a total of £97 million from the UK shared prosperity fund.
I should highlight that the UK shared prosperity fund is one measure that the Government have taken to simplify funding streams and give more autonomy to local areas to deliver, without having to go through competitive funding processes. I hope that will reassure the hon. Member for Bedford (Mohammad Yasin). That is just one of the measures we are taking, and a funding simplification plan is coming incredibly soon.
We all recognise that significant population growth in any area will have an impact on vital and speedy access to healthcare for all residents, as highlighted by my right hon. Friend the Member for Witham, my hon. Friends the Members for Waveney and for North West Norfolk, and the hon. Member for Bedford. That is why, in the autumn statement, the Government made up to £8 billion available to the NHS and adult social care in England in 2024-25, including an additional £3.3 billion in both 2023-24 and 2024-25.
The Department of Health and Social Care works closely with NHS England and regional teams to distribute that funding settlement as needed, in order to reflect and address the needs of local populations, including through the agreement of annual plans for each NHS trust. Healthcare funding allocations are weighted heavily towards deprivation, which in turn correlates strongly with need. Per capita, funding for the most deprived local authorities is on average about 130% more than for the least deprived.
Finally, to ensure that we are improving capacity and capability in the healthcare system in the east of England, we are continuing to build five new hospitals as part of the Government’s commitment to build 40 new hospitals by 2030. That includes the rebuilding of James Paget University Hospital and the West Suffolk Hospital, a new cancer hospital at Addenbrooke’s, a new high-tech healthcare campus to replace the ageing Princess Alexandra Hospital in Harlow, new hospital buildings at Watford General Hospital and the refurbishment of Hemel Hempstead and St Albans City Hospitals.
I hope that has given a rough flavour of just some of the work that is going on right across Government to ensure that we are focusing on levelling up, obviously with specifics for the east of England. I know how hard the APPG and all Members present have worked on preparing this incredibly insightful report, which my Department and others have valued a great deal. As well as the challenges, some of which we have touched on, it reinforces that the region really is a true economic success story. As has been highlighted, it is a net contributor to the Treasury; few regions can boast of that, and it is something that the region should rightly be proud of. It is an international gateway for global Britain, and it boasts some of the highest levels of employment, pay and productivity anywhere in the UK.
Our shared challenge now is ensuring that the huge benefits of these tremendous assets and opportunities are shared more evenly across the region and that it ultimately achieves its true potential. As my hon. Friend the Member for Waveney and others have rightly highlighted, ensuring that the east of England reaches its potential really is core to the prospects of the UK as a whole. I believe that there is every chance we can ensure the east of England reaches its potential.
The report illuminates the significant progress we have made on our levelling-up mission so far, but it also shows that there is clearly room for improvement. To reassure my hon. Friend the Member for Clacton, we know that the job is not done; we set out those missions to aim towards by 2030 to ensure that we are levelling up in the east of England and right across the UK. The only way we can achieve that is by ensuring that we are working cross-Government, cross-Whitehall and, of course, cross-party to ensure that we are achieving what we need to achieve to truly level up the UK.
On that basis, I look forward to continuing to work cross-party with Members across the House, and with Ministers across Government, to unlock the east of England and the UK’s true potential.
English Freeports
Dehenna Davison Excerpts(1 year, 10 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
Today I am announcing a major milestone for the flagship UK freeports programme, with two further English freeports—in Plymouth, Solent and in Teesside—now fully up and running after receiving final Government approval. Each of these freeports will now receive £25 million of seed funding and potentially hundreds of millions in locally retained business rates to upgrade local infrastructure and stimulate regeneration. This is alongside a generous package of trade and innovation support for businesses locating there.
This significant milestone is an important step on the freeports journey and sends a clear message: the UK Government are backing these places as a key part of their economic strategy.
Freeports are at the heart of the Government’s levelling-up agenda. They will unlock much-needed investment into port communities and their hinterlands. This in turn will help these areas overcome the barriers holding them back and bring jobs and opportunity to some of the UK’s historically overlooked communities.
Freeports catalyse investment through a combination of tax reliefs on new economic activity, a special streamlined customs procedure, an ambitious programme of public investment, and wide-ranging support from the UK Government to help businesses trade, invest, and innovate.
Excellent progress has been made with delivery: investors can now take advantage of tax reliefs in all eight English freeports and are starting to do so, and we expect the remaining five English freeports to join Plymouth, Solent, and Teesside in receiving final approvals shortly.
This Government also remain committed to ensuring that all parts of the UK can reap the benefits of our freeports programme. We have recently concluded competitions for two green freeports in Scotland and a freeport in Wales, and we will announce the winning locations in due course. We also continue discussions with stakeholders in Northern Ireland about how best to deliver the benefits associated with freeports there.
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Oral Answers to Questions
Dehenna Davison Excerpts(1 year, 10 months ago)
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Gavin Newlands (Paisley and Renfrewshire North) (SNP)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
I wish you a very happy new year, Mr Speaker.
The recent autumn statement protected the most vulnerable by uprating benefits and pensions with inflation, strengthening the energy price guarantee, and providing cost of living payments for those who are most in need. My Department is continuing to analyse and respond to the challenges that inflation presents to the delivery of our levelling-up programmes and the levelling-up agenda, working closely with the places affected. We are continuing to explore what other support can be offered to mitigate against those inflationary pressures.
Bill Esterson
Happy new year, Mr Speaker.
According to the Department, construction of major projects has stalled because industry prices are well above the headline rates of inflation. As the Minister knows, UK inflation is projected to be the highest in the G7 this year, as it was last year. In the north-west, the Government have cut £206 million from the much-needed shared prosperity fund, so will the Minister confirm that her Department will make up the shortfall in the funds to help the construction industry play its part in rebuilding the economy and communities across the country?
Dehenna Davison
I am grateful to the hon. Gentleman for bringing attention to the shared prosperity fund, which is just one of the many measures that this Government have put in place to help to promote investment in local areas right across the country. One point that I draw his attention to is that, in recognising the challenging landscape that we face at the moment, our Department is making an additional £65 million of funding available to successful applicants to ensure that they can take on board consultants, train up extra staff and increase their capacity so that they are responding to the challenges that they face.
Gavin Newlands
Happy new year, Mr Speaker. It is great to see the former Prime Minister, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson), take a break from his career break to come and join us today—he is very welcome.
The UK is already the second most unequal G7 country, with inflation higher in poorer regions—including many parts of the west of Scotland—than in London and the south-east of England. That is set to become even worse as a consequence of the Tory cost of living crisis. Local initiatives such as the Clyde green freeport are designed to boost economic prospects in the west of Scotland, but inequality is still a major impediment to economic growth. How can the Tories fix that inequality when they largely caused it in the first place and have spent the last decade making it worse?
Dehenna Davison
I am grateful to the hon. Gentleman for again drawing attention to the green freeports programme, which will provide brilliant opportunities for residents in Scotland; we hope to make an announcement on that incredibly soon. I draw his attention to the incredible UK Government funds going into Scotland: the UK shared prosperity fund, the levelling-up fund and the community ownership fund—all things that Scottish people can access thanks to the UK Government improving opportunities for Scottish people.
Sara Britcliffe (Hyndburn) (Con)
Happy new year, Mr Speaker.
In Hyndburn and Haslingden, we welcome the shared prosperity funding we have received, which will support places such as Haslingden market. But after significant stakeholder engagement, we now eagerly await the outcome of our levelling-up fund bid. Can the Minister confirm that the results will be known before the end of the month?
Dehenna Davison
I am grateful to my hon. Friend, who is an excellent champion for her community—this is not the first time she has bent my ear on the levelling-up fund, and I am sure it will not be the last. I can confirm that we will announce the full outcome of the levelling-up fund by the end of January.
Sir Jake Berry (Rossendale and Darwen) (Con)
In Darwen, our town deal is absolutely crucial as part of our levelling-up plan. However, because of inflation, not only is time a wasting asset, but so is the value of that deal. Will the Minister meet me and representatives of Blackburn with Darwen Borough Council to discuss how we can speed up the release of the Darwen town deal funds?
Sarah Owen (Luton North) (Lab)
Thank you, Mr Speaker, and happy new year.
Conservative failure to tackle regional inequality is just one in a long list of let-downs. Thirteen years of Tory rule, and parts of the UK have plunged further and further into poverty. Local authorities spent over £27 million applying for levelling-up bids, only for many to lose out—places such as Barnsley and Knowsley, which have been denied multiple bids with little transparency, leaving many colleagues in the dark and resorting to questioning Ministers about local bids, with no answers at all. Will the Minister please clarify the lack of transparency and the financial costs of these bids to cash-strapped councils, particularly during the cost of living crisis?
Dehenna Davison
I thank the shadow Minister for her question. We are keen to get the levelling-up funding announced by the end of the month, with additional funding to what we were originally forecast to put out. We had £1.7 billion in the pot; we are now going to be divvying out £2.1 billion to local areas that really need it. It is the Conservative Government who deliver for the people across this country.
David Linden (Glasgow East) (SNP)
Helen Morgan (North Shropshire) (LD)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
Levelling up is all about improving opportunities and living standards in all parts of the country, but we know that some cost pressures, including transport and energy, can be even greater in rural areas than in urban areas. That is why, in this year’s provisional local government finance settlement, we have proposed maintaining the £85-million rural services delivery grant. As we are concerned about the impact of the cost of living, the recent autumn statement also protected the most vulnerable by uprating benefits and pensions with inflation, strengthening the energy price guarantee, and providing cost of living payments to those most in need.
Wendy Chamberlain (North East Fife) (LD)
Happy new year, Mr Speaker.
Levelling-up funding will not help the systemic issues behind the cost of living crisis, but one of the challenges in rural communities is that the infrastructure is often not in place, so I am concerned about the Government’s delay in announcing the successful bids for levelling-up funding, particularly for the projects and communities that would benefit in North East Fife. I am also concerned that the Government are not pushing back the deadline on capital expenditure beyond 31 March 2025, because capital expenditure is difficult to deliver. Will they consider extending that deadline?
Dehenna Davison
I am grateful to the hon. Lady for her pertinent question. That is precisely why we are putting in place additional funding to help to support local areas to build up their local capacity and improve their ability to deliver those projects on time. Ultimately, all our constituents want to see spades in the ground and projects completed as soon as possible.
Helen Morgan
Happy new year, Mr Speaker.
As the Minister just said, it is well documented that the cost of living crisis is affecting rural parts of Britain to a much greater extent because of the higher costs of petrol, food, transport and housing, and the lower average wages. I am seeing a growing number of emails from increasingly desperate constituents, including one who contacted me this week to say that she was wearing coats and hats in her house, despite having worked all her life. Her email concluded:
“I wish I was dead, I’m so depressed”.
Will the Minister acknowledge the extent of the problem affecting rural parts of Britain and work with her colleagues across Government to address the factors that are making the cost of living crisis much worse for people in rural Britain?
Dehenna Davison
Again, I am grateful to the hon. Lady for raising the case of her constituent. Sadly, I think all of us have seen examples like this, but it is particularly acute in rural communities. I represent a rural constituency so I have seen similar cases. A lot of work is going on right across Government to try to mitigate cost of living pressures, including cost of living payments and additional help with energy bills, but I am certainly willing to work with anyone across the House who can help us in that mission.
Caroline Nokes (Romsey and Southampton North) (Con)
In many rural areas there is no mains drainage, and the cost of sewage disposal is adding to the rising cost of living. One housing association in Romsey and Southampton North is levying charges to homeowners of £300 per month, meaning that their sewage disposal charges are higher than their energy bills. Will my hon. Friend agree to meet me so that she can hear more about the specifics of that case and understand if there is anything the Government can do to help?
Dehenna Davison
I am grateful to my right hon. Friend for raising this, and I will of course meet her to learn more and see what more we in Government can do to help support her constituents.
Dr Neil Hudson (Penrith and The Border) (Con)
Levelling up must cover all parts of our country—north, south, east and west—including rural areas. With that in mind, does my hon. Friend agree that a great way for the Government to show their support for rural areas would be to back the Inspiring Eden Enterprise Hub bid, which would really be a shot in the arm for the people of Penrith, Eden and rural Cumbria?
Dehenna Davison
My hon. Friend, my constituency neighbour, is an excellent champion for Penrith and The Border, and I certainly see the excellent work he does. I am certainly happy to meet him to discuss this further.
Miriam Cates (Penistone and Stocksbridge) (Con)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
The Government are of course committed to seeing more empowered and accountable local leadership, and we believe that devolution is the key to ensuring that that happens. Alongside the existing nine devolution deals already in place, last year the Government announced deals with six new areas, which will provide them with over £4 billion to help drive growth and innovation, and to help them respond to the challenges and needs in their areas.
Miriam Cates
The town deal initiative has been very successful in empowering communities by enabling local people to decide for themselves how regeneration money will be spent. We are delighted in Stocksbridge to have had final sign-off on our town deal, which is £24 million of Government investment that is going to transform our high street, improve transport and enable people of all ages to flourish in our town. Does my hon. Friend agree with me that the towns fund initiative should be a blueprint for future levelling-up projects, and will she honour Stocksbridge—I believe it is not very far at all from where she grew up—with a visit to see this community power in action?
Dehenna Davison
Well, I cannot possibly say no now, as a proud south Yorkshire lass, can I? My hon. Friend is a fantastic champion for Stocksbridge, and I congratulate her and the Stocksbridge board on securing £24.1 million to respond directly to the needs of the town. The town deal model is indeed a strong one, and I can assure her that responding to the views of local communities and stakeholders, including the local MP, will continue to be at the core of our approach to levelling up.
Jim Shannon (Strangford) (DUP)
I thank the Minister for her answer. What assessment has the hon. Lady made of the implications for her policies of the UK100 “Local Net Zero Delivery Progress Report” on local powers, which are critical for that very progress to actually happen?
Dehenna Davison
I thank the hon. Member for his question. Our net zero strategy sets out our commitments to enable local areas to deliver net zero and recognises that local authorities can and do play an essential role in delivering on our climate action. The UK100 “Local Net Zero Delivery Progress Report” forms part of a growing body of evidence that reviews what is going on with net zero.
Tom Hunt (Ipswich) (Con)
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
In this challenging economic context, levelling up to tackle regional inequality is more important than ever. While this requires a whole-Government effort, my Department continues to push ahead through investment in local places, for example through the UK shared prosperity fund, from which I understand the Glasgow city region has been allocated more than £73 million for interventions that will build pride in place and improve life chances for people living in the region.
Margaret Ferrier
Happy new year, Mr Speaker. As successful bids for the levelling-up fund are finalised—I hope to see Shawfield in my constituency receive some money—how does the Minister expect this round of funding to support wage growth across the UK in the light of the cost of living crisis?
Dehenna Davison
I appreciated the hon. Member’s pitch, which I am sure we will take on board alongside those made by colleagues across the House. The levelling-up fund is there to support local capital projects, of which there is such a wide range. Many of those will help improve wage growth, improve life chances and improve the skills of young people so that they can get on in life, because that is what the Conservative Government are all about.
Jonathan Gullis (Stoke-on-Trent North) (Con)
With £56 million from the levelling-up fund, a £17.6 million Kidsgrove town deal, masses of funding from the shared prosperity fund and, of course, a Conservative-led council building 1,000 homes a year, on average, and reopening things such as Tunstall town hall, which Labour left shut for 30 years, does the Minister agree that those who want to see regional inequality broken should vote Conservative in May’s local elections?
Mark Pawsey (Rugby) (Con)
Caroline Ansell (Eastbourne) (Con)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
Regenerating our town centres is essential to the Government’s commitment to level up the country. The Levelling-up and Regeneration Bill includes measures to tackle vacant properties, such as high street rental auctions, and it clarifies compulsory purchase powers. We have also revised the business development and use class rules so that commercial buildings can change easily between uses. Through the town deals programme and future high streets fund, the Government are also investing £3.6 billion to regenerate town centres, which of course includes projects to redevelop empty shops.
Caroline Ansell
With zero VAT on new build, demolition and greenfield development would seem to be the smart choice for developers, while empty buildings such as the former Debenhams in Eastbourne town centre, which would carry 20% VAT for renovation, are overlooked and year on year move towards dilapidation. Has any assessment been made of the number of new homes that could be delivered should different VAT regimes be levelled up? And, as there has been a great deal of negative campaigning—[Interruption.] I will come to that point next time.
Dehenna Davison
I thank my hon. Friend for her question; she is a fantastic champion for levelling up in her community. Questions on VAT would be a matter for His Majesty’s Treasury, but we are of course committed to reviewing incentives around brownfield development and will announce further details on the scope of that review in due course.
Andrew Selous (South West Bedfordshire) (Con)
Peter Aldous (Waveney) (Con)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
Pitch for Lowestoft heard loud and clear! The Chancellor announced at the time of the autumn statement that the existing investment zones programme would be refocused to
“catalyse a limited number of the highest potential knowledge-intensive growth clusters”.
Our Department will work closely with key partners on how best to identify and support those clusters. My officials have read the APPG’s report; we will respond in full in due course.
Justin Madders (Ellesmere Port and Neston) (Lab)
Dehenna Davison
We keep that under constant review. We are looking at the provision of further funds, but also at simplifying funding through schemes such as the UK shared prosperity fund, to empower local areas to make decisions on what is best for them.
Robert Courts (Witney) (Con)
Vital infrastructure for new homes includes upgrades to the sewerage networks that are needed to service them. Bringing schedule 3 to the Flood and Water Management Act 2010 into effect would remove the automatic right to connect, which would mean extra money to upgrade those systems. The Government are reviewing it, but are they going to do it?
Dehenna Davison
Another pitch heard loud and clear! I should be delighted to meet the hon. and learned Lady.
Shaun Bailey (West Bromwich West) (Con)
My life peaked last month when I finally got to cut the ribbon on the Poundland in Owen Street, Tipton, which was opening after years of negotiation. A high streets strategy will be an important part of our levelling-up agenda. Will my hon. Friend meet me to discuss how we can make the most of the true beating heart of the Black Country, including the high streets in Tipton and Wednesbury?
Dehenna Davison
My hon. Friend has been a fantastic champion for his constituency. I congratulate him on his ribbon cutting, which I am sure was a moment of real joy. I should be delighted to meet him to discuss how best we can move forward with our high streets strategy.
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
Simon Jupp (East Devon) (Con)
The Dinan Way extension in Exmouth and the Cullompton relief road are two major projects that are needed to cut congestion and improve air quality locally. My hon. Friend knows that I have made the case for those bids previously, but may I make one final plea now?
Dehenna Davison
My hon. Friend is another fantastic champion, not just for his constituency but for the whole of the south-west. We will announce the outcome of the bids in due course, but his question has been heard loud and clear.
Mrs Emma Lewell-Buck (South Shields) (Lab)
Dehenna Davison
My hon. Friend is yet another fantastic champion for her constituents. No further information is needed at this stage, but I should be happy to meet her to discuss the issue that she has raised.
Dr Rupa Huq (Ealing Central and Acton) (Ind)
Dehenna Davison
A great deal of transparent information is available on gov.uk, which I should be happy to send to the hon. Lady.
Nick Fletcher (Don Valley) (Con)
Devolution has been a resounding success in places such as Teesside and the west midlands, but in Labour-controlled South Yorkshire it has been an absolute disaster. Will the Minister meet me, and my South Yorkshire colleagues, to see what we can do to turn its fortunes around?
Dehenna Davison
We believe that local empowerment is the right way forward, but it takes the right local leadership. I shall, of course, be happy to meet my hon. Friend and his South Yorkshire colleagues to see how we can improve things for the great people of South Yorkshire.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Hard-pressed tenants in my constituency have been contacting me, worried about losing their homes and about unaffordable bills and rent. Well over three years after the Government promised to end no-fault evictions, when will they finally stop dithering and bring in the renters reform Bill?
Jonathan Gullis (Stoke-on-Trent North) (Con)
I believe a mistake was made when the levelling-up parks fund was announced, because Stoke-on-Trent did not get any money. When will the Minister correct that, so that I can put pump tracks in Middleport and at the old BMX track in Norton and Ball Green?
Dehenna Davison
That is another fantastic pitch from my hon. Friend the Member for Stoke-on-Trent North, Talke and Kidsgrove—I am not sure I have got all the titles in there. I would be happy to meet him to discuss it further.
Ellie Reeves (Lewisham West and Penge) (Lab)
Last month, 51,000 people came to the end of their placement under the Homes for Ukraine scheme, leaving them desperately needing somewhere to live. However, with the private rented sector unaffordable and council waiting lists already overwhelmed, families are having to choose between returning to a war zone and being homeless. What will the Government do about it?
Mike Amesbury (Weaver Vale) (Lab)
Cheshire West and Chester Council and I have put in an excellent bid in round 2 of the levelling-up fund for the corridor at Winnington bridge. On what day in January can we expect a positive outcome?
Dehenna Davison
I cannot promise a positive outcome at this stage. All bids are under consideration, but there will be an outcome before the end of the month.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Over a million households and growing have real housing needs. According to the Institute for Fiscal Studies, the Minister’s Department has seen the largest proportional reduction across Government in post-2025 spending plans. What steps are the Government taking to ensure that there is adequate funding for social housing?
Community Ownership Fund: Update
Dehenna Davison Excerpts(1 year, 11 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
Over the weekend I was delighted to announce the outcome of round 2 window 1 of the £150 million Community Ownership Fund, which will see £6.7 million awarded to 32 projects across the United Kingdom. Combined with round 1 projects, this additional funding takes our overall funding total to £16.7 million for 70 projects. The full list of successful applicants can be found here.
This targeted support is delivering much needed investment to ensure that important parts of our social fabric, such as pubs, sports clubs, theatres and post office buildings, can continue to play a central role in towns and villages across the United Kingdom. In this round we will be funding a diverse range of projects, from the Margaret Haes Riding Centre in Bury to the Llandyrnog Community Shop in the Vale of Clwyd.
The Community Ownership Fund is helping to reduce geographical disparities across the United Kingdom. To this end, the funding provided in round 2 window 1 will see over £800,000 awarded to projects in Scotland, £1.1 million to Wales and £555,000 to Northern Ireland. This, so far, brings the total funding awarded across Scotland, Wales and Northern Ireland to £4.9 million collectively.
The funding provided in round 2 window 1 will also see £4.2 million awarded to projects in England. This brings the total funding awarded across English regions to £11.8 million collectively.
The projects supported by the Community Ownership Fund, such as the United Kingdom’s most remote pub, The Old Forge in Scotland, Ballymacash Sports Academy in Northern Ireland, and the Leigh Spinners Mill in Greater Manchester, are already making a genuine difference to their communities. With the additional investment awarded in this bidding window, I am delighted to be supporting many more small but mighty local assets across the United Kingdom, levelling up the places we love and cherish.
Interested groups can submit an Expression of Interest form to start their application process at any time. With a four-year window until 2024-25 for investment to be released, there is plenty of opportunity for interested community groups to apply to take over invaluable community assets and to run them as businesses—by the community, for the community.
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English Freeports: Final Government Approval
Dehenna Davison Excerpts(1 year, 11 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
Today I am announcing a major milestone for the flagship UK freeports programme, with the first English freeports— in Plymouth, Solent, and Teesside—now fully up and running after receiving final government approval. Each of these freeports will now receive £25 million of seed funding and potentially hundreds of millions in locally retained business rates to upgrade local infrastructure and stimulate regeneration. This is alongside a generous package of trade and innovation support for businesses locating there.
This significant milestone is an important step on the freeports journey and sends a clear message: the UK Government are backing these places as a key part of their economic strategy.
Freeports are at the heart of the Government’s levelling-up agenda. They will unlock much-needed investment into port communities and their hinterlands. This in turn will help these areas overcome the barriers holding them back and bring jobs and opportunity to some of the UK’s historically overlooked communities.
Freeports catalyse investment through a combination of tax reliefs on new economic activity, a special streamlined customs procedure, an ambitious programme of public investment, and wide-ranging support from the UK Government to help businesses trade, invest, and innovate.
Excellent progress has been made with delivery: investors can now take advantage of tax reliefs in all eight English freeports and are starting to do so, and we expect the remaining five English freeports to join Plymouth, Solent, and Teesside in receiving final approvals shortly.
This Government also remain committed to ensuring that all four corners of the UK can reap the benefits of our freeports programme. We have recently concluded competitions for two green freeports in Scotland and a freeport in Wales, and we will announce the winning locations in due course. We also continue discussions with stakeholders in Northern Ireland about how best to deliver the benefits associated with freeports there.
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UK Shared Prosperity Fund
Dehenna Davison Excerpts(1 year, 11 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
Today, my Department is announcing the outcome of the UK shared prosperity fund—UKSPF—investment plan validation process: the approval of plans for England, Scotland and Wales, and the publication of the UKSPF investment plan for Northern Ireland.
When we launched the UKSPF prospectus in April, my Department outlined the ambition of the fund to invest in domestic priorities and target funding where it is needed most: building pride in place; growing pay, employment and productivity; supporting high-quality skills training; and increasing life chances across the UK. This announcement represents a significant step in delivering on this ambition.
Councils and mayoral authorities across England, Scotland and Wales have worked with the private sector, civil society and others, as well as the devolved Administrations in Scotland and Wales, to develop local investment plans. These plans set out how funding will be targeted on local priorities, against measurable goals. All investment plans for England, Scotland and Wales have now been validated and approved, unlocking three years of investment, and we now expect UKSPF delivery to commence in earnest.
In Northern Ireland, the Department for Levelling Up, Housing and Communities is responsible for delivery of the UKSPF. My Department has worked closely with key partners and other stakeholders to develop the UKSPF Northern Ireland investment plan, ensuring it reflects the needs and opportunities of Northern Ireland’s economy and its people. The plan published today outlines the specific interventions that will be supported, and how these will be delivered. Information regarding project funding, including commissions and our plans for project competitions, will be announced shortly.
The delivery of the UKSPF, worth £2.6 billion including Multiply, is a central pillar of this Government’s levelling-up agenda and a significant component of its support for places across the UK. As such, today’s announcement reaffirms our manifesto commitment to match EU structural fund receipts in Scotland, Wales, Northern Ireland and all areas of England.
The approval of investment plans kickstarts delivery in every part of the country and will lead to visible, tangible improvements to the places where people work and live. Alongside investment in skills, supporting those furthest from the labour market and promoting community cohesion, this will give individuals right across the UK even more reasons to be proud of their area.
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Social Housing and Regulation Bill [ Lords ] (First sitting)
Dehenna Davison Excerpts(1 year, 12 months ago)
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Matthew Pennycook
It is a pleasure to begin our line-by-line consideration of the Bill with you in the Chair, Sir Edward, and in a Committee with a considerable amount of housing expertise, which I hope will put us in good stead for further improving the Bill. The Opposition have consistently maintained that the Bill is uncontroversial legislation, and we welcome it and the measures it contains.
We desperately need to build more social homes, but we also need to ensure that our existing stock is of good quality and well managed. Almost half a million social homes fail to meet the Government’s decent homes standard and, as that standard is not a requirement, it is almost impossible to enforce.
The Regulator of Social Housing can and does react to systemic failings among registered providers—for example, the request for evidence issued in relation to damp and mould following the coroner’s report into the death of two-year-old Awaab Ishak in 2020—but at present it has no proactive way of regulating consumer standards. The spotlight of media attention, tenant campaigning or intervention by individual hon. Members should not be required to trigger the appropriate response to substandard conditions in social housing, yet that is all too often the case.
To ensure that tenants are properly protected by a robust, effective system of regulation, major reform is needed. Indeed, it is long overdue, and the Secretary of State was right to concede, in the wake of Awaab’s untimely death, that the Government have been too slow to toughen regulation in this area.
Despite its limited number of clauses, the Bill is therefore of real significance for millions of social housing tenants across the country. That is why the Opposition regret how long it took the Government to bring it forward, and it is why we want to see it on the statute book as soon as possible. To that end, we want to see the Committee to sit no longer than is absolutely necessary. However, we are determined to see the Bill strengthened in a number of areas, so that standards in social housing markedly and rapidly improve, tenants are able in practice to pursue and secure effective redress, the collective voice of tenants is heard more audibly and they have a greater role in shaping national policy, and we are better able to respond to pressing issues affecting some of those living in social housing, such as serious violence.
We owe it to the bereaved and the survivors of Grenfell, Awaab’s family and all those social tenants currently living in appalling conditions to pass the most robust legislation that the House can possibly deliver. To that end, we have tabled a limited number of amendments in key areas, the intention of which is to persuade the Government to reflect sincerely on how the Bill might be improved still further. Although we intend to work constructively with Ministers to secure the Bill’s speedy passage out of Committee, we expect the Government to give serious consideration to the arguments that we make in respect of those amendments.
Amendment 13 and new clause 8 relate to supported exempt accommodation and temporary accommodation. The new clause would provide the Secretary of State with the power to bring properties let at market rents by non-profit making providers of supported exempt or temporary accommodation registered with the regulator into the scope of consumer regulation. It would allow Ministers to do so at a time of their choosing and on an area-by-area basis as required. The amendment would extend the regulator’s fundamental objectives to the care and support services provided by supported exempt and temporary accommodation in relation to properties that already fall within the scope of consumer regulation.
I want to be clear at the outset that these proposals do not seek to extend the scope of the regulatory framework provided for by the Bill to all non-registered supported exempt and temporary accommodation providers in a way that could place unreasonable burdens on the regulator. Rather, they would apply only to those landlords who are registered, or entitled to register, with the regulator as non-profit making providers because they let some properties at below market rents—that is, social housing.
The purpose of these two related proposals is to address an existing loophole that, unless addressed, will remain a problematic gap in the consumer regulatory regime after the Bill has come into force. It is that non-profit making providers of supported exempt or temporary accommodation can let properties at market rents that are eligible for housing benefit support on the basis that “more than minimal” care, support or supervision is being provided, without those properties coming within the scope of consumer regulation.
We know that the regulatory gap is currently being exploited by unscrupulous providers. The three biggest registered providers of non-commissioned exempt accommodation in Birmingham last year, Reliance Social Housing CIC, Ash-Shahada Housing Association Ltd and Concept Housing Association CIC, received £159 million in housing benefit payments for 16,370 market rent properties that fell outside consumer regulation. They were able to operate those properties free from the fear of intervention on consumer standards grounds, because they collectively operate 310 properties—in Reliance’s case, it is just six—at below market rents.
As a result of the regulator being unable to enforce against poor performance by providers in relation to market rent properties that they operate on the basis of consumer standards, the regulator can enforce against bad practice in such cases only on grounds of economic viability. It has done so—for example, it found the large, Birmingham-based Reliance to be non-compliant with the governance and financial viability standard in October last year. However, Opposition Members struggle to understand why the Government have not enabled the regulator to take action against supported exempt and temporary accommodation providers letting units at market rents who fail to meet expected standards, using the tools provided for by the new proactive consumer regulatory regime introduced by the Bill, given that permitting it to do so would simply provide an additional weapon in the regulator’s arsenal when it comes to clamping down on unscrupulous providers.
It is true that clause 8(d) tightens the definition of what constitutes a non-profit making provider. That should help to ensure that some of the most flagrant abuses, such as out-of-balance portfolios, can be clamped down on. However, it will not end all instances of rogue providers gaming the system by letting some properties at below market rents, registering as non-profit making providers on that basis, and then operating far larger numbers of substandard market rent properties outside the scope of consumer regulation. For example, those with more balanced portfolios—presumably even if that were achieved on the basis of a split of 51% of properties let non-profit and 49% for profit—will escape the provisions of clause 8 that I just referred to.
We recognise that the Government support, as we do, the Supported Housing (Regulatory Oversight) Bill introduced by the hon. Member for Harrow East. I am pleased that the hon. Gentleman is on the Committee with us. His Bill will enhance local authority oversight of supported housing and thereby enable local authorities to drive up standards in their areas. However, it does not contain provisions to close the particular loophole that is the focus of amendment 13 and new clause 8. As such, if the Government do not accept our amendments or bring forward their own to tackle the loophole in question, enforcement action on the part of the regulator in these cases will be confined to matters of economic regulation.
One element of our concern about the gap in the proposed consumer regulatory regime that the amendments seek to address is that, once the hon. Gentleman’s Bill has received Royal Assent, rogue providers of supported exempt accommodation will be incentivised to exploit this loophole further, as it will be one of the last remaining loopholes because their operations will be hampered by the range of measures in the hon. Gentleman’s Bill. Using the Bill before us to address the issue of supported exempt and temporary accommodation landlords who are already partially regulated would also close down the loophole more quickly than would be possible by doing so through the Supported Housing (Regulatory Oversight) Bill, because it will be some time before that Bill is in Committee, and the detailed regulations required to give it full effect will take some time to be passed.
If the Government were persuaded of the merits of the argument underpinning amendment 13 and new clause 8, they could determine to deal with supported exempt accommodation and temporary accommodation separately. We ultimately decided that the amendments should cover both, because there is good evidence to suggest that the loophole is being increasingly exploited by private temporary accommodation providers, in particular those providing nightly paid temporary accommodation, who often describe themselves as social landlords but who are exempt from consumer regulation in relation to substandard properties they let at market rents at great cost to the taxpayer.
Dealing with supported exempt accommodation and temporary accommodation together is also an attempt to pre-emptively address the scenario in which the Government accept that properties let at market rents by registered non-profit making providers of supported exempt accommodation should be covered by consumer regulation and legislate to that end, but, by setting aside market rent temporary accommodation let by registered non-profit providers, ensure that that becomes an obvious target for rogue providers seeking to escape consumer regulation standards.
I appreciate fully—I expect that the Minister will respond along these lines—that the Government will be reluctant to re-open at this stage of the Bill’s proceedings what and who falls within the ambit of the new consumer regulatory regime, but surely they cannot believe that the Bill as drafted ensures that support services beyond general management that are provided to residents of supported exempt and temporary accommodation will be of acceptable quality, or that non-profit making registered providers can simply ignore consumer standards when it comes to those properties let at market rents eligible for housing benefit support.
The issues that are the subject of these two amendments will need to be addressed if the Government are serious about clamping down on rogue providers who take public money while failing vulnerable people. I hope that the Minister can signal that the Government are minded to act either by accepting the amendments or by bringing forward their own in due course.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
It is a pleasure to serve under your chairmanship today, Sir Edward. I am incredibly grateful to the shadow Minister, the hon. Member for Greenwich and Woolwich, for the constructive way he has embraced this debate, for the Opposition’s broad support for the Bill, and for his commitment to ensuring that the regulator is as robust as it can be. On that point, we have certainly found some early agreement.
As the hon. Member outlined, amendment 13 would extend the remit of the regulator to the care and support provided to residents in supported exempt accommodation and temporary accommodation, while new clause 8 would extend the remit to those types of accommodation when they are not social housing but are held by a registered provider.
Temporary accommodation and supported housing that meets the definition of social housing is already regulated under the regulator’s standards, and the Care Quality Commission already regulates the provision of personal care in supported housing. The support needs of people in supported housing are wide, varied and often complex compared with those living in general needs accommodation. That is why we are supporting targeted measures in the Supported Housing (Regulatory Oversight) Bill, introduced by my hon. Friend the Member for Harrow East, to tackle the issues we are seeing in supported housing. I echo the shadow Minister’s comments; I am very grateful that my hon. Friend is bringing his incredible expertise to the Committee.
While there are many excellent supported housing providers, the Government recognise that there are some rogue supported housing landlords. Let me be completely clear for the record: any abuse of the supported housing system will not be tolerated. The Supported Housing (Regulatory Oversight) Bill will introduce national standards to be applied to supported housing and to give local authorities new powers to introduce licensing schemes and other enforcement powers.
Temporary accommodation is a key safety net for homeless households in this country. The homelessness code of guidance is clear that, at a minimum, temporary accommodation must be free from all category 1 health hazards, as assessed by the housing health and safety rating system, and it must be suitable for all members of the household. Households have the right to request that the council reviews the suitability of their accommodation.
Siobhain McDonagh (Mitcham and Morden) (Lab)
On temporary accommodation for homeless families and the code of guidance, who enforces the code? Who knows whether councils are living up to it? Who inspects the accommodation with a third eye to see whether it meets the standards?
Dehenna Davison
I will follow that up with the hon. Member in writing after our sittings today.
Dehenna Davison
As I have just outlined, I will write to the hon. Member to pick up her point following today’s sittings.
The focus of the Regulator of Social Housing is on regulating the standards for registered providers of social housing. I believe that the regulator should remain focused on that vital role, and that greatly expanding its scope to include temporary accommodation could be a significant risk to its expertise. I do not believe that expanding the scope of the regulator into those areas, as proposed by the amendments tabled by the hon. Member for Greenwich and Woolwich, is the right way to address them. The regulator should continue to focus on ensuring that registered providers provide safe and high-quality social housing for tenants and on delivering the new consumer regime.
On that basis, I ask the shadow Minister to consider withdrawing his amendments today, but with a commitment from me to follow up with him before Report to see whether anything more can be done.
Bob Blackman (Harrow East) (Con)
It is a pleasure to serve under your chairmanship, Sir Edward. I thank the Minister and the shadow Minister for their compliments about me and my Bill. No doubt we will be debating it in one of these Committee Rooms in the not too distant future.
One concern about the position on supported housing is the number of regulators that get involved already. There is almost a confusion of regulation. There is another problem: as we legislators seek to plug gaps, the rogue landlords seek alternative ways of making huge amounts of money. We already know that nearly £1 billion in housing benefit was paid out last year on supported housing in exempt accommodation. Clearly, that was for people who are vulnerable and need help and support. They are from a wide variety of different backgrounds. They might be recovering drug addicts; they might be people who became temporarily homeless or people who have had mental or physical health problems. I could go through a long list of people, but they are vulnerable and need help and support.
However, I have a concern about the proposed amendments. They seek to plug a gap, but are they comprehensive enough? We need more discussion to make sure we have a comprehensive measure that includes everything and makes it clear who the regulator is. Given the interventions by the hon. Member for Mitcham and Morden, we want to make sure, as a Committee and as legislators, that the laws we introduce are actually enforced.
Dehenna Davison
Absolutely, we will take this away. I would be grateful for the expertise of all on the Committee, including the hon. Member for Mitcham and Morden, who made an incredibly passionate case. Let us have a roundtable discussion about how best we can take this forward following Committee.
Matthew Pennycook
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
New clause 2—Regulator duty to report on safety defects—
‘(1) In fulfilling its consumer regulation objective under section 92K of the Housing and Regeneration Act 2008, the regulator must report to the Secretary of State on actions taken by registered providers to remediate unsafe external wall systems and other historic fire safety defects in social housing.
(2) A report produced under this section may make recommendations to the Secretary of State on further action required to sufficiently address identified issues.’
This new clause would ensure that in meeting its fundamental objective to support the provision of social housing that is well-managed and of appropriate quality, the regulator would be required to report to the government on the progress of building safety remediation.
New clause 3—Regulator duty to support provision of social housing—
‘(1) In fulfilling its economic regulation objective under section 92K of the Housing and Regeneration Act 2008, the regulator must–
(a) within six months of this Act receiving Royal Assent, and
(b) at intervals of no more than three years thereafter
provide a report to the Secretary of State on whether the supply of social housing in England and Wales is sufficient to meet reasonable demands.
(2) A report produced under this section may make recommendations relating to how to ensure that the provision of social housing in England and Wales is sufficient to meet reasonable demands.’
This new clause would ensure that in meeting its fundamental objective to support the provision of social housing sufficient to meet reasonable demands the regulator would be required to report to the government on adequacy of social housing supply.
Dehenna Davison
Clause 1 relates to the fundamental objectives of the Regulator of Social Housing and adds safety and energy efficiency of tenants’ accommodation and transparency. New clauses 2 and 3 seek to take that further and expand the role of the regulator into new areas.
New clause 2 relates to monitoring the remediation of unsafe cladding and other fire safety defects in the social housing sector. I want to make clear from the outset that nothing is more important to this Government than making sure people are safe in their homes. The tragic, horrendous case of Awaab Ishak, which we are all unfortunately now familiar with, has highlighted the crucial role of registered providers of social housing in making sure that happens.
The Bill sits alongside other key reforms that we have introduced in response to the Grenfell Tower fire, including the Building Safety Act 2022 and the Fire Safety Act 2021. New clause 2 is incredibly well intentioned, given what it seeks to achieve, but the Bill is not the correct vehicle for it. A duty should be placed on the Regulator of Social Housing to undertake such monitoring. The regulator is not a specialist fire or building safety body. The proposed new clause would be a significant expansion of the regulator’s remit. Currently, the regulator does not have the expertise to fulfil that function effectively.
The question of who should undertake that kind of role is, however, an important one for Government. The Department is evaluating options on how best to monitor and report on the progress made in remediating unsafe cladding and other fire-safety defects. It is important that the work is done at pace, but thoroughly. I understand that hon. Members will be keen to study its outcomes and implications for future policy, but I must reiterate that it would be improper to pre-empt it while it is ongoing by allocating responsibility for that highly important function without the benefit of fully understanding the options. We need to ensure that that work is undertaken by those with the correct skills, expertise and capacity. My concern with new clause 2, therefore, is that it would make for a hasty decision that might mean we do not achieve the desired outcomes in the optimal way.
I turn to new clause 3. The hon. Member for Greenwich and Woolwich is right to draw attention to the importance of increasing the supply of social housing. In the levelling-up White Paper, we made it clear that we want to
“increase the amount of social housing available over time to provide the most affordable housing to those who need it.”
Our £11.5 billion affordable homes programme will play an important role in achieving that aim, as will the measures we have taken to support increased council house building.
For its part, the regulator has an objective to support the provision of sufficient social housing. It discharges that role through its work to ensure that private registered providers are financially viable, efficient and well governed. In turn, that helps providers to obtain funding to enable them to deliver more social housing. However, I do not agree that we should make the regulator responsible for assessing the adequacy of social housing provision in England or, indeed, in Wales. I am concerned that such an additional role could divert resources away from the activities that should be the focus for the regulator, which is setting standards for social housing so that landlords are clear about expectations on them to deliver quality of housing, to monitor compliance with those standards and, where necessary, to undertake relevant enforcement action.
Organisations outside Government often publish their own analysis of the level of need for social housing. There are a number of different approaches to assess that, and not necessarily a single right answer. I am therefore not convinced that the regulator stepping in to provide its own assessment is the right approach. It should focus on the task at hand and on standards, quality and enforcement. On that basis we would not want to accept new clauses 2 and 3.
Matthew Pennycook
I thank the Minister for her explanation of the clause and for the response to the two new clauses tabled by the Opposition. As the Minister has made clear, with a view to providing for a stronger and more proactive consumer regulatory regime, the clause expands the regulator’s fundamental objectives as set out in the Housing and Regeneration Act 2008 to include those of safety, transparency and—following the well-deserved success of Baroness Hayman’s amendment in the other place on standards relating to energy demand—energy efficiency.
My response to the case that the Minister made against new clauses 2 and 3 has, thankfully, pre-empted a number of the points she has just made. New clause 2 seeks to ensure that in meeting its fundamental objective to support the provision of social housing that is well managed and of appropriate quality, under proposed new subsection (3)(a) of the amended 2008 Act the regulator would also be required to report to the Government on the progress of building safety remediation in the social housing sector.
According to the Department’s own figures, every one of the 160 social sector buildings identified as having unsafe aluminium composite material—ACM—cladding, similar to that which covered Grenfell Tower, have been remediated through the social sector ACM cladding remediation fund. When it comes to buildings in the social sector with unsafe non-ACM cladding systems, we know that, as of 31 October, 251 have applied for Government funding for remediation. Alarmingly, as things stand, not a single one of those 251 buildings has been remediated.
Perhaps more worryingly, we have no estimate of the total number of social sector buildings with unsafe non-ACM cladding systems, because social landlords can apply for Government funding only if the costs of remediation are unaffordable or if there is a threat to their financial viability. We have no idea whatsoever how many social sector buildings have other non-cladding building safety defects.
There is a wider debate to be had outside this Committee about social landlords’ restricted access to funding for non-ACM remediation work, given the impact that has on social tenants, whose rent payments are contributing to the costs of the works required, and on providers in terms of upgrade and maintenance works, services provided such as welfare advice and the supply of new social homes.
However, all new clause 2 seeks to achieve is to make the regulator—which, as a result of the Bill will now have to perform its functions with a view to supporting the provision of social housing that is safe—report to the Secretary of State on the progress of remediating unsafe external wall systems and other historical fire safety defects in social housing, and provides it with the opportunity to make recommendations to the Secretary of State on further action required.
Speaking for the Government in the other place in response to a similar amendment in the name of Baroness Pinnock, Baroness Scott of Bybrook argued, as the Minister just has, that the type of monitoring sought by new clause 2 would not be “appropriate” for the regulator to undertake because
“it is not a specialist health and safety body.”—[Official Report, House of Lords, 6 September 2022; Vol. 824, c. 114.]
I am afraid that we find that argument wholly unconvincing.
New clause 2 does not seek to impose a duty on the regulator to carry out inspections of social sector buildings that are either potentially unsafe or identified as unsafe and in need of remediation or to physically monitor the progress of remediation works. As such, it does not require the regulator to possess the relevant professional skills, expertise and capacity necessary for assessments of that nature. All it would require is that the regulator be responsible for reporting to the Government on the progress of remediation in respect of social sector buildings—on the overall number of such buildings identified as having defects and the progress of whether they have started and completed remediation.
Given that the regulator already collects data from registered providers to inform its regulation of standards, and that the Bill ensures that one of the regulator’s new fundamental objectives will be the safety of buildings, we believe it is entirely reasonable and appropriate to task it with reporting to the Government along these lines.
As the Minister made clear, the Government have been at pains over recent months to stress they are examining options for monitoring and reporting remediation progress in future. Yet, as we consider the Bill today, neither the Department nor the new Building Safety Regulator is providing accurate data with regard to the scale of the building safety challenge in the social housing sector, or progress toward meeting it; no firm proposals have been brought forward by the Government to address that gap; and we have no guarantees that appropriate measures will be forthcoming any time soon, although I take at face value what the Minister has just said.
The Bill rightly ensures that the provision of safe, high-quality social housing will be integral to the function of the regulator’s role. There can be no more important task in respect of social housing—I think we are agreed on this point—than to ensure that buildings that are either covered in combustible material or riddled with other non-cladding safety defects are made safe. New clause 2 would ensure the regulator monitors progress to that end and reports to Government. I urge the Minister to rethink. If the Government are not minded to amend the Bill as new clause 2 seeks, I urge them to bring forward other proposals for monitoring this important element of the remediation drive in the near future.
I turn to new clause 3. In a similar way to how new clause 2 seeks to place additional requirements on the regulator in relation to its fundamental objective to support the provision of social housing that is well-managed and of appropriate quality, new clause 3 seeks to ensure that, in meeting its fundamental objective under the 2008 Act to support the provision of social housing that is sufficient to meet reasonable demands, the regulator would also be required to report to the Government on the adequacy of social housing supply.
The problem to which this new clause relates is well known. While more people than ever are struggling to afford a secure place to live, nowhere near enough social homes are being built. Almost 1.2 million households in England are now languishing on a housing waiting list. The Green Paper that foreshadowed the Bill stated:
“Social housing remains central to our supply ambitions.”
Despite that, the Government are doing nowhere near enough to deliver the volume of social homes our country needs.
Not only are the Government failing to build the volume of social homes that we need, but by means of reduced grant funding, the introduction of the so-called affordable rent tenure, increased right-to-buy discounts and numerous other policy interventions, we would argue that they have actively engineered the decline of social housing over the past 12 years. The result is that not only were fewer than 6,000 social homes constructed last year but over 21,000 were sold or demolished—a net loss of 15,000 desperately needed genuinely affordable homes.
Dehenna Davison
I will be brief and just say that I recognise the arguments made by the shadow Minister, but I hope he recognises the arguments that I made in my opening statement. I have made a commitment to my hon. Friend the Member for Harrow East that before Report we will sit down to discuss the issues further and make sure the regulator has the teeth it really needs.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
Advisory panel
Matthew Pennycook
I beg to move amendment 14, in clause 2, page 1, line 18, at end insert—
“(2A) The Panel may provide information and advice to the Secretary of State about, or on matters connected with, the regulator’s functions and wider issues affecting the regulation of social housing (whether or not it is requested to do so by either the regulator or the Secretary of State).”
This amendment would enable the Panel to provide information and advice and to proactively raise issues affecting social housing regulation more generally directly to the Secretary of State.
Dehenna Davison
I am grateful to the shadow Minister for making his case for amendments 14 and 15. Amendment 14 seeks to enable the advisory panel to provide information and advice and to raise issues affecting social housing regulation directly with the Secretary of State. The social housing White Paper made it clear that the purpose of the advisory panel was to provide independent and unbiased advice specific to the regulator on matters connected to regulation. Clearly, the views of tenants are central to that objective.
As the hon. Gentleman outlined, in parallel we also established the social housing quality resident panel, which will provide an opportunity for us to hear from tenants. The aim of the resident panel is to enable tenants to share their views directly with Government and Ministers on their approach to improving the quality of social housing, and on whether the Government’s interventions will deliver the changes that they want to see.
The resident panel is made up of 250 social housing residents from across the country and from diverse backgrounds. They met for the first time last week on 26 November, and will meet approximately monthly over the coming year, with opportunities for the agenda to be shaped by panel members. At that meeting, residents told the Secretary of State for Levelling Up, Housing and Communities, my right hon. Friend the Member for Surrey Heath (Michael Gove), that the most important issues to them were how repairs are dealt with, how landlords are held to account and how complaints are handled by their landlords and the housing ombudsman. The Department’s resident panel and the regulated advisory panel have a specific role and remit to ensure that tenants’ views are properly represented to both Ministers and the regulator.
Amendment 15 seeks to require a social housing tenant to chair the advisory panel and have responsibility for setting the agenda that the panel considers. It also seeks to ensure that social housing tenants comprise the majority of panel members. We share the notion that it is vital that tenants’ voices are heard, but it is important that the advisory panel considers the full range of regulatory issues that the regulator has to tackle. That means that we need to allow a diverse collection of voices to share their knowledge and opinions with the regulator.
Consumer matters are rightly at the forefront of the Bill but, equally, working to resolve some of the economic issues should not be diminished. Legislating for a tenant to chair and set the agenda and requiring the majority of the panel members to be tenants would not support what we are trying to achieve with the advisory panel. I am concerned that being too prescriptive in legislation about how the advisory panel must operate may prevent the panel from having the flexibility to decide how it best operates. In practice, I expect that all members of the advisory panel, along with the regulator, will shape how it works and what it considers.
We are committed to ensuring that tenants can effectively engage with the Department and the regulator, and that tenant voices are at the heart of social housing regulation and policy, but we do not feel that amendments 14 and 15 are necessary to achieve that so I ask the shadow Minister to withdraw them.
Matthew Pennycook
I thank the Minister for that helpful response, and I take on board the concerns she raised about the amendments.
I am slightly concerned about the lack of what we would consider to be true tenant empowerment. The quality resident panel is important, but it only lasts a year, so how will we get ongoing tenant engagement with the work of the regulator to inform how it operates, to shape future regulation, which is part of its remit, and to raise future issues of concern to tenants nationally, in terms of social housing regulation and policy? We do not think the Bill allows for that, and in all honesty I cannot understand the Government’s objection to allowing the advisory panel to notify Ministers directly, rather than the regulator, in certain rare circumstances. As the Minister said, the panel is at present constituted by the regulator, which appoints its membership, and it can only provide views directly to the regulator. We think there are some circumstances in which it may need to do otherwise. I hope the Minister takes away those points.
Dehenna Davison
Clause 2 makes it a requirement that the regulator will engage with a wide range of stakeholders, including tenants and landlords. It also sets out expectations about who should be represented on that panel. It is not just about the regulator asking a group of people for views once it has already made up its mind about what it wants to do. The panel is designed to be used to test and shape the regulator’s thinking. For example, we expect the regulator to engage the panel on the design and implementation of new consumer standards. The clause also empowers the panel to raise issues directly with the regulator that its members consider important. I hope the Committee will support the clause.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Clause 3 ordered to stand part of the Bill.
Clause 4
Power to charge fees
Dehenna Davison
I beg to move amendment 1, in clause 4, page 3, line 40, leave out “follows” and insert
“set out in subsections (2) to (6)”.
This amendment is consequential on Amendment 2.
The Chair
With this it will be convenient to discuss the following:
Government amendment 2.
Clause stand part.
Dehenna Davison
Clause 4 and Government amendments 1 and 2 deal with the regulator’s fee-charging powers. As we heard from a number of hon. Members on Second Reading, the Regulator of Social Housing must be provided with the necessary funding to enable it to deliver the outcomes the Bill is designed to achieve.
Once the new consumer regime is implemented, the regulator will see substantial growth in its regulatory activity, which means its costs will increase significantly. It is Government policy to maximise the recovery of costs of arm’s length bodies, so clause 4 will refine the existing fee-charging power to allow for the cost of some additional functions to be recovered, and to charge fees that cover costs of activities that may not be connected to the specific fee payer, such as the cost of investigation and enforcement. Any significant changes to the design of the regime will be consulted upon and require ministerial approval.
Government amendments 1 and 2 also address the regulator’s fee-charging powers. The amendments remove specific provision allowing the regulator to charge following the completion of inspections, if authorised by the Secretary of State by order. The existence of that special provision relating to fees for inspections is no longer necessary given the changes we are making to the regulator’s general power to charge fees. That power will now allow it to cover the cost of inspections in its fees for initial and continued registration.
Leaving the provision in legislation erroneously risks causing confusion and casting doubt on the regulator’s ability to set fees to cover inspections as part of its general fee-setting power. As such, the change serves to ensure that there is greater clarity and consistency in this legislation.
Clause 4 establishes the parameters to the regulator’s fee-charging powers and makes clear that it can charge the sector for costs that may be unconnected to the specific fee payer. Government amendments 1 and 2 support clause 4 by delivering a technical change that will ensure there is no confusion over the powers available to the regulator to deliver maximum cost recovery. On that basis, I commend the clause to the Committee and beg to move the amendments.
Matthew Pennycook
I thank the Minister for that explanation of Government amendments 1 and 2. As she makes clear, clause 4 amends section 117 of the Housing and Regeneration Act 2008 to clarify the extent of the regulator’s fee-charging powers. New subsection (4A) adds to the 2008 Act and makes it clear that the regulator has the power to recover the cost of activities it does not currently charge social housing providers for.
If I understood the Minister correctly, Government amendment 2 revises section 202 of the 2008 Act because the powers in new subsection (4A) are sufficiently broad to cover charging providers fees for inspections. In short, as I hope she agrees, this is just a tidying-up exercise, the rationale for which is that the power is being omitted from section 202, concerning inspections only, because it more properly fits within section 117, concerning fees generally, to ensure that references to fee charging are all in one place in the 2008 Act. If that is the case, and amendment 2 in no way prevents the regulator from charging fees for inspections, we take no issue with it, because it is important that the regulator is able to charge fees to cover the significant costs involved in overseeing the comprehensive and rigorous Ofsted-style inspections regime that the Bill introduces.
The amendment raises wider issues relating to the resourcing of the regulator. Since the Bill’s publication, we have consistently expressed concern about the very real risk that the regulator will struggle to discharge its new functions and that it will not be adequately resourced to perform its enhanced role, in particular in relation to inspections. Prior to the Bill’s publication there were already concerns, expressed by the Select Committee and others, as to whether the regulator had the resourcing, skills and capacity to continue to regulate economic standards adequately, given the complex financial and corporate structures proliferating in the sector.
The new consumer regulatory regime will impose significant burdens on the regulator. The Minister stated on Second Reading that the Government are
“firmly committed to ensuring that the regulator has the resources that it needs not only to deliver the new consumer regulation regime but to ensure that it continues to regulate its economic objectives effectively.”—[Official Report, 7 November 2022; Vol. 722, c. 83.]
She also suggested that the Government were potentially minded to introduce changes to the fee regime to ensure that the regulator is funded appropriately. We accept that the Government have made limited additional funding available this financial year to support the new regime, but we are concerned that there may still be a resourcing challenge for the regulator. I would welcome any further assurances from the Minister that the regulator will have all the resources it needs to discharge the enhanced functions that the Bill requires of it.
Dehenna Davison
I am grateful to the shadow Minister for raising the question of resourcing. We touched on this on Second Reading, as he highlighted. He is right that in this financial year we are providing £4.8 million to aid the regulator in its vital work, but this is why it is so important that we get the fee charging regime right—to ensure that the regulator is properly resourced. As we have discussed today, on Second Reading and in the other place, the regulator needs the teeth to be able to do its job, and a huge part of that is resourcing. He is right that, effectively, we are tidying the legislation up to make it a bit neater and ensure further clarity, so I hope he will support these amendments.
Amendment 1 agreed to.
Amendment made: 2, in clause 4, page 4, line 16, at end insert—
‘(7) In section 202 of the Housing and Regeneration Act 2008 (inspections: supplemental) omit subsections (4) to (7).’—(Dehenna Davison.)
This amendment repeals the provisions of the Housing and Regeneration Act 2008 which provide specific powers to enable the regulator to charge registered providers of social housing fees for inspections.
Clause 4, as amended, ordered to stand part of the Bill.
Clause 5
Relationship between regulator and housing ombudsman
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
I thank the hon. Gentleman, and I fully understand his point. I met with senior staff from the housing ombudsman yesterday, and we were talking precisely about the ways in which the respective roles operate and how they could be clarified. What these examples seek to illustrate is that there is still an obvious risk of overlap and duplication of roles in respect of these two bodies. One could argue, as the hon. Gentleman just has, that those issues can be resolved by means of updating the non-statutory memorandum of understanding that already sets out the functions of both organisations and how they work together, but that throws up two distinct issues in and of itself.
First, is it appropriate for us to leave these matters to the two bodies themselves to resolve, rather than clarifying on the face of the Bill the precise role of each body in the new regulatory regime, so as to avoid the duplication of functions and potential gaps in coverage—even if only in the short term, before they update that memorandum of understanding to reflect the new regulatory system of proactive consumer regulation?
Secondly, I am sure that hon. Members have been contacted by tenants who are aware that the Bill is progressing through the House. The expectations around the Bill are such that, after it receives Royal Assent, tenants who feel that they have not secured appropriate redress by means of a standard complaint to their landlord and believe that their grievance might be systemic in nature will understandably be uncertain about whether they should approach the ombudsman or the regulator with their complaint. I appreciate that the Department is alive to the risk, has produced guidance in the form of a fact sheet and is apparently delivering a communications campaign to tenants so that they know where to go and are well informed but, without greater clarity prior to Royal Assent about the precise roles of each body in the regime established by the Bill, I fear that neither will be sufficient to prevent a large degree of confusion. When debating this matter in the other place, Baroness Scott of Bybrook conceded that fears about confusion of the kind that I alluded to are legitimate, and that greater clarity is required as a result; yet, despite her promise to take the matter back to the Department, the Government are not amending the Bill to provide greater clarity or committing to take any further concrete steps—that I am aware of, at least—to ensure that confusion will be avoided.
As Shelter and others have argued, it is essential that the roles of the regulator and the housing ombudsman are clearly defined, that tenants and tenant groups understand the appropriate way to make complaints and that any complaints process or system is easy to use, accessible and effective. I would be grateful if the Minister provided greater clarity today and, if not today, in writing. I hope that, in general terms, she will assure me that the issues that I have highlighted will be both considered and acted on by the Department before the Bill receives Royal Assent.
Dehenna Davison
I am grateful to the shadow Minister for raising his concerns and giving me the opportunity to provide some clarity. We will take it from the experience of one particular tenant, if we may. If a tenant has a complaint, they should first go to their landlord but, if that complaint cannot be resolved between tenants and the landlord, it can be escalated to the housing ombudsman to investigate individual complaints from tenants. If the ombudsman’s investigation finds instances of maladministration on the part of the landlord, the ombudsman can issue orders to that landlord to put things right for the complainant. That can include requiring the landlord to pay compensation to the complainant or to undertake repairs.
If an investigation raises a potential breach of a regulatory standard or there is evidence of systemic failure by the landlord, the ombudsman can refer the matter to the regulator. In situations where the regulator has concerns that the provider is failing to maintain the premises in accordance with the regulatory standards, it can conduct a survey and, following the implementation of this Bill, arrange for emergency repairs to remediate the issue in cases where there is a risk of serious harm to tenants that is not being addressed by the landlord.
Matthew Pennycook
We are testing the patience of Sir Edward and the rules, but the point my hon. Friend highlights is a genuine one about the complication of legal matters and whether tenants abandon complaints at whatever point, which I hope adds to the weight of the point that I have just made. It is not immediately clear, and we have to be clear with, most importantly, tenants once this Bill is in force about where they go and how they can seek redress under the provisions of the Bill as quickly as they need to. As I said, in the case of clause 31, the process the Minister has described does not seem like it is fast enough to ensure that emergency remedial action of the kind provided for by clause 31 will happen. I hope the Government will take this and those other points away.
Dehenna Davison
Again, I am grateful to the shadow Minister and to the hon. Member for Mitcham and Morden. On the shadow Minister’s point about communications ensuring that tenants know where to go and how this process works, we have been working with organisations that represent landlords, social housing residents and the housing ombudsman service. We delivered communications and marketing campaigns in 2021 and this year to ensure that social housing residents were aware of how to make a complaint and how to seek redress where appropriate. We are putting in the work through communications to ensure that tenants understand the process, but I have heard his points on timeliness and I will endeavour to take that away.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clauses 6 to 9 ordered to stand part of the Bill.
Clause 10
Appointment of health and safety lead by registered provider
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
Clause 10 is not contentious, and we broadly welcome it, but I would appreciate some clarification from the Minister on a specific issue arising from it. At present, proposed new section 126B ensures that
“The functions of the health and safety lead”
are to
“monitor the provider’s compliance with health and safety requirements”
and to notify the provider’s responsible body of any material risk to or failures of compliance, and to advise on steps to ensure the provider addresses them.
As Ministers may be aware, the Local Government Association, among others, has inquired what—if any—channels of communication or reporting mechanisms will exist between the health and safety leads of registered providers and the regulator itself. The LGA also highlighted the obvious need for sufficient new burdens funding in the case of local authority landlords. Will the Minister provide answers today or in writing to the following questions? First, did the Government intend to establish any direct permanent relationship between the regulator and RP health and safety leads? Secondly, what is the rationale for not requiring health and safety leads to report any material risks or failures of compliance directly to the regulator, as well as the responsible body, as a matter of course? Thirdly, can the Minister guarantee that the Government will make sufficient new burdens funding available to local authorities to fully implement the provisions in the clause?
Dehenna Davison
I will follow up in writing with a bit more clarity and specific detail on the questions the shadow Minister has raised.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Clause 11
Electrical safety standards
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
We welcome the Government’s decision, in response to concerns raised during the passage of the Building Safety Act 2022, to carry out a consultation on the introduction of mandatory checks on electrical installations for social housing at least once every five years and to include measures within this Bill to partially implement such checks—only partially, because the section of the Housing and Planning Act 2016 that this clause seeks to amend is concerned with properties let by landlords, not owner-occupier leaseholders. That is an important distinction, for reasons I will explain.
As we know, there is currently no legal requirement in England for social landlords or leaseholders to undertake electrical safety checks of their dwellings. The situation is distinct from that in the private rented sector, where the Housing and Planning Act introduced mandatory safety checks on electrical installations at least once every five years.
We know that fires in numerous tower blocks, including Grenfell, Shepherd’s Court, and Lakanal House, were caused by electricity. Home Office fire data shows a consistently high level of accidental electrical fires in high-rise buildings with 10 or more flats. Campaign groups such as Electrical Safety First have been at pains to stress that those buildings were mixed-tenure buildings containing an assortment of owner-occupier leasehold and social rented units and that there is therefore a case, given that the fire safety of a building depends on the safety of all the units within it, for ensuring parity in electrical safety standards across all tenures in high-rise residential blocks.
The Government’s own consultation on this issue noted that the National Federation of ALMOs supported introducing electrical safety requirements for owner-occupiers in mixed-tenure blocks and highlighted that properties being considered by authorities for London’s right to buy-back programme often have electrical installations that are
“in a state of significant disrepair.”
Given that we know that many high-rise social housing blocks contain owner-occupied flats owned on a leasehold basis, it surely cannot be right that a leaseholder living next door to a social renter will not have their electrical installations mandated to be checked every five years. To put it another way, what good is having the electrical installations of two thirds of a building checked every five years if the other third is not? The risk of a potentially life-threatening fire obviously does not discriminate by tenure.
Matthew Pennycook
I thank the hon. Gentleman for that point—it is a point well made. I do not have a comprehensive answer to hand. There are provisions in this clause that apply to mandatory electrical safety checks for social rented properties. There are similar requirements in place for the private rented sector. My instinct is that it would seem obvious that those could be applied to the owner-occupier sector in a way that the provisions in the clause perhaps could not be. Whatever way we cut it, what we want to see are mandatory checks on all electrical installations in all units in high-rise buildings, because, as I said, fire does not discriminate between tenure. I hope the Minister will take the points away for further consideration.
Dehenna Davison
The shadow Minister is right to highlight the consultation, which concluded in August. It included a call for evidence seeking views on whether leasehold properties in mixed tenure social housing blocks should have mandatory five-year checks. My hon. Friend the Member for Harrow East was right to say that we need to get this mechanism right to ensure that people living in mixed-use blocks are protected. I am grateful to the shadow Minister for his pragmatism on this point. We are still assessing the responses to the consultation, so it is a bit too early to say what the outcome will be and we do not wish to pre-empt it. However, we will announce further details as the work progresses, and I will endeavour to keep the shadow Minister informed.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Clauses 12 and 13 ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 14 ordered to stand part of the Bill.
Schedule 2 agreed to.
Clauses 15 to 20 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.—(Julie Marson.)
Social Housing and Regulation Bill [ LORDS ] (Second sitting)
Dehenna Davison ExcerptsTuesday 29th November 2022
(1 year, 12 months ago)
Public Bill CommitteesRead Full debate Social Housing (Regulation) Act 2023 View all Social Housing (Regulation) Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 29 November 2022 - (29 Nov 2022)
The Chair
With this it will be convenient to discuss new clause 4—Persons engaged in the management of social housing to have relevant professional qualifications—
“After section 217 of the Housing and Regeneration Act 2008 (accreditation) insert—
‘217A Professional qualifications and other requirements
(1) The Secretary of State may, by regulations, provide that a person may not engage in the management of social housing or in specified work in relation to the provision of social housing unless he or she—
(a) has appropriate professional qualifications, or
(b) satisfies specified requirements.
(2) Regulations specifying work for the purpose of subsection (1) may make provision by reference to—
(a) one or more specified activities, or
(b) the circumstances in which activities are carried out.
(3) Regulations made under this section may, in particular, require—
(a) the possession of a specified qualification or experience of a specified kind,
(b) participation in or completion of a specified programme or course of training, or
(c) compliance with a specified condition.
(4) Regulations may make provision for any of the following matters—
(a) the establishment and continuance of a regulatory body;
(b) the keeping of a register of qualified social housing practitioners;
(c) requirements relating to education and training before and after qualification;
(d) standards of conduct and performance;
(e) discipline and fitness to practise;
(f) removal or suspension from registration or the imposition of conditions on registration;
(g) investigation and enforcement by or on behalf of the regulatory body, and appeals against the decisions or actions of the regulatory body.”’
This new clause would require managers of social housing to have appropriate qualifications and expertise.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
As I said on Second Reading, the Government are fully committed to driving up housing management standards by improving the professional behaviours, skills and capabilities of all staff in the sector. The Grenfell tragedy and our subsequent social housing Green Paper consultation highlighted the fact that many staff did not listen to or treat residents with respect, provide a high-quality service or deal appropriately with complaints. The circumstances surrounding the death of Awaab Ishak have once again shown the tragic consequences that can occur when staff lack empathy and when tenants are not listened to. That is why clause 21 makes provision to enable the Secretary of State to direct the regulator of social housing to set standards for the competence and conduct of social housing staff. Registered providers will be required to comply with specified rules concerning the knowledge, skills and experience of social housing staff. They will also be required to comply with specified rules concerning the conduct expected of such individuals when dealing with tenants. Those factors are crucial in determining the quality of services provided to tenants.
Our approach offers a holistic solution to the issue of professionalisation. It champions the value of skills, knowledge and experience, and maintains landlords’ flexibility in choosing the most appropriate training programmes and qualifications to equip their workforces. The standards set under this clause will ensure that social housing staff develop the core skillsets and behaviours required to treat tenants with the empathy and respect that they deserve. They will also empower staff to take appropriate action to support tenants.
New clause 4, tabled by the shadow Minister, takes a different approach to achieving professionalisation. It gives the Secretary of State the power to stipulate, through regulations, that a person
“may not engage in the management of social housing or in specified work in relation to the provision of social housing unless he or she—
(a) has appropriate professional qualifications, or
(b) satisfies specified requirements.”
As both myself and the Secretary of State set out on Second Reading, there is a real risk that mandating qualifications for all housing management staff would lead to the reclassification of housing associations to the public sector. The sector is close to the threshold for reclassification, and we saw that happen in 2015. Since then, a number of deregulatory measures have had to be taken before housing associations could be reclassified back to the private sector.
To make this point very clear, reclassification would bring around £90 billion of debt and all housing association annual spending on to the public ledger, and would likely reduce the ability of housing associations to improve the quality of their stock and build new homes. We have to be mindful of that risk and that outcome, which could be harmful to tenants.
However, we have listened carefully to the arguments made both in this House and the other place in support of mandatory qualifications. As I committed to do on Second Reading, I met with my right hon. Friend the Member for Maidenhead (Mrs May) to discuss this issue before the Bill reached Committee stage. We are continuing to look at whether there is any scope to include qualifications requirements in the competence and conduct standards without triggering reclassification. If we can identify a solution, then we will be able to bring that forward on Report.
We continue to believe that the existing provisions in the Bill, which will enable us to direct the regulator to set standards for the competence and conduct of all staff, will be an effective means of professionalising the sector. Our approach has been informed by the findings of our professionalisation review, which we will publish in full early next year. There is no doubt that housing management qualifications are an important aspect of professional development for some staff. Our review heard no clear evidence that such qualifications in and of themselves lead to better staff behaviours or improved tenant experiences. Qualifications such as those offered by the Chartered Institute of Housing will be an important part of how landlords ensure their staff have the skills, knowledge, experience and behaviours they need to deliver professional services, as required by the competence and conduct standards. Qualifications will sit alongside external and in-house training and more informal developmental tools such as staff supervision, mentoring and reflective practice.
Our review findings echoed what we heard after the Grenfell tragedy and more recently in relation to the death of Awaab Ishak—that what tenants most want and need is for all of the staff they deal with, whether housing managers, officers, or contact centre staff, to treat them with respect and empathy, to listen carefully and take appropriate and timely actions in response to their issues and concerns. We heard that these behaviours, and the interpersonal skills and attitudes that underlie them, are more likely to be achieved through a combination of organisational culture change led by senior executives and boards, adoption of codes of ethics and values, delivery of bespoke on-the-job training and effective supervision by experienced staff, than they are necessarily by formal qualifications.
The review also highlighted how important flexibility is in designing staff development programmes, given the sector’s diverse structures, operating models, role types, and breadth of service provision. Mandating qualifications for all housing management staff could hinder landlords in delivering the right mix of qualifications, training and development for their staff. Through the review we also heard that mandating qualifications for all staff would likely add to the recruitment and retention challenges faced by many landlords. Recruiting staff who have the right attitudes and aptitudes is more important to building a caring and empathetic workforce than employing people who possess formal qualifications. So we are concerned about the recruitment issues in that regard.
The standards that we are bringing forward will drive a holistic and organisation-wide approach to professional development, and deliver the empathetic, forward-looking and professional housing services the sector deserves, with staff who treat tenants with respect and act swiftly to remedy issues.
Dehenna Davison
Two to choose from—I give way to my hon. Friend the Member for Harrow, East.
Bob Blackman
The clause refers to the standards and competence that we expect to be achieved in this sector, and the amendment goes further and expands on them. However, it is silent on sanctions when they are not achieved. It is all very well having qualified people, but, if they do not perform properly, sanctions have to be available and directions by the Secretary of State should be possible. I wonder whether my hon. Friend will look at how we might strengthen the position when we get to Report stage.
Dehenna Davison
I am grateful to my hon. Friend. I will respond to him and then perhaps I will have answered the question that my hon. Friend the Member for Walsall North wanted to ask. It is right that the regulator must have the right powers in place to deal with breaches of its standards. With regard to competence and conduct, the Bill enables the regulator to require providers to produce and implement a performance improvement plan to be approved by the regulator. If a provider fails to implement a plan, the regulator can issue an enforcement notice and levy an unlimited fine if that notice is not complied with. So the regulator will have teeth to ensure the kind of conduct that we expect. I hope that that answers the question from one hon. Friend.
Eddie Hughes
Anyone who has listened to the Grenfell Tower inquiry—especially the podcast, which provides a great summary of the challenges that were faced—will know that a number of tenants encountered members of staff who simply were not appropriately qualified to carry out their role. As a result, the tenants did not get the experience, support and help that they so rightly deserved. So, while I fully appreciate that it is appropriate to recruit for aptitude—this is a vocational area for many—it is incredibly appropriate to make sure that staff are trained for their role.
Dehenna Davison
I am grateful to my hon. Friend. His expertise on this matter is welcome to all of us, and I thank him for all the work that he did as Minister on this really important body of work. He is right. That is why we have taken this away and are looking at what more we can do around professional qualifications, without that risk of reclassification. I hope that, following Committee stage, I will be able to report on what progress we have made before we reach Report stage.
It is important that we get this process right. We will continue the dialogue that we have already started with key stakeholders such as Grenfell United, Shelter and the CIH before we issue a statutory consultation on the direction itself. The regulator will then also consult on its draft standard before it comes into force. This Committee can be assured of our intent to take on board fully the views of both tenants and providers in developing the way forward. I have already spoken a little about compliance and sanctions if standards are not complied with, so I will leave that point there.
To summarise, the Government’s ambition is to build an empathetic, qualified and skilled social housing workforce. We want to bring about a wholesale organisational and cultural change, which we all recognise is desperately needed. We remain firm in our belief that our approach and the clause will deliver the professionalisation of the social housing sector, but we will of course continue to explore options for qualification requirements that would not trigger reclassification and would deliver the right outcomes for tenants. I commend the clause to the Committee and, on the basis of what I have outlined, I ask the shadow Minister not to move his new clause.
Matthew Pennycook
I do not want to engage the hon. Member in a prolonged discussion about “may” and “must”—we had enough of that with his private Member’s Bill. We are open to a discussion about how to proceed, but what we need at this stage is a commitment from the Minister that the Government are going to move on objective professional qualifications and training, rather than leaving the Bill as is. If that requires regulations to be moved in due course, we would be open to that, but let us see what the Government bring back on Report.
We will press our new clause to a vote at the appropriate moment to underscore how strongly we feel that this is one of the areas on which the Government must move by Report stage, to ensure that the legislation is as robust as it can possibly be.
Dehenna Davison
I will keep this brief. I am grateful to the shadow Minister for outlining his concerns, which were mentioned on Second Reading. The commitment I can give is that we are seriously looking at the issue and seeing how far we can go without that risk of reclassification. I appreciate his reasoning behind wanting to push the new clause to a vote; I hope in the meantime that he will be inclined to change his mind before we get to that point.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22
Standards relating to information and transparency
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss new clause 9—Application of Freedom of Information Act 2000 to registered providers—
“(1) Within six months of this Act receiving Royal Assent, the Secretary of State must by order designate registered providers of social housing as public authorities for the purposes of the Freedom of Information Act 2000.”
This new clause would bring registered providers of social housing within the scope of the Freedom of Information Act 2000.
Dehenna Davison
It is essential that social housing tenants should be able to access relevant information about their landlords and their homes. Greater transparency will empower tenants and drive providers to improve service delivery. Clause 22 extends the standard-setting powers of the Regulator of Social Housing to cover information and transparency. The clause will enable the regulator to deliver key social housing White Paper commitments, including setting standards relating to the new access to information scheme. We also expect information and transparency standards to include requirements for registered providers to share information on how landlords spend their income, executive pay and breaches of the standards.
When a provider is failing to meet these standards, the clause ensures that the regulator can take strong enforcement steps, including penalties, compensation and requiring changes in the management of the provider. Extending the regulator’s power to set regulatory standards to include standards on information and transparency will empower tenants to hold their landlord to account and strengthen overall consumer regulation.
New clause 9 seeks to require the Secretary of State to extend the Freedom of Information Act 2000 to registered providers of social housing, via statutory instrument, within six months of Royal Assent. I do not believe the amendment is necessary or advisable. The Government have worked closely with stakeholders to agree plans to deliver the access to information scheme for tenants of housing associations and other private registered providers, as promised in the social housing White Paper.
The new scheme will enable tenants of private registered providers and their representatives to request information from their landlords in a way similar to that available under the 2000 Act. It will also impose similar obligations on private registered providers. Tenants of private registered providers will be able to request information from their landlord on anything relating to the management of their homes. The new scheme will be integrated into the regulatory environment, tailored to the needs of tenants, and enforced as part of the regulator’s consumer standards.
If a tenant is unhappy with how a landlord has dealt with their request for information, they will be able to take their complaint to the housing ombudsman. The process will be the same as for other complaints, ensuring ease of use and accessibility for tenants. The ombudsman also has a strong understanding of the social tenant and landlord relationship, and an established relationship with the Regulator of Social Housing. Additionally, local authority providers, which would fall under the new clause, are already subject to the Freedom of Information Act 2000 as public bodies.
Finally, extending freedom of information to registered providers would increase the level of Government control exercised over the sector. We are back to the potential argument around reclassification, which we are keen to avoid. The access to information scheme that we have laid out does not carry the same reclassification risk. On that basis, although I commend the excellent clause, I ask the hon. Member for Greenwich and Woolwich to consider not pressing his new clause to a vote.
Matthew Pennycook
At the outset, I should thank the Greater Manchester Law Centre for its support in drafting the new clause, the purpose of which is to probe the Government’s rationale for not using the Bill to bring registered providers of social housing within the scope of the Freedom of Information Act—other than local authorities, which, as the Minister rightly said, are already subject to it—and to press the Government to reconsider.
As the Minister is no doubt aware, this matter has been a perennial cause of concern. In 2011, the coalition Government announced that they would consult housing associations on bringing them within the scope of the Act; however, no further action was taken—almost certainly as a result of housing associations objecting. The issue resurfaced in the wake of the Grenfell Tower fire as a result of the Information Commissioner’s Office reporting to Parliament that it had experienced difficulties in accessing information relating to social housing and to the Kensington and Chelsea Tenant Management Organisation because the information was not covered by the Freedom of Information Act. The Information Commissioner at the time, Elizabeth Denham, made it clear that
“housing Associations are currently not subject to Freedom of Information Act because the Act does not designate them as public bodies. It is clear to me that this is a significant gap in the public’s right to know”.
We believe that she was right to highlight that gap, which remains to this day.
It is not simply that the public do not enjoy rights that they have never had; in the cases of housing associations that have had local authority stock transferred to their management, tenants and the public have lost freedom of information rights that they previously enjoyed when those homes were under local authority control. As I expected, the Minister has made the case that the issues are addressed by the provisions in clause 22 relating to information and transparency; however, those provisions are limited both in scope and specificity in terms of who may request the disclosure of information—it would appear that only tenants themselves have access to it, while journalists and others would not—and how the scheme will operate in practice.
Matthew Pennycook
Before we suspended, the hon. Member for Walsall North pressed me on what he felt was an inaccuracy in my statement that journalists were not covered by the provisions. The Division has given me a chance to look at both the Bill and the explanatory notes. Unless he can find one, I see no mention of tenants or their representatives in the Bill. The provision in question, on page 18 of the Bill, merely states:
“the provision of information to their tenants of social housing”.
If it is the case that tenant representatives, including a broad definition of what that entails—including journalists—can access the information in question, that would be welcome.
However, not only is clause 22 limited to tenants themselves, but it provides no guarantees that an information and transparency scheme will be established. All it specifies is that the regulator “may set standards” for RPs in relation to those matters.
Although we can debate the efficacy of clause 22 in terms of whether the regulator’s ability to set standards relating to the provision of information and transparency will significantly increase RP accountability, it is clear that the clause does not provide for anything akin to that facilitated by the freedom of information regime. As the Information Commissioner’s Office put it, on welcoming the commitment to provide some information to tenants, the scope of the proposed access to information scheme
“appears narrower than FOI in a number of significant ways”.
The arguments against bringing housing associations within the Bill’s scope have been that it would inevitably result in reclassification by the Office for National Statistics and that RPs would be overwhelmed with FOI requests. However, the Scottish Government’s decision to extend coverage of Scotland’s freedom of information legislation to registered social landlords there, following a 2017 consultation—despite opposition from a majority of the housing associations affected—appears to undermine both those counter-arguments. A 2021 report by the Scottish Information Commissioner following the changes made there found that social landlords had responded well to being covered by the legislation, with a significant majority of organisations surveyed making it clear that they were responding effectively, were publishing more information as a result of FOI and were not overwhelmed with requests, with 57% reporting a small impact on staff workload. Importantly, despite being subject to the Freedom of Information Act, Scottish providers remain classified as private non-financial corporations by the ONS.
There are numerous examples from across the country of RPs either ignoring or refusing outright to respond to reasonable requests from tenants for information on a range of issues, including fire safety and health hazards, on the basis that they are not covered by the Freedom of Information Act. I note what the Minister said about tenants’ ability to take such concerns to the housing ombudsman, but we have already discussed what a lengthy and time-consuming process that is. Given that local authority RPs are already covered by FOI, we cannot understand why non-local authority RPs are not brought within the scope of that Act. Given that one of the central aims of the White Paper and the Bill is to engender a culture of transparency and accountability among RPs and that clause 22 is far narrower in scope than FOI, we believe it would be beneficial to the public if housing associations that are not publicly owned are brought within the scope of the 2000 Act. The UK Information Commissioner’s Office agrees, stating as recently as January 2022:
“The ICO believes that housing associations that provide social housing should be covered by the Freedom of Information Act 2000 in the same way as housing provided by local authorities. We believe access to information laws should remain relevant and appropriate to how public services are delivered.”
I hope that the Minister has listened carefully to the arguments about the new clause, in particular the Scottish experience, and I look forward to her response. I will not press the new clause to a Division at this stage. Depending on her reply, we may return to it on Report.
Dehenna Davison
I am grateful to the shadow Minister for outlining his case so coherently. I go back to points that I made earlier. On the point about tenant representatives, it is certainly the intent that they will be able to make those requests on behalf of tenants. In some cases, that could include journalists—the hon. Member specifically commented on them. I hope that provides some assurance about intent. I am grateful to the hon. Member for not pressing the new clause to a Division for now.
Question put and agreed to.
Clause 22 accordingly ordered to stand part of the Bill.
Clause 23 ordered to stand part of the Bill.
Clause 24
Standards relating to energy demand
The Chair
The Government indicated an intention to vote against the Question that the clause stand part of the Bill by tabling an amendment to leave out the clause.
Matthew Pennycook
The proposed tenant satisfaction measures scheme, as outlined in the social housing White Paper and underpinned by the provisions in the clause, has the potential to be an extremely useful tool for tenants, both in gaining a better understanding of their landlords’ performance and in providing feedback that can assist in driving up standards. We support it.
Given the diversity of providers across the social housing sector, however, a sufficient degree of standardisation of the collecting, processing and presenting of the information relating to the new tenant satisfaction measures is crucial. If steps are not taken to ensure a prescribed collection method for obtaining the information in question so that, when published, it allows for rigorous like-for-like comparison, the obvious risk is that the TSM scheme will struggle to facilitate an accurate and fair comparison of performance between RPs, and its use as a means of informing regulation will be compromised. The regulator itself has acknowledged the potential limitations of the scheme, owing to the variation in methods of data collection and sampling across different organisations.
The question, therefore, is what might be done to address those potential pitfalls to ensure that the TSM scheme works as effectively as it can. I will be grateful if the Minister could give us a sense of how the Government believe that a degree of standardisation might be imposed upon the TSM process to facilitate an accurate and fair comparison of performance between providers. Also, she might ask her officials to consider whether it would be appropriate for the Government to commit to asking the regulator to review the method of collecting, processing and presenting the information in question within a certain timeframe, following any directions issued under proposed new section 198C coming into effect.
Dehenna Davison
I will write to the shadow Minister following our sitting to give him further clarity about the clause.
Question put and agreed to.
Clause 27 accordingly ordered to stand part of the Bill.
Clause 28
Surveys
Dehenna Davison
I beg to move amendment 4, in clause 28, page 22, leave out lines 3 to 8 and insert—
“(8) Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
(b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.”
This adjusts the power to leave equipment etc on premises so that it can only be left in a place that significantly impairs the ability of occupiers to use the premises if there is no other place on the premises it can be left which doesn’t impair such use.
The Chair
With this it will be convenient to discuss the following:
Government amendments 5 to 11.
Clause stand part.
Dehenna Davison
The regulator has an existing power to arrange for a survey of a premises where it suspects that a landlord may be failing to maintain the premises in accordance with its standards. The clause takes steps to ensure that those important surveys can take place more promptly by reducing the notice period required from 28 days for landlords and seven days for tenants to 48 hours for both parties. These are minimum requirements, and in the majority of cases the regulator would seek to give more than the minimum notice period, but the changes ensure that the regulator can act quickly in the most serious cases.
The clause also includes a power for the regulator to seek a warrant for entry when necessary, meaning that surveys can take place when required to ensure that the regulator can identify problems and take appropriate action. In the most serious cases, following a survey the regulator will be able to arrange for emergency remedial action to take place, as set out under clause 31, to address an imminent risk to the health and safety of tenants if the provider fails to take action required by the regulator.
Committee members may be aware that we have stipulated in the Bill that equipment or materials can be left on the premises only if it is necessary for the survey or emergency remedial action to go ahead, or otherwise if that does not significantly impair an occupier when using the premises.
Government amendments 4 to 11 are common-sense amendments designed to ensure that regulatory activities do not unnecessarily obstruct or inconvenience residents of social housing. Our changes are slight and intend to strengthen the Bill’s provisions to the benefit of tenants. They require that even if it is necessary to leave equipment or materials on the premises for surveys or emergency remedial action, they must not be left in a way that causes significant inconvenience to occupiers if they can be left in another place where this inconvenience does not occur. This means that thought must be given to minimising the impact of a survey or works on occupiers, including the impact on a tenant’s use of the common parts.
Those small, technical changes are intended to ensure that a survey or emergency remedial action can be conducted, but in such a way that is mindful of the impact on tenants and courteous to them. I commend the amendments to the Committee.
Amendment 4 agreed to.
Amendments made: 5, in clause 28, page 22, line 8, at end insert—
“(9) Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
(10) In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.”
Where a survey is carried out on premises which include common parts of a building this amendment requires the effect on the ability of occupiers to use their dwellings and the common parts to be considered in determining whether equipment or materials can be left on the premises while the survey is carried out.
Amendment 6, in clause 28, page 22, leave out lines 31 to 36 and insert—
“(5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the survey has been carried out provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
(b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.”
This adjusts the power to leave equipment etc on premises so that it can only be left in a place that significantly impairs the ability of occupiers to use the premises if there is no other place on the premises it can be left which doesn’t impair such use.
Amendment 7, in clause 28, page 22, line 36, at end insert—
“(5A) Where the premises include common parts of a building (as defined in section 199A), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.”—(Dehenna Davison.)
Where a survey is carried out on premises which include common parts of a building this amendment requires the effect on the ability of occupiers to use their dwellings and the common parts to be considered in determining whether equipment or materials can be left on the premises while the survey is carried out.
Clause 28, as amended, ordered to stand part of the Bill.
Clause 29
Inspection plan
Matthew Pennycook
I beg to move amendment 16, in clause 29, page 23, line 36, leave out lines 36 to 39 and insert—
“(a) the inspection of every registered provider within four years of the commencement of this Act,
(b) the inspection of every registered provider at intervals of no longer than four years thereafter, and”.
This amendment would ensure that the regulator is required to carry out regular inspections of every registered provider.
Matthew Pennycook
We strongly support the introduction of routine inspections of social landlords. We therefore welcome clause 29. I would like to take the opportunity once again to commend the efforts of Lord Best in the other place and the perseverance of Grenfell United, which ensured that the Bill was strengthened.
Routine inspections of social housing landlords must be central to the new consumer regulatory regime introduced by the Bill if tenants are to have confidence that landlords will be monitored appropriately and deterred from risking breaches that could undermine health and wellbeing. The welcome removal of the serious detriment test in its entirety through the provisions in clause 26 legally allows the regulator to adopt a proactive approach to monitoring and enforcing consumer standards.
In our view, such an approach should be premised on inspections that are at short notice, rigorous, thorough and that include direct engagement with tenants who can highlight issues of concern, thereby helping the regulator determine whether a given provider is meeting the enhanced consumer standards introduced by the Bill.
Clause 29 amends section 201 of the Housing and Regeneration Act 2008, adding a new section 201A to require the regulator to make, and take appropriate steps to implement, a plan for carrying out inspections. The plan must be published, kept under review, and revised or replaced where appropriate. However, the nature of the plan and issues such as the types of RPs that should be subject to regular inspections, the frequency of those inspections, and the circumstances in which RPs should be subject to ad hoc inspections are not prescribed on the face of the Bill, instead being left to the regulator to determine in due course.
While we recognise the need for the regulator to have a significant degree of discretion when it comes to formulating the inspections plan, we believe that the Bill should be more prescriptive in two important respects. First, we believe it is essential that the Bill make clear that all RPs, large or small, will be subject to inspections by the regulator. Secondly, we believe it is essential that the Bill ensures that each RP will be subject to routine inspections.
Amendment 16 seeks to achieve both those objectives by specifying which landlords will be inspected and the maximum duration of time between each inspection they are subject to. It does so by replacing proposed new section 201A(1)(a) and (b) of the Housing and Regeneration Act 2008, as inserted by clause 29—for those following in the Bill, that is lines 36 to 39 on page 23—with a requirement that every RP must be inspected within four years of the commencement of the Act and then inspected at intervals of no longer than four years thereafter.
We believe it is entirely reasonable to detail in the Bill the minimum expectations for the regulator’s inspections plan. The policy paper published alongside the Bill in June made clear that it would enable Ofsted-style inspections of social housing providers by the regulator. The Education Act 2005 that introduced those inspections specified that every school in England would be subject to them and that they would be inspected on a routine basis at least once every three years. Amendment 16 takes that arrangement and applies it to RPs, subject to the enhanced consumer standards introduced by the Bill.
The amendment deliberately does not specify the precise frequency of inspections, merely requiring that they take place at least once every four years—the timeframe proposed by the Government in their 2020 White Paper in relation to the largest landlords. In doing so, the amendment would allow the regulator to determine the precise frequency and nature of individual inspections based on the size of the landlord and its risk profile as determined by means of desktop review.
We believe amendment 16 would preserve the regulator’s operational independence and flexibility when it comes to formulating and implementing the inspections plan now required by clause 29, while strengthening the clause to ensure that key minimum expectations are specified and that tenants can have real confidence in the new inspections regime as a result. I hope the Minister will consider accepting it.
Dehenna Davison
Clause 29 commits the regulator to the delivery of regular inspections by providing it with a duty to publish, and take reasonable steps to implement, a plan for regular inspections. The clause will reinforce the regulator’s commitment to deliver the policy objective set by the social housing White Paper, while ensuring the regulator has the freedom to design the inspections regime following engagement with the sector.
As members of the Committee know, a key part of our efforts to drive consumer standards is the introduction of routine inspections by the regulator for the largest landlords. Inspections will help the regulator to hold landlords to account and intervene where necessary, ultimately driving up the quality of homes and services provided to tenants. That measure is integral to the success of the proactive consumer regime facilitated by the Bill.
However, I cannot accept amendment 16, which seeks to introduce a specific duty for the regulator to conduct inspections of all RPs every four years. As I have said, clause 29 puts the Government and the regulator’s shared commitment to inspections into legislation, through requiring the regulator to publish and take reasonable steps to implement an inspections plan. The clause also ensures that the regulator maintains a level of operational flexibility to allow it to respond on a risk basis to significant developments in the sector.
The regulator is committed to developing a robust approach to inspections, and continues to develop the details of how it will manage consumer inspections via a process of targeted engagement with the sector and social housing tenants. I do not feel that we should bind the regulator’s hands by putting into legislation detailed requirements about inspections that would pre-empt the work it is currently undertaking.
The system of inspections will be based on a risk profile to ensure that those landlords at greatest risk of failing, or where failure might have the greatest impact on tenants, are subject to greater oversight. As part of that provision, the regulator will aim to inspect landlords with more than 1,000 homes every four years. We will, of course, hold the regulator to account to deliver and implement its inspections plan, and the regulator continues to be accountable to Parliament for the delivery of its statutory objectives.
Bob Blackman
Clearly, the providers with the most complaints against them to the regulator will be placed most at risk. In my view, some could be subject to an annual inspection, while providers that are doing a really good job and do not warrant an inspection could be left, although, clearly, if there were complaints, the inspection could be brought forward. Is that my hon. Friend’s understanding of how this will work? Obviously, the regulator will have limited resources to ensure that standards are improved.
Dehenna Davison
Absolutely—this is all about driving up standards. The plan is that the regulator will aim to inspect landlords with over 1,000 homes at least every four years, and those at highest risk could be subject to more frequent inspections. As I say, the regulator is doing detailed work to see how best to implement the measure, and it is important that we let it get on with that work before putting anything into the Bill. On that basis, I hope that the shadow Minister will withdraw the amendment.
Siobhain McDonagh (Mitcham and Morden) (Lab)
I rise to support amendment 16 on the basis of 17 years’ experience of Ofsted. We know that unless a school knows that Ofsted is coming, problems begin. A substantial proportion of outstanding schools that were not inspected for five years have recently been graded as needing improvement. Organisations need to know that somebody is coming, and coming in a reasonable time.
I simply do not understand why we would oppose registered providers being inspected once every four years, or why we would choose to inspect large housing associations but not smaller ones. Are housing associations with 1,000 tenants or fewer not just as susceptible to poor standards, and are those residents not entitled to live under the same inspection regime?
If regulation just requires looking at the paperwork, things can be made to look brilliant. Who here has not been told by their housing provider that it does not have a problem because 80% of tenants say that its repairs system is fantastic? When we dig into the detail, we appreciate how few people respond to customer service requests and just how hard some of our constituents find it to complain or get themselves heard. We need a clear and strong inspection regime.
Siobhain McDonagh
I have been an MP for 25 years and a member of the Labour party for 42 years. I am really interested in political communication and getting people to respond. I have to tell the hon. Member that a substantial number of people will never respond, and it is often those who live in the most dire circumstances. If we are serious about improving standards, we need the most structured inspection system that we can afford—I appreciate that it is public money.
I do not deny that anything done in the Bill is a step forward and an improvement, but if we are going to spend public money on behalf of some of our most vulnerable constituents, we want to make it the best-spent money that we can. Let us get it right. We are not starting with a clean piece of paper; we are starting with 17 years of experience with Ofsted and years of experience with the Care Quality Commission. We know a great deal about how inspection regimes work.
Dehenna Davison
On the point about making sure we get the system right, the hon. Lady mentioned public funds, which is clearly a crucial issue. That is precisely why the regime is being designed so that those who are most at risk will be inspected more frequently. That includes not just larger landlords but smaller landlords where there is a clear indication of issues that have been found previously. Inspections can also be done on a more reactive basis. If a report goes to the regulator to suggest that there is a specific issue with a smaller landlord, the risk profile will be there and the landlord could be inspected much more frequently.
Siobhain McDonagh
I am glad that there will be reactive inspections. I am not suggesting that there should not be. What I am saying is that, along with reactive inspections, there should be a regular and rigid routine of inspections. That way, everybody knows that they will have an inspection once during a four-year period. That does not seem to me to be over-regulation, certainly given recent events in social housing stock.
Matthew Pennycook
We welcome the introduction of performance improvement plans as a sensible measure to drive up standards where registered providers are falling short. I would, however, like to raise a few issues in relation to how these plans will work in practice.
We note that the tenant is provided with a copy of the performance improvement plan, which is drawn up where a registered provider has failed to reach a statutory standard for properties under their responsibility, only if the tenant makes a written request for one. Given the strong case for ensuring that all affected tenants know how their landlord is performing and what decisions they are making, we question whether that is sufficient. We note that this matter was also explored during Committee stage in the other place.
In the material it supplied in relation to consideration of the Bill, the Chartered Institute of Housing argued:
“Consideration should be given as to how tenants will be alerted should any poor performance lead to the regulator requiring a performance improvement plan”.
The Local Government Association has also put on record its desire to see the publication of guidance on the regulator’s requirements and timescales for preparing and implementing performance improvement plans.
In the light of these points, I hope the Minister could clarify, either today or in writing—I am happy to take another letter from her—the operation of the provisions in this clause in relation to the following. First, how will tenants be notified if the poor performance of their registered provider leads to the regulator initiating the process of preparing an improvement plan? Will tenants, for example, have the chance to input their views about the problems identified and the measures specified for improvement in these plans?
Secondly, what is the rationale for specifying that tenants can only request a copy of the plan if they require one, rather than being provided with the plan as a matter of course along with any information about what it is, why it came about and what changes they can expect to see as a result—an arrangement that strikes us as more in keeping with the aims outlined in the Government White Paper? Thirdly, is the Minister able to tell us when the guidance on the regulator’s requirements and timescales for preparing and implementing performance improvement plans will be published? Lastly, does the Minister expect that performance improvement plans will be used as a first resort to give underperforming landlords the chance to improve before the regulator considers more punitive measures?
Dehenna Davison
I am grateful to the shadow Minister for his questions. I will follow up in writing and provide some more clarity. Where there is a performance improvement plan in place, the provider is required to publish that, so it will be freely available to tenants and, indeed, to members of the public.
Question put and agreed to.
Clause 30 accordingly ordered to stand part of the Bill.
Clause 31
Emergency remedial action
Matthew Pennycook
I beg to move amendment 17, in clause 31, page 27, line 28, leave out “may” and insert “must”.
This amendment would ensure that emergency remedial action takes place on every occasion where the conditions in subsections (2) to (4) of section 225B inserted by clause 31, are met rather than being discretionary.
Dehenna Davison
It is the responsibility of every registered provider of social housing to ensure that they provide safe and decent housing to their tenants. That means maintaining properties in accordance with the Regulator of Social Housing’s standards and addressing problems issues quickly where problems are identified.
Where a provider cannot or will not address issues that risk the health and safety of tenants, it is essential that the regulator can act. The clause therefore allows the regulator to authorise persons to enter a property and conduct emergency remedial works in cases where failings risk causing serious harm to tenants. For the regulator to do so, it must first conduct a survey of the premises, be satisfied that the provider has failed to maintain the premises in accordance with relevant standards and that the failure poses a serious health and safety risk, and give an enforcement notice requiring those failures to be addressed. If those grounds are met, the regulator may step in and take emergency remedial action. The amendment moved by the shadow Minister would mean that the regulator must take emergency remedial action when the relevant grounds are met.
I have made it clear several times that nothing is more important to the Government than keeping people safe in their homes. Sadly, however, I cannot accept the amendment, because we feel it is essential that the regulator retains the independence and flexibility to determine where it is appropriate to use the power set out in the clause. That reflects regulatory best practice, whereby the regulator has the operational independence to regulate the sector effectively by deciding which of its enforcement powers to use in any given case.
Matthew Pennycook
If a provider has failed all the tests in the clause, what other powers might the regulator use if it did not feel that emergency remedial action was necessary? What other things might it do to address a series of failings that triggered its ability to act along the lines we have discussed?
Dehenna Davison
We have talked, for example, about enforcement notices and possible fines, which are clearly measures available to the regulator. One of the things that we are concerned about at this stage—this has been drawn out at various points today—is binding the hands of the regulator. We do not want to commit it to one course of action.
Maggie Throup (Erewash) (Con)
Does the Minister agree that we are providing the framework for the regulator? As politicians, we should not be telling it how to do its job. If we make the regulations and powers strong enough and give the regulator teeth, whether the word is “may” or “must” becomes irrelevant, because it will take action anyway.
Dehenna Davison
My hon. Friend makes the point extremely well and much more strongly than I did. She is absolutely right. We are setting out the framework of what the regulator can use and will have access to. It will have a full suite of powers available to ensure that it is looking out for tenants and that they are in the best possible housing.
To summarise, we do not wish to bind the hands of the regulator too stringently. We want to give it a suite of powers and the operational independence to choose which powers to use. On that basis, I ask the hon. Member for Greenwich and Woolwich to consider withdrawing his amendment.
Matthew Pennycook
I appreciate the Minister’s concern about binding the regulator too rigidly. I push back slightly against the point made by the hon. Member for Erewash: I think it is wrong to say—the experience of recent years shows this—that just because we give a regulator a power, it necessarily uses it, and certainly not in a proactive way. At this stage, however, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendments made: 8, in clause 31, page 29, line 41, leave out from beginning to end of line 6 on page 30 and insert—
“(5) Equipment or materials taken onto premises by virtue of subsection (4)(b) may be left in a place on the premises until the emergency remedial action has been taken provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
(b) leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.”
This adjusts the power to leave equipment etc on premises so that it can only be left in a place that significantly impairs the ability of occupiers to use the premises if there is no other place on the premises it can be left which doesn’t impair such use.
Amendment 9, in clause 31, page 30, line 6, at end insert—
“(6) Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.”
Where emergency remedial action is taken on premises which include common parts of a building this amendment requires the effect on the ability of occupiers to use their dwellings and the common parts to be considered in determining whether equipment or materials can be left on the premises while the work is carried out.
Amendment 10, in clause 31, page 30, leave out lines 29 to 36 and insert—
“(5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the emergency remedial action has been taken provided that—
(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
(b) leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.”
This adjusts the power to leave equipment etc on premises so that it can only be left in a place that significantly impairs the ability of occupiers to use the premises if there is no other place on the premises it can be left which doesn’t impair such use.
Amendment 11, in clause 31, page 30, line 36, at end insert—
“(5A) Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.”—(Dehenna Davison.)
Where emergency remedial action is taken on premises which include common parts of a building this amendment requires the effect on the ability of occupiers to use their dwellings and the common parts to be considered in determining whether equipment or materials can be left on the premises while the work is carried out.
Clause 31, as amended, ordered to stand part of the Bill.
Clauses 32 to 35 ordered to stand part of the Bill.
Schedule 3 agreed to.
Clauses 36 to 38 ordered to stand part of the Bill.
Schedule 4 agreed to.
Clauses 39 and 40 ordered to stand part of the Bill.
Schedule 5 agreed to.
Clauses 41 to 43 ordered to stand part of the Bill.
Clause 44
Short title
Amendment made: 12, in clause 44, page 37, line 10, leave out subsection (2).—(Dehenna Davison.)
This amendment removes the privilege amendment inserted by the Lords.
Clause 44, as amended, ordered to stand part of the Bill.
New Clause 1
Regulator duty to ensure continuity of secure tenancy in cases of threat to safety
“(1) The Housing and Regeneration Act 2008 is amended as follows.
(2) After section 92K insert—
‘92KA Duty to ensure continuity of secure tenancy in cases of threat to safety
(1) This section applies where—
(a) a registered provider of social housing has granted a secure tenancy of a dwelling-house in England to a person (whether as the sole tenant or a joint tenant), and
(b) the registered provider is satisfied that there is a threat to the personal safety of that person or of a member of that person’s household which means there is a risk to their personal safety unless they move.
(2) When subsection (1) applies, the regulator must ensure that the registered provider grants the tenant a new secure tenancy which is–
(a) on terms at least equivalent to the existing tenancy; and
(b) in a dwelling where the threat to the tenant’s personal safety does not apply.
(3) In this section, a “threat to personal safety” means any threat of violence, including in circumstances of—
(a) domestic abuse where the perpetrator does not live at the same address as the victim;
(b) an escalating neighbour dispute;
(c) a threat of targeted youth or gang violence.
(4) In assessing the threat under subsection (1)(b), the registered provider must act in accordance with any relevant police advice provided to–
(a) the registered provider,
(b) the tenant, or
(c) any member of the tenant’s household.
(5) In the event that a registered provider is unable to ensure the provision of an appropriate new secure tenancy pursuant to subsection (2), the regulator must ensure that the registered provider concerned co-operates with other registered providers to ensure an appropriate new secure tenancy is provided in a timely manner.’”—(Helen Hayes.)
This new clause would require the regulator to ensure that tenants whose safety is threatened are granted alternative accommodation by their housing provider on equivalent terms to their existing tenancy. It also requires the regulator to ensure that a provider which is unable to provide appropriate alternative accommodation co-operates with other providers to do so.
Brought up, and read the First time.
Matthew Pennycook
I rise briefly to support my hon. Friend’s new clause, Georgia’s law. She made an extremely powerful case for it. I believe that it is sensible and proportionate, and will have a significant impact. I am sure that many hon. Members present have dealt with the kind of cases that she outlined—I certainly have. We are talking about a small but significant minority of tenants in England, but they find themselves, as the hon. Member for Harrow East said, in the exceptional circumstances of a police referral. All the new clause asks for is the protection of their tenancy rights, which should not be lost when they are forced to move, and greater co-operation between registered providers.
It is no surprise that the new clause is supported by organisations such as the NHF and Shelter. I think this is a very strong new clause, and I very much hope that the Government are minded to act on this issue, if not today then on Report. It is a crucial provision and will benefit the lives of many of our constituents.
Dehenna Davison
I am grateful to the hon. Member for Dulwich and West Norwood for tabling the new clause and for her engagement on the issue some weeks ago when we met to discuss it. I am grateful to her for raising the case of Georgia and her boys, and that of CJ. They are both horrendous cases, which give us all food for thought. I thank her for her words on the need to reduce violence more widely. That is something I am incredibly passionate about on a personal level too.
Before I begin, I want to clarify some technicalities. The new clause would provide protection where registered providers have granted their tenants secure tenancies. Secure tenancies are only granted by local authorities, so we will talk to the intention of the new clause, which is I believe around assured tenancies, as well as those in secure tenancies given by local authorities that are registered with the regulator.
We do not expect anyone who is threatened with violence to feel like they cannot move to safety for fear of losing their security of tenure. There are already a number of policies in place that seek to protect people at risk of violence who are in need of urgent rehousing. If a local authority grants a victim of domestic abuse, for example, a new tenancy for reasons connected with the abuse, it is required to give them a secure lifetime tenancy, rather than a tenancy with a fixed term.
Local authorities are also required to give people who need to move for their safety reasonable preference for social housing under section 166A(3) of the Housing Act 1996. Chapter 4 of the statutory guidance encourages local authorities to give additional preference or high priority to those fleeing violence, including intimidated witnesses, those escaping serious antisocial behaviour and people fleeing domestic violence.
By extension, those protections can be applied to private registered providers through duties to co-operate with their local authority in housing people with priority. Most private registered providers let 50% to 100% of their tenancies via nominations from their local authority. The current approach, which considers applicants for social housing on a case-by-case basis, and retains some flexibility, is the most appropriate means of determining whether a household should be granted a new tenancy.
The new clause would have the effect of requiring registered providers to relocate tenants and provide them with a new tenancy agreement. As we know, there are sadly many people with urgent housing needs who need to move immediately—for example, families who are living in conditions that pose a serious risk to their health. Going further than the existing protections by requiring registered providers to prioritise people fleeing violence above others would undermine some of the flexibilities given to housing providers to respond to the specific requirements of those in urgent need of social housing locally.
It is a fundamental right of the landlord to determine who they grant a tenancy to and who lives in their property. Retaining that right is key to registered providers being able to achieve their goal of creating safe and stable communities. It is therefore important to retain some flexibility for social landlords to decide their policy on allocations and who to house. That is integral to the effective functioning of the wider system.
Finally, as I am sure the hon. Member for Dulwich and West Norwood will be aware, we are taking steps to reform tenancy law to protect the security of tenure for social tenants. After section 21 is removed, all tenancies given by private registered providers will have greater security of tenure.
On that basis, I ask the hon. Lady to withdraw the new clause. I am very willing to work with her to see what more can be done in this area to prevent any more cases like that of Georgia and her boys emerging.
Dehenna Davison
As the shadow Minister rightly outlined, new clause 5 seeks to ensure representation of tenants and councillors on the board of registered providers. While I agree with the sentiment behind the amendment—that we must ensure that the voice of social housing tenants is heard loud and clear in matters that affect them—I am afraid I must disagree that it is the best approach to take.
Tenants speak from their lived experience, which can bring a different and valuable perspective to that of other board members. They should be listened to at all stages of decision making. However, we do not think that mandating the inclusion of a tenant board member is necessarily the best way to achieve that aim.
Eddie Hughes
I have some experience of this, having been a councillor representative on the board of Walsall Housing Group at a time when it was a prescribed position. I distinctly remember a couple of instances prior to my being on the board when the Conservative spot was decided by random voting or people having been coerced into filling it. That seemed completely inappropriate.
When I became chair of the board of that group, we took a different view—to adopt a skills-based approach, determining that some of the skills would be best met by those who had experience of being a tenant. It was not prescribed that we were saving places for tenants; it just became a natural order of business that they would have the appropriate skills and experience to fill some of the vacancies on the board. Speaking from personal experience, too prescriptive an approach can sometimes lead to unintended consequences: people filling a place just because they need somebody under a certain heading to fill it.
Dehenna Davison
I thank my hon. Friend for setting out his own experience. It is an area the Government are very concerned about, and it comes back to the Committee’s debate today about how prescriptive we should be in the Bill.
Some housing providers already have tenants on boards, and they have been effective in championing residents’ voices, but this is not the case for everyone. Tenant board members are required to put their legal duties as a board member before their role as the representative for residents, which can cause confusion and conflict. Other structures can be just as successful and involve a more diverse range of tenants in decision making. That can range from formal consultations, focus groups and local events to appointed board observers and membership of panels focused on scrutiny, procurement or complaints that feed in at all stages of the decision-making process. We want to retain a flexible approach that promotes tenant empowerment and engagement for all tenants without forcing the statutory duties of a board member on a single individual.
The Regulator of Social Housing already sets standards for the outcomes that landlords must achieve in respect of tenant engagement. It will review, consult and update them as part of the new consumer regulation regime. The regulator will also ask landlords to demonstrate how they engage with tenants and require them to report on tenant satisfaction measures, as part of their assessment and inspection of landlords in the new regime. That is important because for the first time it makes tenants’ experiences a measure by which housing providers will be judged and held to account by the regulator.
There will also be improved transparency measures for tenants to be able hold their landlord to account. They need to know how it is performing and what decisions it is making. That information needs to be easily available. Earlier today we touched on the access to information scheme that we will introduce. That will enable tenants of private registered providers to request information from their landlords.
In addition, we have made funding available for a residents’ opportunities and empowerment programme, which will provide training to residents across the country on how to engage effectively and hold landlords to account. I hope that I have provided enough reassurance for the shadow Minister to withdraw his new clause.
Matthew Pennycook
I thank the Minister for that useful response and the hon. Member for Walsall North for his contribution. The Minister touched on an interesting issue when exploring the details of the Bill before today. There is not only potential for confusion but potential conflict about the role of a board member, particularly in the case of an elected councillor.
I was interested to read when looking into the death of Awaab Ishak that two councillors were removed by the board of Rochdale Boroughwide Housing for drawing attention to their concerns about buildings being pulled down—I am not saying that was anything specifically related to his death, but it related to concerns they had about a particular decision by the provider that was in conflict with their role.
In general terms, I understand the concern about being too prescriptive. This area should perhaps be kept under review. Whether it is best practice by some registered providers, guidance or whatever it might be, it is important to keep under review how to ensure that we can get the most representative and effective board of registered providers. As I said, this is a probing new clause. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 6
Standards relating to consumer matters
‘(1) Section 193 of the Housing and Regeneration Act 2008 is amended as follows.
(2) In subsection (2)—
(a) after paragraph (d) insert—
“(da) major repair or improvement works,
(db) estate regeneration,
(dc) service charges,”
(b) after paragraph (ga) insert—
“(gb) advice and assistance in relation to the prevention of homelessness,”
(c) after paragraph (h) insert—
“(ha) provision for urgent transfer of tenancies in relation to tenants affected by domestic abuse or other violence”’.—(Matthew Pennycook.)
This new clause would allow the regulator to set standards in relation to major repair or improvement works, estate regeneration, service charges, homelessness prevention, and urgent moves for residents at risk of violence.
Brought up, and read the First time.
Matthew Pennycook
Absolutely right.
We finish with an important new clause. It relates to what comes under the rubric of consumer standards as defined by the Bill. Since its initial publication in June, the Bill has been improved in several important respects. Today we have urged the Government to go further in relation to some areas and we will continue to do so, but we welcome the introduction of the consumer standards in relation to safety, transparency, competence and conduct.
However, there are other matters of real importance to social tenants that the Bill, as drafted, does not extend new consumer standards to. They include major repairs or improvement works, estate regeneration, service charges, advice and assistance in relation to the prevention of homelessness and urgent moves resulting from the risk of domestic abuse or serious violence.
New clause 6 simply seeks to ensure that the regulator has the freedom to set standards for registered providers in respect of each of those areas of housing management by amending section 193 of the Housing and Regeneration Act 2008 to include them within the scope of what is considered a consumer matter.
There is arguably a need for the regulator to carry out a thorough consultation about consumer standards to better understand what housing management issues currently matter most to tenants. However, we know both from organisations providing housing support, guidance and expert advice services and, I would argue, from our own postbags, that the issues covered by new clause 6 are important to tenants. There is an arguable case for placing them in the Bill to at least allow the regulator, which has probably consulted and developed them, to set consumer standards in relation to some of these issues at a later date. I look forward to the Minister’s response.
Dehenna Davison
As the shadow Minister outlined, the new clause seeks to amend the Regulator of Social Housing’s powers to set consumer standards in a number of ways. All the issues that he raised are important. Although I cannot accept the amendment, I will seek to address the issues raised in turn.
On major repairs and improvements, all social housing landlords should be delivering decent social housing and prioritising repairs and improvements that need to be made to ensure that housing is up to standard. The regulator is already able to set standards relating to the nature, extent and quality of accommodation, and the facilities and services, provided. That can include specified rules about maintenance, which would cover major repairs.
The regulator’s current homes standard already requires registered providers to provide a repairs and maintenance service that meets the needs of tenants, with the objective of getting repairs and improvements right the first time. The regulator will consult on and revise the standards following the passage of legislation and the issuance of Government directions.
On estate regeneration, let me be clear that I agree that landlords should be adequately planning for major regeneration projects and delivering planned maintenance. However, including that area as part of the regulator’s standard-setting remit is not necessary. As I have noted before, the regulator already has the powers required to set standards required relating to maintenance and repairs. Those standards apply to all homes, regardless of whether they are part of a regeneration project.
Existing legislation also enables the regulator to set standards relating to the contribution of landlords to the environmental, social and economic wellbeing of the areas in which their property is situated, which relates closely to the intended outcomes of regeneration projects. The regulator already sets expectations about neighbourhood management in its consumer standards and will be consulting on revised expectations under the proposed new standards, once the Bill has been passed.
It remains the responsibility of landlords to effectively manage their stock and deliver decent housing for their residents. We believe that a specific standard-setting power for regeneration is unnecessary. Effective asset management is already a focus of the in-depth assessments that the regulator conducts, which mean that landlords have to demonstrate to the regulator that they are able to maintain adequate levels of investment in the homes that they are responsible for.
I turn to service charges. The Government’s policy statement on rents for social housing encourages registered providers of social housing to keep any service charge increases within the consumer prices index plus 1% per year—the current limit on annual increases in social housing rents—in order to help ensure that charges stay affordable. Following our recent consultation on social housing rent increases, the Chancellor announced as part of his autumn statement that the Government will cap the increase in social rents at a maximum of 7% in 2023-24. In line with the proposal set out in our consultation, we will amend the policy statement to encourage providers to apply the 7% limit to any service charge increases in 2023-24.
Our policy statement also states that tenants should be supplied with clear information on how service charges are set; in the case of social rent properties, providers are expected to identify service charges separately from the rent charge. The new clause is not necessary to facilitate the regulator’s requiring that transparency from providers.
Furthermore, service charges are already governed by legislation in the Landlord and Tenant Act 1985, which states that service charges can be charged only to the extent that they are reasonably incurred and that enforcement of that is via the courts. Consequently, it is not appropriate or necessary to add to the Bill a specific standard-setting power relating to service charges.
I move on to the issue of homelessness. Let me be crystal clear: the Government are committed to preventing homelessness, and I commend my hon. Friend the Member for Walsall North on the incredible work he did on that as a Minister. Since the introduction of the Homelessness Reduction Act 2017, more than half a million households have been supported into secure accommodation. We are investing £2 billion over the next three years into addressing homelessness and rough sleeping, and in September we published our bold new strategy “Ending rough sleeping for good”. We have also provided £316 million this year for the homelessness prevention grant, which local authorities can use flexibly to meet their homelessness objectives—including to work with providers to prevent evictions.
I am not in a position to accept the new clause, as I believe the existing legislation is sufficient to achieve the outcome that the hon. Member for Greenwich and Woolwich is seeking. The regulator’s existing tenancy standard already requires social landlords to develop and provide services that will support tenants to maintain their tenancy and prevent unnecessary evictions. The regulator’s standards will be consulted on and updated following the passage of legislation and the issuance of Government directions. Consequently, homelessness prevention is already a priority for providers; the regulator plays a vital role in support.
I move on to the urgent transfer of tenancies in cases of domestic abuse and violence. Again, to be absolutely clear we do not expect anyone who is threatened with violence to feel that they cannot move to safety for fear of losing their security of tenure. A range of measures are therefore already in place to protect people at risk of violence and in need of urgent rehousing, some of which I have already outlined that in earlier contributions.
Chapter 4 of the statutory guidance encourages additional preference to be given to those fleeing violence, including people fleeing domestic violence, and private registered providers have a role in housing such people through their duties to co-operate, as I outlined earlier.
I will not rehash any more of the arguments that I made in response to the hon. Member for Dulwich and West Norwood and her new clause 1. However, I should add that in schedule 5 to the Bill, we are already amending the regulator’s standard-setting powers to include policies and procedures in connection with behaviour that amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021.
For all the reasons I stated, I do not believe that the amendments to the regulator’s standard-setting powers are necessary. I ask the hon. Member for Greenwich and Woolwich to withdraw his new clause.
Matthew Pennycook
I thank the Minister for that response. I am somewhat reassured by it, to the extent that she has laid out—in considerable detail, in some cases—the ways in which some of the issues of concern flagged in the new clause are appropriately covered by the standards, guidance, policies and procedures. My reservation is about whether those existing processes have the effect that would be achieved by allowing the regulator itself to set standards and consumer standards.
Given how complex an issue this is, I will take away the Minister’s response and look at it in more detail, but I reserve the right to come back to the issue on Report. We think it is important that some of these real issues of concern to tenants be given due consideration when it comes to whether they are brought within the new regulatory regime to be established by the Bill. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Dehenna Davison
I have my Oscars-style speech of thanks to give before we finish today. First, a huge thank you to you, Sir Edward, for chairing the Committee so successfully and professionally, and for keeping us all in check. We are MPs; we always need someone to keep a good gaze over us to ensure that we are behaving.
I thank all members of the Committee for a constructive debate. One of the most reassuring things has been that there is such cross-party consensus in recognising that the Bill is absolutely needed and that we can all very much get behind its aims.
I thank the Clerks for their stellar work and my officials, who have been brilliant at speedily giving me all the information that I need. I thank the fabulous Whip, my hon. Friend the Member for Hertford and Stortford, again for keeping us in check on the Government Benches.
I also say a huge thank you to Grenfell United, Shelter and others for their engagement on this important legislation. As the Minister, I feel grateful to have had the opportunity to take the Bill through Committee. I look forward to its coming back on Report; as I said, I will engage with Members before that point.
In my final breath, I say a massive good luck to both teams tonight. I am sure most people know which one I am supporting.
Matthew Pennycook
Briefly, Sir Edward, I thank you for your chairmanship of the Committee and the Clerks for all their work to prepare us. I thank the Minister for the constructive tone in which she approached the debate, and all hon. Members for the considerable amount of expertise and insight put forward in our debates. I, too, thank all the organisations, not least Grenfell United, that sent us their views and engaged with us on what they see as important in how the Bill could be strengthened.
As I said at the start, the Bill is uncontroversial and we welcome the vast majority of measures. We want to see it strengthened and we have made the case for that today. We will continue to make the case on Report for those areas of the Bill where we want to see further improvement, but I am glad that it can make swift progress to its next stage.
Social Housing and Regulation Bill (First sitting)
Dehenna Davison ExcerptsTuesday 29th November 2022
(1 year, 12 months ago)
Public Bill CommitteesRead Full debate Social Housing (Regulation) Act 2023 View all Social Housing (Regulation) Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 29 November 2022 - (29 Nov 2022)
Matthew Pennycook
It is a pleasure to begin our line-by-line consideration of the Bill with you in the Chair, Sir Edward, and in a Committee with a considerable amount of housing expertise, which I hope will put us in good stead for further improving the Bill. The Opposition have consistently maintained that the Bill is uncontroversial legislation, and we welcome it and the measures it contains.
We desperately need to build more social homes, but we also need to ensure that our existing stock is of good quality and well managed. Almost half a million social homes fail to meet the Government’s decent homes standard and, as that standard is not a requirement, it is almost impossible to enforce.
The Regulator of Social Housing can and does react to systemic failings among registered providers—for example, the request for evidence issued in relation to damp and mould following the coroner’s report into the death of two-year-old Awaab Ishak in 2020—but at present it has no proactive way of regulating consumer standards. The spotlight of media attention, tenant campaigning or intervention by individual hon. Members should not be required to trigger the appropriate response to substandard conditions in social housing, yet that is all too often the case.
To ensure that tenants are properly protected by a robust, effective system of regulation, major reform is needed. Indeed, it is long overdue, and the Secretary of State was right to concede, in the wake of Awaab’s untimely death, that the Government have been too slow to toughen regulation in this area.
Despite its limited number of clauses, the Bill is therefore of real significance for millions of social housing tenants across the country. That is why the Opposition regret how long it took the Government to bring it forward, and it is why we want to see it on the statute book as soon as possible. To that end, we want to see the Committee to sit no longer than is absolutely necessary. However, we are determined to see the Bill strengthened in a number of areas, so that standards in social housing markedly and rapidly improve, tenants are able in practice to pursue and secure effective redress, the collective voice of tenants is heard more audibly and they have a greater role in shaping national policy, and we are better able to respond to pressing issues affecting some of those living in social housing, such as serious violence.
We owe it to the bereaved and the survivors of Grenfell, Awaab’s family and all those social tenants currently living in appalling conditions to pass the most robust legislation that the House can possibly deliver. To that end, we have tabled a limited number of amendments in key areas, the intention of which is to persuade the Government to reflect sincerely on how the Bill might be improved still further. Although we intend to work constructively with Ministers to secure the Bill’s speedy passage out of Committee, we expect the Government to give serious consideration to the arguments that we make in respect of those amendments.
Amendment 13 and new clause 8 relate to supported exempt accommodation and temporary accommodation. The new clause would provide the Secretary of State with the power to bring properties let at market rents by non-profit making providers of supported exempt or temporary accommodation registered with the regulator into the scope of consumer regulation. It would allow Ministers to do so at a time of their choosing and on an area-by-area basis as required. The amendment would extend the regulator’s fundamental objectives to the care and support services provided by supported exempt and temporary accommodation in relation to properties that already fall within the scope of consumer regulation.
I want to be clear at the outset that these proposals do not seek to extend the scope of the regulatory framework provided for by the Bill to all non-registered supported exempt and temporary accommodation providers in a way that could place unreasonable burdens on the regulator. Rather, they would apply only to those landlords who are registered, or entitled to register, with the regulator as non-profit making providers because they let some properties at below market rents—that is, social housing.
The purpose of these two related proposals is to address an existing loophole that, unless addressed, will remain a problematic gap in the consumer regulatory regime after the Bill has come into force. It is that non-profit making providers of supported exempt or temporary accommodation can let properties at market rents that are eligible for housing benefit support on the basis that “more than minimal” care, support or supervision is being provided, without those properties coming within the scope of consumer regulation.
We know that the regulatory gap is currently being exploited by unscrupulous providers. The three biggest registered providers of non-commissioned exempt accommodation in Birmingham last year, Reliance Social Housing CIC, Ash-Shahada Housing Association Ltd and Concept Housing Association CIC, received £159 million in housing benefit payments for 16,370 market rent properties that fell outside consumer regulation. They were able to operate those properties free from the fear of intervention on consumer standards grounds, because they collectively operate 310 properties—in Reliance’s case, it is just six—at below market rents.
As a result of the regulator being unable to enforce against poor performance by providers in relation to market rent properties that they operate on the basis of consumer standards, the regulator can enforce against bad practice in such cases only on grounds of economic viability. It has done so—for example, it found the large, Birmingham-based Reliance to be non-compliant with the governance and financial viability standard in October last year. However, Opposition Members struggle to understand why the Government have not enabled the regulator to take action against supported exempt and temporary accommodation providers letting units at market rents who fail to meet expected standards, using the tools provided for by the new proactive consumer regulatory regime introduced by the Bill, given that permitting it to do so would simply provide an additional weapon in the regulator’s arsenal when it comes to clamping down on unscrupulous providers.
It is true that clause 8(d) tightens the definition of what constitutes a non-profit making provider. That should help to ensure that some of the most flagrant abuses, such as out-of-balance portfolios, can be clamped down on. However, it will not end all instances of rogue providers gaming the system by letting some properties at below market rents, registering as non-profit making providers on that basis, and then operating far larger numbers of substandard market rent properties outside the scope of consumer regulation. For example, those with more balanced portfolios—presumably even if that were achieved on the basis of a split of 51% of properties let non-profit and 49% for profit—will escape the provisions of clause 8 that I just referred to.
We recognise that the Government support, as we do, the Supported Housing (Regulatory Oversight) Bill introduced by the hon. Member for Harrow East. I am pleased that the hon. Gentleman is on the Committee with us. His Bill will enhance local authority oversight of supported housing and thereby enable local authorities to drive up standards in their areas. However, it does not contain provisions to close the particular loophole that is the focus of amendment 13 and new clause 8. As such, if the Government do not accept our amendments or bring forward their own to tackle the loophole in question, enforcement action on the part of the regulator in these cases will be confined to matters of economic regulation.
One element of our concern about the gap in the proposed consumer regulatory regime that the amendments seek to address is that, once the hon. Gentleman’s Bill has received Royal Assent, rogue providers of supported exempt accommodation will be incentivised to exploit this loophole further, as it will be one of the last remaining loopholes because their operations will be hampered by the range of measures in the hon. Gentleman’s Bill. Using the Bill before us to address the issue of supported exempt and temporary accommodation landlords who are already partially regulated would also close down the loophole more quickly than would be possible by doing so through the Supported Housing (Regulatory Oversight) Bill, because it will be some time before that Bill is in Committee, and the detailed regulations required to give it full effect will take some time to be passed.
If the Government were persuaded of the merits of the argument underpinning amendment 13 and new clause 8, they could determine to deal with supported exempt accommodation and temporary accommodation separately. We ultimately decided that the amendments should cover both, because there is good evidence to suggest that the loophole is being increasingly exploited by private temporary accommodation providers, in particular those providing nightly paid temporary accommodation, who often describe themselves as social landlords but who are exempt from consumer regulation in relation to substandard properties they let at market rents at great cost to the taxpayer.
Dealing with supported exempt accommodation and temporary accommodation together is also an attempt to pre-emptively address the scenario in which the Government accept that properties let at market rents by registered non-profit making providers of supported exempt accommodation should be covered by consumer regulation and legislate to that end, but, by setting aside market rent temporary accommodation let by registered non-profit providers, ensure that that becomes an obvious target for rogue providers seeking to escape consumer regulation standards.
I appreciate fully—I expect that the Minister will respond along these lines—that the Government will be reluctant to re-open at this stage of the Bill’s proceedings what and who falls within the ambit of the new consumer regulatory regime, but surely they cannot believe that the Bill as drafted ensures that support services beyond general management that are provided to residents of supported exempt and temporary accommodation will be of acceptable quality, or that non-profit making registered providers can simply ignore consumer standards when it comes to those properties let at market rents eligible for housing benefit support.
The issues that are the subject of these two amendments will need to be addressed if the Government are serious about clamping down on rogue providers who take public money while failing vulnerable people. I hope that the Minister can signal that the Government are minded to act either by accepting the amendments or by bringing forward their own in due course.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
It is a pleasure to serve under your chairmanship today, Sir Edward. I am incredibly grateful to the shadow Minister, the hon. Member for Greenwich and Woolwich, for the constructive way he has embraced this debate, for the Opposition’s broad support for the Bill, and for his commitment to ensuring that the regulator is as robust as it can be. On that point, we have certainly found some early agreement.
As the hon. Member outlined, amendment 13 would extend the remit of the regulator to the care and support provided to residents in supported exempt accommodation and temporary accommodation, while new clause 8 would extend the remit to those types of accommodation when they are not social housing but are held by a registered provider.
Temporary accommodation and supported housing that meets the definition of social housing is already regulated under the regulator’s standards, and the Care Quality Commission already regulates the provision of personal care in supported housing. The support needs of people in supported housing are wide, varied and often complex compared with those living in general needs accommodation. That is why we are supporting targeted measures in the Supported Housing (Regulatory Oversight) Bill, introduced by my hon. Friend the Member for Harrow East, to tackle the issues we are seeing in supported housing. I echo the shadow Minister’s comments; I am very grateful that my hon. Friend is bringing his incredible expertise to the Committee.
While there are many excellent supported housing providers, the Government recognise that there are some rogue supported housing landlords. Let me be completely clear for the record: any abuse of the supported housing system will not be tolerated. The Supported Housing (Regulatory Oversight) Bill will introduce national standards to be applied to supported housing and to give local authorities new powers to introduce licensing schemes and other enforcement powers.
Temporary accommodation is a key safety net for homeless households in this country. The homelessness code of guidance is clear that, at a minimum, temporary accommodation must be free from all category 1 health hazards, as assessed by the housing health and safety rating system, and it must be suitable for all members of the household. Households have the right to request that the council reviews the suitability of their accommodation.
Siobhain McDonagh (Mitcham and Morden) (Lab)
On temporary accommodation for homeless families and the code of guidance, who enforces the code? Who knows whether councils are living up to it? Who inspects the accommodation with a third eye to see whether it meets the standards?
Dehenna Davison
I will follow that up with the hon. Member in writing after our sittings today.
Dehenna Davison
As I have just outlined, I will write to the hon. Member to pick up her point following today’s sittings.
The focus of the Regulator of Social Housing is on regulating the standards for registered providers of social housing. I believe that the regulator should remain focused on that vital role, and that greatly expanding its scope to include temporary accommodation could be a significant risk to its expertise. I do not believe that expanding the scope of the regulator into those areas, as proposed by the amendments tabled by the hon. Member for Greenwich and Woolwich, is the right way to address them. The regulator should continue to focus on ensuring that registered providers provide safe and high-quality social housing for tenants and on delivering the new consumer regime.
On that basis, I ask the shadow Minister to consider withdrawing his amendments today, but with a commitment from me to follow up with him before Report to see whether anything more can be done.
Bob Blackman (Harrow East) (Con)
It is a pleasure to serve under your chairmanship, Sir Edward. I thank the Minister and the shadow Minister for their compliments about me and my Bill. No doubt we will be debating it in one of these Committee Rooms in the not too distant future.
One concern about the position on supported housing is the number of regulators that get involved already. There is almost a confusion of regulation. There is another problem: as we legislators seek to plug gaps, the rogue landlords seek alternative ways of making huge amounts of money. We already know that nearly £1 billion in housing benefit was paid out last year on supported housing in exempt accommodation. Clearly, that was for people who are vulnerable and need help and support. They are from a wide variety of different backgrounds. They might be recovering drug addicts; they might be people who became temporarily homeless or people who have had mental or physical health problems. I could go through a long list of people, but they are vulnerable and need help and support.
However, I have a concern about the proposed amendments. They seek to plug a gap, but are they comprehensive enough? We need more discussion to make sure we have a comprehensive measure that includes everything and makes it clear who the regulator is. Given the interventions by the hon. Member for Mitcham and Morden, we want to make sure, as a Committee and as legislators, that the laws we introduce are actually enforced.
Dehenna Davison
Absolutely, we will take this away. I would be grateful for the expertise of all on the Committee, including the hon. Member for Mitcham and Morden, who made an incredibly passionate case. Let us have a roundtable discussion about how best we can take this forward following Committee.
Matthew Pennycook
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
New clause 2—Regulator duty to report on safety defects—
‘(1) In fulfilling its consumer regulation objective under section 92K of the Housing and Regeneration Act 2008, the regulator must report to the Secretary of State on actions taken by registered providers to remediate unsafe external wall systems and other historic fire safety defects in social housing.
(2) A report produced under this section may make recommendations to the Secretary of State on further action required to sufficiently address identified issues.’
This new clause would ensure that in meeting its fundamental objective to support the provision of social housing that is well-managed and of appropriate quality, the regulator would be required to report to the government on the progress of building safety remediation.
New clause 3—Regulator duty to support provision of social housing—
‘(1) In fulfilling its economic regulation objective under section 92K of the Housing and Regeneration Act 2008, the regulator must–
(a) within six months of this Act receiving Royal Assent, and
(b) at intervals of no more than three years thereafter
provide a report to the Secretary of State on whether the supply of social housing in England and Wales is sufficient to meet reasonable demands.
(2) A report produced under this section may make recommendations relating to how to ensure that the provision of social housing in England and Wales is sufficient to meet reasonable demands.’
This new clause would ensure that in meeting its fundamental objective to support the provision of social housing sufficient to meet reasonable demands the regulator would be required to report to the government on adequacy of social housing supply.
Dehenna Davison
Clause 1 relates to the fundamental objectives of the Regulator of Social Housing and adds safety and energy efficiency of tenants’ accommodation and transparency. New clauses 2 and 3 seek to take that further and expand the role of the regulator into new areas.
New clause 2 relates to monitoring the remediation of unsafe cladding and other fire safety defects in the social housing sector. I want to make clear from the outset that nothing is more important to this Government than making sure people are safe in their homes. The tragic, horrendous case of Awaab Ishak, which we are all unfortunately now familiar with, has highlighted the crucial role of registered providers of social housing in making sure that happens.
The Bill sits alongside other key reforms that we have introduced in response to the Grenfell Tower fire, including the Building Safety Act 2022 and the Fire Safety Act 2021. New clause 2 is incredibly well intentioned, given what it seeks to achieve, but the Bill is not the correct vehicle for it. A duty should be placed on the Regulator of Social Housing to undertake such monitoring. The regulator is not a specialist fire or building safety body. The proposed new clause would be a significant expansion of the regulator’s remit. Currently, the regulator does not have the expertise to fulfil that function effectively.
The question of who should undertake that kind of role is, however, an important one for Government. The Department is evaluating options on how best to monitor and report on the progress made in remediating unsafe cladding and other fire-safety defects. It is important that the work is done at pace, but thoroughly. I understand that hon. Members will be keen to study its outcomes and implications for future policy, but I must reiterate that it would be improper to pre-empt it while it is ongoing by allocating responsibility for that highly important function without the benefit of fully understanding the options. We need to ensure that that work is undertaken by those with the correct skills, expertise and capacity. My concern with new clause 2, therefore, is that it would make for a hasty decision that might mean we do not achieve the desired outcomes in the optimal way.
I turn to new clause 3. The hon. Member for Greenwich and Woolwich is right to draw attention to the importance of increasing the supply of social housing. In the levelling-up White Paper, we made it clear that we want to
“increase the amount of social housing available over time to provide the most affordable housing to those who need it.”
Our £11.5 billion affordable homes programme will play an important role in achieving that aim, as will the measures we have taken to support increased council house building.
For its part, the regulator has an objective to support the provision of sufficient social housing. It discharges that role through its work to ensure that private registered providers are financially viable, efficient and well governed. In turn, that helps providers to obtain funding to enable them to deliver more social housing. However, I do not agree that we should make the regulator responsible for assessing the adequacy of social housing provision in England or, indeed, in Wales. I am concerned that such an additional role could divert resources away from the activities that should be the focus for the regulator, which is setting standards for social housing so that landlords are clear about expectations on them to deliver quality of housing, to monitor compliance with those standards and, where necessary, to undertake relevant enforcement action.
Organisations outside Government often publish their own analysis of the level of need for social housing. There are a number of different approaches to assess that, and not necessarily a single right answer. I am therefore not convinced that the regulator stepping in to provide its own assessment is the right approach. It should focus on the task at hand and on standards, quality and enforcement. On that basis we would not want to accept new clauses 2 and 3.
Matthew Pennycook
I thank the Minister for her explanation of the clause and for the response to the two new clauses tabled by the Opposition. As the Minister has made clear, with a view to providing for a stronger and more proactive consumer regulatory regime, the clause expands the regulator’s fundamental objectives as set out in the Housing and Regeneration Act 2008 to include those of safety, transparency and—following the well-deserved success of Baroness Hayman’s amendment in the other place on standards relating to energy demand—energy efficiency.
My response to the case that the Minister made against new clauses 2 and 3 has, thankfully, pre-empted a number of the points she has just made. New clause 2 seeks to ensure that in meeting its fundamental objective to support the provision of social housing that is well managed and of appropriate quality, under proposed new subsection (3)(a) of the amended 2008 Act the regulator would also be required to report to the Government on the progress of building safety remediation in the social housing sector.
According to the Department’s own figures, every one of the 160 social sector buildings identified as having unsafe aluminium composite material—ACM—cladding, similar to that which covered Grenfell Tower, have been remediated through the social sector ACM cladding remediation fund. When it comes to buildings in the social sector with unsafe non-ACM cladding systems, we know that, as of 31 October, 251 have applied for Government funding for remediation. Alarmingly, as things stand, not a single one of those 251 buildings has been remediated.
Perhaps more worryingly, we have no estimate of the total number of social sector buildings with unsafe non-ACM cladding systems, because social landlords can apply for Government funding only if the costs of remediation are unaffordable or if there is a threat to their financial viability. We have no idea whatsoever how many social sector buildings have other non-cladding building safety defects.
There is a wider debate to be had outside this Committee about social landlords’ restricted access to funding for non-ACM remediation work, given the impact that has on social tenants, whose rent payments are contributing to the costs of the works required, and on providers in terms of upgrade and maintenance works, services provided such as welfare advice and the supply of new social homes.
However, all new clause 2 seeks to achieve is to make the regulator—which, as a result of the Bill will now have to perform its functions with a view to supporting the provision of social housing that is safe—report to the Secretary of State on the progress of remediating unsafe external wall systems and other historical fire safety defects in social housing, and provides it with the opportunity to make recommendations to the Secretary of State on further action required.
Speaking for the Government in the other place in response to a similar amendment in the name of Baroness Pinnock, Baroness Scott of Bybrook argued, as the Minister just has, that the type of monitoring sought by new clause 2 would not be “appropriate” for the regulator to undertake because
“it is not a specialist health and safety body.”—[Official Report, House of Lords, 6 September 2022; Vol. 824, c. 114.]
I am afraid that we find that argument wholly unconvincing.
New clause 2 does not seek to impose a duty on the regulator to carry out inspections of social sector buildings that are either potentially unsafe or identified as unsafe and in need of remediation or to physically monitor the progress of remediation works. As such, it does not require the regulator to possess the relevant professional skills, expertise and capacity necessary for assessments of that nature. All it would require is that the regulator be responsible for reporting to the Government on the progress of remediation in respect of social sector buildings—on the overall number of such buildings identified as having defects and the progress of whether they have started and completed remediation.
Given that the regulator already collects data from registered providers to inform its regulation of standards, and that the Bill ensures that one of the regulator’s new fundamental objectives will be the safety of buildings, we believe it is entirely reasonable and appropriate to task it with reporting to the Government along these lines.
As the Minister made clear, the Government have been at pains over recent months to stress they are examining options for monitoring and reporting remediation progress in future. Yet, as we consider the Bill today, neither the Department nor the new Building Safety Regulator is providing accurate data with regard to the scale of the building safety challenge in the social housing sector, or progress toward meeting it; no firm proposals have been brought forward by the Government to address that gap; and we have no guarantees that appropriate measures will be forthcoming any time soon, although I take at face value what the Minister has just said.
The Bill rightly ensures that the provision of safe, high-quality social housing will be integral to the function of the regulator’s role. There can be no more important task in respect of social housing—I think we are agreed on this point—than to ensure that buildings that are either covered in combustible material or riddled with other non-cladding safety defects are made safe. New clause 2 would ensure the regulator monitors progress to that end and reports to Government. I urge the Minister to rethink. If the Government are not minded to amend the Bill as new clause 2 seeks, I urge them to bring forward other proposals for monitoring this important element of the remediation drive in the near future.
I turn to new clause 3. In a similar way to how new clause 2 seeks to place additional requirements on the regulator in relation to its fundamental objective to support the provision of social housing that is well-managed and of appropriate quality, new clause 3 seeks to ensure that, in meeting its fundamental objective under the 2008 Act to support the provision of social housing that is sufficient to meet reasonable demands, the regulator would also be required to report to the Government on the adequacy of social housing supply.
The problem to which this new clause relates is well known. While more people than ever are struggling to afford a secure place to live, nowhere near enough social homes are being built. Almost 1.2 million households in England are now languishing on a housing waiting list. The Green Paper that foreshadowed the Bill stated:
“Social housing remains central to our supply ambitions.”
Despite that, the Government are doing nowhere near enough to deliver the volume of social homes our country needs.
Not only are the Government failing to build the volume of social homes that we need, but by means of reduced grant funding, the introduction of the so-called affordable rent tenure, increased right-to-buy discounts and numerous other policy interventions, we would argue that they have actively engineered the decline of social housing over the past 12 years. The result is that not only were fewer than 6,000 social homes constructed last year but over 21,000 were sold or demolished—a net loss of 15,000 desperately needed genuinely affordable homes.
Dehenna Davison
I will be brief and just say that I recognise the arguments made by the shadow Minister, but I hope he recognises the arguments that I made in my opening statement. I have made a commitment to my hon. Friend the Member for Harrow East that before Report we will sit down to discuss the issues further and make sure the regulator has the teeth it really needs.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
Advisory panel
Matthew Pennycook
I beg to move amendment 14, in clause 2, page 1, line 18, at end insert—
“(2A) The Panel may provide information and advice to the Secretary of State about, or on matters connected with, the regulator’s functions and wider issues affecting the regulation of social housing (whether or not it is requested to do so by either the regulator or the Secretary of State).”
This amendment would enable the Panel to provide information and advice and to proactively raise issues affecting social housing regulation more generally directly to the Secretary of State.
Dehenna Davison
I am grateful to the shadow Minister for making his case for amendments 14 and 15. Amendment 14 seeks to enable the advisory panel to provide information and advice and to raise issues affecting social housing regulation directly with the Secretary of State. The social housing White Paper made it clear that the purpose of the advisory panel was to provide independent and unbiased advice specific to the regulator on matters connected to regulation. Clearly, the views of tenants are central to that objective.
As the hon. Gentleman outlined, in parallel we also established the social housing quality resident panel, which will provide an opportunity for us to hear from tenants. The aim of the resident panel is to enable tenants to share their views directly with Government and Ministers on their approach to improving the quality of social housing, and on whether the Government’s interventions will deliver the changes that they want to see.
The resident panel is made up of 250 social housing residents from across the country and from diverse backgrounds. They met for the first time last week on 26 November, and will meet approximately monthly over the coming year, with opportunities for the agenda to be shaped by panel members. At that meeting, residents told the Secretary of State for Levelling Up, Housing and Communities, my right hon. Friend the Member for Surrey Heath (Michael Gove), that the most important issues to them were how repairs are dealt with, how landlords are held to account and how complaints are handled by their landlords and the housing ombudsman. The Department’s resident panel and the regulated advisory panel have a specific role and remit to ensure that tenants’ views are properly represented to both Ministers and the regulator.
Amendment 15 seeks to require a social housing tenant to chair the advisory panel and have responsibility for setting the agenda that the panel considers. It also seeks to ensure that social housing tenants comprise the majority of panel members. We share the notion that it is vital that tenants’ voices are heard, but it is important that the advisory panel considers the full range of regulatory issues that the regulator has to tackle. That means that we need to allow a diverse collection of voices to share their knowledge and opinions with the regulator.
Consumer matters are rightly at the forefront of the Bill but, equally, working to resolve some of the economic issues should not be diminished. Legislating for a tenant to chair and set the agenda and requiring the majority of the panel members to be tenants would not support what we are trying to achieve with the advisory panel. I am concerned that being too prescriptive in legislation about how the advisory panel must operate may prevent the panel from having the flexibility to decide how it best operates. In practice, I expect that all members of the advisory panel, along with the regulator, will shape how it works and what it considers.
We are committed to ensuring that tenants can effectively engage with the Department and the regulator, and that tenant voices are at the heart of social housing regulation and policy, but we do not feel that amendments 14 and 15 are necessary to achieve that so I ask the shadow Minister to withdraw them.
Matthew Pennycook
I thank the Minister for that helpful response, and I take on board the concerns she raised about the amendments.
I am slightly concerned about the lack of what we would consider to be true tenant empowerment. The quality resident panel is important, but it only lasts a year, so how will we get ongoing tenant engagement with the work of the regulator to inform how it operates, to shape future regulation, which is part of its remit, and to raise future issues of concern to tenants nationally, in terms of social housing regulation and policy? We do not think the Bill allows for that, and in all honesty I cannot understand the Government’s objection to allowing the advisory panel to notify Ministers directly, rather than the regulator, in certain rare circumstances. As the Minister said, the panel is at present constituted by the regulator, which appoints its membership, and it can only provide views directly to the regulator. We think there are some circumstances in which it may need to do otherwise. I hope the Minister takes away those points.
Dehenna Davison
Clause 2 makes it a requirement that the regulator will engage with a wide range of stakeholders, including tenants and landlords. It also sets out expectations about who should be represented on that panel. It is not just about the regulator asking a group of people for views once it has already made up its mind about what it wants to do. The panel is designed to be used to test and shape the regulator’s thinking. For example, we expect the regulator to engage the panel on the design and implementation of new consumer standards. The clause also empowers the panel to raise issues directly with the regulator that its members consider important. I hope the Committee will support the clause.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Clause 3 ordered to stand part of the Bill.
Clause 4
Power to charge fees
Dehenna Davison
I beg to move amendment 1, in clause 4, page 3, line 40, leave out “follows” and insert
“set out in subsections (2) to (6)”.
This amendment is consequential on Amendment 2.
The Chair
With this it will be convenient to discuss the following:
Government amendment 2.
Clause stand part.
Dehenna Davison
Clause 4 and Government amendments 1 and 2 deal with the regulator’s fee-charging powers. As we heard from a number of hon. Members on Second Reading, the Regulator of Social Housing must be provided with the necessary funding to enable it to deliver the outcomes the Bill is designed to achieve.
Once the new consumer regime is implemented, the regulator will see substantial growth in its regulatory activity, which means its costs will increase significantly. It is Government policy to maximise the recovery of costs of arm’s length bodies, so clause 4 will refine the existing fee-charging power to allow for the cost of some additional functions to be recovered, and to charge fees that cover costs of activities that may not be connected to the specific fee payer, such as the cost of investigation and enforcement. Any significant changes to the design of the regime will be consulted upon and require ministerial approval.
Government amendments 1 and 2 also address the regulator’s fee-charging powers. The amendments remove specific provision allowing the regulator to charge following the completion of inspections, if authorised by the Secretary of State by order. The existence of that special provision relating to fees for inspections is no longer necessary given the changes we are making to the regulator’s general power to charge fees. That power will now allow it to cover the cost of inspections in its fees for initial and continued registration.
Leaving the provision in legislation erroneously risks causing confusion and casting doubt on the regulator’s ability to set fees to cover inspections as part of its general fee-setting power. As such, the change serves to ensure that there is greater clarity and consistency in this legislation.
Clause 4 establishes the parameters to the regulator’s fee-charging powers and makes clear that it can charge the sector for costs that may be unconnected to the specific fee payer. Government amendments 1 and 2 support clause 4 by delivering a technical change that will ensure there is no confusion over the powers available to the regulator to deliver maximum cost recovery. On that basis, I commend the clause to the Committee and beg to move the amendments.
Matthew Pennycook
I thank the Minister for that explanation of Government amendments 1 and 2. As she makes clear, clause 4 amends section 117 of the Housing and Regeneration Act 2008 to clarify the extent of the regulator’s fee-charging powers. New subsection (4A) adds to the 2008 Act and makes it clear that the regulator has the power to recover the cost of activities it does not currently charge social housing providers for.
If I understood the Minister correctly, Government amendment 2 revises section 202 of the 2008 Act because the powers in new subsection (4A) are sufficiently broad to cover charging providers fees for inspections. In short, as I hope she agrees, this is just a tidying-up exercise, the rationale for which is that the power is being omitted from section 202, concerning inspections only, because it more properly fits within section 117, concerning fees generally, to ensure that references to fee charging are all in one place in the 2008 Act. If that is the case, and amendment 2 in no way prevents the regulator from charging fees for inspections, we take no issue with it, because it is important that the regulator is able to charge fees to cover the significant costs involved in overseeing the comprehensive and rigorous Ofsted-style inspections regime that the Bill introduces.
The amendment raises wider issues relating to the resourcing of the regulator. Since the Bill’s publication, we have consistently expressed concern about the very real risk that the regulator will struggle to discharge its new functions and that it will not be adequately resourced to perform its enhanced role, in particular in relation to inspections. Prior to the Bill’s publication there were already concerns, expressed by the Select Committee and others, as to whether the regulator had the resourcing, skills and capacity to continue to regulate economic standards adequately, given the complex financial and corporate structures proliferating in the sector.
The new consumer regulatory regime will impose significant burdens on the regulator. The Minister stated on Second Reading that the Government are
“firmly committed to ensuring that the regulator has the resources that it needs not only to deliver the new consumer regulation regime but to ensure that it continues to regulate its economic objectives effectively.”—[Official Report, 7 November 2022; Vol. 722, c. 83.]
She also suggested that the Government were potentially minded to introduce changes to the fee regime to ensure that the regulator is funded appropriately. We accept that the Government have made limited additional funding available this financial year to support the new regime, but we are concerned that there may still be a resourcing challenge for the regulator. I would welcome any further assurances from the Minister that the regulator will have all the resources it needs to discharge the enhanced functions that the Bill requires of it.
Dehenna Davison
I am grateful to the shadow Minister for raising the question of resourcing. We touched on this on Second Reading, as he highlighted. He is right that in this financial year we are providing £4.8 million to aid the regulator in its vital work, but this is why it is so important that we get the fee charging regime right—to ensure that the regulator is properly resourced. As we have discussed today, on Second Reading and in the other place, the regulator needs the teeth to be able to do its job, and a huge part of that is resourcing. He is right that, effectively, we are tidying the legislation up to make it a bit neater and ensure further clarity, so I hope he will support these amendments.
Amendment 1 agreed to.
Amendment made: 2, in clause 4, page 4, line 16, at end insert—
‘(7) In section 202 of the Housing and Regeneration Act 2008 (inspections: supplemental) omit subsections (4) to (7).’—(Dehenna Davison.)
This amendment repeals the provisions of the Housing and Regeneration Act 2008 which provide specific powers to enable the regulator to charge registered providers of social housing fees for inspections.
Clause 4, as amended, ordered to stand part of the Bill.
Clause 5
Relationship between regulator and housing ombudsman
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
I thank the hon. Gentleman, and I fully understand his point. I met with senior staff from the housing ombudsman yesterday, and we were talking precisely about the ways in which the respective roles operate and how they could be clarified. What these examples seek to illustrate is that there is still an obvious risk of overlap and duplication of roles in respect of these two bodies. One could argue, as the hon. Gentleman just has, that those issues can be resolved by means of updating the non-statutory memorandum of understanding that already sets out the functions of both organisations and how they work together, but that throws up two distinct issues in and of itself.
First, is it appropriate for us to leave these matters to the two bodies themselves to resolve, rather than clarifying on the face of the Bill the precise role of each body in the new regulatory regime, so as to avoid the duplication of functions and potential gaps in coverage—even if only in the short term, before they update that memorandum of understanding to reflect the new regulatory system of proactive consumer regulation?
Secondly, I am sure that hon. Members have been contacted by tenants who are aware that the Bill is progressing through the House. The expectations around the Bill are such that, after it receives Royal Assent, tenants who feel that they have not secured appropriate redress by means of a standard complaint to their landlord and believe that their grievance might be systemic in nature will understandably be uncertain about whether they should approach the ombudsman or the regulator with their complaint. I appreciate that the Department is alive to the risk, has produced guidance in the form of a fact sheet and is apparently delivering a communications campaign to tenants so that they know where to go and are well informed but, without greater clarity prior to Royal Assent about the precise roles of each body in the regime established by the Bill, I fear that neither will be sufficient to prevent a large degree of confusion. When debating this matter in the other place, Baroness Scott of Bybrook conceded that fears about confusion of the kind that I alluded to are legitimate, and that greater clarity is required as a result; yet, despite her promise to take the matter back to the Department, the Government are not amending the Bill to provide greater clarity or committing to take any further concrete steps—that I am aware of, at least—to ensure that confusion will be avoided.
As Shelter and others have argued, it is essential that the roles of the regulator and the housing ombudsman are clearly defined, that tenants and tenant groups understand the appropriate way to make complaints and that any complaints process or system is easy to use, accessible and effective. I would be grateful if the Minister provided greater clarity today and, if not today, in writing. I hope that, in general terms, she will assure me that the issues that I have highlighted will be both considered and acted on by the Department before the Bill receives Royal Assent.
Dehenna Davison
I am grateful to the shadow Minister for raising his concerns and giving me the opportunity to provide some clarity. We will take it from the experience of one particular tenant, if we may. If a tenant has a complaint, they should first go to their landlord but, if that complaint cannot be resolved between tenants and the landlord, it can be escalated to the housing ombudsman to investigate individual complaints from tenants. If the ombudsman’s investigation finds instances of maladministration on the part of the landlord, the ombudsman can issue orders to that landlord to put things right for the complainant. That can include requiring the landlord to pay compensation to the complainant or to undertake repairs.
If an investigation raises a potential breach of a regulatory standard or there is evidence of systemic failure by the landlord, the ombudsman can refer the matter to the regulator. In situations where the regulator has concerns that the provider is failing to maintain the premises in accordance with the regulatory standards, it can conduct a survey and, following the implementation of this Bill, arrange for emergency repairs to remediate the issue in cases where there is a risk of serious harm to tenants that is not being addressed by the landlord.
Matthew Pennycook
We are testing the patience of Sir Edward and the rules, but the point my hon. Friend highlights is a genuine one about the complication of legal matters and whether tenants abandon complaints at whatever point, which I hope adds to the weight of the point that I have just made. It is not immediately clear, and we have to be clear with, most importantly, tenants once this Bill is in force about where they go and how they can seek redress under the provisions of the Bill as quickly as they need to. As I said, in the case of clause 31, the process the Minister has described does not seem like it is fast enough to ensure that emergency remedial action of the kind provided for by clause 31 will happen. I hope the Government will take this and those other points away.
Dehenna Davison
Again, I am grateful to the shadow Minister and to the hon. Member for Mitcham and Morden. On the shadow Minister’s point about communications ensuring that tenants know where to go and how this process works, we have been working with organisations that represent landlords, social housing residents and the housing ombudsman service. We delivered communications and marketing campaigns in 2021 and this year to ensure that social housing residents were aware of how to make a complaint and how to seek redress where appropriate. We are putting in the work through communications to ensure that tenants understand the process, but I have heard his points on timeliness and I will endeavour to take that away.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clauses 6 to 9 ordered to stand part of the Bill.
Clause 10
Appointment of health and safety lead by registered provider
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
Clause 10 is not contentious, and we broadly welcome it, but I would appreciate some clarification from the Minister on a specific issue arising from it. At present, proposed new section 126B ensures that
“The functions of the health and safety lead”
are to
“monitor the provider’s compliance with health and safety requirements”
and to notify the provider’s responsible body of any material risk to or failures of compliance, and to advise on steps to ensure the provider addresses them.
As Ministers may be aware, the Local Government Association, among others, has inquired what—if any—channels of communication or reporting mechanisms will exist between the health and safety leads of registered providers and the regulator itself. The LGA also highlighted the obvious need for sufficient new burdens funding in the case of local authority landlords. Will the Minister provide answers today or in writing to the following questions? First, did the Government intend to establish any direct permanent relationship between the regulator and RP health and safety leads? Secondly, what is the rationale for not requiring health and safety leads to report any material risks or failures of compliance directly to the regulator, as well as the responsible body, as a matter of course? Thirdly, can the Minister guarantee that the Government will make sufficient new burdens funding available to local authorities to fully implement the provisions in the clause?
Dehenna Davison
I will follow up in writing with a bit more clarity and specific detail on the questions the shadow Minister has raised.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Clause 11
Electrical safety standards
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
We welcome the Government’s decision, in response to concerns raised during the passage of the Building Safety Act 2022, to carry out a consultation on the introduction of mandatory checks on electrical installations for social housing at least once every five years and to include measures within this Bill to partially implement such checks—only partially, because the section of the Housing and Planning Act 2016 that this clause seeks to amend is concerned with properties let by landlords, not owner-occupier leaseholders. That is an important distinction, for reasons I will explain.
As we know, there is currently no legal requirement in England for social landlords or leaseholders to undertake electrical safety checks of their dwellings. The situation is distinct from that in the private rented sector, where the Housing and Planning Act introduced mandatory safety checks on electrical installations at least once every five years.
We know that fires in numerous tower blocks, including Grenfell, Shepherd’s Court, and Lakanal House, were caused by electricity. Home Office fire data shows a consistently high level of accidental electrical fires in high-rise buildings with 10 or more flats. Campaign groups such as Electrical Safety First have been at pains to stress that those buildings were mixed-tenure buildings containing an assortment of owner-occupier leasehold and social rented units and that there is therefore a case, given that the fire safety of a building depends on the safety of all the units within it, for ensuring parity in electrical safety standards across all tenures in high-rise residential blocks.
The Government’s own consultation on this issue noted that the National Federation of ALMOs supported introducing electrical safety requirements for owner-occupiers in mixed-tenure blocks and highlighted that properties being considered by authorities for London’s right to buy-back programme often have electrical installations that are
“in a state of significant disrepair.”
Given that we know that many high-rise social housing blocks contain owner-occupied flats owned on a leasehold basis, it surely cannot be right that a leaseholder living next door to a social renter will not have their electrical installations mandated to be checked every five years. To put it another way, what good is having the electrical installations of two thirds of a building checked every five years if the other third is not? The risk of a potentially life-threatening fire obviously does not discriminate by tenure.
Matthew Pennycook
I thank the hon. Gentleman for that point—it is a point well made. I do not have a comprehensive answer to hand. There are provisions in this clause that apply to mandatory electrical safety checks for social rented properties. There are similar requirements in place for the private rented sector. My instinct is that it would seem obvious that those could be applied to the owner-occupier sector in a way that the provisions in the clause perhaps could not be. Whatever way we cut it, what we want to see are mandatory checks on all electrical installations in all units in high-rise buildings, because, as I said, fire does not discriminate between tenure. I hope the Minister will take the points away for further consideration.
Dehenna Davison
The shadow Minister is right to highlight the consultation, which concluded in August. It included a call for evidence seeking views on whether leasehold properties in mixed tenure social housing blocks should have mandatory five-year checks. My hon. Friend the Member for Harrow East was right to say that we need to get this mechanism right to ensure that people living in mixed-use blocks are protected. I am grateful to the shadow Minister for his pragmatism on this point. We are still assessing the responses to the consultation, so it is a bit too early to say what the outcome will be and we do not wish to pre-empt it. However, we will announce further details as the work progresses, and I will endeavour to keep the shadow Minister informed.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Clauses 12 and 13 ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 14 ordered to stand part of the Bill.
Schedule 2 agreed to.
Clauses 15 to 20 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.—(Julie Marson.)
Carbon Emissions (Buildings) Bill
Dehenna Davison Excerpts(1 year, 12 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
I start by putting on record my sincere condolences to Wales for their loss today, and I wish England the best of luck for their match against the USA later. We will all be very much cheering them on.
I sincerely thank my hon. Friend the Member for Broadland (Jerome Mayhew) for introducing the Bill, and for his incredible efforts to raise awareness of embedded carbon in construction. He is a fantastic champion for all things environmental, and has been right from the point of his election; protecting the local environment was part of his election plan, and he has been a great champion for the measures that we are discussing through his work on the Environmental Audit Committee.
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
Given the schedule that we are on today, our time would be best used by allowing the Minister to reply in full, but I congratulate the hon. Member for Broadland (Jerome Mayhew) on his Bill. We support it. I agree with his proposition that industry would welcome further regulation in this area, and I wish him well in his endeavours in this field.
Dehenna Davison
I completely echo the shadow Minister’s sentiments.
As hon. Members will know, the Government considered closely the Environmental Audit Committee’s report, “Building to net zero: costing carbon in construction”, and its recommendations. In our response, we were pleased to set out details of our work in this area, including our plan to consult next year on our approach to measuring and reducing embodied carbon. As we made clear in that response, reducing embodied carbon in construction is critical to meeting our net zero target. I think that all of us across the House can agree on that, but we disagree with my hon. Friend the Member for Broadland about the exact mechanisms and timings for achieving that. That is why, I am sorry to say, the Government cannot support the Bill today. It is not because we disagree with the Bill’s aims, but because ambitious work is already well under way in this area. Passing the Bill ahead of that work would risk adverse effects on our housing supply, on small and medium-sized enterprises and, given the reach of our construction industry and supply chains, on other sectors of the economy.
That said, although we are not supporting this Bill, I am incredibly grateful for my hon. Friend’s enthusiasm, and for keeping this topic at the forefront of our minds. The Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for North East Derbyshire (Lee Rowley), who is responsible for local government and building safety, and officials in my Department are keen to work collaboratively on this vital agenda with my hon. Friend. I know that the Minister is happy to meet my hon. Friend the Member for Broadland to talk through the detail of his work.
On embodied carbon and the work being undertaken, my hon. Friend has already outlined the process for calculating whole-life carbon, so I will not go into that in too much detail, but we do know that the focus until now has been on reductions in operational carbon. As that process happens and we reduce the amount of operational carbon in construction, embodied carbon emissions will start accounting for more of a building’s whole-life carbon emissions. He is therefore absolutely right that we must act with the construction industry to address the issue now. Equally, we cannot be naive about the scale of the challenge ahead of us.
Reducing embodied carbon is exceptionally difficult across the built environment—not just in buildings—which is why the Government have been planning ahead to tackle those emissions head-on. The industrial decarbonisation strategy and the transport decarbonisation plan, for example, set out how large sectors of the economy will decarbonise, and the England trees action plan looks to increase the production of timber, which can be used to replace higher-carbon materials in construction when safe to do so. As those policies take effect and industries that supply construction decarbonise, we expect that in turn the embodied carbon emissions of buildings will fall.
We recognise that those efforts alone will not be enough. As pointed out by both the Climate Change Committee and the Environmental Audit Committee, our choice of materials and how we design and construct buildings will also need to change dramatically.
Ben Everitt
I hope the Minister agrees that we are already taking steps in that direction, and that the future homes standard and the future buildings standard will be a great leap forward in how we set standards for new buildings to be constructed and ensure that new buildings are zero carbon-ready and efficient.
Dehenna Davison
I am grateful to my hon. Friend, who I know is incredibly passionate about construction, building and all things planning and will continue to help champion the agenda in the coming months and years.
I think many in industry would agree that, as hon. Members across the House have highlighted, one of the biggest challenges in tackling embodied carbon right now is a lack of data, because consideration of embodied carbon is relatively new compared with operational carbon for both industry and Government. Without enough information at product and building level, industry cannot make decisions about design and construction, and the Government cannot establish the right benchmarks or targets, either.
Jerome Mayhew
It is generous of the Minister to give way. Given that data is what the Government need, does she not agree that the format of the Bill, which is to report now—deliver data—and decide later, in 2027, serves the purpose of providing the data that the Government need so they can make an informed decision as part of the Bill?
Dehenna Davison
I am grateful to my hon. Friend for his contribution. I know that was the intent of the design of the Bill—we have discussed that before today. The important thing to note is that we will be consulting not just on how we reduce embodied carbon but on how specifically we go about gathering that data, because that data collection will be so important in ensuring that we can decarbonise embodied carbon. I hope he will appreciate that that is one of the reasons why we are keen to consult before we take any further action.
I want to quickly highlight some of the contributions made by hon. Members across the House. My hon. Friend the Member for Darlington (Peter Gibson) raised some fantastic points about broader decarbonisation and asked some questions about decarbonisation within existing housing stock. I know that we are pressed for time, so I will write to him with some further details on that.
My hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) was absolutely right to highlight that the Government are on the side of those who want to decarbonise. For all the rhetoric, this Conservative Government’s action on decarbonisation has been exemplary, and some of the small examples highlighted by hon. Members during this short debate have really shown that. I note that he mentioned the ever-famous “Stop the Stink” campaign, about which he is so passionate, and it would be remiss of me not to mention his incredible campaigning on that.
Finally, my hon. Friend the Member for Scunthorpe (Holly Mumby-Croft) talked about the planning framework as being incredibly important on the decarbonisation agenda. She is absolutely right, and I congratulate her and North Lincolnshire Council on their brilliant progress on that. It would be remiss of me not to thank her for her stellar work in championing the British steel industry and, in particular, the steelworks in Scunthorpe in her own constituency, on which she has been and is an incredibly passionate campaigner.
I will conclude, in the hope that others may make a brief contribution, and in the hope that my short speech has explained some of the system’s complexity and why the Government cannot support the Bill today, even though we empathise with the sentiments and ambition underpinning it. We are concerned that passing such legislation now could bounce the industry into making changes for which it is not fully prepared. In the current context, at a time when the SMEs that depend on this industry are struggling and facing a hard time, the industry may not be able to afford these changes. We do not want to run the risk of negatively affecting the industry and the market in ways that we do not intend, which is why consulting seems like the most practical and sensible solution.
I reiterate my thanks to my hon. Friend the Member for Broadland for all his dedicated work in introducing this Bill. Again, I make it crystal clear that the Government’s opposition to the Bill is in no way a dismissal of the seriousness of the issue or of our commitment to tackling it. Officials in my Department are working with many of the supporters of this Bill to carry on the essential work of measuring and reducing embodied carbon in construction.
Together, I believe we can adopt the right approach that lets industry and markets properly prepare for change, while not letting up in our fight to tackle carbon emissions, to win the race to net zero and to build the cleaner, greener homes and buildings this country needs.