Death of Awaab Ishak and Rochdale Boroughwide Housing

Dehenna Davison Excerpts

Thursday 24th November 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

I thank the hon. Member for Rochdale (Tony Lloyd) for securing this incredibly important debate and for his heartfelt contribution. Seeing a case like this has shocked all of us right across the country. To have it happen in his constituency must feel incredibly personal, so I am grateful to him for raising it with the House today.

I know that Members across the House and people right across the country were, and still are, completely horrified by the monumental failings that led to the death of a small boy before he even reached his second birthday. As Members have rightly highlighted, Awaab’s parents had repeatedly raised their concerns about the dire state of their home with their landlord, the local housing association Rochdale Boroughwide Housing, only for those multiple and repeated complaints to fall on deaf ears. Instead of acting on the clear evidence of damp and mould, Awaab’s family were given no choice but to raise their young boy in a mould-infested flat. Rochdale Boroughwide Housing’s failure to heed the family’s pleas—pleas made by Awaab’s father as early as 2017—was an awful dereliction of duty. If that failure in itself was not bad enough, the apparent attempts by Rochdale Boroughwide Housing to assign blame for the damp to the actions of Awaab’s parents were insensitive and deeply unprofessional.

As was raised by the hon. Member for Bury South (Christian Wakeford), the comments about “lifestyle” were completely unacceptable. The housing ombudsman was absolutely right to squash that assertion, reiterating that damp and mould in rented housing is not a lifestyle issue. Members today have highlighted that prejudice. It is our duty, as Members of this House and as Government Ministers, to call out any behaviour rooted in ignorance and prejudice. I take this opportunity to extend my sincere thanks to the coroner, Joanne Kearsley, who undertook a vital public service in her meticulous piecing together of the facts behind this devastating incident.

Nothing will bring back the life of Awaab, but this investigation has given us all a chance to deliver some small justice to the parents of this young boy and to enact reforms that help us provide the high-quality social housing that this country desperately needs. I know I speak for everyone when I say that blaming nuances and technicalities will not wash. What took place in Rochdale were monumental, inexcusable failings. As the Secretary of State for Levelling Up, Housing and Communities told the House last week, we have acted quickly and decisively off the back of the coroners’ findings and are continuing to push for urgent explanations and action from those involved.

First, we demanded answers from the chair and the chief executive of Rochdale Boroughwide Housing. Much of the accountability clearly sits with the leadership of RBH. My right hon. Friend was spot on when he said that it “beggared belief” that the now former chief executive Gareth Swarbrick attempted to stay in post. While it is right that RBH recognised that the chief executive’s position was no longer tenable, the housing mutual still has serious questions to answer about the basic condition of its housing stock. My hon. Friend the Member for Heywood and Middleton (Chris Clarkson) said that even today he is still discovering new cases of terrible conditions within that housing stock. I would be grateful if he, and other Members with such examples, shared them with us in the Department.

[Tony Lloyd]

We are very much in the same place on this. What is astonishing is that, two years on from Awaab’s death, one would think that mould in these properties would be such a high priority that it would be hard to find. In fact, if the Minister walks around the estate with me or the hon. Member for Heywood and Middleton, she will see that mould is still there in huge quantities.

[Dehenna Davison]

The hon. Gentleman is absolutely right. If we can gather further examples of this, it will help us in the Department.

Secondly, we have asked to see what concrete steps RBH is putting in place to immediately improve the living conditions of the tenants for whom they are still responsible. Thirdly, our ministerial team is planning to meet not only Awaab’s family but those who live on the Freehold estate to stress the fact that Government are in their corner. Fourthly, the Regulator of Social Housing is considering whether this landlord has systematically failed to meet the standards of service required to provide for its tenants. The hon. Member for Rochdale asked whether this would constitute an inquiry. I would not want to commit another Minister, given that this would fall within their brief, but I will take this away and raise it with them urgently, and I am happy to engage with the hon. Member further on that point.

While our focus is absolutely on delivering justice for Awaab, all of us recognise that this is not an isolated incident; the problem is much bigger than one flat in Rochdale. As we gather here today, thousands of people across the country are stuck in homes that are not fit for human habitation. I believe the coroner spoke for everyone when she said that it was scarcely believable that a child could die from mould in 21st-century Britain. It was a damning statement that reinforced the urgent need for the kinds of reforms we have been working hard to get on to the statute book.

The reforms we are bringing forward—measures designed to hold landlords to account and make sure their tenants are treated with fairness and dignity—can help us make Awaab’s death a watershed moment for housing in this country. And we are making progress. A fortnight ago, this House debated the Second Reading of the Social Housing (Regulation) Bill, which is designed to learn some of the incredibly painful but necessary lessons of the Grenfell Tower fire in 2017—a tragedy that shone a terrifying spotlight on the dreadful experiences of tenants in that tower block ahead of the fire.

Grenfell tenants had spent years lobbying for basic changes to their building to make their homes liveable and safe. Their voices, like those of Awaab’s family, were kept on mute before disaster struck, so we set about making sure that that never happens again, with a strengthened housing ombudsman service to empower tenants by making sure their voices are truly heard. As part of that, we changed the law so that residents can now complain directly to the ombudsman, instead of having to wait eight weeks while their case was handled by a local MP or another designated person.

It is one of the main jobs of the housing ombudsman service to make sure that robust complaint processes are in place, so that problems can be resolved as soon as they are flagged. In cases where landlords have clearly mistreated their residents, it can order landlords to pay compensation. If necessary, it can refer cases to the Regulator of Social Housing. Through the Social Housing (Regulation) Bill, we are strengthening the powers of the regulator, so that where there is a serious risk to tenants and the landlord has failed to take necessary action, it can issue unlimited fines to rogue landlords, enter properties with only 48 hours’ notice and make emergency repairs, with landlords footing the bill. The hon. Member for Rochdale asked about resourcing for the regulator. In this financial year, we have put in an additional £4.6 million to ensure that the regulator can operate, with more funding to come as we go further in designing how it will operate. I hope that provides him with some reassurance.

But all the reforms in the world will be worth nothing if people do not know that they have rights to begin with. Awaab’s case, which never went before the ombudsman, shows that we can and must do more as a Government to promote this service and make sure it reaches those who need it. The Government have already run a nationwide “Make Things Right” campaign to raise awareness and tell social housing tenants how they can go about making complaints, and that has now reached millions of social housing tenants. We are working up another targeted, multi-year campaign, so that everyone living in the social housing sector knows their rights and knows how to exercise them. Where some providers have performed poorly in the past, they have been given plenty of opportunities to change their ways and start treating residents with the respect they deserve. I think that we are all in agreement that the time for empty promises has to be brought to an end.

The Department will help to do that by naming and shaming those who have been found by the regulator to have breached consumer standards or who have been found by the ombudsman to have committed severe maladministration. I am sure that many hon. Members will have seen that that work is already well under way, with the Secretary of State writing to all local authorities over the weekend to set out the expectation that they will act quickly to resolve poor housing conditions in their area. He also separately wrote to all providers of social housing and made it abundantly clear that our expectation is that they will take all complaints about damp and mould seriously, act swiftly to rectify them, and be prepared to respond to a request from the Regulator of Social Housing on the extent of damp and mould issues.

Finally, I will touch on standards. Although the pictures of damp and mould in social housing across the country leave us in no doubt that many properties fall well below the standards that we expect social landlords to meet, Awaab’s death has made it painfully clear why we must do more to better protect tenants. Our Social Housing (Regulation) Bill will bring in a rigorous new regime that holds such landlords to account for the decency of their homes.

In the months ahead, we all have a chance to upend the appalling status quo and deliver a new deal for social housing tenants in the UK. I want to be clear that this is not about bashing all landlords and tarnishing them with the same brush—we have many fantastic landlords and housing associations in this country that treat tenants with the kindness and respect they deserve. It is about raising standards across the board and ensuring that every tenant has the chance to live in dignity.

I echo the praise of the hon. Member for Manchester, Gorton (Afzal Khan) for the incredible work of the Manchester Evening News in raising awareness. As the hon. Member for Rochdale said at the end of his speech, we have to do everything we can to ensure that nothing like this ever happens again.

Question put and agreed to.

Levelling-up and Regeneration Bill

Dehenna Davison Excerpts

Report stage
Wednesday 23rd November 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government new clause 62—Functions in respect of key route network roads.

Government new clause 65—Participation of police and crime commissioners at certain local authority committees.

New clause 1—Power to provide for an elected mayor—

(1) Part 1A of the Local Government Act 2000 is amended as follows.

(2) After section 9K insert—

“9KA Power to provide for an elected mayor

(1) The Secretary of State may by regulations provide for there to be a mayor of a local authority.

(2) Before making regulations under subsection (1), the Secretary of State must publish a report which contains—

(a) an assessment of why it is in the interests of economy, efficiency, effectiveness or public safety for the regulations to be made, and

(b) a description of any public consultation the Secretary of State has carried out on the proposal for the regulations to be made.””

This new clause would allow the Secretary of State to provide for there to be a mayor of any local authority if they deem appropriate.

New clause 2—Resignation requirements for MPs serving as elected mayors—

“(1) The Police Reform and Social Responsibility Act 2011 is amended in accordance with subsection.

(2) In section 67 (Disqualification of person holding office as police and crime commissioner), leave out paragraph (a).

(3) Schedule 1 to the House of Commons Disqualification Act 1975 is amended as follows.

(4) In Part 3 (Other Disqualifying Offices), at the appropriate place insert—

‘Mayor who is to exercise the functions of police and crime commissioner’”.

This new clause would allow an MP who is elected as a mayor who is to exercise the functions of a police and crime commissioner to remain as an MP until the next parliamentary election.

New clause 4—Housing Act 1985—

“In section 618 of the Housing Act 1985 (The Common Council of the City of London), omit subsections (3) and (4).”

This new clause would correct a disparity which applies uniquely to Members of the City of London’s Common Council in relation to their ability to discuss or vote on local authority matters relating to land, for example housing, by removing a prohibition on participating on such matters.

New clause 7—Council tax: properties of multiple occupancy—

“(1) The Local Government Finance Act 1992 is amended as follows.

(2) In section 3 (meaning of “dwelling”), after subsection (4A), insert—

‘(4B) Subject to subsection (6) below, the following property is not a dwelling—

(a) a room or bedroom subject to a tenancy agreement that does not contain bathroom and cooking facilities within its physical curtilage;

(b) a room or bedroom subject to a tenancy agreement which includes bathroom facilities but does not include cooking facilities within its physical curtilage;

(c) any rooms or bedrooms within a licensed House of Multiple Occupancy; and

(d) any room which is not in law a self-contained unit regardless of any clause, term or condition of any contract, license of agreement conferring a right to occupy that room.’”

This new clause is intended to prevent the imposition of Council Tax individually on tenants of a room in a house with shared facilities, or in a licensed House of Multiple Occupancy.

New clause 41—Duty to provide sufficient resources to Combined Authorities and Combined County Authorities—

“(1) This section applies where the Government has committed funding to a Combined Authority or a Combined County Authority in order to deliver a specific project.

(2) The Secretary of State must provide commensurate financial resources to a Combined Authority or a Combined County Authority to enable the delivery of the project mentioned in subsection (1) as agreed in full.

(3) The Secretary of States must, by regulations, amend the value of this funding to reflect inflation.”

This new clause would commit the Government to fully funding combined authority and combined county authority projects they have committed to in the case that costs rise due to inflation.

New clause 45—Local authorities to be allowed to choose their own voting system—

“(1) The Secretary of State must by regulations provide that local authorities may choose the voting system used for local elections in their areas.

(2) When determining whether to seek to introduce a new voting system a local authority must have regard to the benefits of reinvigorating local democracy in its area.

(3) Regulations under this section must provide that local authorities may choose to elect councillors—

(a) by thirds, or

(b) on an all-out basis.

(4) Regulations under this section must provide that local authorities may choose to elect councillors using—

(a) first-past-the-post;

(b) alternative vote;

(c) supplementary vote;

(d) single transferable vote;

(e) the additional member system;

(f) any other system that may be prescribed in the regulations.

(5) Regulations under this section may make provision about—

(a) how a local authority may go about seeking to change its voting system,

(b) the decision-making process for such a change,

(c) consultation, and

(d) requirements relating to approval by the local electorate.”

This new clause would enable local authorities to choose what voting system they use for local elections.

New clause 46—Review into business rates system—

“(1) The Chancellor of the Exchequer must undertake a review of the business rates system.

(2) The review must consider the extent to which the business rates system—

(a) is achieving its objectives,

(b) is conducive to the achievement of the levelling-up and regeneration objectives of this Act.

(3) The review must consider whether alternatives of local business taxation would be more likely to achieve the objectives in subsections (2)(a) and (b).

(4) The review must in particular consider the effects of business rates and alternative local business taxation systems on—

(a) high streets, and

(b) rural areas.

(5) The review must consider the merits of devolving more control over local business taxation to local authorities.

(6) The Chancellor of the Exchequer must lay a report of the review before parliament before the end of the period of one year beginning with the day on which this Act is passed.”

This new clause would require the Secretary of State to review the business rates system.

New clause 70—Duties in connection with the European Framework Convention for the Protection of National Minorities—

“(1) The Cities and Local Government Devolution Act 2016 is amended in accordance with subsection (2).

(2) In section 16 (Power to transfer etc public authority functions to certain local authorities), after subsection (1) insert—

‘(1A) In deciding how and whether to exercise his power under section 16(1), the Secretary of State must have regard to the existence, within a local authority area, of a national minority as defined by the European Framework Convention for the Protection of National Minorities.’”

New clause 71—Extending level 3 devolution deals—

“(1) The Secretary of State must, by regulations, make provision for local authorities to be granted a Level 3 devolution deal, without the requirement for a directly-elected leader across the entire authority.

(2) When making regulations under subsection (1), the Secretary of State must have regard to the benefits of such a devolution arrangement given any existence, within a local authority area, of a national minority, as defined by the European Framework Convention for the Protection of National Minorities.”

New clause 34—Review of compulsory purchase powers—

“(1) The Secretary of State must undertake a review of whether the powers of compulsory purchase available to—

(a) local authorities, and

(b) the Secretary of State

are adequate to meet the objectives of this Act.

(2) In undertaking the review the Secretary of State must, in particular, consider—

(a) whether existing statutory time limits for compulsory purchase action are appropriate,

(b) other means of accelerating compulsory purchase action with particular reference to properties to which subsection (3) applies, and

(c) the adequacy of compulsory purchase powers in relation to properties to which subsection (3) applies.

(3) This subsection applies to—

(a) properties that have been unoccupied for a prolonged period (with reference to the vacancy condition in section 152), and

(b) buildings of local public importance such as hotels and high street properties.”

This new clause would require the Government to review powers of compulsory purchase and whether they are adequate to meet its levelling-up and regeneration objectives.

New clause 74—Commencement of Section 81 of the Police Crime Sentencing and Courts Act—

“The Secretary of State must, by regulations, bring into force the provisions in Section 81 of the Police, Crime, Sentencing and Courts Act 2022 no later than 31st December 2022”

New clause 75—Review of the effectiveness of the Housing First Scheme—

(1) The Secretary of State must establish an annual review of His Majesty’s Government’s progress on reducing homelessness.

(2) The review must include an assessment of—

(a) whether the Housing First scheme is achieving its objectives,

(b) the support provided to local authorities to meet their homelessness duties,

(c) the merits of ensuring that local authorities have at least one provider of the Housing First model, and

(d) the Government’s progress towards ending rough sleeping.

(3) The Secretary of State must prepare reports on these reviews in accordance with this section.

(4) The first report under subsection (3) must be laid before each House of Parliament before the end of a period of one year beginning on the day when this Act was passed.

(5) After a report has been laid before Parliament under subsection (4), the Secretary of State must publish it as soon as is reasonably practicable.”

New clause 76—Publication of the Consultation on the Vagrancy Act—

“(1) The Secretary of State must, before the end of 2022, publish a report setting out the results of the Review of the Vagrancy Act: consultation on effective replacement.

(2) he report under subsection (1) must, in particular, set out—

(a) how to replace the offences in the Vagrancy Act which prohibit begging and rough sleeping in an appropriate way that prioritises getting individuals into support, and

(b) the Government’s legislative plan to support these changes.

(3) The Secretary of State must lay a copy of the report in subsection (1) before both Houses of Parliament.”

New clause 82—Standards Board for England—

“(1) There is to be a body corporate known as the Standards Board for England (“the Standards Board”).

(2) The Standards Board is to consist of not less than three members appointed by the Secretary of State.

(3) In exercising its functions the Standards Board must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of local authorities in England.

(4) The Secretary of State must by regulations make further provision about the Standards Board.

(5) Regulations under this section must provide for—

(a) a code of conduct of behaviour for members and co-opted members of local authorities in England,

(b) the making of complaints to the Standards Board a member or co-opted member has failed to comply with that code of conduct,

(c) the independent handling of such complaints in the first instance by the Standards Board,

(d) the functions of ethical standards officers,

(e) investigations and reports by such officers,

(f) the role of monitoring officers of local authorities in such complaints,

(g) the referral of cases to the adjudication panel for England for determination,

(h) about independent determination by the adjudication panel its issuing of sanctions,

(i) appeal by the complainant to the Local Government and Social Care Ombudsman,

(j) appeal by the member or co-opted member subject to the complaint to the Local Government and Social Care Ombudsman, and

(k) the governance of the Standards Board.

(6) In making regulations under this section the Secretary of State must have regard to the content of Chapter II (investigations etc: England) of Part III (conduct of local government members and employees) of the Local Government Act 2000, prior to the repeal of that Chapter.

(7) The Standards Board—

(a) must appoint employees known as ethical standards officers,

(b) may issue guidance to local authorities in England on matters relating to the conduct of members and co-opted members of such authorities,

(c) may issue guidance to local authorities in England in relation to the qualifications or experience which monitoring officers should possess, and

(d) may arrange for any such guidance to be made public.”

This new clause seeks to reinstate the Standards Board for England, which was abolished by the Localism Act 2011, but with the removal of referral to standards committees and the addition of appeal to the Local Government Ombudsman.

New clause 84—Levelling-up mission: adult literacy—

“(1) Each statement of levelling-up missions must include an objective relating to reducing geographical disparities in adult literacy.

(2) In pursuance of the objective in subsection (1), the Secretary of State must, during each mission period, review adult literacy levels in the UK, to inform measures with the purpose of reducing geographical disparities in adult literacy and eradicating illiteracy in adults.

(3) The findings of any review under this section must be published in a report, which must be laid before Parliament.

(4) When a report under this section is laid before Parliament, the government must also publish a strategy setting out steps it intends to take to improve levels of adult literacy and eradicate illiteracy in the UK.”

This new clause would require the government to include the reducing of geographical disparities in adult literacy as one of its levelling up missions, and it would require them, during each mission period, to review levels of adult literacy in the UK, publish the findings of that review and set out a strategy to improve levels of adult literacy and eradicate illiteracy in the UK.

Amendment 8, in clause 1, page 1, line 14, at end insert—

“(c) the independent body that His Majesty’s Government proposes to use to evaluate progress in delivering those levelling-up missions (‘the independent evaluating body’).”

This amendment would place a responsibility on the Government to commission an independent body to scrutinise their progress against levelling-up missions.

Amendment 9, page 1, line 14, at end insert—

“(c) the resources made available by His Majesty’s Government to nations, regions, sub-regions and local areas in order to level-up.”

This amendment would place a responsibility on the Government to publish the resources made available to communities in order to level-up.

Amendment 71, page 1, line 14, at end insert—

“(c) details of how His Majesty’s Government will ensure that the levelling-up missions are aligned with the United Nations Sustainable Development Goal to end hunger and ensure access by all people, in particular the poor and people in vulnerable situations, including infants, to safe, nutritious and sufficient food all year round.”

This amendment would require that levelling-up missions align with the United Nations Sustainable Development Goal to end hunger and ensure access by all people to safe and nutritious food.

Amendment 69, page 1, line 14, at end insert—

“(2A) The first statement of levelling-up missions must include a requirement that by 2030 the number of people successfully completing high-quality skills training will have significantly increased in every area of the UK.

(2B) For the purposes of subsection (2A), ‘high-quality skills training’ must include training for the purpose of proactively supporting workers in high-carbon industries wishing to transition to careers in the green energy sector, with cross-sector recognition of skills and regardless of their current contract status.”

Amendment 70, page 1, line 14, at end insert—

“(2A) The first statement of levelling-up missions must include a mission to expand public access to waterways, woodlands, Green Belt and grasslands and reduce geographical inequalities in access to open access land.

(2B) In this section, “waterways” includes any river, stream, lake, pond, canal or other waterway physically capable of navigation, and any such river banks or land adjacent as necessary for the act of navigation and for other purposes incidental to navigation or to bathe.

(2C) A levelling-up mission under this section must be accompanied by a statement of the Government’s legislative plan to support the mission, including proposals to amend the Countryside and Rights of Way Act 2000.”

Amendment 72, page 2, line 3, at end insert—

“(3A) The mission progress methodology and metrics must include the following indicators—

(a) prevalence of undernourishment in the population, and

(b) prevalence of moderate or severe food insecurity in the population, based on the Food Insecurity Experience Scale (FIES).”

This amendment would require that the mission progress methodology and metrics include the prevalence of under-nourishment and the prevalence of food insecurity in the population.

Amendment 10, page 2, line 6, at end insert—

“(4A) A statement of levelling-up missions must be accompanied by an action plan which sets out details of how His Majesty’s Government intends to deliver these missions by the target date.”

This amendment would require the Government to publish an action plan alongside a statement of levelling-up missions which sets out how they will deliver the missions.

Amendment 11, in clause 2, page 3, line 7, leave out subsections (4) and (5).

This amendment would remove the provision allowing the Secretary of State to discontinue a levelling-up mission.

Amendment 12, in clause 3, page 3, line 28, leave out “120” and insert “30”.

This amendment would reduce the period of time by which a report under section 2 must be laid before each House of Parliament to 30 days.

Amendment 13, page 3, line 32, leave out “120” and insert “30”.

See explanatory statement to Amendment 12

Amendment 14, page 4, line 2, leave out clause 4.

This amendment would remove the provision allowing a Minister to make changes to mission progress methodology and metrics or target dates.

Amendment 64, in clause 4, page 4, line 18, leave out from “which” to end of line 19 and insert—

“both conditions in subsection (4) have been met.

(4) The conditions are that—

(a) the House of Commons,

(b) the House of Lords

have passed a Motion in the form in subsection (5).

(5) The form of the Motion is—

That this House approves the revisions to the levelling-up mission progress methodology and metrics or target date made under section 4 of the Levelling-up and Regeneration Act 2022 and laid before Parliament on [date].”

Amendment 15, in clause 5, page 5, line 18, at end insert—

“(ca) state whether the independent evaluating body considers that pursuing the levelling-up missions in that statement is effectively contributing to the reduction of geographical disparities in the United Kingdom,”

This amendment would require the report on a review of statements of levelling-up missions to include the assessment of the independent evaluating body.

Amendment 16, page 6, line 5, leave out from “which” to end of subsection (11) and insert—

“both conditions in subsection (12) have been met.

(12) The conditions are that—

(a) the House of Commons, and

(b) the House of Lords

has passed a Motion of the form in subsection (13).

(13) The form of the Motion is—

That this House approves the revisions to the statement of levelling-up missions made under section 5 of the Levelling-up and Regeneration Act 2022 and laid before Parliament on [date].”

This amendment would require both Houses of Parliament to approve revisions to the statement of levelling-up missions to be approved by both Houses of Parliament before they have effect.

Amendment 17, page 12, line 24, leave out clause 16.

Government amendments 29, 45 and 46.

Amendment 18, in clause 52, page 45, line 16, leave out “may” and insert—

“must, within 6 months of the day on which this Act is passed,”.

This amendment would require the Secretary of State to produce guidance on the establishment and operation of CCAs within 6 months of this Act receiving Royal Assent.

Amendment 19, page 50, line 24, leave out clause 58.

This amendment would remove Clause 58, which allows an elected mayor to assume policing responsibilities without the consent of the combined authority.

Government amendments 47, 40 to 44, 1, 60, 51, 61 and 62.

[Dehenna Davison]

It is a pleasure to be here for the next stage of this vital Bill. My right hon. Friend the Secretary of State recently set out his guiding principles for the Bill: beauty, infrastructure, democracy, environment and neighbourhoods—or, for acronym fans, BIDEN. We want to ensure that people across the country have the opportunity to live and work in beautiful places, supported by the right infrastructure, with strong locally accountable leadership and with better access to an improved environment, all rooted in thriving neighbourhoods of which they can be proud. Regrettably, though, there are areas of the country that are long neglected and that will require a concerted effort from us all. We have to put an end to the shameful waste of potential that has held so many of our constituents and our country back for so long.

This is why the ambitions set out in the levelling up White Paper are so crucial. If we are going to achieve our ambitions, we have to be focused. That is why the first part of the Bill creates a self-renewing national focus on this endeavour, through the setting of and reporting on missions to level up. These missions, with their clear, measurable objectives, will drive the action needed to reduce geographic disparities. One such mission is our vision for devolution across England. This is why the Bill creates a new model for devolution: the combined county authority. It also improves existing models thought the combined authority and county deal models, making devolution easier to achieve, extend and deepen.

[Mr Clive Betts (Sheffield South East) (Lab)]

One of the disappointments with this Bill is that, although it extends the principle of combined authorities to county areas, it does not actually transfer any new powers to local government as a whole that are not currently available in some authorities. Could the Minister point out one place in the Bill where a new power that is currently not devolved to local government will be devolved after the Bill is passed?

[Dehenna Davison]

The Chair of the Select Committee is a passionate campaigner on these issues. He will know that the Government are incredibly keen on empowering local areas to take on their own devolution deals, and that is why we are in the process of negotiating a large number of deals, including trailblazer deals with Greater Manchester and with the West Midlands, which I know Members right across the House are incredibly passionate about. We are looking at new powers and new funding to ensure that those devolution deals deliver for local people.

We are making it easier to achieve, to extend and to deepen devolution. At the same time, the Bill is making it easier for local authorities to regenerate their areas by providing them with new and improved tools for that purpose, including a new locally led model for urban development corporations, changes to ensure that any former development corporation can have conferred on it the functions most useful to its purpose, and improvement to the compulsory system to remove barriers so that authorities can assemble land, including brownfield land.

[Mr Betts]

Often, when compulsory purchase powers are used by local authorities, the value of the site they are purchasing is enhanced because they are using those powers and the owner of the site gets a “hope value” addition to what they receive. Would the Minister consider ensuring that, where a CPO has been put in place, no extra value is generated for the owner because the CPO itself is operated or because it is part of a regeneration site as a whole?

[Dehenna Davison]

I am happy to discuss that with the hon. Member in further detail following the debate today. It is certainly something that we are exploring behind the scenes with a view to taking action at a later date.

We are also looking at introducing discretion for local authorities to increase council tax on second homes and long-term empty homes, together with innovative high street rental auctions to tackle the damage that the gradual erosion of high street occupancy can cause.

Hon. Members will recall that the Government have already made provision for the full repeal of the Vagrancy Act 1824. As the Secretary of State has said, the Vagrancy Act is outdated and has to go. This Bill was introduced initially with a placeholder clause, allowing for a replacement to the Act to be added. During the passage of the Bill, however, we have listened to the depth of feeling from Members across the House, and particularly from my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), who has campaigned passionately on this issue. After working with Members across the House and having reflected on the right approach to the replacement legislation, I have tabled amendments to remove the placeholder clause. I can commit to the House that the Government will not bring forward any amendments to the Bill on this subject. We will, though, be working with the Home Office to make sure that the police and others have the tools they need to protect communities and ensure that people feel safe.

[Nickie Aiken (Cities of London and Westminster) (Con)]

I absolutely welcome the Government’s action on this. Does the Minister agree that the best way to deal with the street population is through proper outreach and not through criminalising their behaviour?

[Dehenna Davison]

I completely agree with that sentiment. Any new legislation that may be introduced at a future date will not be looking to criminalise anyone for just being homeless. That is a firm commitment that I can make here today. My hon. Friend is absolutely right. Let us look at the Government’s rough sleeping strategy as an example, and at the other ways we can outreach to ensure that those who find themselves homeless, often through no fault of their own, find the support they need to get back on their feet.

On vagrancy, my colleagues and I look forward to continuing to work with Members across the House on our goal of ending rough sleeping and ensuring that people in need receive appropriate support to help them move away from life on the streets for good.

Strengthening our communities also means strengthening local leadership. We all know from our constituencies that Whitehall, however well intentioned, cannot always understand a community as well as the local people who live and work within it, so our ambition is for local areas to determine their own futures, allowing local leaders to take charge and enable their communities to thrive. We therefore want to offer the option of a devolution deal with a directly elected leader to every part of England that wants one by 2030, creating clear local leadership and greater accountability for any new powers conferred on them.

Members will recall that the Bill puts in place a framework to achieve this by creating a new model of combined authority—a combined county authority—which is more suitable for areas outside urban centres. This means that areas and communities everywhere, not just in major cities, can benefit from bespoke devolution deals that work for them. Providing these opportunities for all communities across England will increase innovation and enhance local accountability. This in turn will lead to more co-ordinated decision making with greater flexibility over funding, all of which will empower areas to attract more inward investment.

My right hon. Friend the Secretary of State and I have been grateful for the support that our reforms have attracted in our discussions with hon. Members and local areas, and Members will be aware that our devolution negotiations and conversations are continuing at pace. In the summer, we announced new devolution deals with York and North Yorkshire, and with parts of the east midlands: Derby, Derbyshire, Nottingham and Nottinghamshire. There are more deals to be signed soon. Implementation of the east midlands deal is dependent on provisions in this Bill gaining Royal Assent and coming into effect, but they will of course be subject to statutory processes, including parliamentary approval of secondary legislation on creating new institutions with the devolved powers. The invaluable feedback from our discussions so far has allowed us to table three amendments today to put some matters beyond doubt.

[John Stevenson (Carlisle) (Con)]

The Minister is talking a lot about those areas where there is devolution already or where there is the potential for devolution, but what about those areas where there seems to be an absence of any discussions?

[Dehenna Davison]

As I say, we have discussions under way at the moment and we are looking ahead to which new devolution deals we can start exploring. I am certainly happy to work with my hon. Friend to see if this is something we can deliver in his local area in Cumbria, too.

Our first amendment relates to clause 16, which allows the conferral of local authority functions, including those of county councils, unitary councils and district councils, on to a combined county authority, or CCA.

[Richard Graham (Gloucester) (Con)]

I am grateful to the Minister for giving way, because this is of seminal importance to all second-tier councils around the country. I therefore welcome Government amendment 29. Can she confirm, for the avoidance of any doubt, that this means, as the explanatory statement suggests, that there is no question of the functions of a district council in a two-tier area being handled by a combined county authority and that, although it says

“a CCA may make provision”,

a CCA cannot make provision where there is a second-tier council?

[Dehenna Davison]

I can confirm that, and my hon. Friend pre-empts the next bit of my speech, which will hopefully provide some reassurance.

Clause 16 is essential to enable CCAs to be conferred with, for example, the economic development and regeneration functions of a council so that it can deliver them over a wider area, thus driving growth. Although it was never the Government’s intention, we have heard concerns from colleagues on both sides of the House, as well as from local authorities and the District Councils Network, that the clause could be used for the purpose of upward devolution. So there can be absolutely no doubt, we are explicitly precluding the conferral of two-tier district council functions on to a combined county authority. This amendment reflects the Government’s commitment that devolution legislation will not be used to reallocate functions between tiers of local government.

Government amendment 29 will still allow for combined county authorities to exercise functions with district councils concurrently or jointly, facilitating joint working on important issues where there is a local wish to do so. I hope that addresses the concern embodied in amendment 17, tabled in the name of the hon. Member for Wigan (Lisa Nandy), who is not currently in the Chamber.

Our second amendment provides for the effective co-ordination of highways infrastructure, to enable key route networks to operate effectively. Improving key route networks across towns and cities is a Government priority, and we want to facilitate the improvement of transport links as much as possible. The co-ordination of transport across the area of a combined authority or combined county authority is a tool that local leaders across the country have told us is valuable. We therefore propose an amendment to meet the commitment in the levelling-up White Paper to provide a new power of direction for Mayors and combined county authorities, to increase Mayors’ control over key route networks. This will enable them to better co-ordinate the delivery of highways infrastructure, which is needed for effective key route networks across the whole of their authority area.

Our third amendment is a small amendment to improve the partnership between police and crime commissioners and local leaders by clarifying legislation to ensure that PCCs can participate in local government committee meetings. Stronger partnership working between local leaders is central to the Government’s priority of ensuring that local voices are heard on important issues and that decision making is informed by a variety of perspectives in order to deliver our ambitions.

These three amendments add to the strong foundations the Bill already provides for devolution, by going further to solve the specific issues that areas face. In that spirit, I can announce that we will shortly be consulting on how houses in multiple occupation are valued for council tax purposes. The consultation, to be launched by January, will look at situations where individual tenants can, in certain circumstances, be landed with their own council tax bill and will consider whether the valuation process needs to change. Our clear intention is for HMOs to be classed as single dwellings, other than in exceptional circumstances.

[Mrs Natalie Elphicke (Dover) (Con)]

It is important to look at the balance of council tax attributions for HMOs, but will the Minister confirm that any local authority that has such HMOs will have its council tax settlements adjusted, should a decision result in it making a net loss in such a situation?

[Dehenna Davison]

We will be consulting on this as a matter of urgency, and I am happy to take this away and to work with my hon. Friend to make sure we find a settled solution that works for local authorities.

If regulation is required, the measure will allow that regulation to be in place before the Bill receives Royal Assent. I thank my hon. Friend the Member for Gosport (Dame Caroline Dinenage) and my right hon. Friend the Member for Portsmouth North (Penny Mordaunt) for their campaign highlighting this issue, which I know affects other MPs. The Secretary of State and I look forward to meeting their local businessman, Mr Brewer, in the coming days.

Separately, I can confirm that, during the Bill’s passage in the other place, we intend to table amendments addressing circumstances in which authorities have to pay hope value when they compulsorily purchase land in an effort to regenerate their area.

Finally, we have also tabled amendments to make minor corrections and clarifications in support of high street rental auctions and compulsory purchase reforms. These amendments will ensure the policy objectives of these measures can be achieved in full.

[Richard Graham]

I am grateful to the Minister for giving way a second time. I thank her and the Department for Levelling Up, Housing and Communities team for listening so carefully to the concerns of Members on both sides of the House. What she says about new clause 7, tabled by my hon. Friend the Member for Gosport (Dame Caroline Dinenage), is incredibly reassuring for people who are renting in HMOs. The ability to fine tune legislation is so precious.

[Dehenna Davison]

I am grateful to my hon. Friend for his incredibly kind words.

I thank Members on both sides of the House for the constructive way in which they have engaged with this important Bill. I look forward to hearing their contributions to today’s debate, and I commend our amendments to the House.

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to speak for the Opposition in these proceedings.

The Public Bill Committee had 27 sittings over four months. The Government enjoyed it so much that they sent seven Ministers and three Whips to share the joy of line-by-line scrutiny. Which was my favourite? How could I choose between those 27 glorious sittings? They were very good debates, as the Minister said.

When it comes to levelling up, we have been clear from the outset that we feel the Bill is a missed opportunity. It ought to have been a chance for the Government finally to set out what their levelling-up agenda really is and what it means for the country. It was a chance to turn the rhetoric and all the press releases into reality. Instead of translating three years of promises into genuinely transformative change, we do not feel the Bill takes as much further forward. After the White Paper and now this Bill, we are still searching for the big, bold change for which the country is crying out and that the Government promised. The Bill has squandered that opportunity, and it seems those premises will be broken.

Levelling up is supposedly the defining mission of this Government but, after all the talk and all the promises, all they could muster was bolting a few clauses on to the front of a planning Bill. It serves no one to pretend that that is not the reality. Where is the plan to tackle entrenched regional inequalities? Where is the plan to unleash the wasted potential of our nations and regions? And where is the plan to get power out of Whitehall and into our towns, villages and communities?

Part 1 of the Bill establishes the levelling-up missions and the rules for reporting progress made against them. The missions are an area of consensus. Who in this House does not want to see a reduction in the disparities in healthy life expectancy, regional investment and educational outcomes? The problem is that, although the Government set out their supposed policy programme to deliver on these missions in their White Paper, it is in reality a mishmash of activity, much of which is already happening. We seek to improve this with amendment 10, as the missions should be accompanied by a full action plan setting out the activity taking place and how it will contribute to delivering the missions. I would hope that the Government already have such action plans, if levelling up really is such a totemic priority, but I fear they do not, because levelling up is not a priority.

--- Later in debate ---

[Dehenna Davison]

I thank right hon. and hon. Members for their contributions, and I put on record again my thanks to all the Members who served in Committee during the somewhat lengthy consideration of the Bill. I will endeavour to respond to the points that have arisen today, but before I do, I re-emphasise the importance that the Government place on the three interconnected themes from our debate: devolution, regeneration and levelling up. Local power exercised accountably is the only way that we will extend opportunity throughout our country. Too often, Governments have fallen into the trap of thinking that controlling more will make local areas more effective, but the lessons of the past 70 years are clear: that approach does not work and we must trust local areas with the tools to build their futures.

Let me turn to some of the individual matters that Members raised. My right hon. Friend the Member for Camborne and Redruth (George Eustice) is not yet back in his place, but I was grateful for his incredibly passionate contribution and his rousing speech about the wonderful, unique qualities of Cornwall. I look forward to visiting Cornwall soon and to working with him and other Cornwall colleagues on progressing a deal that works for the people of Cornwall.

My right hon. Friend spoke to amendment 70, on which I point him and other concerned Members to clause 68, which would amend the statutory test so that the Secretary of State has to consider

“the economic, social and environmental well-being of some or all of the people who live or work”

in an area. That means that the impacts of devolution on an area’s community, including those identifying as belonging to a national minority, such as the Cornish, would be duly considered under social wellbeing when deciding whether the test is met. Hopefully, that provides some reassurance.

My right hon. Friend also spoke about new clause 71, on whether the framework for a tier 3 deal is accessible without a Mayor. We in the Government are committed to that framework. We believe that directly elected Mayors with a clear path of accountability and a convening power to make change happen is really important, but the key point is that there will be no imposition from Government to have a Mayor. It is for local areas to decide what tier of deal they want to access. If they do not want to access a tier 3 deal and impose a Mayor, clearly, that option is available to them. Also, if they wish to, the framework allows them to deepen devolution later at their own pace. The Government are not imposing these measures. It is for local areas to decide what will work best for them in the framework that we have set out.

My hon. Friend the Member for Leigh (James Grundy) is a great and passionate advocate for his constituents and his constituency. I heard loud and clear his point about Leigh station and I will raise that with colleagues at the Department for Transport. He raised the point about how a one-size-fits-all approach does not necessarily always work. That is why it is so important that we negotiate deals on a local basis, so that every deal we have is negotiated with local authorities and other local stakeholders to ensure that it will work for the local area.

My hon. Friend raised a good point about engagement with Members of Parliament. Although I am relatively new to my role, I certainly want to endeavour to do that better as we progress devolution, either in existing deals or when we look at new devolution deals in the future.

I am incredibly grateful to my hon. Friend the Member for Carlisle (John Stevenson) for his support on devolution and on the importance of strong, accountable local leadership. I am pleased to see his gung-ho passion for rolling out Mayors across the country, but as my hon. Friend the Member for Leigh says, not every area wants a Mayor. I do not believe that we should be imposing Mayors without local consent, but I agree with my hon. Friend the Member for Carlisle that we do not want any areas being left behind. I am happy to engage with him and with the Northern Research Group on the question of how best to further the devolution agenda in his region and across England.

My hon. Friend the Member for Mansfield (Ben Bradley) made the crucial point that timing is vital. We need the Bill to get Royal Assent in a timely fashion to ensure that some of the devolution deals we have agreed get over the line in time for the elections in 2024. I know that my hon. Friend recognises the incredible opportunities that a devolution deal can bring to his local residents. He spoke about the need for simpler funding; the Department is exploring the issue and will publish a funding simplification strategy in due course.

[Margaret Greenwood]

I am not sure whether the Minister was in the Chamber for the remarks that the hon. Member for Mansfield (Ben Bradley) made about new clause 84, which would require the Government to make

“reducing geographical disparities in adult literacy”

one of their missions, and to set out a plan

“to improve levels of adult literacy and eradicate illiteracy”.

The hon. Member seems to think that the Bill makes provision for that. It does not. Does the Minister agree that addressing adult literacy is a core issue if we are to get the very best out of everybody and give everybody the opportunities they need?

[Dehenna Davison]

The hon. Member must have read my mind, because hers is next on my list of points to address. I am grateful for her passionate contribution on adult literacy. We all agree in this House that education is vital to levelling up, but the Bill is designed to provide a framework for the formation of missions rather than to set out the missions themselves. She will have seen in the White Paper some of the missions that we have published, which refer to educational attainment. I also point her to the Government’s work in other areas, such as funding courses for adults who do not have a level 2 English or maths qualification so that they can get those skills.

The hon. Member for Hemsworth (Jon Trickett) raised several issues relating to social mobility. I was most struck by his point about inter-village transport; I face that issue in my constituency, so I can very much relate to it. Some of the devolution deals that we have negotiated and are looking to negotiate will mean more transport powers being conveyed to local areas and Mayors. That provides an opportunity for a rethink of how local transport is operated. As we spread more devolution deals around the country, that opportunity will be brought to more local areas. The hon. Member’s point has been heard loud and clear.

[Jon Trickett]

The Minister is making an interesting speech. I hope in due course she will come to the question that I raised about powers for parish and town councils.

[Dehenna Davison]

I had not planned to do so, because of the breadth of contributions that we have had today, but I am happy to write to the hon. Member on that point after the debate.

The hon. Member for South Shields (Mrs Lewell-Buck) spoke to amendments 71 and 72. She is incredibly passionate about this important matter, as she has demonstrated not only today but in Committee and in other contributions. I go back to the point that I made to the hon. Member for Wirral West (Margaret Greenwood): the Bill is designed to set out not the missions themselves, but the framework for them to exist. That is why we will not enshrine any particular missions in the Bill. [Interruption.] The hon. Member for South Shields and I had the same debate in Committee; I see her shaking her head, but I do not think that she is surprised by my response.

Let me very briefly address a point that the shadow Minister, the hon. Member for Nottingham North (Alex Norris), and the SNP spokesperson, the hon. Member for North Ayrshire and Arran (Patricia Gibson), made about the levelling-up missions. They spoke about removing the ability to amend the methodology and the matrices. I am concerned about that, not because it is some kind of cynical aim, as has been suggested, but because data will be incredibly important in assessing our success in addressing the levelling-up missions. As we get new data sources, new datasets and new ways of presenting the data, it is important that we have the flexibility to access and use the data to its maximum potential. That is why I do not agree with amendment 14.

[Patricia Gibson]

The Minister says that flexibility is important, so can she explain what the Government will do about the first successful bids, which are now falling short because of inflationary pressures on labour and materials?

[Dehenna Davison]

The hon. Member will be pleased to know that I have a note to return to that in a moment.

My right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely) raised some important points. We will come to many of their amendments on the second day of Report, when they will have an opportunity to speak on them in more detail. That will be coming soon. Both Members highlighted the passion around high streets, which, as we all know across the House, are vital to the heart and soul of any community. I am grateful to them for raising new clause 34 on compulsory purchase orders. The measures already in the Bill put it beyond doubt that local authorities have the power to use compulsory purchase for regeneration processes, but we are modernising the process to make it faster and more efficient.

As I announced in Committee, we are going even further by asking the Law Commission to undertake a review and consolidation of the law on compulsory purchase and compensation, to make it more accessible and easier to understand. As part of that work, the Law Commission will review existing CPO enabling powers to ensure that they are fit for purpose, and will make recommendations where appropriate. I do not believe that the new clause is necessary; however, I put on the record my gratitude to both Members for the incredibly constructive way that they have engaged on not just this part of the Bill but all of it, particularly regarding planning and housing matters. My hon. Friend the Member for Isle of Wight said that I promised a visit. I am very much looking forward to visiting the Isle of Wight in due course.

[Mr Betts]

On the CPO powers, the Law Commission will not look at the valuations. Who will do that review work? Also, could the Minister set out very simply how the new arrangements will be simpler and quicker for local authorities to organise?

[Dehenna Davison]

One reason that we have asked the Law Commission to undertake the review is to ensure that we deliver in the most appropriate way, but I am happy to follow up separately with the hon. Member on hope value, because it is something that we will come to in the future.

The hon. Member for Westmorland and Lonsdale (Tim Farron) and I had a great time in Committee during the few days that I was there in my role as Minister. It was always incredibly good natured, and I thank him for that. He spoke on new clause 46, as did the hon. Member for North Shropshire (Helen Morgan), which is on business rates reform. As both hon. Members are no doubt aware, the Government recently conducted a business rates review, and the report was published at the time of the 2021 autumn Budget. A package of reforms announced then was worth £7 billion over five years. In the autumn statement incredibly recently, the Government went even further and announced a broad range of business rates measures worth an estimated additional £13.6 billion over the next five years, including freezing the multiplier. The Chancellor of the Exchequer also announced the extension of the retail, hospitality and leisure relief scheme, and a transitional relief scheme for the 2023 valuation.

[Helen Morgan]

I appreciate the points that the Minister makes, but they are tinkering around the edges of the existing system. We are asking for root and branch review of how business rates are levied.

[Dehenna Davison]

While I understand the intention behind the new clause, we consider it unnecessary on the basis that a review has been concluded only recently, and we have put in place an incredibly robust support package.

[Tim Farron]

I am grateful to the Minister for what she is saying. To add to what my hon. Friend the Member for North Shropshire said, there may be much to commend that particular part of the autumn statement, but is the very package not an admission that the system is broken? Tinkering on the edges will not help. Surely it needs full reform and replacement if we are to support our town and village centres.

[Dehenna Davison]

I am grateful to the hon. Member, and indeed all colleagues who have engaged with us on business rates reform. I will not go over arguments that I have already made. We will not accept the new clause, but I hope that hon. Members recognise that we are very much committed to ensuring that business rates are not an impediment to businesses investing in and residing within our high streets.

The hon. Member for Westmorland and Lonsdale also spoke to new clause 45 on electoral system reform. It was no surprise to hear the Lib Dems talking about electoral reform, and I do not want to rehash debates from Committee. I know that he and his party are passionate about this subject, but he will not be surprised to learn that the Government will not accept the new clause.

Turning to my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), I want to put on record my sincere praise for her campaigning on the repeal of the Vagrancy Act. She is so passionate on this issue and I am grateful to her for her positive engagement. I look forward to working with her as this progresses. On her new clause 4, I have to admit that I would not want to make a commitment today, but I am keen to work with her to understand the issue of local voting rights in her constituency more fully. I would love to get a meeting in with her in due course to see whether this is something that we can review.

The hon. Member for Brighton, Pavilion (Caroline Lucas) made an impassioned case on an issue on which I know she is very passionate. It was great to find agreement with her, as we both believe in devolving power to a local level to tackle local challenges. In the White Paper we set out a skills mission which set a target to increase the number of people completing high-quality skills training in every area of the UK by 200,000, with 80,000 more people competing skills training in the lowest skilled areas of the UK. The White Paper also highlighted the importance of the Government’s net zero target in helping to achieve that mission. The Government’s net zero strategy also makes a commitment to ensuring that the skills system is incentivised and equipped to deliver the skills necessary for the transition to net zero, as well as a commitment to growing post-16 training programmes such as green skills boot camps, apprenticeships and T-Levels. We will not be accepting the hon. Member’s amendment today, but I hope she recognises that there is a commitment from the Government, through the White Paper and other strategies, to ensure that we hit those net zero targets.

I want to make two quick final points. First, I want to say how grateful I am to my hon. Friend the Member for Gosport (Dame Caroline Dinenage) for her positive engagement on the issue of council tax for houses of multiple occupancy. We have reached a good position and I look forward to working with her and her constituent Mr Brewer throughout the consultation and beyond to ensure that we get it right.

Finally, the hon. Member for Sheffield South East (Mr Betts) raised points on the standards board and compulsory purchase orders, but I want to latch on to something he said about his belief in devolution—something that he and we in the Government absolutely share. He talked about brownfield land, and he will know about the brownfield land release fund, which has been so crucial in helping to support and regenerate brownfield areas. I would be happy to engage with him and I look forward to working with him and the Committee in my wider ministerial role.

In closing, I hope that hon. Members can see from the amendments that the Government have tabled today that we have listened to the concerns that have been raised since the Bill was introduced and that we are determined that the Bill will make a tangible difference in communities up and down the country.

Question put and agreed to.

New clause 61 accordingly read a Second time, and added to the Bill.



New Clause 62

Functions in respect of key route network roads

(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

(2) In section 104, in subsection (10), for “An” substitute “Except as provided for by section 107ZA(7), an”.

(3) In section 107D, in subsection (9), for “An” substitute “Except as provided for by section 107ZA(7), an”.

(4) After section 107 insert—

“Combined authorities: key route network roads

107ZA Designation of key route network roads

(1) A combined authority may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of—

(a) each constituent council in whose area the highway or proposed highway is, and

(b) in the case of a mayoral combined authority, the mayor.

(2) The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by—

(a) the combined authority,

(b) the mayor (if any) of the combined authority, or

(c) a constituent council.

(3) A designation or removal under this section must be in writing and must state when it comes into effect.

(4) The Secretary of State must send a copy of a designation or removal under subsection (2) to the combined authority in question at least 7 days before the date on which it comes into effect.

(5) A combined authority must publish each designation or removal under this section of a key route network road within its area before the date on which it comes into effect.

(6) A combined authority that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.

(7) The requirements in section 104(10) and section 107D(9)(a) do not apply to provision under section 104(1)(d) and section 107D(1) contained in the same instrument so far as that provision—

(a) confers a power of direction on an existing mayoral combined authority regarding the exercise of an eligible power in respect of key route network roads in the area of that combined authority,

(b) provides for that power of direction to be exercisable only by the mayor of the combined authority, and

(c) is made with the consent of the mayor after the mayor has consulted the constituent councils.

(8) When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—

(a) a statement by the mayor that all of the constituent councils agree to the making of the order, or

(b) if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.

(9) In this section—

“constituent council” has the meaning given in section 104(11);

“eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008;

“key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;

“proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.””—(Dehenna Davison.)

This new clause provides for designation of “key route network roads” in combined authorities and makes provision about consent requirements for orders that both confer a power of direction concerning such roads and make the power exercisable only by the mayor. It will be inserted after clause 58.

Brought up, read the First and Second time, and added to the Bill.

New Clause 65

Participation of police and crime commissioners at certain local authority committees

In section 102(9) of the Local Government Act 1972 (appointment of committees), for “to which the commissioner is appointed in accordance with this section”, substitute “described in subsection (6)”.”—(Dehenna Davison.)

This new clause makes clear that the restriction in section 102(9) of the Local Government Act 1972 applies only to participation at meetings of the committees described in section 102(6) of that Act. The new clause will be inserted after clause 68.

Brought up, read the First and Second time, and added to the Bill.

New Clause 41

Duty to provide sufficient resources to Combined Authorities and Combined County Authorities

“(1) This section applies where the Government has committed funding to a Combined Authority or a Combined County Authority in order to deliver a specific project.

(2) The Secretary of State must provide commensurate financial resources to a Combined Authority or a Combined County Authority to enable the delivery of the project mentioned in subsection (1) as agreed in full.

(3) The Secretary of States must, by regulations, amend the value of this funding to reflect inflation.”—(Alex Norris.)

This new clause would commit the Government to fully funding combined authority and combined county authority projects they have committed to in the case that costs rise due to inflation.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Oral Answers to Questions

Dehenna Davison Excerpts

Monday 21st November 2022 Commons Chamber

[Grahame Morris (Easington) (Lab)]

10. When he plans to announce the successful bids from the levelling-up fund round 2.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

As the Chancellor set out in his autumn statement, the Government remain committed to the levelling-up fund and will allocate at least £1.7 billion in the next round to priority infrastructure projects that improve everyday life for residents across the UK. I look forward to announcing the outcome of round 2 before the end of the year.

[Grahame Morris]

I thank the Minister for that response, and I welcome the Secretary of State and his ministerial team to their new roles after a three-month hiatus. While we have had the merry-go-round of a revolving door, with Ministers changing and, indeed, Prime Ministers changing, communities such as mine in Horden in the Easington constituency are being starved of investment. We need the Secretary of State and his Ministers to approve our bid so we can address some of the serious issues, including the poor standard of the private sector housing in Horden. It would be marvellous if the Minister could give a date and ensure levelling up remains a Government priority by approving the Easington bid sooner rather than later.

[Dehenna Davison]

The hon. Member will know that at this stage I cannot comment on the merits of individual bids, but I know how passionately he campaigns for his own constituency and for County Durham from meetings that we have locally, and he will be informed of the outcome in due course.

[Mr William Wragg (Hazel Grove) (Con)]

Could I use this opportunity to make a shameless plug for the Marple active communities hub, which in round 2 must surely be among the strongest applications in my hon. Friend the Minister’s in-tray? Does she agree that it is high time we put health and wellbeing at the heart of levelling up, and her approving this bid, in a totally transparent process, which I know it is, would be just the ticket?

[Dehenna Davison]

I am grateful to my hon. Friend for raising his bid. Again, I cannot comment at this stage on the merits of individual bids, but I am certainly happy to engage with him further on this. I know what a great champion he is for Hazel Grove, and I know he will continue to push for every levelling-up opportunity for his constituents.

[Ronnie Cowan (Inverclyde) (SNP)]

I have heard “shortly” and I have heard “sometime before Christmas”, so I am thinking maybe there is a date in Ministers’ minds here, and I would be grateful if we could have a share of this. In Inverclyde, local government money and Scottish Government money work hand in glove with us to improve the area. We need to know when so that local stakeholders can be involved in this decision process and take the whole thing forward.

Briefly, I say to the Secretary of State that earlier he made a slur on my constituency and the good workforce of Ferguson Marine. If he wants to come to Ferguson Marine with me, and stand toe to toe and make that same remark, I will hold his jacket.

[Dehenna Davison]

I am grateful to the hon. Member for his question, and looking at the Secretary of State I think that point was heard loud and clear.

The hon. Member will know that, in round 1 of the levelling-up fund, the amount that went to Scotland was above the Barnett formula calculations. Round 2 will be coming in due course and I am sure that many people across this House who have been so involved in their bids will have an incredibly happy Christmas.

[Chloe Smith (Norwich North) (Con)]

In Mile Cross in my constituency, healthy life expectancy is below the national average, children’s social mobility is in the bottom 10% of the country, per capita rates of violent crime are double the national average and claims to universal credit are also double the national average. Will the Minister and the Secretary of State throw their support behind the bid in my constituency to improve community facilities around Sloughbottom park to help people on all those counts?

[Dehenna Davison]

I am grateful to my right hon. Friend for her passion in campaigning for her constituents. Again, at this stage, I cannot comment on the merits of individual bids, but she is a great, passionate advocate for her constituency and we will be announcing the results of levelling-up fund round 2 in due course.

[Dan Jarvis (Barnsley Central) (Lab)]

Barnsley town centre is thriving. That is as a result of hard work locally, but also powered by our belief not in a handout but in a hand-up. To that end, can I commend the Barnsley Central levelling-up fund bid to the Minister? It is an excellent piece of work that would make a huge difference to my constituents. I very much hope that the Government will be able to support it.

[Dehenna Davison]

I am very grateful to the hon. Member for his pitch. I was in Barnsley a few months ago—an area very close to where I grew up—and I did have some local people making their own representations on the importance of this particular fund. At this stage I cannot comment on the merits of individual bids, but I heard loud and clear his pitch, and we will be announcing the result in due course.

[Kit Malthouse (North West Hampshire) (Con)]

Will the Minister please confirm as she moves towards the award of these moneys, that she has sharply in her mind the fact that hidden among the averages of the otherwise prosperous south-east, there are some serious pockets of deprivation, not least in those London overspill towns that still ring the capital? Those include Andover in my constituency, which as well as importing an unfortunate number of Arsenal supporters, also brought with it a number of social and demographic problems with which the town still struggles, and towards which the grant award could significantly assist.

[Dehenna Davison]

I had best keep my comments about Arsenal to myself in this House, but my right hon. Friend is right: levelling up is not something that can be simplified purely by region or by north and south, and there are pockets all over the country that need to benefit from funds such as the levelling-up fund. I know how much of a passionate advocate he is for the Andover bid, and we will be announcing the result in due course.

[Mr Speaker]

I call the shadow Minister, Alex Norris.

[Dehenna Davison]

This is an incredibly difficult time for economies across the world, based on global factors—[Interruption.] Right across the world, based on global factors. We are working with local authorities to see how we can help support them to ensure that they deliver their bids to the maximum potential. We have made adjustments to the project adjustment request process, to make it easier for local authorities to take that autonomy and make decisions about what is right for their community.

[Simon Jupp (East Devon) (Con)]

T2. If he will make a statement on his departmental responsibilities.

[Simon Jupp]

Colleagues across the House are eagerly awaiting the results of the latest round of the levelling-up fund, and I obviously want to draw the attention of my right hon. Friend to Devon County Council’s bid to cut congestion in Exmouth. Does he agree that levelling up must make a real difference in every region, including mine in the south-west?

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

I am grateful to my hon. Friend for his passionate plea. As a former Parliamentary Private Secretary in the Department —and a very successful one, if I may say so—he will know that at this stage I cannot comment on individual bids. I am delighted that Devon County Council has put in a bid to the levelling-up fund, and we will be announcing the results of that bidding process in due course.

[Mr Speaker]

I call the shadow Minister, Matthew Pennycook.

--- Later in debate ---

[Helen Morgan (North Shropshire) (LD)]

I have been proud to support a very good levelling-up bid in Oswestry in my constituency. With North Shropshire being such a large rural area, public transport is a really important part of levelling up the whole region, so will the Secretary of State look favourably on both Oswestry’s bid and Shropshire’s bid to improve bus services across the county?

[Dehenna Davison]

I am grateful to the hon. Lady for speaking so passionately about the bid for her constituency. I am certainly willing to engage with her and Ministers at the Department for Transport to see what more we can do.

[Alicia Kearns (Rutland and Melton) (Con)]

Rutland and Melton councils have put forward a brilliant blueprint for rural innovation in our levelling-up bid, focused on health and transport. The context is an urgent need to put social mobility into funding formulas for those areas of deprivation otherwise hidden by affluence. Will my right hon. Friend do what he said he would do back in February: take up an offer that is too good to be true by coming to Rutland and Melton to discuss the bid and the future of social mobility funding?

Housing Targets: Planning System

Dehenna Davison Excerpts

Tuesday 15th November 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

It is a pleasure to serve under your chairmanship, Ms McVey. I congratulate my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson) on securing this debate on such an important topic and thank him the constructive way in which he has approached it.

As constituency MPs, everyone here appreciates that housing and the supply of housing really matter to every single community, and my hon. Friend will recognise that it is simultaneously a local and a national issue. Planning and the location of future developments is something that I know he cares incredibly deeply about, so I am pleased to have the opportunity today—in place of the Housing Minister, my right hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer)—to speak to hon. Members about how we in Government are approaching housing targets and the wider planning system.

Without wanting to start the debate by immediately dampening expectations, I should say that my hon. Friend the Member for Sittingbourne and Sheppey will know that, given the Secretary of State’s role in the planning system, I cannot comment on the specifics of any individual plans or proposals, including those of the Swale local plan. On some of my hon. Friend’s specific points, I agree with him that the duty to co-operate has not worked effectively. That is why it is being abolished through the Levelling-up and Regeneration Bill, although we are not proposing to go back to the pre-2011 system of regional spatial strategies, because they were produced by bodies that were inaccessible and unaccountable to local communities. I recognise that there are opportunities for more strategic plan making. The Levelling-up and Regeneration Bill enables spatial development strategies to be produced in all parts of the country on a voluntary basis, so that areas such as my hon. Friend’s, which work well together and would find such a strategic planning tool useful, can produce a strategic plan.

I am grateful to hon. Members from across the Chamber, particularly my hon. Friend the Member for Sittingbourne and Sheppey and my right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) for sharing their concerns about housing targets, which I know are shared by Members from across the House, including many who are not present in this debate. My hon. and right hon. Friends will know that in 2018 we introduced a standard method for assessing local housing need, to make the process of identifying the number of homes needed in an area simple, quick and transparent. That standard method for assessing housing need does not set a target. It is used by councils to inform the preparation of their local plans. Councils decide their own housing requirement once they have considered their ability to meet their own needs in their area.

That process includes factoring in local circumstances and constraints, and working with neighbouring authorities if it would be better or more appropriate for needs to be met elsewhere. It is a process that recognises that not everywhere will be able to meet their housing need in full. I am certain that my hon. Friend the Member for Sittingbourne and Sheppey will have seen that the Levelling Up Secretary recently confirmed that we plan to stick to the overarching target of building 300,000 homes a year. However, in the same breath he also affirmed our intention to be straight with people on the real challenges that areas face with building these homes—challenges with the costs of materials and increasing challenges with a tight labour market that constrains building.

My hon. Friend the Member for Sittingbourne and Sheppey was right to highlight some of the issues that could arise from development in any area, such as increased demand on public services and more congested roads. We recognise the pressure that this creates, so the Levelling-up and Regeneration Bill recognises it too.

[Wendy Morton]

I am grateful to the Minister for setting out her case. When it comes to housing, I think we all recognise that there are parts of our constituencies where regeneration could really work. Will the Government commit to ensuring sufficient money to remediate brownfield sites, which I believe will be crucial to meeting the housing needs of our local communities?

[Dehenna Davison]

I am grateful to my right hon. Friend for that point. She will know that there are existing funds available for brownfield development. The second round of that fund will be opening up imminently—I am glancing over at my officials and hoping for a nod—[Interruption]—I am getting a nod; excellent—in order for local areas to make the most of that to aid them in their brownfield redevelopment processes as well.

On infrastructure and the pressures on infrastructure, through the Levelling-up and Regeneration Bill we are looking to create a levy to ensure that infrastructure such as schools, GP surgeries and new roads are provided in a more effective, transparent and efficient manner.

[Gordon Henderson]

That point has been made to me before by a previous Minister. It is all very well saying that the infrastructure levy will provide GP surgeries, but there is no point having the surgeries unless there are doctors to put in there. There has to be a recognition that no planning of houses should be allowed unless and until we are provided with the doctors we require.

[Dehenna Davison]

I thank my hon. Friend for that important point. GP numbers is something we are all concerned about. That is why the Department of Health and Social Care is taking measures to recruit more GPs right across the board. That is part of the answer, but he is right to raise concerns on the specific planning issues, and I will pass those on to my right hon. and learned Friend the Member for South East Cambridgeshire. My hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter) raised the issue of infrastructure and the Levelling-up and Regeneration Bill. As part of the Bill, local authorities will be required to prepare an infrastructure delivery strategy, which will make it clearer to communities what infrastructure will be provided and when.

I believe our focus is sometimes too squarely on the numbers side of the equation, which means that we lose sight of the end goal. Numbers do, of course, matter. Thanks to the steps we took with industry at the start of the pandemic, we were able to keep home building going. We built over 216,000 new homes in 2020-21, a figure that was just a small dip from the previous year. In the circumstances, that is quite incredible. Since 2010, over 2 million additional homes have been delivered, including over 598,000 affordable homes—something that I know is on the minds of people across the country, particularly younger people hoping to get on the housing ladder for the first time.

[Kelly Tolhurst]

I appreciate what the Minister is setting out. In my constituency, because of the drive to meet unrealistic housing targets, we are having to close a successful working port to make room for flats. Companies such as ArcelorMittal and clean energy generation companies are being displaced to facilitate this drive for housing targets. Instead, we could look at the commercial development of the area and provide not only the infrastructure, but also the jobs for those who are going to live in those houses.

[Dehenna Davison]

I am grateful to my hon. Friend for raising that. I had the pleasure of briefly visiting her constituency this morning and would be grateful for the opportunity to sit down with her and discuss this further, given the local nuances involved.

The house building figures we have seen in recent years have defied expectation. It is no secret that reaching 300,000 homes a year has been an uphill challenge. Our focus in Government is on accelerating delivery so that we can make the dream of home ownership a reality for more people.

[Taiwo Owatemi (Coventry North West) (Lab)]

We would all like the dream of home ownership to be a reality. In my constituency, one of the biggest concerns of residents is that, because the local authority is trying to meet the housing target that has been put on them, they are losing their green spaces, such as Coundon Wedge. This is having a considerable impact on the wellbeing of so many people who use green spaces like that. It would be great to hear whether the Minister would meet with me to look at Coventry’s figures, because currently the Office for National Statistics projections are completely off the mark.

[Dehenna Davison]

I am grateful to the hon. Member for raising those concerns about her constituency. I would certainly be willing to sit down with her and discuss this further, although it might be worth me asking my right hon. and learned Friend the Member for South East Cambridgeshire instead, given that this sits more closely within her brief.

Back on house building, I said that it is important that we build the numbers, but crucially, and as I think today’s debate has highlighted, it is also about making sure that the homes are being built in the places where they are most needed—the places where people want to live and the places where people want to work. We want these decisions about homes to be driven locally, and we want to get more local plans in place to deliver the homes we need, and we will set out our approach on planning for housing in due course.

I know I am preaching to the converted when it comes to the need to modernise our planning system, and I think all MPs understand and get that we need a planning regime that is fit for 2022. That was raised by my hon. Friend the Member for South West Hertfordshire (Mr Mohindra), who is no longer in his place, but who spoke about changes in working patterns as a result of the pandemic and how that should be reflected in the planning system. I will certainly raise that point with the Minister for Housing when I see her.

I also understand that Members are frustrated—they are right to be frustrated—that this has been under discussion not just for months, but for years. We need more houses, and that obviously brings with it an obligation on us in Government to be frank and straight with people that building more houses has implications, both positive and sometimes negative. In some places, it will cause tension, and in some places, it will be a source of relief, but it is our job to be willing to have that dialogue, regardless of how difficult it may be. I am not sure that Governments of all colours have always approached these kinds of conversations in the most productive way. The inconvenient truth is that, for the best part of two decades, demand has outstripped the supply of homes.

[Wendy Morton]

I am conscious of time, but very briefly, I think we all understand that we need more homes and more houses, but there is a really important point here about the need to take communities with us and to make sure that the houses are built in the right place, with the right infrastructure ready to support them.

[Dehenna Davison]

I am grateful to my right hon. Friend for her contribution and her passion on this subject, which I know she has spoken about for many, many years.

Through the Levelling-up and Regeneration Bill—I will talk about it quickly, recognising that I do not have much time left, so that might have to be the last intervention I take—we are planning to simplify the planning system and, in doing so, end outdated practices that slow down community regeneration. My hon. Friend the Member for Sittingbourne and Sheppey mentioned the amendments on the table, which will be debated in Parliament. I am certainly happy to sit down with him and discuss new clause 21 or recommend that the Minister for Housing does so, if she has not already. I hope that colleagues who have been constructive so far will support the Bill’s overall passage.

If we can get our planning regime right, we can unlock a huge amount of economic growth locally. We want to help local authorities to adopt and implement the best planning approaches for their areas. To achieve that, local authorities will need to be able to better attract and retain planners, as was raised by my hon. Friend, and we want to work further with the sector on that. He was right to highlight that as one of the major challenges facing authorities at the moment.

To incentivise plan production and to ensure that newly produced plans are not undermined, the Government intend to make it clear that authorities do not have to maintain a five-year supply of land for housing where they have an up-to-date plan. As Members would expect, we plan to consult on that. The new measures should have a minimal impact on housing supply, given that newly produced plans will contain up-to-date allocations of land for development, but that will also send a signal that the Government are backing a plan-led approach, provided that those plans are up to date.

I finish by thanking my hon. Friend once again for securing this debate and thanking all Members present for their helpful contributions. I am grateful to him for using this debate to press home the concerns that he and many of his constituents have regarding developments in Sittingbourne and Sheppey. There is no getting around the fact that we are in a difficult economic time. We face headwinds from all angles—energy, inflation and interest rate rises—and those have knock-on implications for everything that the Government do, but to my mind, they only serve to underline the need to build more homes and to give generation rent the chance to become generation buy. That is why we have to stand by our commitment to dramatically ramp up housing supply and our manifesto pledge to build a million new homes within the first term of this Parliament. I will leave it there because the clock is ticking, but I am grateful to my hon. Friend for securing this debate today.

Question put and agreed to.

Social Housing (Regulation) Bill [Lords]

Dehenna Davison Excerpts

2nd reading
Monday 7th November 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

I sincerely thank Members across the House for their valuable contributions to the debate, but also for the constructive nature in which they have engaged with this crucial legislation. I was pleased to hear that Members from across the House support the principles of the Bill. It is imperative that we get it on to the statute book quickly, so it can deliver the change the sector needs and the change we all know tenants deserve.

It is right that I add my voice to that of my right hon. Friend the Secretary of State for Levelling Up, Housing and Communities, the shadow Secretary of State, the hon. Member for Wigan (Lisa Nandy), the shadow Minister, the hon. Member for Greenwich and Woolwich (Matthew Pennycook), and many other Members across the House: Grenfell United and the community as a whole have displayed incredible courage and determination over the last five years, turning their own terrible experiences into important and lasting change. Their tireless endeavour has helped to bring this historic legislation before Members today and I wholeheartedly commend them. The Bill is part of their legacy and the legacy of the 72 who sadly lost their lives. The residents in the tower were put in an appalling situation that never should have occurred. We have a duty to ensure that it never happens again.

My hon. Friend the Member for Walsall North (Eddie Hughes) is no longer in his place, but spoke passionately about the fact that all social tenants should be treated with respect, a sentiment that all of us across the House certainly share. I put on record my thanks for all the work he did in this particular policy area.

A few Members spoke about the stigma around social housing. We absolutely need to reduce it. It was mentioned by the hon. Member for Wigan, my right hon. Friend the Member for Maidenhead (Mrs May) and the hon. Member for Vauxhall (Florence Eshalomi). I particularly thank the hon. Member for Vauxhall for sharing her own story. It is clear that she is incredibly passionate about this issue and I hope she will continue to campaign on it with the vigour she has shown to date.

My hon. Friend the Member for Dudley North (Marco Longhi) rightly praised those working in the social housing sector and I share that praise. We have heard tales today of bad practice, but that is very much a minority of people working in the sector. We need to recognise the hard work and dedication of those across the sector to ensure their tenants are in safe and secure housing and are protected. He was also right to say that social landlords must fulfil their obligations. He rightly raised improvement plans and the new fines that will be put in place as part of the Bill.

We have heard from across the House examples of bad practice. My right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), the hon. Member for Strangford (Jim Shannon), the hon. Member for Salford and Eccles (Rebecca Long Bailey), the hon. Member for Battersea (Marsha De Cordova) and the hon. Member for Mitcham and Morden (Siobhain McDonagh) raised examples from the experiences of their own constituents. I must add my voice in praising Kwajo for his tireless campaigning. Stories like his prove why it is so crucial that we pass the Bill today.

The hon. Member for Dulwich and West Norwood (Helen Hayes) spoke of Georgia’s law. I cannot begin to imagine how difficult Georgia and her son’s experience must have been, but I would be grateful for the opportunity to sit down with the hon. Member to discuss that further before we get to the Committee stage.

A number of Members discussed whether we should go further on the professionalisation of the sector, including my right hon. Friend the Member for Maidenhead. I add my sincere thanks to her for her steadfast campaigning since the terrible tragedy occurred in June 2017. The Government firmly believe that the housing sector should have competent and respectful staff who can meet tenants’ needs and deliver high-quality services. That is why we ran a professionalisation review from January to July this year. It brought together tenant representative groups, including Grenfell United, trade bodies such as the Chartered Institute of Housing, landlords, and housing academics to consider the optimum approaches to staff development in the social housing sector. The review was informed by independent research that mapped the current qualifications and training landscape. The review concluded that there was no one-size-fits-all qualification that encompassed every facet of the social housing sector’s requirements, although I note the point raised by my right hon. Friend the Member for Maidenhead about whether it is possible to develop a slightly more detailed set of proposals on those qualifications.

My right hon. Friend also raised a point about potential reclassification by the Office for National Statistics, and rightly outlined a concern we have in Government about the risk that could bring to taxpayers, particularly the fact that £90 billion of debt could be brought on to the public ledger, which is a very real consideration for us. She asked whether it was possible to engage with the ONS, and whether any engagement had already occurred. The ONS will only make a formal classification decision on new policy or regulation once that has already been implemented. In exceptional circumstances, the Government can ask the ONS to perform a policy proposal review, but as the policy is currently still being developed, we are not in a position to request that formal review. The risk assessment that we have undertaken is based on our work with the Treasury classification team, who work closely with the ONS and have in-depth knowledge of the classification framework and its application to the social housing sector. I would be happy to sit down with my right hon. Friend and discuss the issue further before the Bill goes to Committee.

Inspections were raised by a number of hon. Members, including my right hon. Friend the Member for Rayleigh and Wickford and the hon. Member for Battersea. The regulator has committed to delivering regular consumer inspections as part of the new proactive regime. Inspections will help the regulator to hold landlords to account and take action where necessary, ultimately driving up the standard of service delivery to tenants. The Government tabled an amendment in the Lords to put that commitment into law, which gives the regulator a duty to publish and take reasonable steps to implement a plan for regular inspections. 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, the regulator will aim to inspect landlords with more than 1,000 homes every four years. We have had a positive response from stakeholders, including Lord Best and Shelter, since we placed that measure in the Bill.

Let me touch quickly on supported housing. The Government are investing £20 million in a supported housing improvement programme to drive up quality in that sector. My Department is actively engaging with my hon. Friend the Member for Harrow East (Bob Blackman) and the charity Crisis, which is campaigning passionately on this issue, to see how we can address the problems raised. Social housing supply was raised by the hon. Members for Wigan, for Hammersmith (Andy Slaughter), for Battersea, and for Salford and Eccles. The provision of affordable housing is an existing part of the Government’s plans to build more homes and provide aspiring homeowners with a step on to the housing ladder. Our £11.5 billion affordable homes programme will deliver thousands of affordable homes for both rent and to buy right across the country. The Levelling Up White Paper committed to increasing the supply of social rented homes, and a large number of the new homes delivered through our affordable housing programme will be for social rents.

[Mr Francois]

I congratulate the new Minister who is admirably summing up what I thought was a remarkably thoughtful, consensual and non-partisan debate. On a slightly lighter note, can we do something about the name of the social housing regulator? It does not have to be off-roof, or even roof-off, but could we have something a bit snappier that might strike fear into the hearts of complacent housing association chief executives, of whom there are sadly still too many?

[Dehenna Davison]

I will certainly take that suggestion on board. If my right hon. Friend has any ideas, I will accept them on a postcard or via WhatsApp. He now has a mission to come up with a snappy name.

The hon. Member for North Shropshire (Helen Morgan) raised the subject of energy efficiency. Baroness Hayman tabled a successful amendment in the other place that ties the Government into producing a strategy on energy efficiency in the social rented sector within 12 months of Royal Assent. We are considering how to address that new provision in the Bill and will update the House shortly.

The hon. Members for Vauxhall, for Wigan, for North Shropshire and for Mitcham and Morden touched on the resourcing of the regulator. We 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. We have made an additional £4.6 million available in 2022-23 to support the new regime. We will potentially be introducing changes to the fee regime, which will be subject to consultation to ensure that the regulator is funded appropriately.

The hon. Member for Strangford, as always, adopted a constructive approach, wanting to ensure that those in Northern Ireland learn the lessons of the terrible tragedy of Grenfell and that they can benefit from some of the incredible measures that we are bringing forward in the Bill. He will have heard the Secretary of State speak about his engagement with devolved Administration Ministers and officials; I hope that that has provided him with some assurance.

We have heard today how a Bill with a relatively small number of clauses can have such a large impact. Addressing housing in this country is central to our levelling-up mission. It is essential that social tenants live in safe, good-quality homes provided by responsible, well-run registered providers. I am pleased to be closing this insightful Second Reading debate; seeing how passionately Members across the House feel about the Bill only reinforces its importance. I look forward to taking the Bill through Committee and working with shadow Ministers and all interested Members across the House so that we can bring real, lasting change to the social housing sector.

Question put and agreed to.

Bill accordingly read a Second time.

Social Housing (Regulation) Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Social Housing (Regulation) Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 13 December 2022.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Nigel Huddleston.)

Question agreed to.

Social Housing (Regulation) Bill [Lords] (Money)

King’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Social Housing (Regulation) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of—

(1) any expenditure incurred under or by virtue of the Act by the Secretary of State, and

(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Nigel Huddleston.)

Question agreed to.

Social Housing (Regulation) Bill [Lords] (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Social Housing (Regulation) Bill [Lords], it is expedient to authorise the charging of fees.—(Nigel Huddleston.)

Question agreed to.

Levelling Up Barry, Vale of Glamorgan

Dehenna Davison Excerpts

Wednesday 26th October 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I sincerely thank my right hon. Friend the Member for Vale of Glamorgan (Alun Cairns) for raising the important issue of levelling up Barry town in his constituency. If I may say so, his speech was a brilliant tourism ad. He highlighted some of the best of Barry, not least “Gavin and Stacey”, which I am a huge fan of.

As my right hon. Friend highlighted, the Government’s central mission is all about levelling up all parts of the UK. For the benefit of the hon. Member for Strangford (Jim Shannon), I reiterate that—all parts of the UK, including Wales and Northern Ireland. We will do so by ensuring that we spread opportunities more equally around the country, empowering local leaders and bringing left-behind communities up to the level of more prosperous areas. I was particularly interested to hear about the background of my right hon. Friend’s constituency, with its transition from coalmining to a new purpose. In many ways, that is reminiscent of my own constituency, which was reliant on coalmining and, of course, the railways, and has had a journey to find its new ethos and purpose. It was interesting to hear about those similarities, which I know are reflected in a number of constituencies right across the country.

I am delighted to have the chance today to set out the opportunities being made available to Barry and its community through the Government’s levelling-up agenda. Wales is already benefiting from substantial investment across a whole range of new UK Government funding opportunities. In total, Wales has been allocated over £750 million of levelling-up funding in the last year alone. That includes over £45 million from the community renewal fund, benefiting 160 local community projects. Places across Wales have also received an additional £121 million across 10 projects under the first round of the levelling-up fund. I am sure that my right hon. Friend will agree that those new opportunities mark an incredibly exciting time for local places in Wales to be at the centre of decision making.

[Alun Cairns]

I am grateful to my hon. Friend for underlining the support that has been made available, but may I draw to her attention the point that I made about the capacity of local authorities? Those projects that gained support were primarily by authorities that were used to bidding for European-aided schemes. Clearly, we have now left the European Union and we have the levelling-up fund, with the shared prosperity fund to follow. Some local authorities that have been left out until now did not have the capacity to bid, or were not up to speed. That is not their fault; it is simply a lack of experience in bidding. I therefore ask the Minister to look specifically at those communities that have been left out for quite a long period.

[Dehenna Davison]

My right hon. Friend is absolutely right to raise that point. Ensuring that areas have the capacity and experience to complete what can be quite lengthy and complicated bidding processes is something that has featured in my inbox quite a lot during my time as Minister. I am looking at funding simplification to see how we can make these processes simpler and more streamlined so that there are fair opportunities, even for smaller authorities.

We have had a fantastic response to these new funding opportunities from local partners in Wales, including Vale of Glamorgan, which fully embraced its role in the delivery of the community renewal fund. I am sure that my right hon. Friend will know all too well about the £970,000 allocated to six exciting projects in the Vale, which have been delivering for local people, communities and businesses over the last year.

The community renewal fund is all about supporting the people and communities who need it most right across the UK. It is about creating opportunities, being innovative and trialling new approaches and ideas, all at a local level. To nurture that innovative thinking and give the communities the flexibility they need, we encourage partners to deliver on skills, local business, supporting people into employment, and community and place.

Through funds such as the community renewal fund, we have strengthened the relationship between the UK Government and the places we serve in every part of the UK, including Barry, we are working directly with local partners—people who know, understand and are part of the social fabric of their communities. I am proud that we are giving them autonomy over local decisions to support positive changes for their communities. That is evident, as I am sure my right hon. Friend will know, through Barry Bands Together, a community regeneration project run by a local musical partnership in Barry. It is using the skills of its members to work alongside the local authority music service to provide a new focal point for musical training. That multi-agency approach focuses on upskilling trainees, empowering children and embodying a cohesive and community-centric way of delivering local services through music.

The good news does not stop there. Other areas in the Vale of Glamorgan have also benefited from the community renewal fund. Enterprise Vale, another prominent project in the area, was awarded over £100,000 for its business support services. Over the last year it has been taking action to support local people into self-employment, and helping those in the community who are economically inactive to build confidence and take the important step into the world of business.

Building on the success of the community renewal fund, £2.6 billion is being allocated to places across the UK as part of the UK shared prosperity fund, which my right hon. Friend mentioned. Of that, a sizeable £585 million has been allocated to places in Wales, with over £14 million specifically for the Vale of Glamorgan. This trailblazing new approach to investment, and the empowerment of local communities to level up and build pride in place, will see direct investment in three local priorities: communities and place, support for local businesses, and people and skills.

I am pleased to say that the approach to regional collaboration intrinsic to delivering the shared prosperity fund has seen all 10 local authorities in the south-east of Wales submit a joint regional investment plan, backed with over £278 million of funding. As a partner in the region, Vale of Glamorgan will play its full part in delivering the regional investment plan and tailoring areas of support to local communities, including those in Barry.

I should also take this opportunity—I will be told off by the boss if I do not—to mention that the freeports programme is another core part of the Government’s levelling-up agenda taking place in Wales. Freeports will unlock much-needed investment in port communities up and down the country, helping those areas to overcome barriers to investment through a broad package of incentives. Our new freeport programme in Wales, which is being jointly delivered with the Welsh Government and backed by an initial £26 million of funding, will help us to make this vision a reality. The programme will drive forward our ambition for Wales to compete at a global level, while creating new local jobs and putting Welsh communities on the path to long-term growth and prosperity.

I know that my right hon. Friend will be familiar with the levelling-up fund, through which £4.8 billion of investment is being made available to provide crucial capital investment in local infrastructure. The aim of this competitive funding is to empower local areas to identify new opportunities for investment in creating pride in place. Projects are prepared in collaboration with local stakeholders and should have clear benefits to the local community, while being aligned with a broader local economic strategy. Through the first round of the levelling-up fund, over £1.7 billion was awarded to local areas across the UK, of which £121 million came to Wales, substantially more than would have been the case through any Barnett-based formula.

As Members may know, the second round of the levelling-up fund opened for bidding earlier this summer. My officials are continuing the assessment process, and successful bids should expect to be notified by the end of the year. I am sure my right hon. Friend knows that, due to the competitive process involved, I am unable to comment specifically on individual applications, but I look forward to seeing the outcome of all bids submitted, including the Barry Making Waves project, which he spoke so passionately about. I pass on my thanks to all those in his local authority who have worked so hard on making that bid and bringing it to the Government.

I thank my right hon. Friend for bringing forward this important debate—I also thank the hon. Member for Strangford for his contribution—and for drawing my attention to the Onward report, which I am interested in reading once it has been published. I certainly welcome the opportunity—assuming I stay in post—to have further conversations with my right hon. Friend and the hon. Member for Strangford on the future of Barry and Wales as a whole and, of course, of Strangford and Northern Ireland as a whole too.

Question put and agreed to.

Levelling-up and Regeneration Bill (Twenty Seventh sitting)

Dehenna Davison Excerpts

Committee stage
Thursday 20th October 2022 Public Bill Committees

It is clear that the current system is not working. It is opaque and open to abuse. As more powers are devolved to local areas, with that should come more accountability and robust improvements in standards. The handling of complaints in relation to councillors should be through a fully independent standards board for England. It is the greatest of honours to serve your community, be it at council or parliamentary level, but that should come with the right checks and balances. The public need confidence in the system; they need to know that those in charge of their local services and budgets are always acting in the service of their residents and not in their own service.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

It is a pleasure to serve under your chairmanship again, Mrs Murray, in this last sitting of the Committee. I know everyone in the room is incredibly saddened about that.

I am grateful to the hon. Member for South Shields for tabling this new clause. She is right that it truly is an honour for anyone in elected life to be able to serve their community. We all must do so with the highest regard for integrity and public service. However, we will not accept the new clause. I will outline a few reasons why.

The Standards Board for England, which was established under the Local Government Act 2000, was a flawed regime. It was a deliberate decision in the Localism Act 2011 to abolish it. During its short existence, the Standards Board for England allowed politically motivated and vexatious complaints, which had a chilling effect on free speech within local government. As a central Government quango, it was clearly incompatible with the principles of localism.

The Government’s position remains unchanged since then. That was recently restated in our response to the Committee on Standards in Public Life’s review of local government ethical standards. The Government consider that it is the right of the electorate to determine who represents them and that local issues are best resolved locally. The abolition of the Standards Board restored power to local people. The new clause would effectively reinstate that flawed regime. All councillors are ultimately held to account via the ballot box. On that basis, I ask the hon. Lady to withdraw the new clause.

[Mrs Lewell-Buck]

I thank the Minister for that response. We could rehash all the arguments that were heard last time, but I will not detain the Committee for long. The Minister claims that there were politically motivated and vexatious complaints. The other argument is that there were some genuine complaints. Sanctions were put on councillors and it stopped them from acting in such a manner in the future. Of course the electorate can decide, but sometimes they cannot decide for four years, which is a long time if somebody is abusing public money and their position. For now, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 78

Responsibility of executive councillors to answer questions

“(1) Chapter 2 of the Local Government Act 2000 (executive arrangements) is amended as follows.

(2) After section 9DA (functions of an executive: further provision) insert—

‘(9DB) Responsibility to answer questions

A councillor who is a member of an executive must take all reasonable steps to give a timely answer any question about the executive, its functions or the local authority (including about standards of conduct) from any councillor of the local authority that is asked—

(a) in writing, or

(b) orally in a council meeting.’”—(Mrs Lewell-Buck.)

This new clause would establish a legal requirement for executive councillors to answer written questions from fellow councillors and oral questions in council meetings.

Brought up, and read the First time.

[Mrs Lewell-Buck]

I beg to move, That the clause be read a Second time.

The new clause is in my name and that of my hon. Friend the Member for York Central. I will be brief; I sense that the mood of the Committee is that everyone would like us to finish as soon as possible. This new clause is in much the same spirit as new clause 76 and new clause 79, which we will consider later. Local government can be a mystery to many people. Anyone logging on to their council’s website or attending a meeting would testify to how confusing procedures can be. In this place, those who hold the position of Secretary of State or Minister are rightly asked questions in the Chamber, in the public domain. We may not always like the answers—in fact, I very rarely do—but the process allows a level of public accountability. In local councils, though, it is up to local councillors whether they answer questions from other members. I am aware that the executive members of many councils already do, but I have also witnessed the opposite approach, where every single question is dismissed, shut down or deferred for a written response. Surely those in senior elected positions, such as council leaders, or cabinet members who hold responsibility for a service and budgets, should answer questions from other members. To refuse to do so is to be unaccountable. New clause 79 seeks to positively enhance the public’s faith in their local government representatives. Once again, I look forward to the Minister’s views.

[Dehenna Davison]

I am grateful to the hon. Lady for the new clause, which has a noble aim. I think we all believe that the transparency of any executive, national or local, is incredibly important. Accountability is equally important, particularly considering the point about trust in politicians and politics.

As the hon. Lady outlined, the new clause would put into statute a requirement for executive councillors to answer questions from other councillors. It is vital that back-bench councillors be able to hold the executive to account. In their published constitutions, many councils will already set out the procedure for both elected members and members of the public to ask questions at full meetings of the council, or at any other committee meeting. However, we firmly believe that the Government would be going beyond the role that they should play in local matters if they required in law that such councillors answer questions. Local authorities are already subject to checks and balances as part of the local government accountability framework. In addition, authorities with executive governance arrangements are required to have overview and scrutiny committees, governed by statutory guidance, to ensure that members of the authority who are not part of the executive can hold the executive to account. It would not be right for central Government to dictate the minute details of local authority arrangements, although I appreciate the noble aim behind the new clause. I kindly ask the hon. Lady to withdraw her new clause.

[Mrs Lewell-Buck]

I thank the Minister, and I am happy to beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 79

No role for councillors in recruitment or duties of monitoring officers

“(1) The Local Government and Housing Act 1989 is amended as follows.

(2) In section 5 (designation and reports of monitoring officer), after subsection (1) insert—

‘(1ZA) No elected councillor of a relevant authority in England may have any role in—

(a) the recruitment or selection of the officer designated monitoring officer under subsection (1), or

(b) the performing by the monitoring officer of the functions imposed by this section and, where relevant, section 5A.’” —(Mrs Lewell-Buck.)

This new clause would prohibit the involvement of elected councillors in the recruitment or duties of officers appointed to monitor lawbreaking, maladministration, failure and injustice within a local authority or its executive.

Brought up, and read the First time.

[Mrs Lewell-Buck]

I beg to move, That the clause be read a Second time.

I appreciate that the majority of local authority appointments of chief officers such as chief executives or monitoring officers are made after a robust interview that has followed human resources processes. Those processes can involve senior elected members. However, I have witnessed, and am aware of local authorities that experience, inappropriate or partial influence being exerted when officers are conducting operational business. I recall once sitting with a chief executive and a leader, and the leader was demanding that something be done that the officer was deeply uncomfortable with. The leader shouted at the chief executive, “I hired you; I will fire you if you don’t do this.” I could go on, but I think the point is made.

It is clear why there should be no elected member involvement whatsoever in the appointment of any local authority monitoring officer. These officers work hard and are incredibly professional. They are already working in politically restricted, tightly governed senior roles. They should never be exposed to unacceptable scenarios, such as the one I just outlined. That is why new clause 79 is important. I hope the Minister agrees.

[Dehenna Davison]

I am sure the hon. Lady will not be surprised to hear that we will not accept the new clause. First, I want to say that the example of terrible practice that she witnessed is not isolated. All examples of bad practice absolutely must be called out, but there is a strict framework already in place. The new clause appears to seek to protect the objectivity of monitoring officers, and their ability to speak truth to power—that is, to elected members. The new clause requires that elected councillors have no role in the selection or recruitment of a relevant authority’s monitoring officer. Of course, the monitoring officer is one of three crucial statutory officers that any principal local authority must have, the other two being the chief executive and the section 151 officer. Some councils may already have designated the responsibility for appointing the monitoring officer to the head of paid service, but we must remember that councils are independent, democratic bodies that have the freedom and flexibility to manage their workforce. If they choose to operate a member appointment panel, it would be neither appropriate nor consistent with the principles of localism to prevent them from doing so.

The new clause would also mean that elected councillors played no role in a monitoring officer’s performance of their duties. However, monitoring officers’ specific speak-truth-to-power role is already protected in their responsibilities under sections 2 and 5 of the Local Government and Housing Act 1989. Those statutory responsibilities include reporting anything that they believe to be illegal or to amount to maladministration relating to the conduct of councillors and officers, or to the operation of the council’s constitution. On that basis, we do not feel that the new clause is necessary, and it is contradictory to the core principles of localism in which we so strongly believe. I ask the hon. Lady to withdraw it.

[Mrs Lewell-Buck]

I thank the Minister for that response. My new clause would have given an extra layer of protection. She has misunderstood how impossible an environment can make it to speak truth to power. The clause would have helped people who are stuck in that situation, but I am happy to withdraw it. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 80

Licensing scheme: holiday lets

“(1) The Secretary of State must make regulations to require each relevant local authority in England to introduce a local licensing scheme for holiday lets.

(2) Any local licensing scheme introduced pursuant to regulations made under subsection (1)(a) must require any owner of a holiday let to—

(a) obtain any fire, gas and electricity safety certificates as specified by the scheme;

(b) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations;

(c) secure a licence for the holiday let from the local authority prior to trading;

(d) obtain a licence and renew this licence—

(i) every three years,

(ii) when the property changes ownership, or

(iii) when there is a change in the person holding day to day responsibility for the property; and

(e) not let out a property without a valid licence.

(3) A local authority introducing a licensing scheme must—

(a) outline—

(i) the terms and conditions of the licence,

(ii) the application process for securing the licence, and

(iii) the licence renewal process;

(b) determine an annual licence fee for each licensed property;

(c) inspect any property prior to issuing a licence;

(d) require the owner of a short term holiday let to —

(i) apply for and hold a licence to operate for each property they let prior to trading,

(ii) pay a licence application fee and annual charge for the licence,

(iii) renew the licence as required by the local authority under their licensing scheme,

(iv) pay any fines associated with breaches of a licence as laid out in the local licensing scheme,

(v) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations, and

(vi) provide up to date property details including details of who will hold responsibility for the day to day management of the property;

(e) maintain an up to date list of all licensed short term holiday let properties within the local authority area to include—

(i) the address of the property,

(ii) whether this is a shared property occupied by the owner or a separate let,

(iii) how many people are eligible to stay at the property, and

(iv) how many days of the year that the property will be advertised for letting and be let;

(f) inspect the property following a report from the public of an issue of concern relating to the property or to any other property owned by the same person;

(g) monitor compliance with the licensing scheme;

(h) publish an annual report on the number and location of licences including the number and location of licences in each ward and their impact on local residential housing supply and details of any breaches reported and fines issued; and

(i) provide residents adjacent to the short term holiday let contact details of their enforcement officer should they experience any issue at the property.

(4) A licensing scheme must allow the local authority to—

(a) set out details of any area where the granting or renewal of licences will be banned, suspended or limited;

(b) set limits and or thresholds on the level of the licencing permitted in any area;

(c) require property owners to renew their licences every three years, or when a property changes in ownership;

(d) issue fines or remove a licence of a property if—

(i) fire, health and safety conditions are breached,

(ii) criminal activity occurs at the property, or

(iii) excess noise and nuisance or anti-social behaviour rules as set out in the licensing conditions are repeatedly breached, or

(iv) the registered owner or the person listed as holding responsibility for the property has had licences on other properties removed; and

(e) issue penalties or licensing bans on those renting properties without a licence.

(5) In this section—

An ‘area’ may be—

(a) a polling district;

(b) a ward; or

(c) the whole local authority area;

‘holiday let’ means—

(a) a dwelling-house let for the purpose of conferring on the tenant the right to occupy the dwelling-house for a holiday, or

(b) any part of a dwelling-house let for the purpose of conferring on the tenant to occupy that part of the house for a holiday;

‘relevant local authority’ means—

(a) a district council in England;

(b) a county council in England for an area for which there is no district council;

(c) a London borough council;

(d) the Common Council of the City of London.”—(Rachael Maskell.)

This new clause provides for the introduction of a licensing scheme for holiday lets.

Brought up, and read the First time.

--- Later in debate ---

[Tim Farron (Westmorland and Lonsdale) (LD)]

I want to say a big thank you for your role in chairing many sittings of this Committee, Mrs Murray. I also thank the Clerks, who have supported you and all of us.

Earlier this week, we offered Government Members the opportunity to vote to enable local authorities to compel developers to build only affordable housing for a period of time, and they rejected that. Now, the hon. Member for York Central has put forward a very reasonable and timely suggestion about how we might do something about the stock that we have. If they will not do one or other, what is meant to happen to our housing stock? The reality for communities such as mine in Cumbria is that the evaporation of the long-term housing rental market has led to enormous hardship. It is a catastrophe.

It was a problem before the pandemic, but the combination of the stamp duty cut, introduced by the last Chancellor but three at the beginning of the pandemic, and a failure to acknowledge the consequences of the staycation boom, meant an absolute avalanche of full-time residential property going into either the second home market or the short-term rental market. That has had absolutely devastating consequences.

The fact that the Government have not kept their manifesto promise to scrap section 21 evictions means that there is literally an open door for any landlord to get rid of the people they have in those homes, and those homes then go into short-term holiday let usage. In South Lakeland, in my constituency, in one year we saw a 32% rise in the number of holiday lets. As hon. Members can image, South Lakeland had tonnes to start off with, so that is a vast number. Where did they come from? They were not new build properties, but existing homes that were lived in by families and others who have now been evicted, not just from those homes but from those communities.

I do not want to make any assumptions, but I imagine that in a community such as yours, Mrs Murray, the situation is similar and you have lost some of the full-time population. What then happens to the working-age population? I can think of successful primary schools that have lost 20% to 40% of their pupils for that reason in the last two years.

Cumbria Tourism undertook a survey of its member organisations and businesses, which work throughout the lakes, dales and other parts of Cumbria, and found that some 63% could not work at capacity over the last year because they did not have the staff to do the job. The lack of affordable housing kills economies as well as ruining family life and undoing the fabric of our communities, including schools, churches, pubs, businesses and bus services, the demand for which dries up.

The situation is catastrophic. If the Government will not accept the amendment proposed by the hon. Member for York Central, the amendment I proposed or any of the other amendments that have been proposed, what are they going to do about the crisis in our existing housing stock in communities such as those in York, Cumbria and many other areas of the country? They might nod and show their concern, but they must act. This is an absolute emergency, so act. This is something they could do, so why would they not do it?

[Dehenna Davison]

I am incredibly grateful to the hon. Member for York Central for raising the issue so passionately. I know she is deeply concerned about it and has been campaigning incredibly hard on it throughout her time in Parliament. I note she mentioned her private Member’s Bill. I have already offered to engage with her on issues that we have discussed previously in Committee, and I am happy to engage with her on that as well.

Online platforms have enabled greater choice in accommodation for holidaymakers and have brought benefits to the tourism sector. On the one hand, it is an incredible compliment to a place to see a lot of Airbnb rental properties popping up, as the area becomes a tourism hotspot and a lot of people want to visit incredible places such as York and Cumbria, but unfortunately we know the issues that can come with that as well.

The hon. Member for Westmorland and Lonsdale mentioned local school numbers declining and local shops and pubs seeing their year-round trade turning to seasonal trade, which is not something they necessarily expected or planned for. Many hon. Members from across the House are familiar with such arguments and have raised them in debates. I have had particular representations from hon. Members from Cornwall and Devon, who I know face similar issues.

The hon. Member for York Central mentioned illegal activity and gave examples from her constituency. That is another area where it is crucial that we get our policy right. That is why DCMS launched the call for evidence on this topic, which she made reference to, as an important first step in understanding how we can continue to reap the benefits of short-term lets, while also protecting holidaymakers and local interests.

The Government are now carefully analysing over 4,000 responses to this exercise. What local people and affected stakeholders have said will help to inform the development of evidence-based and proportionate policy proposals. Accepting this amendment before we have analysed those responses would pre-empt the necessary policy development needed. We plan to publish our response to the consultation in the usual way. We want to make sure we get the policy right because we recognise that there are so many issues related to it.

[Rachael Maskell]

I have two points. First, could the Minister set out a timeline? This is so urgent because of the pace of change, so we really need to understand what the timeline is. There has been a lot of talk and debate in this place; many colleagues from across the House have articulated the pain this issue is causing their communities. Secondly, would the Minister be willing to hold a cross-party roundtable to enable Members to get a full understanding of those experiences? The most acute problems are essentially occurring in holiday destinations and places that people come to visit, so it would be important to ensure a combination of coastal, rural and urban. That could help to move the debate forward and land the legislation in the right place, so that it pays heed not just to what are seen as the benefits of the short-term holiday let industry, but to our communities.

[Dehenna Davison]

I am grateful to the hon. Lady for the constructive way she is approaching this important debate. As I say, this is a DCMS consultation, so I cannot provide a timeline today, but I will write to her to follow up and try to provide as much clarity as I can on that point. I would certainly be happy to hold a roundtable, but this specific policy does not actually sit within my brief. However, I will endeavour to write to the relevant Ministers and encourage them to take this up. As I say, I will follow up in writing on those points.

[Rachael Maskell]

If I may, I seek the indulgence of the Committee a little longer. The Minister has raised a real issue here: the matter now needs to move into the Levelling Up Department. The impact on housing is enormous. Although I appreciate that it started in DCMS, it now needs to move, because this is essentially a housing issue. It is about how the housing sector is working, rather than about the tourism sector. The industry has grown and become far more professionalised; it now clearly needs to move Departments in order to bring forward the legislation.

[Dehenna Davison]

On that point, I have heard from my colleague sitting beside me, the Housing Minister, my hon. Friend the Member for North East Derbyshire, that he is happy to meet with the hon. Lady to discuss the matter in further detail.

[Rachael Maskell]

I am grateful to both Ministers for that, and I welcome that opportunity. I am quite relaxed about other colleagues also bringing their experiences to that meeting. It is important that we get this nailed now and get it right for all our communities. It is far too important. Time is of the essence. I will most certainly take up that offer.

I will not push the new clause to a vote today, although I will bring it back on Report. I cannot wait around—people in my community are exiting at such an alarming rate that I need to get this addressed. However, I thank the Ministers for being able to debate this matter this afternoon and to have a bit more time on it. It is of real importance for all of us and we have to get it right. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 81

Cycling, walking and rights of way plans: incorporation in development plans

“(1) A local planning authority must ensure that the development plan incorporates, so far as relevant to the use or development of land in the local planning authority’s area, the policies and proposals set out in—

(a) any local cycling and walking infrastructure plan or plans prepared by a local transport authority;

(b) any rights of way improvement plan.

(2) In dealing with an application for planning permission or permission in principle the local planning authority shall also have regard to any policies or proposals contained within a local cycling and walking infrastructure plan or plans and any rights of way improvement plan which have not been included as part of the development plan, so far as material to the application.

(3) In this section—

(a) ‘local planning authority’ has the same meaning as in section 15LF of PCPA 2004;

(b) ‘local transport authority’ has the same meaning as in section 108 of the Transport Act 2000;

(c) ‘local highway authority’ has the same meaning as in the Highways Act 1980;

(d) a ‘rights of way improvement plan’ is a plan published by a local highway authority under section 60 of the Countryside and Rights of Way Act 2000.”—(Rachael Maskell.)

This new clause would require development plans to incorporate policies and proposals for cycling and walking infrastructure plans and rights of way improvement plans. Local planning authorities would be required to have regard to any such policies and proposals where they have not been incorporated in a development plan.

Brought up, and read the First time.

--- Later in debate ---

[Rachael Maskell]

I beg to move, That the clause be read a Second time.

I hear a cheer in the room as I rise to my feet for a final time. I thank you, Mrs Murray, for your chairing of the Committee. I also thank your colleagues, the Clerks and Hansard. We have had a lot of really important debates.

New clause 83 stands in my name and that of my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams). Reviewing our public health policy is really important. Understanding its context and impact on poverty is at the heart of what levelling up is all about. The new clause would ensure a real focus on the data that is required and a proper review of public health policies, which is vital, with a report being laid before Parliament within six months of the passing of the Bill. That would ensure that Parliament’s eyes are on the issue.

The new clause focuses on relative and absolute poverty, and putting forward the data that has often been debated and disputed in the House, so that we can see what is happening from an authoritative source. We ultimately have to measure what is happening. Levelling up cannot be just about the infrastructure and the pounds spent; it has to be about the outcomes that really impact people. When poverty is such an issue in our country, we have to look at the inequality and disparities that we see. Having data to properly manage the system and drive inputs and outcomes is really important.

The new clause also looks at the socioeconomic inequalities and population groups with protected characteristics. We all know that black, Asian and minority ethnic, LGBT, elderly, young and disabled people experience disparity when it comes to so many issues within the levelling-up missions. It is important to look at ensuring that people with protected characteristics have the necessary assessment to ensure that they, too, are levelling up and not being left behind. Covid was a real example of why that is so necessary; we saw it for whole swathes of communities, particularly those from the black, Asian and minority ethnic community, who faced the worst impact because of their socioeconomic status.

Life expectancy, and healthy life expectancy, is really important for planning an economy for the future. We need to understand its impact, particularly on excess deaths due to poverty, to ensure that we are monitoring what is happening among those communities. In my constituency there is a 10-year disparity in life expectancy between the poorest and the richest communities. That is a really serious issue within levelling up. I appreciate that there is a debate within that about extent of life versus quality of life, but those with shorter lives also do not have a good quality of life on many occasions. We have to drive down inequality in that area.

The new clause also looks at funding for public health provision. We know that there is a real deficit in areas of deprivation, and we need to ensure a proper matrix for health spending as we move forward. The new clause is about providing the good, solid data that is required to analyse what is happening with the levelling-up agenda, and putting that before Parliament and Ministers to ensure that the right policy decisions are being made to level up our country.

[Dehenna Davison]

I thank the hon. Member for York Central for these proposals, which speak to an objective that I think we all share of reducing the entrenched spatial inequalities across the UK. That is fundamentally what levelling up is all about.

While I appreciate the sentiment behind the new clause, the specific mechanisms proposed may not be the best way to add value in this area for a couple of reasons. First, there are robust and long-standing mechanisms in place to assess trends in public health and poverty already, including through the public health outcomes frameworks, relevant statistics for which are regularly updated and published by the Office for National Statistics. Additionally, the Bill will create a statutory responsibility on the Government to define and report against long-term levelling-up missions to address spatial disparities. The missions in the levelling-up White Paper, for example, include living standards, pay and productivity, and healthy life expectancy. Those are particularly relevant in addressing the themes and concerns that the hon. Member raised.

The Government have established cross-departmental structures to measure long-term progress against their levelling-up missions and to assess how their policies and programmes are contributing to making progress towards those missions. I refer the hon. Member to comments that I have already made about the spatial data unit, and the role it can play in helping on that assessment. The measures in the Bill will not operate in isolation but as part of a much wider range of both legislative and non-legislative measures, which will in turn shape outcomes on the ground. It is right that we should pursue our policy objectives through the more systemic frameworks that I have outlined rather than what could be seen as more fragmented reports and reviews, as called for in the new clause.

The hon. Member will be aware of the well-established mechanisms overseen by His Majesty’s Treasury and highlighted in “Managing Public Money” and elsewhere to assess the impact of policy interventions on the public finances and to allow Parliament to hold the Government to account on their expenditure. As such, we do not feel that an additional specific assessment of the impact of measures in the Bill would add value as we pursue our aim to level up the country. I hope that I have provided enough reassurance for her to withdraw the motion.

--- Later in debate ---

[Alex Norris]

I want to put on record for myself and on behalf of my colleagues our thanks to you, Mrs Murray, and your colleagues in the Chair; to the world-class Clerks for all their assistance; to the Doorkeepers and the Hansard Reporters for all their work; and to Government colleagues, both Front Benchers and Back Benchers, for the discussions and debates. I know that they have been lengthy, but that is because the Bill is important, and we appreciate the spirit in which that has been done. I extend that to the Government’s officials, as well as our own staff. I am very grateful. Thank you.

[Dehenna Davison]

For fear of this sounding like an Oscars acceptance speech, I have an awful lot of thank yous to say. First, I express my sincere thanks to the shadow Ministers. This is my first Bill Committee as a Minister. Hopefully it will not be my last, but given today, who knows? I thank them for the very constructive and warm way in which they have engaged with me, and with my colleague beside me, the hon. Member for North East Derbyshire, on the Bill. There are some incredibly important debates to have. We have had some of them, and I know that many more happened before I took over as the Minister in this area. The fact that they have all been conducted in such a constructive and jovial way is something that I am certainly very grateful for.

I am also incredibly grateful to the officials who got us briefed on the Bill and got us through it, and to the Clerks and all Chairs of the Committee, including you, Mrs Murray. I am very grateful to members of the Committee of all colours for the spirit in which we have conducted it today, and to Whips past and present, Parliamentary Private Secretaries past and present, and Doorkeepers. I think I have pretty much everyone covered. A huge thank you from me. I am delighted to see the Bill through to the end of Committee stage.

Question put and agreed to.

Bill, as amended, accordingly to be reported.

Levelling-up and Regeneration Bill (Twenty Sixth sitting)

Dehenna Davison Excerpts

Committee stage
Thursday 20th October 2022 Public Bill Committees

[Rachael Maskell]

It is a pleasure to serve with you in the Chair, Mr Hollobone, on the final day of our proceedings on this incredible Bill. I want to place on record my thanks to all the Clerks for the support they have given the Committee, particularly when writing our amendments.

There are omissions in the levelling-up agenda. Future generations, let alone the current one, will not forgive a levelling-up plan that fails to focus on the natural environment and to ensure that people have equal access to our greatest assets. Equitable access to the environment needs to be in the Bill through a specified mission. Some 70% of UK adults have said that being close to nature improves their mood, saving the NHS at least £100 million a year, with a nature-rich space leading to healthier and happier people. One in three people in economically deprived areas does not have access to green spaces within 15 minutes of where they live. These measures are therefore vital for our mental and physical health. It is often those who live in urban, deprived communities with the least connection to our natural environment who suffer the most. Making tacking that issue a central mission of the levelling-up agenda would prove that this Government understand that enrichment is for everyone and would bring Government focus to it.

I have constituents who have never been to the country, children who have never run along a beach and adults who have never climbed a mountain, never got lost in a forest and never been to a place where they can breathe the cleanest air. Without nature, our wellbeing is impaired, productivity falls and poverty rises—that is inequality, not levelling up. Access to the natural environment must therefore be a central mission if levelling up is to have any purpose at all.

New clause 46 would place a duty on Ministers to identify and maintain a network of sites for nature, to protect at least 30% of the land in England for nature by 2030, and that land must be monitored and managed for conservation and restoration. If, like me, you miss hedgehogs—perhaps they have no connected corridors—or birds, bees and butterflies, which we have failed to protect from pesticides and whose habitats we have failed to save, you will understand why this new clause is important. If you live somewhere like York and see more and more severe flooding because grouse moor shooting practices have damaged the upper catchment, you will want to see that practice stopped and the land restored. Our incredible natural environment was created to be in perfect balance, but our interference has caused so much harm.

We have a serious duty to monitor the natural environment, end the harm and restore nature before it is too late. Homing in on key sites must be our priority. We have heard so much this year about the climate emergency, and COP15 is highlighting the ruinous state of our natural environment. Just over the weekend, I was reading a WWF report that states that, on average, 69% of populations of mammals, birds and fish have vanished since 1970. We have to stop and save. My new clause would be the first step in that and would show that the Government were serious, not grandstanding, on such a serious issue.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

It is a pleasure to serve under your chairmanship again, Mr Hollobone. I am again delighted to find some common ground so early in the Committee sitting; I think we were three minutes in when the hon. Member for York Central mentioned her love for hedgehogs—something that I definitely share. I thank her for these proposals, which aim to address the importance of the environment within the levelling-up framework.

New clause 44 concerns the inclusion of a specific mission on environmental equality. While I fully appreciate the sentiment behind it, the missions as depicted in the levelling-up White Paper are the product of extensive analysis and engagement already. They are supported by a clear range of metrics, which will be used to measure them at the appropriate levels of geography. They take into account the wider range of inputs, outputs and outcomes needed to drive progress in the overall mission. They cover a wide range of policy issues that are all clearly linked to the drivers of spatial disparities.

The Government have already explicitly acknowledged the importance of natural capital in the White Paper. As an asset, it underpins sustainable GDP growth, supports productivity over the medium term and provides resilience to future shocks. Natural capital has been estimated to be worth £1.2 trillion in the UK alone. It also has a place under the 25-year environment plan, which sets out the Government’s plans to help the natural world regain and retain good health. It pursues cleaner air and water in our cities and rural landscapes, protection for threatened species and provision of richer wildlife habitats. Importantly, the Environment Act 2021 already contains provision for the setting of long-term environmental targets for England, which is also referenced in the levelling-up White Paper, so the Government’s commitment to the environment is incredibly clear.

The Bill is designed to establish the framework for the missions, rather than the individual missions themselves. The framework provides an opportunity to scrutinise the substance of the missions and further environmental protections against a range of existing Government policy.

New clause 46 aims to establish a duty on relevant Ministers to identify and maintain a network of sites for nature. The Government have already committed to protecting 30% of land for nature by 2030 and to developing the most appropriate approach to increasing and enhancing protected land as we do so. Protected sites are our best existing areas for nature, providing places within which species can thrive, recover and disperse. The nature recovery Green Paper sought views on how the protected site system in England could be improved to better deliver our domestic and international biodiversity objectives, including our commitment to protect 30% of land by 2030 and wider species recovery. We are considering responses to the Green Paper and will be publishing our response in due course. This is the means through which the Government will implement and identify sites for the 30 by 30 commitment, but I hope the Government will be given the opportunity to respond on the Green Paper first. On that basis, I hope I have provided enough reassurance for the hon. Member for York Central not to press her new clauses.

[Rachael Maskell]

I have to disagree with the Minister that such priority is being given to the natural environment. This has to be a central mission, not least because of the recognition that she has given to the value of natural capital. While the 25-year environment plan sets out an ambition, it is weak on targets and monitoring. We need to go far further, which is what this proposal will do if it is a central mission in levelling up.

On new clause 46, I note that the Government are consulting on the issue, and I am interested in the responses. I will not push these new clauses today, save to say that the natural environment does not have high enough priority in this legislation, but it is essential for our future. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 45

General duty to reduce health inequalities and improve well-being

“(1) For the purposes of this section ‘the general health and well-being objective’ is the reduction of health inequalities and the improvement of well-being in England through the exercise of functions in relation to England.

(2) A public authority which has any functions exercisable in relation to England must prepare and publish a plan to be known as a health inequalities and well-being improvement plan.

(3) A relevant planning authority must have regard to the general health and wellbeing objective and that plan when preparing relevant plans, policies and strategies.

(4) A relevant planning authority when making a planning decision must aim to ensure the decision is consistent with achieving the general health and well-being objective.

(5) In complying with this section a relevant planning authority must have special regard to the desirability of—

(a) delivering mixed-use walkable neighbourhoods which accord with the 20 minute neighbourhood principle; and

(b) creating opportunities to enable everyday physical activity, through improving existing and creating new walking, cycling and wheeling routes and networks and natural spaces.

(6) For the purposes of subsection (5)(a), neighbourhoods which accord with the 20 minute neighbourhood principle are places where people can meet most of their daily needs including food shops, schools, health services and natural space within a 20 minute return walk of their home.

(7) Where the relevant authority is a local authority, in complying with this section, the authority must—

(a) include specific objectives for access to natural spaces and ensure that those objectives are met;

(b) ensure that the objectives established under subsection (a) set out standards for high quality accessible natural green and blue spaces, using Natural England’s Accessible Natural Greenspace Standards as a baseline, and going beyond these standards where possible; and (c) implement and monitor the delivery of those objectives.”—(Rachael Maskell.)

Brought up, and read the First time.

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a pleasure to serve under your guidance today, Mr Hollobone. On this last day of the Committee, I want to put on record my thanks to the Clerk here and those who are not present for their work and support throughout the Committee. I also thank colleagues on both sides. Although I have been disappointed that the Government have not accepted amendments from the Opposition or from their own Back Benchers, I have nevertheless appreciated the courtesy with which that has been done. I have enjoyed this time on the Committee with all Members present—I genuinely mean that.

I have a few words to say on the new clause. Health inequalities are hugely significant for levelling up, and I want to pick just two issues that affect rural communities—not just mine, but others too. I will start with GPs. In my constituency alone there has been a 17% drop in the number of GPs in the past five and a half years—that is more than one in six GPs gone—and the average GP there serves 403 more patients than they did in 2016. Any Government criticism or implied criticism of GPs not seeing people quickly enough needs to be seen in that context. Let us support our GPs with the resources they need, rather than lambasting them.

It is worth pointing out that that period coincides with the time since the Government got rid of the minimum practice income guarantee, and I am going to argue that those things are connected. The minimum practice income guarantee was money that supported small, often rural, surgeries to ensure they were sustainable. Its removal has led to the closure of a number of surgeries, including the current threat to the Ambleside and Hawkshead surgeries in my constituency. A new small surgeries strategic rural fund could support those surgeries, make sure we do not lose more and bring some back.

The second issue is about cancer. In the north of Cumbria, 59% of people with a cancer diagnosis are not seen within two months of their diagnosis—they are not being treated for the first time for more than 62 days after diagnosis. In the south of Cumbria, the figure is 41%. Either way, that is outrageous. People are dying unnecessarily.

There are a whole range of reasons for that. One is the lack of easy access to radiotherapy. According to the Government’s national radiotherapy advisory group, any patient who has to travel more than 45 minutes one way for radiotherapy treatment is in receipt of “bad practice”. That information was published a few years ago now, but it still absolutely stands, clinically and in every other way. There is not a single person living in my constituency who can get to treatment within 45 minutes—not one. Mobile or satellite units at places such as Kendal and Penrith are absolutely essential. If we are going to tackle levelling up and health inequalities between rural areas and others, we need to ensure that small rural surgeries are properly funded and that there are satellite radiotherapy units.

[Dehenna Davison]

I am grateful to the hon. Member for York Central for raising this incredibly important issue. All hon. Members will agree that it is vital that we safeguard the health and wellbeing of our nation. The Health Secretary talked about the ABCD of national priorities—ambulances, backlogs, care, and doctors and dentistry—and giving her time to tackle them is incredibly important. That is why the Government have introduced a new approach to co-ordinating local efforts to improve health outcomes, and why we have already set clear expectations through planning policy.

--- Later in debate ---

[Dehenna Davison]

The shadow Minister is absolutely right: this is an area where we have found a lot of common ground in the few days that I have been serving on Committee. Long may that common ground continue. We can all recognise the incredible value of our hospitality businesses. I am sure that for many of us in this room, myself included, it is where we got our first experience of the job market in our first roles that gave us some of the skills that we needed to move through our careers. For many people, as the shadow Minister rightly outlined, it is not just a pub or a restaurant; it is somewhere we go to have a bit of company, to have a chat, to celebrate or commiserate, so it is right that we do all we can to get hospitality businesses through what has been a really difficult few years. That is why we have recently taken steps through the energy bill relief scheme to try to provide support for hospitality businesses and recognise the unique challenges that they face. That will be a vital tool to ensure they get through this difficult winter; and through kickstart we are helping businesses to recruit more staff.

On the specifics of the amendment, data on the hospitality sector is already available. The Office for National Statistics publishes a range of regional data, including on the output of the sector, the number of hospitality businesses and the number of workers they employ. I am keen not to duplicate the incredible work of trade bodies such as UKHospitality, the British Beer and Pub Association and the British Institute of Innkeeping, as well as organisations such as Statista and IBISWorld, who provide regular updates and industry statistics and reports detailing the state of the hospitality sector from its position of incredible expertise.

I am concerned that if we implemented the amendment, we would create an extra reporting requirement, putting an additional requirement on businesses at a time when they are already facing unprecedented costs and challenges. As I have already outlined, the Department has established a new spatial data unit to drive forward the data that we have in central Government. That could have a role to play when it comes to the hospitality business. More broadly, the amendment is unnecessary, so I ask the hon. Gentleman to withdraw it, although we are all on the side of hospitality businesses at this difficult time.

[Alex Norris]

I am grateful for that answer. I have a slight concern that relying on the data alone might make us a little reactive in this space, but I hope the Minister will think more about the idea of having it as part of a spatial data suite. That would be a valuable thing. I note her previous commitment to meet the Campaign for Real Ale, which is very interested in this. On that basis, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 57

Review of England's public conveniences

“(1) The Secretary of State must, within 6 months of the day on which this Act is passed, appoint commissioners to consider the level of need for public conveniences in England and the extent to which current provision matches that need.

(2) The Secretary of State must publish the report of the Commissioners before the end of the period of 12 months beginning with the day of their appointment.”—(Alex Norris.)

Brought up, and read the First time.

--- Later in debate ---

[Alex Norris]

Yes, changing place toilets are hugely important. I pay tribute to Martin Jackaman, the pioneer of those places and a Nottinghamian. Where available, changing places have been life-transforming for some of the most profoundly challenged families in the country. We want more such places, and to be clear that everyone going out in their city or town centre should have access to such provision—with a hoist and all those things that make the difference. That is why the issue is important.

On my new clauses, first, new clause 57 proposes a review of public conveniences. The Government would be asked to form an independent panel to assess the level of need for public conveniences within various communities and, having determined that need, to assess the level of provision. If there is a gap—I suspect there might well be—the panel should ascertain its root causes and make recommendations about what might be done to rectify the situation. I hope that the Government will encourage the devolved Administrations to undertake similar exercises.

Secondly, as addressed in new clause 58, one of the barriers to improving provision is a bit of a gap in ownership of the problem. Therefore, my new clause suggests that there should be a new duty on tier 2 councils to produce a local public convenience plan. That is not to dictate how councils use their resources, but it seems reasonable to have a plan for provision in the area. One would hope to work with partners for public convenience provisions and accountability.

Thirdly, new clause 59 is one proposal that could close the gap more quickly. Where businesses—we should recognise that many businesses up and down the country already do this—allow their toilet facilities to be used by non-patrons, that is a wonderful thing. If they do so, that could be reflected in the business rate. I am interested in the Minister’s views. My new clause might not be ready for the legislation today. That range of things would help close the gap in provision. We cannot afford to do nothing in this area. The gaps should close, but they continue to be a limiting factor on our high streets and in our town centres. I am interested to hear the Minister’s views.

[Dehenna Davison]

I have just taken the Committee on a virtual trip to the pub, so it only seems right that we should go to a public toilet on the way back. We know how important public toilets are for all of us, but in particular for some of the more disadvantaged groups, such as the disabled or those with young children. The shadow Minister was right to outline some of the particular challenges.

I thank the hon. Member for York Central for talking about changing places. As she will know, in the past year we have introduced a £13 million changing places fund, which has been fantastic in allowing local authorities to improve their provision. We all recognise that public conveniences are incredibly important, but they are very much a local issue. Local areas know best what provision they need—be that of public toilets or other amenities—alongside other local priorities that they hope to deliver.

New clause 57 would require the appointment of a commissioner to consider the level of need for conveniences, and public convenience plans would be required under new clause 58. Such changes would risk increasing bureaucracy, while decreasing the importance of local decision making. The shadow Minister will have heard me banging on in Committee about this, but it is certainly not what the Bill is about; it is about empowering local decision making and local leaders. It would be disproportionate for the Government to legislate on such a fundamentally local issue. Many local authorities already operate local community toilet schemes to encourage cafés and other businesses to open their toilets to the public. The Government welcome that and we encourage all local authorities to consider whether such a scheme would be beneficial in their area.

I will keep my points on new clause 59 brief, because the shadow Minister said that he did not intend to press it today. However, I pay tribute to my hon. Friend the Member for North West Durham (Mr Holden), who does not sit on the Committee but campaigned passionately to have business rates removed from public toilets. He ran an incredibly successful campaign, and it was implemented through the Non-Domestic Rating (Public Lavatories) Act 2021.

On the amendment generally, our concern is that we would legislate on this, but the impact on the overall business rates bill would be incredibly minimal given the relatively small floor space. On that basis, we do not think the clause is necessary or proportionate at this stage. I hope the shadow Minister will withdraw his new clause.

[Alex Norris]

I am grateful for those answers. On the point about increasing bureaucracy, I do not think it would be a huge increase. I also think areas might benefit from a bit more bureaucracy and professional interest. I accept the points on localism, which has been a theme of many of the amendments we have moved. I think when we seek to understand and configure the state here—and we can talk for hours about devolution—it is about local leadership and circumstance, but there also has to be something about the national environment setting. I felt that the clause had passed that test.

This issue is not going to go away. I hope the Minister will keep reflecting on it as she spends longer in her brief. There are many interesting stakeholders in this space, who I know will be keen to meet with her. I suggest that they get in touch. I do think this is an important issue, and I do not think the current circumstances reflect that, nor will they get better if left alone. At some point, we will have to enter this space, but it probably is not today. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 63

Minimum carbon compliance standards for new homes

“(1) The Secretary of State must make Building Regulations under section 1 of the Building Act 1984 providing that new homes in England must meet the full requirements of the Future Homes Standard from 1 January 2023.

(2) A local authority in England may choose to require and enforce minimum carbon compliance standards for new homes in its area which exceed the Future Homes Standard from that date.” —(Tim Farron.)

This new clause would bring forward from 2025 the date for which the Government’s Future Homes Standard for carbon compliance of new homes would apply. It would also give local authorities the option of imposing higher standards locally.

Brought up, and read the First time.

--- Later in debate ---

[Tim Farron]

I beg to move, That the clause be read a Second time.

In the least surprising development of this entire Committee, I will talk about electoral reform, which, on the day after the centenary of Lloyd George’s leaving office, seems like the entirely right and appropriate thing to do. If only he had done it when he had the chance.

This is a serious point about devolution. The reality is that we have been permitted over the past few years to have different electoral systems, such as the supplementary vote used for electing Mayors and police and crime commissioners. In Scotland, the single transferable vote operates successfully for local government, and Northern Ireland has its own separate arrangements. If we trust local people, and if the Bill is about devolving power to local communities, it seems entirely reasonable to suggest that the Government allow local authorities to choose from a range of reasonable options the system that they deploy—and to do nothing more than use the system that the Conservative party normally uses for electing its leader. I point out that I am moving the new clause only because the Government chose recently to remove the supplementary vote from the election of Mayors and police and crime commissioners.

Before I shut up and sit down, I wish to reflect on the fact that in the past couple of years the Government have demonstrated an interesting example of changing the electoral system without a referendum. That makes one think, does it not? If the party or parties who form the next Government have a commitment to electoral reform in their manifestos, there is no need for a referendum. It is a precedent that the Government may wish they had not set.

[Dehenna Davison]

If it is no surprise to the Committee that the hon. Gentleman brings up electoral reform, it will be no surprise to him that I stand to ask him kindly to withdraw his new clause, because the Government absolutely cannot accept it. We are all clear about the merits of first past the post as a robust and secure way to elect representatives. It is well understood by voters and provides for strong and clear local accountability, with a clear link between elected representatives and those who vote for them, in a manner that other voting systems may not.

It is important that the voting system is clearly understood by electors and they have confidence in it. We have spoken a lot in Committee about local confidence in local politics. Ensuring confidence in the voting system is paramount. Having different systems for neighbouring areas risks confusion for electors. We are a very mobile population: we could work in one area and have family in another. That confusion could be a real risk and could weaken public confidence in the local electoral process.

There is also the risk of political manipulation. For example, the current controlling group on the council could seek to choose and implement a system that it believes would favour it. Although I accept that there could be various safeguards to mitigate that risk, I do not consider that it could be entirely removed.

Elections are the foundation of local democracy, which is central to our values and to our being a free society; we should protect and nurture it. I could talk about this all day, but I will not detain the Committee any further. I ask the hon. Gentleman to withdraw the new clause.

[Tim Farron]

I will not press the new clause to a vote, but I will comment on the irony of the Minister saying that parties should not support electoral systems that advantage them, and of suggesting that there is some kind of automatic stability and clarity about Governments that are elected via first past the post. It is all going swimmingly at the moment.

There is this idea that there may be confusion between different systems. As a Cumbrian, I can completely cope with the fact that the Scots, just over the border, have a totally different electoral system for local and parliamentary elections. My Conservative friends in Westmorland and Eden are perfectly capable of voting by alternative vote for their leader and by first past the post for their Member of Parliament or councillor. The arguments made by the Minister do not hold water, but I will not trouble the Committee by pushing the new clause to a vote. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 65

Review into business rates system

“(1) The Chancellor of the Exchequer must undertake a review of the business rates system.

(2) The review must consider the extent to which the business rates system—

(a) is achieving its objectives,

(b) is conducive to the achievement of the levelling-up and regeneration objectives of this Act.

(3) The review must consider whether alternatives of local business taxation would be more likely to achieve the objectives in subsections (2)(a) and (b).

(4) The review must in particular consider the effects of business rates and alternative local business taxation systems on—

(a) high streets, and

(b) rural areas.

(5) The review must consider the merits of devolving more control over local business taxation to local authorities.

(6) The Chancellor of the Exchequer must lay a report of the review before parliament before the end of the period of one year beginning with the day on which this Act is passed.”—(Tim Farron.)

This new clause would require the Secretary of State to review the business rates system.

Brought up, and read the First time.

--- Later in debate ---

[Tim Farron]

I beg to move, That the clause be read a Second time.

Me again—sorry. The Government have made quite a thing recently about their investment zones, which are interesting. We talked about them earlier in Committee. One idea behind them is that they create a low-tax environment, which misses the major point that faces most of Britain and certainly the whole of the north of England: business rates are the high tax that destroys high streets, puts off entrepreneurs, snuffs out young and small businesses and damages local economies, rural and urban alike.

New clause 65 would require a review of the business rates system to ensure that business rates are reformed and, indeed, replaced. They are harmful to our economy. They directly tax capital investment in structures and equipment, rather than taxing the profit of a fixed stock of land. We should abolish the business rates system and replace it with a commercial landowner levy, shifting the burden of taxation from tenant to landowners. That would benefit deprived communities in particular. In terms of business rates, the whole of the north is over-rated—I should be very careful: it is over-business rated. It is not over-rated; it is of course the best part of planet Earth.

Kendal, Windermere, Penrith and communities throughout Cumbria are thriving compared with many places—we are lucky to have so many independents—but the gaps that we have in our high street we have in large part because business rates are totally unfit for purpose. They are a drag on investment and snuff out entrepreneurial zeal. If the Government really wanted to create investment zones, they would create them on every high street in the country by scrapping or reforming business rates.

[Dehenna Davison]

I am grateful to the hon. Gentleman for raising this issue, about which we have all had local businesses, shop owners, shop workers and other constituents contact us. I am sure the hon. Gentleman will be aware that the Government reported on the business rates review, which was published with the 2021 autumn Budget. We will respond to the ongoing technical consultation in due course. At the Budget we also set out a range of measures to reduce the burden of business rates on all firms, including freezing the business rates multiplier, new support for businesses that are improving and greening their properties and additional support for high street businesses. It was a package worth more than £7 billion to businesses over the next five years.

I will keep this relatively brief. I understand the hon. Gentleman’s intention, but I suggest that the provision is unnecessary. Should the Government wish to undertake a further review of business rates, we would not require legislation to do so. I fear that putting that requirement into primary legislation would be unduly restrictive, create unhelpful bureaucracy and actually slow the possible rate of change.

[Tim Farron]

The Government do not need legislation to do most of what is in the Bill—just get on with it. Levelling up is something they can just crack on with. Business rates are a massive drag on investment in our high streets. If I heard in what the Minister said any commitment to look at that seriously, so that the obvious burden was addressed, those with the wealth to pay business-related taxes pay more, and communities in the north of England as well as those struggling in the south paid a fairer and lower rate through a new system, I would be prepared to withdraw the motion. On the condition the Government are seriously looking at that, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 66

Disability accessibility standards for railway stations

“(1) The Secretary of State must take all reasonable steps to ensure that railway stations in England—

(a) provide step-free access from street to train, and

(b) meet in full and as soon as possible the disability access standards in the Design Standards for Accessible Railway Stations Code of Practice published by the Department for Transport and Transport Scotland in March 2015.

(2) Any requirements made in conjunction with that duty may not make any exemptions or concessions for small or remote stations.

(3) In undertaking the duty in subsection (1) the Secretary of State may—

(a) make an application to the Office of Rail and Road under section 16A (provision, improvement and development of railway facilities) of the Railways Act 1993;

(b) revise the code of practice under section 71B (code of practice for protection of interests of rail users who are disabled) of the Railways Act 1993;

(c) amend the contractual conditions of any licenced railway operator;

(d) instruct Network Rail to take any action the Secretary of State considers necessary in connection to the duty.

(4) The Secretary of State must report annually to Parliament on performance against the duty.” —(Tim Farron.)

This new clause places a duty on the Secretary of State to ensure that railway stations meet disability access standards.

Brought up, and read the First time.

Levelling-up and Regeneration Bill (Twenty Fifth sitting)

Dehenna Davison Excerpts

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

It is a pleasure to serve under your chairmanship, Sir Mark. I am grateful to the hon. Member for South Shields for raising this matter. As MPs for the north-east, we are acutely aware of the value of manufacturing. She referred to her manufacturing powerhouse, which the north-east certainly is. We want it to continue to thrive, but we also want the entire UK to thrive when it comes to manufacturing.

Manufacturing is vital to levelling up as it provides high-skilled and well-paid jobs. It is supported by the Government, including through a new £1.4 billion global Britain investment fund, with grants to encourage internationally mobile companies to invest in the UK’s critical and most innovative industries.

There are already publicly available official statistics covering matters in the new clause, such as the number of manufacturing jobs by region. We are a little concerned that the new clause would require an additional and disproportionate burden on businesses to collect data in a timely manner at a time when they are already facing unprecedented rising costs, which are particularly acute for manufacturing businesses. We therefore feel that the new clause is unnecessary at this stage.

The hon. Member for Westmorland and Lonsdale talked about having real metrics at the heart of levelling up, which the Government are certainly passionate about. We want to be able to measure levelling up to show that we are successfully delivering it. That is why we are already taking steps to improve the quality of the spatial data that we have available.

My Department has established a new spatial data unit to drive forward the data transformation required in central Government. The unit supports the delivery of levelling up by transforming the way the UK Government gather, store and manipulate sub-national data to underpin transparent and open policy making. On that basis, I think we are reaching for the same end here. I reassure the hon. Member for South Shields that the spatial data unit will be pivotal in this matter. The Department for Education is also working to deliver a better understanding of local area skills demand and supply through its unit for future skills.

[Mrs Lewell-Buck]

I referred to the fact that the Government’s technical annex to the White Paper identifies an issue with measuring and understanding pay, jobs, living standards and productivity. If the Government do not want to put an extra burden on businesses, who will they ask to get this data for them? How will they do that?

[Dehenna Davison]

This is a matter for our excellent new spatial data unit, which is doing valiant work. It will really help us to understand the scale of the challenges, as well as the progress that we are making against the levelling-up missions. As a Government, we are determined to level up and make progress against those missions.

We are doing a lot of great work in this area and the spatial data unit really will be revolutionary in how we gather this data. For the reasons I have outlined, I ask the hon. Lady to withdraw her new clause.

--- Later in debate ---

[Ben Bradley (Mansfield) (Con)]

It is a pleasure to serve under your chairmanship, Sir Mark. I want to give the Committee a change of scenery for five minutes, before I let somebody else speak. I will not develop these points; I will just add a thought that the Minister might wish to take away and consider in further conversations.

The Bill will, I hope, create numerous mechanisms and levers to incentivise local areas to bring forward brownfield sites, not least development corporations, combined authorities and the investment zones that have been the subject of much conversation. I should declare an interest, because I am the leader of a local authority and I am involved in a devolution conversation in the east midlands. At a regional level, we have been given funding to bring forward brownfield sites for development, and we are considering how we might use that funding locally to achieve this goal. Perhaps the Minister might consider whether some of the levers, funds and opportunities that my hon. Friend the Member for Buckingham has proposed would sit better at a devolved, local level within one of the mechanisms created by the Bill, rather than in the Bill itself.

[Dehenna Davison]

It is a pleasure to speak to this amendment from my hon. Friend the Member for Buckingham. We have done some great work on it together, and I hope we can continue in that spirit. Members will know that the Government strongly encourage the use of brownfield land over greenfield, and in national policy there is an expectation that local planning policies and decisions will give substantial weight to the value of using suitable brownfield land to meet our communities’ housing needs and other identified needs.

My hon. Friend was right to highlight the cost differential that developers face. We are investing significant funding to support brownfield development, including in some of the schemes that he has mentioned. I will rattle through them one more time for the Committee’s benefit. There is the £550 million brownfield housing fund and the £180 million brownfield land release fund 2, which builds on the success of the £75 million first brownfield land release fund. In addition, later this year we aim to launch the £1.5 billion brownfield, infrastructure and land fund, which will unlock sites around the country.

We are particularly sympathetic to this cause, which is why we are setting out a range of new measures and powers in the Bill to support brownfield development. My hon. Friend the Member for Mansfield is right to talk about local empowerment—something that I know he is a real champion of in his other role, at local government level. We are keen that the Bill in its entirety will empower local leaders to regenerate towns and cities through a range of provisions, including new locally led and locally accountable development corporations, which my hon. Friend mentioned, and support for land assembly and regeneration through enhanced compulsory purchase powers.

My hon. Friend the Member for Buckingham mentioned the infrastructure levy introduced in the Bill. It provides a framework in which, where increases in land value are higher—as is often the case with greenfield development—higher rates can be set. This mechanism would allow differential charging rates to be set by local planning authorities for different types of development, so that more could be levied on greenfield land as compared with brownfield land to incentivise development on that brownfield land.

We will also continue to work on wider planning proposals that will give the public an opportunity to shape our future national planning policy, and in relation to which the Government have committed to consult the public.

On that basis—because we are already taking such strong steps to encourage brownfield development and have a commitment to review national policy—we do not feel that the new clause is necessary, so I kindly ask my hon. Friend to withdraw it today.

[Greg Smith]

I very much welcome the Minister’s commitments. She is absolutely right in outlining the various schemes to support brownfield development. I guess the thought I will leave her with is the reflection that, rightly, there is a lot of carrot in those schemes; where I do not think we have quite enough at the moment is the stick to dissuade people from greenfield development. We need to ensure a proper balance of incentivising, through grant funding or whatever it might be, development on the brownfield sites, and also something to actively dissuade developers from looking at the greenfield sites. If we can carry that conversation on through to Report, I am content to withdraw new clause 23 at this time. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 24

Report on measures to improve the efficiency of the housing market

“(1) The Secretary of State must, within 60 days of the day on which this Act is passed, establish a review of the merits of measures to improve the efficiency of the housing market.

(2) The review must, in particular, consider the impact of—

(a) a stamp duty exemption to encourage elderly homeowners to downsize,

(b) an additional stamp duty surcharge on purchases by person not resident in the UK,

(c) a stamp duty surcharge on second home purchases,

(d) a reduction in the highest rates of stamp duty, and

(e) measures to promote an active market in long-term fixed rate mortgages to encourage lending to first time buyers.

(3) The Secretary of State must lay a report on the findings of this review before Parliament no later than one year after this Act comes into force.”—(Greg Smith.)

This new clause would require the Secretary of State to review the merits of measures to improve the efficiency of the housing market and to report the findings to Parliament.

Brought up, and read the First time.

--- Later in debate ---

[Greg Smith]

New clauses 25 and 26 are quite important to free up for good use properties that may have fallen into disrepair or been unoccupied for a long time. I am sure that we could all name properties in our constituencies that we have canvassed for five elections running but nobody is ever behind the door. We put leaflets through the door, but the post reaches almost as high as the letterbox itself. Those are homes that I hope all Members, of whatever political persuasion, would acknowledge really should not be sat empty, but should have a family or whoever living in them. Of course, the wider public good is also served by not allowing properties to fall into disrepair and become eyesores or perhaps hotspots for disorderly behaviour, as people seek to take them over illegally.

New clause 25 does not contain specific legislative measures to deliver the outcomes we are seeking, but it creates a duty on DLUHC to report on how better to ensure that empty properties that have fallen into disrepair and are perhaps causing other public health hazards can be more easily brought back into the housing supply chain for social rent, for part rent, part buy, for discount market housing, or for whatever it might be.

New clause 26 is about ensuring that the compulsory purchase powers available to local authorities are suitable, if I may put it in those terms, to enable them not just to get those properties back into productive use and put a roof over human beings’ heads, but to ensure that local authorities that often bang their heads against a brick wall when it comes to certain compulsory purchase powers are freed up to make the right decisions for the communities they represent.

[Dehenna Davison]

I completely agree with the sentiment behind these new clauses. We can probably all think of examples in our constituencies of the sorts of vacant properties that my hon. Friend mentioned. Indeed, I was out in Eldon Lane with neighbourhood wardens, local police and local councillors—I think last week or the week before—looking at streets where most of the houses sit empty and can become hotbeds for antisocial behaviour and petty crime, so this is certainly something we want to tackle.

I agree with the benefits of promoting development in areas that are already developed, but I do not think that new clause 25 is necessary. We have already debated the Government’s national planning policy framework, which promotes the development of previously developed land and makes it clear that local plans should also include sufficient provision for affordable housing. I share the interest in novel ways of increasing the supply of affordable housing. The Government’s affordable housing guarantee scheme is a good example of this kind of innovation. The same is true of the proposal in the Bill to secure affordable housing contributions in future through a new streamlined mandatory and locally determined infrastructure levy.

My hon. Friend also made the case for housing associations to purchase homes that are empty or not currently fit for human habitation. I agree that this can play a valuable role in expanding the availability of affordable housing and improving the overall quality of our housing stock. Local authorities and other social housing providers can access funding to acquire empty homes on the market and bring them back into use through programmes such as the affordable homes programme and the rough sleeping accommodation programme.

Briefly, on new clause 26, I strongly share my hon. Friend’s desire to ensure that the compulsory purchase system is fit for purpose and can play its part in delivering our levelling-up agenda. My officials have worked incredibly closely with key stakeholders to review the current system and develop the package of measures in the Bill. We believe that these measures, supplemented by improved and updated guidance, will together ensure that local authorities have the powers they need to bring forward the regeneration of their high streets and town centres, and to deliver much needed housing and infrastructure. We also believe they will deliver a faster and more efficient compulsory purchase system and make compensation simpler and clearer. I have also asked the Law Commission to undertake a review and consolidation of the existing legislation on compulsory purchase and land compensation, which will begin shortly.

On that basis, I hope that my hon. Friend will agree that a statutory review is not necessary and ask him to withdraw the new clause.

[Greg Smith]

On the back of those commitments, I am happy to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 27

Deliberate damage to trees linked to development

“(1) Section 210 of the Town and Country Planning Act 1990 (penalties for non-compliance with tree preservation order) is amended as follows.

(2) After subsection (4) insert—

‘(4AA) Subsection (4AB) applies if—

(a) the court is considering for the purposes of sentencing the seriousness of an offence under this section, and

(b) the offence was committed for purposes connected to planning or development.

(4AB) The court—

(a) must treat the fact mentioned in subsection (1)(b) as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and

(b) must state in open court that the offence is so aggravated.’”—(Greg Smith.)

This new clause would make damage to trees or woodland in contravention of a tree preservation order an aggravated offence if it was committed for purposes connected to development or planning.

Brought up, and read the First time.

--- Later in debate ---

[Tim Farron]

The two new clauses are about trusting local communities. We are not saying that every meeting must be held virtually, but that local authorities—in this case, planning authorities—should have the power to do so, and for good reason. My preference is for in-person meetings, but for the reasons that have been set out, especially by the hon. Member for Buckingham, local authorities should have that power.

Every part of my patch is parish. There are 67 parishes, and some of them are bigger than most Members’ constituencies and have not very many people living in them. To get from one end of the Lakes parish to the other, people have to pass three or four lakes. We should consider the age profile of some of the members of the parish councils and the distances involved. I said earlier that it rarely rains in the lakes, but occasionally it might. It certainly gets dark at certain times of the year. On a wet November night, holding a meeting on screen rather than physically is probably safer and better for everybody. Let us trust communities to make those choices on the go, and not impose.

The pandemic has been a traumatic and formative experience for us as a culture, as a society and as representatives of the people. We have learned many lessons, and some of them we should carry on with. I was disheartened and disappointed that some members of the Government seemed to be almost determined, as a point of principle, to close down any virtual operation of democracy during the pandemic—never mind at the end of it. It is encouraging to hear a cross-party outbreak of common sense today. It would be great if the Government listened.

[Dehenna Davison]

As a millennial Minister who is used to swiping and not to turning pages, Members might expect me to say that I prefer virtual meetings, but actually I do not. In-person meetings and the social element are important, yet we saw the value of virtual meetings during the pandemic, at the time when we needed them most. Hon. Members will remember the powers granted through the Coronavirus Act 2020, which allowed local authorities flexibility on remote and hybrid meetings, in certain circumstances. They will also know that those regulations expired back in May 2021. Since that date, all council meetings have had to be in person. The new clauses lean into the terms of those previous provisions and seek to replicate them on a permanent basis, but only for planning committees. I heard the points made by my hon. Friend the Member for Mansfield.

Looking beyond the circumstances of the pandemic, the Government considered that there may be benefits to permanent provisions for remote meetings, and that local councils may be keen to have the flexibility to use that provision as they see fit. I have been lobbied by a lot of my local parish councillors on the benefits that remote meetings can bring.

As my hon. Friend the Member for Mansfield highlighted, the Government conducted call for evidence last year to test the views of those who had participated in and experienced councils’ remote meetings to inform our decision on this matter. I thank the shadow Minister, the hon. Member for Greenwich and Woolwich, and the hon. Member for Westmorland and Lonsdale for their points on trust in local governance and local planning, which we all agree is paramount. Increasing participation is only ever a good thing.

The Department has considered the responses to the call for evidence and we have been weighing the benefits, which hon. Members have highlighted, against views that physical attendance remains important to deliver good governance and democratic accountability. I take on board the point made by my hon. Friend the Member for Mansfield about the investment in the technology that a lot of local authorities had made, which must also be taken into account.

I genuinely thank my hon. Friends for tabling the new clause, but we need to first consider the call for evidence. We will issue our response, which will set out the Government’s intentions. I ask for a tiny bit more patience and for the new clause to be withdrawn.

[Greg Smith]

The self-styled millennial Minister makes the commitment. Asking for slightly more time seems reasonable to me. However, if we are to be true to localism, I would double-underline and highlight the need to ensure that local people are able to participate in proceedings. Just as we can still have a witness virtually at a Select Committee in this place, councils should have the discretion to use virtual proceedings, to maximise participation locally. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 29

Local authorities to be able to raise planning fees to cover costs including planners

“(1) Section 303 of the Town and Country Planning Act 1990 (fees for planning applications etc.) is amended as follows.

(2) After subsection (5) insert—

‘(5A) Regulations made by the Secretary of State under this section may provide for local planning authorities to vary fees or charges under this section payable to the local planning authority to cover the reasonable costs of their exercise of planning functions.

(5B) In subsection (5A), “reasonable costs” includes the employment of qualified planners.’”—(Greg Smith.)

This new clause would enable the Government to allow local planning authorities to vary planning fees and charges to cover their costs relating to planning, which could include the employment of qualified planners.

Brought up, and read the First time.

--- Later in debate ---

[Rachael Maskell]

I beg to move, That the clause be read a Second time.

It is a pleasure to move the new clause and to give the hon. Member for Buckingham some respite. The new clause relates to fiscal responsibility in local government. Without proper viability being sought, local authorities can pay millions of pounds on projects and never reap the return. That is why the new clause relates to capital investments and economic appraisals, which should be undertaken and understood, but without a Green Book-style appraisal, local authorities can end up paying and developers and landowners gaining, with ultimately no reward and benefit to the local community. The new clause is designed to ensure that the finances on any project are transparent and for the benefit of local people. It would ensure that there is gain for all and not ultimate loss, not least given that we are talking about the use of public resources. That is why the new clause is important.

The case study to which I want to refer particularly is that of the York Central site. The cost of bringing that site forward is now believed to be £200 million of public funding. As that project moves forward, more and more is being demanded from public sources to fund it, and yet the local authority may never see a return on that investment. City of York’s infrastructure investment was planned to be around £35 million, but it has now been given an estimated debt cost of £57 million based on April interest rates, which will clearly be significantly higher now.

The Department for Levelling Up, Housing and Communities has also put in £77 million and it is believed that more than £50 million will have to come through the Mayor’s budget once it is approved and in place—we are expecting that to be in 2024. In a briefing, councillors were told that the council would need to put in £85 million and debt costs to fill the gap, but we could now be talking about nearer £100 million rather than the £35 million once rejected. As a result, it is necessary to weigh up the viability of the site not for the developers, as set out, but for the local authority. It is that check that is not required for such a project today, but it is really important, not least because local authorities simply do not have the necessary margins and, as a result, have to cut back on vital services to fund such capital projects.

My amendment therefore calls for prudence. On sites where any capital investment over the value of £2 million is made, there must be an economic appraisal commissioned and then published assessing the financial viability of the site to the authority. York Central has been developed for housing, so it will not reap the opportunities that a larger business owner could bring in nor those to do with council tax, as most of the properties being developed will be for investment, not for local residents to live in. They will either be empty units, leading to a cost to our city, or will be turned into Airbnbs, a matter that I will turn to later. Of course, Airbnb falls under the thresholds of flipping the property, not paying council tax and not paying business rates either, so the local authority loses millions of pounds as Airbnbs dodge the system.

At a time of significant austerity in local government, it is crucial that more scrutiny is given to the costs it has to expend on sites. My amendment simply calls for proper governance over finances and, at a time when the whole nation is looking at how Governments at all levels are more prudent with the spending of their money, it is right to bring forward such a measure to ensure that public money is spent in a way that will see its return and will be for the benefit of the people, not the developers and landowners who ultimately gain from such development.

[Dehenna Davison]

I am grateful to the hon. Member for York Central, who always talks incredibly passionately about her constituency. I thank her for bringing her experience of the capital project she mentioned to the Committee. As a Conservative, my ideology tells me that ultimately we always need to get best value for taxpayers’ money.

The Government recognise the importance of local capital investment for economic growth, improved public services and meeting our priorities, such as on housing delivery. That is why we need a robust system that supports the benefits of local decision making and allows sensible investment while safeguarding taxpayer’s money and protecting the local government finance system. Unfortunately, in recent years a small minority of local authorities have taken excessive risks with taxpayers’ money; they have become too indebted or have made investments that have ultimately proved too risky. That is why we need to ensure that the system is fit for purpose.

The changes made through clause 71 provide a flexible range of interventions for the Government to investigate where capital practices may have placed financial sustainability at risk and to take steps to remediate issues if necessary. We think that that is sufficient to address risk.

We have recently taken a number of steps to improve the transparency of local authority capital investment and borrowing. Last year we completed our data survey, which is designed to extract new data from local government and fill our identified information gaps. As of February 2022, we amended our regular statistical returns to obtain more detailed data on local authority investment activity. That will provide the Government with the clarity they need on the performance of investment assets as well as the location and risk management of investment properties.

--- Later in debate ---

[Rachael Maskell]

I am grateful for the Minister’s contribution. However, will she acknowledge that even if the viability of a site stands up, some of the investors in it may not? What ultimately happens is that local authorities become the backstop for financing and have to fill the gaps in order for those sites to be brought forward. As a result, the benefit goes to the developer and the risk sits with local authorities.

[Dehenna Davison]

I have certainly heard what the hon. Member has said, and we all have examples from our own constituencies and authorities. The current legislation and statutory codes allow local government to appraise risks as they stand. Alongside that, the monitoring and provisions that we are seeking through clause 71 will provide central Government with assurance. We think that the new clause is unnecessary, and I ask the hon. Member to withdraw it.

[Rachael Maskell]

I am grateful to the Minister for giving way again. Reflecting on the example that I gave, will she say how her Department would scrutinise the funding of sites such as the one in York Central to assess the viability of the local authority’s having to make increased contributions? Has the Department done that?

--- Later in debate ---

[Dehenna Davison]

I will be happy to follow up with the hon. Member on that point in writing.

[Rachael Maskell]

I thank the Minister for her response, but I am not satisfied that what she says will be sufficient to ensure that there are safeguards on local public resourcing that is brought forward on a site, particularly one as important as the York Central site, where eye-watering sums of money are being spent. I will therefore read with care what she writes to me to see whether there are sufficient safeguards. If I am not satisfied, I will want to return to this issue at a further stage of the Bill, but for now I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 38

New use classes for second homes and holiday lets

“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.

(2) In paragraph 3 (dwellinghouses)—

(a) for ‘whether or not as a sole or’ substitute ‘as a’, and

(b) after ‘residence’ insert ‘other than a use within Class 3B)’.

(3) After paragraph 3 insert—

‘3A Class C3A Second homes

Use, following a change of ownership, as a dwellinghouse as a secondary or supplementary residence by—

(a) a single person or by people to be regarded as forming a single household;

(b) not more than six residents living together as a single household where care is provided for residents; or

(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within class C4).

Interpretation of Class C3A

For the purposes of Class C3A “single household” is to be construed in accordance with section 258 of the Housing Act 2004.

Class C3B Holiday rentals

Use, following a change of ownership, as a dwellinghouse as a holiday rental property.’”—(Tim Farron.)

This new clause would create new class uses for second homes and short-term holiday lets.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Levelling-up and Regeneration Bill (Twenty Fourth sitting)

Dehenna Davison Excerpts

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[The Chair]

I have a few preliminary reminders that Mr Speaker has asked me to read out for the Committee. Please switch electronic devices to silent. No food or drinks are permitted during sittings of this Committee, except for the water provided. Hansard colleagues would be grateful if Members could email their speaking notes to [e-mail].

Clause 184

Pavement licences

Question proposed, That the clause stand part of the Bill.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

It is a pleasure, as ever, to serve under your chairmanship, Mr Hollobone. The temporary streamlined route for pavement licences implemented in 2020 has been successful in supporting the expansion of outdoor dining during the covid-19 pandemic and the economic recovery. To continue supporting the hospitality sector, and to encourage better use of our high streets for our communities, we are making that measure permanent.

Clause 184 inserts a new schedule that amends the Business and Planning Act 2020, making the measure permanent subject to the amendments set out within the schedule. The clause is necessary to ensure that businesses, communities and local authorities have a sustainable process going forward, which balances the interests of all and enables better use of outdoor spaces. I commend the clause to the Committee.

Question put and agreed to.

Clause 184 accordingly ordered to stand part of the Bill.

Schedule 17

Pavement licences

[Alex Norris (Nottingham North) (Lab/Co-op)]

I beg to move amendment 199, in schedule 17, page 321, line 27, at end insert—

“(A1) In section 1 of the 2020 Act (Pavement licences), in subsection (5)(b) at end insert ‘but includes any part of a vehicular highway which is adjacent to a highway to which part 7A applies.’.”

This amendment would enable the pavement licence to include part of the carriageway, where the carriageway were adjacent to, for example, an eligible pavement. This would enable a licensing authority to grant licences which occupy part of the highway shared between space for pedestrians and vehicles.

It is a pleasure to resume debate with you in the Chair, Mr Hollobone. We support the principle of pavement licences, along the lines of the Minister’s introduction, but we have tabled a few amendments that would enhance them. We are interested in getting some views on the amendments, to ensure that the scheme works as well as it can, taking into consideration concerns about its implementation, whether of road users, walkers, businesses or disabled people. We need to ensure that all voices are heard, and the Bill provides a good moment to do so. As the Minister said, this was a very challenging time for business, but having gone through a dreadful couple of years of collective sacrifice we should seek to grab whatever good we can get from it.

One of the issues, with the benefit of hindsight, with the Business and Planning Act 2020, which legislated for pavement licences, is that a licensed area may take up part of the pavement but not part of the carriageway unless vehicles are already restricted or excluded from it. The existing provisions therefore protect vehicular space but reduce pedestrian space, which is contrary to the aims of “Gear Change”, the vision of the Department for Transport to make England a great walking and cycling nation. If it is right to license extra space for use for commerce, I do not think that we should put a blanket limitation on the nature of the space available, and not include highways when local space could sensibly accommodate it. Again, it would be a matter for local discretion whether it was reasonable to encroach on the space used primarily by motor vehicles, not just by pedestrians.

The amendment would allow a pavement licence to use part of the carriageway adjacent to a pavement. Local authorities would then be able to decide where it was appropriate to allow use of the carriageway. We would expect them to refuse the use of busy roads, but perhaps to license space in other roads and to use road furniture creatively, just as a build-out can accommodate a bus stop, to ensure that the space is still available in its usage. The amendment would empower local authorities, which know best in this regard, to make the decision, thereby giving a bit of flexibility. I am interested in the Minister’s thoughts.

[Dehenna Davison]

The Government are incredibly supportive of provisions making it as easy as possible for businesses and authorities to facilitate outdoor eating and drinking through the use of the streamlined pavement licence process. I am grateful for the shadow Minister’s broad support for this measure.

There are already a number of ways in which a local authority can consider the pedestrianisation of a street—for example, through traffic regulation orders under the Road Traffic Regulation Act 1984 and through a pedestrian planning order under section 249 of the Town and Country Planning Act 1990. That includes facilitating the placement of furniture on the highway for al fresco dining. The regimes already in place to consider pedestrianisation include important processes to allow the consideration of any issues, including whether vehicular access is required at any time of the day. Pavement licences can then be granted for highways that have been considered under those processes. We have seen the success of that in practice across the country, including in Soho in London and in the Northern Quarter in Manchester, so I kindly ask the shadow Minister to withdraw his amendment.

[Alex Norris]

I am grateful for the Minister’s answer. I felt that there was a contradiction, however, because she started by talking about a desire to streamline the process, but it was explained essentially as a double process. Not only will there be a pavement licence process, but the local authority will then have to do the other process that she detailed in order to change the use of the space. I am not sure that that is streamlined. Nevertheless, the facility is there to do it and I think that I have made my point, so I will not labour the argument any further. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a continuing pleasure to serve under your guidance this morning, Mr Hollobone.

The amendment moved by the official Opposition gives us something to consider. For someone who represents an area such as Cumbria, where it is always sunny and al fresco dining can therefore happen at any time throughout the year, it is hugely significant. One of the learnings in the development of the pandemic that could have a positive ongoing legacy is the move towards dining and drinking outside, and making better use of the public realm. That is a positive thing.

Let us remember that pubs in particular have never been under more pressure than they are now. We lose many every week, with people losing their livelihood and communities the thing that holds them together. It is deeply troubling to see that happen. We should allow smaller pubs especially to gain the full benefit of anything that they can from the provisions allowing use of the pavement and parts of the highway to expand capacity and therefore increase profit.

I agree, however, that with larger employers and businesses we absolutely need to ensure shared benefit from the development for two reasons. First, we are giving local authorities more responsibilities. Planning departments—we have discussed this throughout the Bill—have an enormous role to play in ensuring that communities have genuine power. If we are devolving power to communities, we have to allow planning departments that work on behalf of those communities the resources—the scope—to be able to enforce their rules. This is an additional responsibility, so we should enable additional finance to go to the planning authorities to make sure that they can uphold the rules, protect the community and ensure that the costs to the local authority, the community and the council tax payer for highways, refuse collection and other things are borne jointly.

Secondly, many people will observe that throughout there has been a disconnect between the interests of the local authority and the business community. The proposed measure would integrate them—the fact that there is joint benefit shows that it is in the interests of the council tax payer and the business rate payer to do the same thing. Organised synergy is almost a consequence of the two amendments, which is why they are important. I hope that the Government will take them seriously.

[Dehenna Davison]

The thing that is most wonderful about today is that only seven minutes into the Committee’s sitting, we have found some cross-party agreement, which is on the quality and value of a good pub garden. I hope that at some point we can share a pint in one, when the Bill Committee is over.

Clearly, in my last few trips, I have been in Cumbria on those incredibly rare rainy days, but the hon. Member for Westmorland and Lonsdale made a good point that pub and hospitality businesses are under pressure. According to our most recent stats, 73% of hospitality firms have outstanding debt as a result of the pandemic, so at this point we really do not want to put additional undue pressure on businesses.

In developing the proposals to make the streamlined pavement licensing process permanent, we have worked closely with local authorities, business, leaders of the hospitality sector and the community. That is why we are increasing the fee cap from £100. We will take detailed analysis of the actual cost to create a sustainable process, which will cover the cost to local authorities of processing, monitoring and enforcing the powers, while remaining affordable and consistent for businesses around the country. Businesses have seen inflated fees reaching thousands of pounds per application under the previous process.

Local authorities maintain flexibility to set fees at any level under the fee cap, to respond to local circumstances. For example, we have seen some areas make licences completely free in order to support their local high street. At a time of rising costs, we are not seeking to impose additional charges on business, in particular given that the hospitality industry was one of the hardest hit by the pandemic. On that basis, I ask the hon. Member for Nottingham North to withdraw his amendment.

[Alex Norris]

I am grateful for the contribution of the hon. Member for Westmorland and Lonsdale. His point about joint benefit is a good way to characterise this—we do not envisage a situation in which business and local authorities scrap it out, but take a sharing approach, with the benefit going to local rate payers as well.

I am also grateful for the Minister’s response. She addressed well the point on cost, and we would not want local authorities and therefore rate payers to be out of pocket for the processes, so there should be cost recovery. However, I do not think she has addressed the point on the enhanced value through use of a public asset. As drafted, the amendment is not quite ready for inclusion in the Bill, but I hope that the Minister will reflect further on the point that it makes. We will certainly return to it in due course, but for the moment I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[Alex Norris]

Under the current provisions of the 2020 Act, the application and consultation process for a pavement licence do not adequately protect the public interest, particularly with regard to having suitable time to engage in a consultation. As it stands, the process is such that the applicant for the licence must immediately display a notice on their premises. The date of the application is the date on which it is sent to the local authority and that display is made. The local authority must then publicise the application for public comment. The public consultation period lasts seven days, starting the day after the application has been made. The Bill amends that to 14 days—that is welcome—but that is the sole change to the process. We think the process could be further improved and my amendments seek to do that.

Amendment 200 delays the date on which the application is deemed to have been made until the local authority issues a receipt. That delays the start of the clock on the public consultation period until the local authority has been able to act and do something about it. Amendment 201 builds on the increase to 14 days and instead increases the period to 28 days, therefore protecting the public with such a period of engagement. As the 2020 Act currently applies, if the local authority fails to publicise the application until a week after receipt, the public have no time to respond. That is assuming that they have not seen the site notice, and we know there is a challenge there. That cannot be right or fair for the public, and is probably reflected in the decision to move to 14 days. However, we still think that is not enough time, especially if we consider that we are often talking about the summertime. We know local authorities already have limited resources. If the appropriate officer is away or unavailable, there might be a delay to that process, when the clock is running down and the public do not know that.

That is worthy of consideration in and of itself, to ensure that the right balance is struck regarding the public interest. I am also interested in the Minister’s views on the following matter. In the 2020 Act, section 3(6) says that there may be circumstances in which the granting of a licence would have unacceptable effects on the use of a highway. That makes sense because, otherwise, why have a process? There are circumstances where the answer might be no. However, at the moment, if the local authority does not act quickly enough, the licence is granted notwithstanding those effects. There is a contradiction there. Can the Minister say whether the Government wish to draw the line at 14 days? Is it clear that there could not be a situation where what ought to be a rejected grant could, through delay, be granted anyway?

[Dehenna Davison]

I thank the shadow Minister for his clarity on the purpose of his amendments. The pavement licence process that we are seeking to make permanent has been successful over the past few years because it provides a simpler and more streamlined process to gain the licence. We feel that the amendments would place unnecessary new administrative processes on local authorities by requiring a receipt to be sent to all applicants. They also have the potential to create a delay in the process, meaning that licences could take longer to be determined should receipts not be processed within reasonable timescales. We are, however, seeking to double the consultation and determination periods, compared with the temporary process, to ensure that communities have sufficient opportunities to comment on applications.

We have worked closely with stakeholders, including groups representing disabled people, local community groups, businesses and local authorities, in considering the consultation period when making the streamlined pavement licence process permanent. In working with those groups, we have sought to achieve a balance between a quick and streamlined process and ensuring that process is sustainable for the long term and gives communities an opportunity to comment on applications. That is why we are setting the consultation period at 14 days—double that of the temporary process. We feel that the amendments would create a slower process than that which it replaces, adding unnecessary administrative burdens for local authorities.

The shadow Minister is correct that if the local authority does not decide within the 28 days, the licence will be deemed granted, but local authorities still hold control, as they are able to publish conditions in advance that will automatically apply to any deemed licence. That provides an additional layer of protection, so I kindly ask him to withdraw the amendment.

--- Later in debate ---

[Alex Norris]

I beg to move amendment 203, in schedule 17, page 322, line 31, leave out paragraph 7 and insert—

“7 (1) Section 3 of the 2020 Act (determination) is amended as follows.

(2) After subsection (8) insert—

‘(8A) A local authority, in deciding whether to grant a pavement licence under subsection (3), shall have regard to the desirability of maintaining the free flow of pedestrians and other road users along the highway, and the avoidance of inconvenience to such persons.’.”

This amendment would confer discretion on a local authority to have regard to the needs of road users in deciding whether to grant a pavement licence.

As I said in the previous debate, under the 2020 Act the local authority can refuse to grant licences that prevent traffic from passing along the highway or that inhibit the passage of, say, mobility scooters. However, the Act is not clear—I want to test the Minister’s views on this—about whether a local authority can refuse a licence that inhibits or unduly influences the free flow of people or their enjoyment of the public amenity. For example, what if an authority believed that the use of the licence would substantially interfere with the free flow of pedestrians or cycles at a peak time or deprive people of the use of street facilities such as benches? If residents living nearby, or in flats above shops, would be disturbed by the use of the licence above and beyond what we would normally expect under the alcohol licensing process, would an authority be able to refuse the licence on that ground alone? The Government’s guidance states that

“1500mm clear space should be regarded as the minimum acceptable distance between the obstacle and the edge of the footway”,

but 1.5 metres is not a particularly generous allowance in a shopping street. Would the Minister be comfortable with a local authority seeking more than that?

The amendment proposes a solution to the examples I have listed. It proposes that an authority should be able to refuse a licence if the use of it would interfere with pedestrian flow—for example, if it would leave the pavement so narrow that pedestrians might feel they had to step into the carriageway to pass each other, which obviously is not very desirable. I am keen to test the Minister’s views on that, and to get on record the level of flexibility that local authorities have to balance the enjoyment of the amenity across various, possibly competing, interests.

[Dehenna Davison]

I thank the shadow Minister for raising an important issue that local authorities must consider when determining applications, which is the continuing flow of pedestrians and other road users on the highway. The Business and Planning Act 2020 already requires that local authorities take that into consideration when determining applications through section 3(6), and it prevents licences from being granted where they would prevent pedestrians or other non-vehicular traffic from entering or passing along the highway or having normal access to premises adjoining the highway.

Ensuring that pavements remain accessible to everyone, including disabled people, is a condition of the temporary pavement licences issued by councils. Where that condition is not met, licences can be revoked. To provide some reassurance, we have worked with the Royal National Institute of Blind People and the Guide Dogs for the Blind Association to refine the guidance to ensure that local authorities consider the needs of people who are blind when setting conditions and making these decisions.

We have carefully considered the issue of minimum distances, which the shadow Minister raised, and we judge that we should leave some room for reasonable local discretion, given the different physical environments involved. However, we have made it clear that 1.5 metres will be the minimum acceptable width in most circumstances. We therefore resist the amendment on the basis that the existing legislative framework already requires local authorities to consider these issues, and they cannot grant a licence if pedestrians are prevented from using the highway as they usually would. I therefore kindly urge the shadow Minister to withdraw his amendment.

[Alex Norris]

I am grateful for that answer. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 202, in schedule 17, page 322, line 32, leave out “14” and insert “28”.

This amendment would allow a local authority 28 days to determine the application, instead of 14.

If this feels a bit like a replay of the debate on amendments 200 and 201, I assure colleagues that it is slightly different—they might just have to squint to see that.

At the moment, the Bill retains the stringent regime whereby a local authority must determine an application for a pavement licence within a fixed period. Formerly, that period was seven days; it will now be 14 days. If the local authority fails to do so, the application is deemed to have been granted. Labour wanted to extend the period for consultation purposes, but we have not succeeded. I want to test the point of potentially amending it to give the local authority

“28 days to determine…instead of 14”,

as it says in amendment 202.

We remember well the quick passage of legislation during the early knockings of the pandemic. As the Minister said, the industry was struggling and we needed to support it, and quick action was integral to that. The times for consultation and determination in the 2020 Act reflected that, but now that we do not have such time pressures, it is reasonable to expect a little more time for determination, not least because local authorities are hard-pressed. They will probably have only a single person, not teams of people, working on these applications.

The two-week period would not align with most applications people might make to their local authorities. For example, it would certainly not align with an alcohol licence—ordinarily, that would not be determined in 14 days, and it definitely would not be deemed to be granted if the clock had run out. Labour feels that having a little more time—28 days, rather than that two-week period—would give space for creative solutions in line with those the Minister set out in the previous debate and would ensure a fair balance between the business, the public and the local authority.

[Dehenna Davison]

We have worked closely with stakeholders, including groups representing disabled people, local community groups, businesses and local authorities, in considering the determination period when making the streamlined pavement licence process permanent. In working with those groups, we have sought to achieve a balance between a quick and streamlined process and ensuring that the process is sustainable for the long term and gives local authorities sufficient time to consider any issues and determine the application. That is why we are setting the determination period at 14 days—double that of the temporary process.

I refer the shadow Minister to comments I made on the previous amendment. Local authorities can publish conditions in advance, which will automatically apply to any deemed licence. However, even if a licence is granted, local communities will still be able to contact local authorities about any concerns they have, and authorities will have enforcement powers to tackle any issues raised. We deem that the period is lengthy enough, but local authorities will of course continue to have those enforcement powers should any issues arise. We fear that the amendment would create a slower process than that which it replaces. I therefore urge the shadow Minister to withdraw it.

[Alex Norris]

It absolutely would create a slower process, but that was the intention. I will not press it to a Division, but I hope the Minister will reflect on the fact that it seems considerably out of kilter with other decisions of this nature that are made for licences and permits. I cannot think of another that would be as quick as 14 days, with a deemed acceptance if the clock runs out. In those others cases—say, for a parking permit or an alcohol licence—there is good reason to have a little time for reflection, and I think those reasons probably apply here.

This is perhaps not a point to labour any further today, but I hope the Minister will keep thinking about it. We could be in danger of being just a little too streamlined. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[Alex Norris]

I beg to move amendment 206, in schedule 17, page 323, line 5, at end insert—

“(8A) (1) Section 5 of the 2020 Act (conditions), is amended as follows.

(2) After subsection (7) insert—

‘(7A) The conditions to which a licence granted by a local authority may be subject include—

(a) a condition that any furniture which may be placed on the highway under the licence must be removed from the highway at times when the premises are not open to the public;

(b) a condition that, where the furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence-holder must ensure that smoking or vaping does not affect others.’.

(3) After subsection (8) insert—

‘(9) But regulations under subsection (8) must not prevent a local authority imposing a condition, nor affect a condition imposed by a local authority for the purposes of subsection (7A)(b).’”

This amendment would allow a local authority to require that furniture is removed from the highway when it is not in use, as well as imposing a condition to require the licensee to prevent smoke-drift affecting those in the vicinity.

Me again. Sections 5(4) to (6) of the 2020 Act cover the imposition in a licence of a “no-obstruction condition” and a “smoke-free seating condition”. These conditions require the licensee to avoid the effects specified in section 3(6), including

“preventing traffic, other than vehicular traffic, from…passing along the relevant highway”

and to make reasonable provision for seating where no smoking is permitted. The Bill does not affect these requirements, which the Opposition support. However, we might want to tighten up these provisions to ensure they have the desired effect.

Local authorities are already required to impose a smoke-free seating condition to ensure that reasonable provision is made to accommodate non-smokers. A smoke-free seating condition, however, does not give the public, people using the highway or neighbouring premises, or people living above the premises explicit protection to ensure that their enjoyment of the amenity is not affected by people smoking. Smokers are more likely to go to outdoor tables because they cannot smoke inside, and that can throw down a gauntlet, in that the public have to run through a cloud of smoke.

Amendment 206 would expressly enable local authorities not just to lay down conditions about smoke-free seating, but to require in those conditions that the licensed area should not affect passers-by, neighbouring shops or homes. If, for example, there are flats above a café, a condition could require steps to avoid the occupiers being affected by smoke drift. We are seeking a balance, so that people using a highway can do so peacefully and with the full enjoyment of the amenity. I hope the Minister will say that local authorities can already do that, but if that is not the case and if this amendment is not the right answer—though I think the principle is likely one that is shared—how do local authorities ensure that balance for people?

[Dehenna Davison]

I thank the shadow Minister for his dedication on this point. Pavement licences may be granted subject to any condition that the local authority considers reasonable, as set out in section 5(1) of the Business and Planning Act 2020. We are aware anecdotally of conditions that would, for instance, require licensed furniture to be removed when not in use and that go further than our national smoke-free condition.

We are all about empowering local areas and relying on local leadership. That is why we consider that local authorities have the local knowledge and appropriate powers to impose such conditions, should they consider that necessary. A number of local authorities have already implemented local smoking ban conditions for outdoor seating, including the City of Manchester, Newcastle and North Tyneside, so it is clear that local conditions can be implemented where it is appropriate and desired. On that basis, we do not think it is necessary or appropriate to create national conditions, and there are circumstances where it may not be necessary or appropriate on a local level. I would therefore ask the shadow Minister to withdraw his amendment.

[Alex Norris]

I am grateful for that very clear answer. There are areas where this is still a point of debate. I think the Minister’s answer alone will resolve that. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

I am pleased to have support on this issue from the Local Government Association, the Institute of Licensing and the National Association of Licensing and Enforcement Officers. They support these amendments, so I think we are in the right place regarding practicalities. I hope the Government, either today or at a later stage, will also back this approach, because it would give just a little more flexibility.

[Dehenna Davison]

The Government recognise the importance of having a system that can be properly enforced to deter and tackle the unauthorised placement of furniture. Powers introduced in the Bill enable local authorities to serve notice requiring that businesses remove furniture that has been placed on the pavement without a licence. If that notice is contravened, local authorities can remove furniture themselves or issue an instruction to have it removed, and can then recover the costs of that and go on to sell the furniture and retain the profits.

The Government’s position is that the introduction of the powers proposed will lead to appropriate protection of our communities by giving local authorities powers that work as a deterrent and to directly tackle issues where notices are ignored, ensuring that the licensing system operates appropriately. Ultimately, local authorities will still have the power to revoke a licence.

It is also important to note that highways authorities already have powers in the Highways Act 1980 to tackle obstructions on the highway. That includes section 148, which creates an offence of depositing, without lawful authority or excuse, things that cause interruption to users of the highway.

The shadow Minister mentioned some of the groups that he has worked with, and I would be delighted to sit down with him to discuss their response. However, at this stage, I ask him to withdraw the amendment.

[Alex Norris]

I am grateful for that. It is of note that those who know of what they speak in this area, particularly on a day-to-day basis, feel the way they do. However, the Minister’s offer is a good one and I will take her up on it. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 17 agreed to.

Clause 185

Historic environment records

--- Later in debate ---

[Lee Rowley]

I am grateful to the hon. Member for his questions, which are entirely reasonable and on which I hope to provide some assurance. First, he asked why the Government are asking for this power, given that the Bichard review has outlined a process to resolve the current situation. The view of the Government and of previous Ministers who instigated this was that a process was likely to be under way, but equally there is value in the Secretary of State having this power, should it ever be necessary in the future, which obviously we hope it would not, and we have indicated that it would be used extremely sparingly. The principle of having the ability to instigate a review is one that the Government believe is reasonable and proportionate.

Secondly, the hon. Gentleman asked how the terms of reference would differ from an independent review. That question would have to be asked in individual circumstances, so I hope he will accept that it is a difficult one to answer. However, I understand the sentiments behind the point he makes.

Finally, the hon. Gentleman asked whether the Government have given serious consideration to the impact of this approach on the ability of RICS and other bodies to operate. I am happy to confirm that the Government and I will engage in discussion with RICS about this in the coming weeks before further stages of the Bill, and I will be keen to discuss with RICS all elements of the Bill, to understand its concerns and to see what reassurances I can provide.

Question put and agreed to.

Clause 186 accordingly ordered to stand part of the Bill.

Clause 187

Vagrancy and begging

Question proposed, That the clause stand part of the Bill.

[Dehenna Davison]

We recognise that this is an issue on which there is a great deal of passion and heart. The Government agreed that the Vagrancy Act 1824 was antiquated and not fit for purpose. That is why we committed to repeal the Act once an appropriate and modern replacement was in place. I pay tribute to those who have campaigned so passionately on this issue, such as my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken).

It is important that we balance our role in providing essential support for the most vulnerable with ensuring that the police and other agencies can protect communities, while embedding rehabilitation and support at the heart of our approach. We launched a public consultation to seek views and inform any replacement for the Vagrancy Act. This placeholder clause will allow Government to introduce appropriate legislation once the results of the public consultation have been analysed.

In the meantime, the Government have made the unprecedented commitment to end rough sleeping within this Parliament. We remain steadfastly committed to that goal. By autumn last year, rough sleeping levels were at an eight-year low, having reduced by 49% since 2017. In September we published a bold new rough sleeping strategy, backed by £2 billion of public money, which sets out how we will end rough sleeping for good. I commend the clause to the Committee.

--- Later in debate ---

[Rachael Maskell]

I, too, rise in disgust at the piece of legislation before us today, and I urge the Government to think again. It is an insult not only to Parliament, which strongly voted to abolish the Vagrancy Act 1824 just this year, but to those incredibly vulnerable people who find themselves on our streets, for whatever reason. It is not for us to judge them; we should provide support and pathways for people out of that situation.

Yesterday at the Dispatch Box, the new Chancellor announced a new era of compassionate Conservatism. Today, we have this legislation before us, which is anything but. It is about othering people—the most vulnerable people in our society. It is about calling them out, and using despicable language to describe them: “vagabonds” and “rogues”. These people are incredibly troubled. Today, language has moved on. We recognise that people who have serious mental health problems or addictions need support. We recognise people who simply do not have the money to survive in our society. That population is growing. There are three people officially registered as on the streets in York, yet when I went out the other morning, there were 23 people sleeping rough.

This is not just about people who are sleeping rough. Many people who are living in hostel accommodation, sofa surfing, and so on find themselves begging on the street. Many people I talk to—and this is where the Government must engage with the community—simply find applying for social security too complicated. They are fed up of being rejected by the complex process of getting access to the public money to which they are entitled. They therefore turn to begging as a mechanism by which to survive, feed themselves and get through the day or night. Many people have multiple challenges pressing down on them, including financial debt and other things that they owe.

To put into legislation once again, having just repealed them, measures that criminalise people who are trying to find their pathway through life—trying to survive—is an abomination. It is completely unacceptable to criminalise those individuals. This measure is not just about civil penalties; it is about the criminalisation of the most vulnerable people. Any compassionate Government would reach out and recognise their duty, and would recognise their blame and responsibility for allowing people to fall into that state. The language used is horrific. It is a horrific piece of legislation. I urge the Government to U-turn on it, and will praise them for it if they do. It is prejudicial and insulting, and it is certainly not beign done in my name, or in the name of my hon. Friends who are signed up to the amendment, which is significant.

Although the Conservative party is desperately trying to rebrand itself, deep down the roots of prejudice seem to continue to exist. If this Government spent time with those vulnerable people across our society, and understood their pathways and stories, they would not write such appalling pieces of legislation. It is not for any of us to judge those individuals, or to place our prejudices on them. It is for us to provide support and pathways out, so that they have the future that we have been afforded, and the opportunities we have had the privilege of having. We need to enable people to have that fresh start, however many attempts it takes. We need restitution and opportunity, not blame and criminalisation of the most vulnerable people in our communities. It is therefore disgraceful to see this measure before us, and I trust that the Minister will withdraw the clause.

[Dehenna Davison]

The hon. Lady made a very good point when she said that it is for us not to judge, but to provide support and pathways, and the Government are absolutely committed to that. I have already outlined the rough sleeping strategy, which was announced just a few weeks ago.

I want to reassure the Committee that the Government are absolutely committed—we have repeatedly been clear about this—to not criminalising anybody simply for having nowhere to live. The intent of any replacement legislation will not be to criminalise people for being homeless. I want to put that point very firmly on the record.

On our support for rough sleepers, we want to ensure that rough sleeping is ended in a way that is sustainable in the long term. That means preventing people from needing to sleep rough where possible and, where rough sleeping does occur, ensuring that those spells are rare, brief and non-recurring. We recently published our strategy, which is backed by more than £2 billion of funding over the next three years. As part of that, we announced the new £200 million single homelessness accommodation programme, which aims to provide up to 2,400 supported homes for rough sleepers by March 2025, and £500 million to provide 14,000 beds for rough sleepers and 3,000 staff to provide tailored support across England. That support is absolutely crucial in ensuring that those who are homeless can get back on their feet. The support includes helping individuals to find work, manage their finances and access mental and physical health services. We will fully enforce the landmark Homelessness Reduction Act 2017, which we believe is the most ambitious reform to homelessness legislation in decades.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

The Minister is asking us to have faith that the Government do not want to criminalise rough sleeping, but is asking us to approve a clause that will allow them to do just that. We are not debating what the Government are doing on rough sleeping; we are debating this legislation.

[Dehenna Davison]

That is why I made the point about the consultation we are running. We want to make sure that we get this right, which is why we sought views on this issue in a public consultation that closed in May. Analysis of those responses is ongoing and will form the backbone of our response to any new legislation. The measure is a placeholder until we can bring something forward. I recognise that it is not an ideal situation, but that is where we are.

[Matthew Pennycook]

I want to challenge the Minister on that point. If I heard her correctly, I think she said that the intention behind the clause is not to recriminalise homelessness.

[Dehenna Davison]

Absolutely.

[Matthew Pennycook]

Can she explain why subsection (2) allows regulations to include provision to create criminal offences, in similar ways to sections 3 and 4 of the Vagrancy Act 1824, which the House voted to repeal? It effectively will allow for the recriminalisation of homelessness. I think she is wrong on that point, but if she could provide further clarification, I would appreciate it.

[Dehenna Davison]

As I outlined, this is a placeholder, and we are analysing the consultation responses. The commitment I have given is that no criminalisation will result from the fact that someone is homeless. I want to put that point on the record incredibly strongly.

I cannot pre-empt the outcome of the consultation, but I have spoken to the Minister with responsibility for rough sleeping, who has committed to writing to Committee members to outline the next steps. As I say, this issue does not usually sit within my brief, but we are limited by the number of Ministers we can have in Committee today. Hopefully, that Minister will be able to provide additional reassurance.

[Rachael Maskell]

This measure was not brought forward in the Police, Crime, Sentencing and Courts Bill, so we have had a period in which the Government have not had the opportunity to criminalise people for being homeless or begging on our streets. Nothing has changed since Parliament as a whole gave the Government a clear indication that it wanted to see off a 200-year-old piece of legislation, yet today, Government are trying to resurrect the opportunity to criminalise people.

The Minister says that there is no need for the measure, but it is hardwired into the legislation. It is the text of the statute, not what the Minister says, that decides what the Government have the capacity to do. The clause is completely unnecessary, yet the Government push it before us. Will the Minister explain the context of having such measures written into the Bill? We have not had them for the past six months; indeed, she says, while still analysing her consultation, that we will not need them moving forward. The measure is seen as a draconian move, and should be taken out of law.

[Dehenna Davison]

I genuinely thank the hon. Member for her passion on this issue, which is prevalent in the City of York, and she has campaigned on it well and strongly in recent years. The best thing that I can do is ask the Minister with responsibility for homelessness to write to her directly. Indeed, he has committed to writing to all Committee members to set out the next step. I hope that he can provide some reassurance. However, at this stage, I ask that the clause remain part of the Bill.

Question put and agreed to.

Clause 187 accordingly ordered to stand part of the Bill.

Clause 188

Data protection

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 189 to 191 stand part.