NHS: General Medical Practitioners
Earl Howe Excerpts(5 months, 3 weeks ago)
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Lord Stirrup (CB)
My Lords, it is clear that allowing doctors to spend more time with their patients would permit more searching diagnoses, leading to fewer unnecessary referrals and helping to take some of the pressure off secondary care waiting lists. What allowance has been made for this in the calculation of the total GP requirement?
Levelling-up and Regeneration Bill
Earl Howe ExcerptsWednesday 25th October 2023
(6 months, 2 weeks ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 177-I Marshalled list for Consideration of a Commons Reason and Amendment - (25 Oct 2023)
Earl Howe (Con)
My Lords, with the leave of the House, in moving Motion A I shall also speak to Motion B. Your Lordships will remember that, during our consideration of Commons amendments on Monday this week, two amendments were carried by the House for further consideration by the other place. The first, tabled by my noble friend Lady McIntosh of Pickering, was on virtual attendance at local authority meetings, and the second, moved by the noble Lord, Lord Ravensdale, related to consideration of climate change within the planning system. I will take each of these in turn.
Amendment 22B, tabled by my noble friend, has been decisively rejected by the other place. I well appreciate that this issue has elicited a range of differing views among your Lordships. However, I have to tell my noble friend, whom I greatly respect, that the Government’s position on the matter has not changed. Throughout the passage of the Bill, the Government have not wavered from their clear, strong and principled view that preserving in-person debate is important for maintaining the integrity of local democracy. My noble friend’s amendment is quite clearly at odds with that position, as it provides the power to any future Government to potentially make regulations that go so far as allowing all local authorities to always meet remotely, without any limitations.
Local authorities need councillors to be physically present, to actively take part in democratic decision-making affecting the citizens they represent, and to interact with their fellow councillors at every opportunity to develop a sound understanding of local needs and priorities. That understanding is clearly vital for ensuring the strong local leadership that councils depend on to deliver for the electorate. Perhaps most importantly, councillors need to be physically present to interact with citizens in a way that builds meaningful relationships with their community and ensures that they are, in the fullest sense, accountable to their electorate.
The Government stand by their opposition to this amendment. The other place has agreed with that position. Therefore, again with great respect to my noble friend, I suggest that we have reached a point where it is right for us to draw a line under this issue. I hope that, on reflection, my noble friend will agree.
I now turn to the other outstanding issue, which is the way in which climate change is considered within the planning system. The Government continue to be committed to ensuring that the planning system supports our efforts in meeting our legal net-zero commitments by 2050 and tackling the risks of climate change. As I said earlier this week, we believe that there are already strong provisions within the Bill and other legislation that set the framework for this to happen. We have also committed to developing national policy in a way that is consistent with this.
But we have heard the strength of feeling that this commitment should be further enshrined in law. Therefore, the Government have gone a step further in tabling an amendment to require that, in preparing any national development management policies:
“The Secretary of State must have regard to the need to mitigate, and adapt to, climate change”.
As I have already made clear, we are fully supportive of the intentions of the amendment from the noble Lord, Lord Ravensdale, but we remain concerned that the amendment, as drafted, would give rise to significant challenge to how local councils fulfil their obligations to consider climate change within their planning functions. Notably, the combined effect of local authorities having to prove that their plans and decisions have “special regard” to climate change, while also proving that they are consistent with strategic national targets on carbon reduction, will at the very least create significant debate and deliberation on how to demonstrate this, but will very likely also give rise to litigation over the justifications presented.
The additional legislative provisions we have bought forward put climate change considerations at the centre of the development of new national development management policies, and in turn enable those considerations to influence all local planning decisions. I believe that this new provision takes us a lot closer to the position the noble Lord sought to arrive at with his amendment. I hope that both he and the House will be content to approve it. I beg to move.
Baroness McIntosh of Pickering (Con)
My Lords, I thank my noble friend for coming to the Dispatch Box in his charming and inimitable way to consider my humble little amendment once again. It is almost 20 years to the day since I joined a shadow team of which he was an eminent member; I hope that our co-operation will continue long into the future.
I think that any primary school pupil who has been watching our proceedings will be confused by our exhausting not just every letter of the alphabet except the letter O but additional letters of the alphabet. I am inclined to agree to disagree with the House of Commons’s disagreement with Amendment 22B, and will rehearse a couple of reasons why. The revised Amendment 22B was very modest in its remit. I accept my noble friend’s premise that local councils should primarily meet physically, but we went on to state that limited circumstances specified in regulations passed by the Government would permit a normally wholly physical meeting to be attended virtually. I am a little baffled and bewildered by the Government’s unwillingness to move a little more along these lines.
Baroness Hayman of Ullock (Lab)
My Lords, as the noble Baroness, Lady Pinnock, said, significant changes have been made to improve the Bill while we have worked on it over the past 10 months—although I have to say that it is beginning to feel like a lifetime.
However, we are mainly looking at the two amendments in front of us—first, on whether local authorities should be allowed to meet virtually with hybrid technology. I commend the noble Baroness, Lady McIntosh of Pickering, on her assiduous work in pressing this issue and continuing to bring it to the attention of your Lordships’ House. We find the Government’s response deeply disappointing. In many ways, I would like better to understand why they have dug their heels in on this issue, because I genuinely do not understand why there could not be a little flexibility. Local councillors can see that, in your Lordships’ House, we are able to take advantage of hybrid technology, so why is this refused to councillors? It could have been put in legislation with fairly strict reasons for its use, so that is disappointing. I genuinely do not understand why no progress whatever was made on this.
Moving on to progress, we welcome the amendment in lieu of the amendment of the noble Lord, Lord Ravensdale, on climate change and planning. I congratulate him on his work on this and on getting the Government to recognise that this is an important issue that needed an amendment to the Bill. We endorse the noble Lord’s proposals on how we can continue to take this forward.
As the noble Baroness, Lady Pinnock, said, it is disappointing that, in a levelling-up Bill, neither child poverty nor health inequalities were included, because they are central to levelling up. On that, it is disappointing that the Prime Minister has chosen to remove the cap on bankers’ bonuses.
I thank everyone who took part and the noble Earl for his generosity in meeting to discuss these issues. We may be saying goodbye to the levelling-up Bill, but there is still much to do if we are to achieve levelling up in this country.
Earl Howe (Con)
My Lords, I am grateful to my noble friend, the noble Earl, Lord Lytton, and the noble Baronesses, Lady Pinnock and Lady Hayman of Ullock, for their respective remarks.
As I said earlier, I appreciate that my noble friend and other noble Lords beg to differ from the Government’s position on remote meetings of local authorities. However, the Government’s position rests on an issue of principle that has served local government well for over 50 years. The Local Government Act 1972 is clear that “attending” a council meeting means attending physically in order to be “present” at such a meeting. I appreciate that the Covid regulations saw us through some difficult and exceptional circumstances, but the democratic principle of face-to-face attendance of meetings at all tiers of government is important. There is a long tradition of local authorities meeting in person and, since the expiration of the temporary arrangements put in place during the Covid-19 pandemic, they have continued to do so without issue. Having said that, I am grateful to my noble friend for giving us fair warning that she expects to bring us back to these issues at a suitable point in the future.
I am grateful to the noble Lord, Lord Ravensdale, for welcoming the government amendment. I suggest to noble Lords that we should not underplay the effect of the Government’s amendment in lieu, which will mean that all national development management policies will give consideration to their impacts on climate change mitigation and adaptation while they are being developed and designated. I will take back for consideration the noble Lord’s suggestion about including targets in the Explanatory Notes.
Finally, in response to my noble friend the Duke of Montrose, I can tell the House that the Scottish Parliament granted legislative consent for relevant parts of the Levelling-up and Regeneration Bill yesterday, following the agreement with the Scottish Government that was mentioned in the House previously.
“(2A) The Secretary of State must have regard to the need to mitigate, and adapt to, climate change—
(a) in preparing a policy which is to be designated as a national development management policy, or
(b) in modifying a national development management policy.”
Levelling-up and Regeneration Bill
Earl Howe ExcerptsMonday 23rd October 2023
(6 months, 2 weeks ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 175-I Marshalled list for Consideration of Commons Amendments and Reasons - (20 Oct 2023)
Earl Howe
That this House do not insist on its Amendment 1, to which the Commons have disagreed for their Reason 1A.
Earl Howe (Con)
My Lords, the Levelling up and Regeneration Bill establishes the foundations to address entrenched geographic disparities across the UK. Throughout the Bill’s passage we have listened carefully to the views of parliamentarians and stakeholders and introduced amendments in the other place across a range of issues to strengthen the Bill’s provisions further and address concerns that we have heard in both Houses. In this first group, I beg to move Motion A and will speak also to Motions B, B1, C, D, E, E1 and W.
Let me start with Motion A, which relates to levelling up and, first, the issue around the publication of the statement of levelling-up missions. We have committed within the Bill to publish the statement within one month of Part 1 of the Act coming into force, which will be two months after Royal Assent. We believe that this is an appropriate and prompt timescale—it gives sufficient time to collate materials and data across government departments and to ensure that the data is complete and comprehensive before the report is published and laid. The proposed timetable has been endorsed by the other place. We do not think that it makes sense to accelerate the process, as Amendment 1 would seek to do.
On Report, the House agreed to amendments that sought to introduce requirements for government to set levelling-up missions on child poverty and health disparities. In the Commons consideration we have removed those amendments because, important as those issues are, we do not want the Bill to be too rigid or prescriptive. Missions may need to evolve over time and, if the detail of missions appears in the legislation, the process to adjust them in future becomes unhelpfully complex and time-consuming.
However, we recognise that socioeconomic goals are an important part of missions. We have therefore tabled an amendment in lieu that requires the Government to consider both economic and social outcomes in deciding their levelling-up missions. This means that we retain that vital flexibility for future Governments to set missions according to the most important pressing issues of their day, while recognising that social outcomes such as child poverty and health inequalities are essential factors when deciding missions.
I note Motion B1 in the name of the noble Baroness, Lady Lister, which I am sure she will wish to speak to. The amendments in Motion B1 seek to ensure that the Government have regard to child poverty and health disparity when deciding their levelling-up missions. I hope that on reflection the noble Baroness will feel that the amendments are unnecessary in the light of the Government’s amendment in lieu. The Government will already undertake these considerations when they consider economic and social outcomes, as required by that amendment—I underline that because I can undertake to the noble Baroness today that the first statement of levelling-up missions will contain the missions from the levelling-up White Paper, including the mission to narrow the gap in healthy life expectancy by 2030 and increase healthy life expectancy by five years by 2035.
On Report, your Lordships also approved an amendment that introduced a requirement for government to include an assessment of geographical disparities as part of the statement of levelling-up missions, and defined metrics that this assessment must consider—Amendment 3 now replicates that proposal. The Government cannot support this amendment because the criteria for assessing geographical disparities will inevitably change as the data evolves. However, we have heard the strength of feeling in this House and, as Ministers set out in the other place, we have committed to publish an analysis of geographical disparities alongside the first statement of missions.
Amendment 6 again replicates a change to the Bill previously made in this House, introducing a requirement for the Government to publish a rural-proofing report concerning levelling-up missions. The Government agree that levelling up must work for all types of communities, including rural communities. To avoid anything which would duplicate the existing annual rural-proofing report, which reflects the Government’s consideration of rural challenges across policy-making, including levelling up, we have tabled amendments in lieu which will require the Government to have regard to the needs of rural communities in preparing the statement of levelling-up missions. This approach is consistent with the approach we have taken in other areas, including with respect to the devolved authorities.
Baroness Hayman of Ullock (Lab)
My Lords, I have some amendments in this group. Amendment 1 concerns the timetable for when the levelling-up Statement should be published. I put on record that we are very happy with the noble Earl’s response and accept the Government’s arguments about that.
I also have the amendment on levelling-up funding. We are pleased that the Government have said they will take a new approach to the third round of the levelling-up fund, and that they have listened to the arguments in this House in Committee and on Report. We welcome the fact that the amendment in lieu has been tabled by the Government so that the Minister has a duty to lay before each House the Statement about the third round of the levelling-up fund within three months of Royal Assent.
I also have Amendment 199 on high-street funding, banks and post offices. We will just have to agree to disagree on this matter; I do not intend to press it any further.
I was pleased to hear the response to the noble Lord, Lord Foster, on rural-proofing and that the Government have tabled the amendment on having regard to the needs of rural communities. Rural communities often feel left out and forgotten, and more needs to be done to take account of that during any levelling-up and regeneration process. It is important that geographical disparities are taken account of.
I will not say much about my noble friend Lady Lister’s amendment on child poverty and health inequalities because she has laid it out very clearly, as have other noble Lords who have spoken. As others have said, if you are genuinely going to sort out disparities and level up, you really have to take into account health inequalities—they are the basis of so much—and child poverty is impacted by that as well. So it is disappointing that the Government have not gone further on this and recognised the difference that they could make. If my noble friend wishes to divide the House, she will have our strong support.
Earl Howe (Con)
My Lords, I am grateful to noble Lords for their comments on the government Motions in this group and on the amendments that have been tabled. As regards Motion E1 in the name of the noble Baroness, Lady Hayman, about which she has just spoken, and which concerns round 3 of the levelling-up fund, there is little more that I can add to my earlier remarks. She may like to know, however, that policy development relating to round 3 remains ongoing and, for that reason, the Government cannot comment on the specifics of the statement at this time. Nevertheless, I assure the noble Baroness that we have published information on the GOV.UK website regarding allocations in round 1 and round 2 of the fund, and we would expect to do so again in this third round.
Turning to the issues raised by the noble Baroness, Lady Lister, and spoken to by other noble Lords, while I have spoken about our reasons for not accepting her amendment, I would not want the Government’s policy in both these important areas to go by default. I simply say to the noble Baroness that it is important to look not only at what the missions might be able to do—I have already described what our approach will be in that context—but, equally, at what the Government are doing on the ground.
It remains our firm belief that the best way to help families with children to improve their financial circumstances is through work. As I am sure she knows, because she is an expert in these areas and probably has the statistics in her head, we are supporting working people with the largest ever cash increase to the national living wage. We will spend around £276 billion through the welfare system in Great Britain in 2023-24, including £124 billion on people of working age with children. To help parents on universal credit who are moving into work or increasing their hours, the Government will provide additional support with upfront childcare costs. We will also increase universal credit maximum childcare costs. These issues are not ones the Government regard as trivial—quite the opposite; they are centre stage in the work the DWP and others are doing.
I repeat the undertaking I gave earlier to the noble Baroness. The first statement of levelling-up missions will contain the missions mentioned in the levelling up White Paper, including the mission to narrow the gap in healthy life expectancy and increase healthy life expectancy by five years. I hope she will regard that as evidence of the Government’s intent, even if we have to beg to differ on what ought to go on the face of the Bill.
Lord Butler of Brockwell (CB)
My Lords, before the noble Baroness, Lady Lister, comments, having heard the arguments I would just like to say that I am sympathetic to the Government not wanting to add these words. Nobody would deny for a moment that child poverty and health equality are important matters in levelling up. But if one puts particular words in the Bill, one implies that other things are less important. For that reason, it seems unhelpful, and one ought to take into account the full measure of inequality and not just pick out two particular factors.
Earl Howe
That this House do not insist on its Amendments 2 and 4 and do agree with the Commons in their Amendments 4A and 4B in lieu.
“(2A) In the course of preparing a statement of levelling-up missions, the Minister of the Crown must have regard to the importance of the levelling-up missions in the statement (taken as a whole) addressing both economic and social disparities in opportunities or outcomes.”
Earl Howe (Con)
My Lords, I have already spoke to Motions C and D. With the leave of the House, I beg to move them en bloc.
Motion D
“(2B) In the course of preparing a statement of levelling-up missions, the Minister of the Crown must have regard to the needs of rural areas.”
“Levelling-up Fund Round 3
(1) Before the end of the period of three months beginning with the day on which this Act is passed, a Minister of the Crown must lay before each House of Parliament a statement on Levelling-up Fund Round 3.
(2) A “statement on Levelling-up Fund Round 3” is a statement about the allocation of a third round of funding from the Levelling-up Fund.
(3) The “Levelling-up Fund” is the programme run by His Majesty’s Government which is known as the Levelling-up Fund and was announced on 25 November 2020.”
(a) section (Levelling-Up Fund Round 3) comes into force on the day on which this Act is passed, and
(b) the remaining provisions come”
Earl Howe (Con)
My Lords, we come now to a group on English devolution and local government. In moving Motion F, I shall speak also to Motions G, H, J, J1, ZE and ZE1. There are three Motions against the government Motions, which I shall address in detail, if necessary, in my closing remarks.
The first topic is combined county authorities, a new institutional model introduced by this Bill. Their core feature is that only upper-tier local authorities can be constituent members, which is crucial to ensuring that devolution and its benefits can be expanded to two-tier areas. At Report, your Lordships approved Amendment 13, which would allow non-constituent members of a combined county authority to become full members. The effect of that amendment would be to undermine this principle and reduce the effectiveness of devolution in those areas.
Amendment 13B, tabled by the noble Baroness, Lady Taylor of Stevenage, would have the same effect as Amendment 13 but would allow only non-constituent members that are local authorities to become full members. As with Amendment 13, this would undermine the principle of CCAs, that only upper-tier authorities can become full members, and the Government are therefore unable to support Motion F1.
Motions G and H address other concerns of the House about CCAs. The Government have heard the strength of feeling in both Houses about associate member voting rights and combined authority boundary changes, and we are content to accept these. Accordingly, the Government have tabled amendments in lieu—Amendments 14A to 14R and Amendments 18A and 18B, which we hope the House will support.
Motion J addresses the issue of virtual or hybrid meetings by local authorities. I must tell my noble friend Lady McIntosh of Pickering that the Government stand by their original opposition to this amendment. We have consistently expressed the view that councillors should be physically present to cast their votes and interact in person with citizens. It is important that they are present, active participants in local democracy. Our position on this matter has not changed. The other place rejected Amendment 22 for that reason, and I am afraid we cannot accept Amendment 22B, which my noble friend has tabled in lieu, for the same reason. On an associated issue, as my noble friend knows, there are no limits placed on authorities broadcasting their meetings online, and I would encourage them to do so to reach as wide an audience as possible.
Amendment 273 reflects a proposal put forward by the noble Lord, Lord Bach, at Report which would see Clause 62 commence nine months after Royal Assent, preventing the transfer of PCC functions to combined authority mayors at the May 2024 elections using this clause. The arguments advanced by the noble Lord in favour of this proposal rested on an important misunderstanding about the legislative effect of Clause 62.
First, I would like to reassure the House that PCC functions may transfer to a mayor only at the point of a mayoral election, maintaining the democratic accountability established by the PCC model. Secondly, on the issue of consent, which I know the noble Lord, Lord Bach, is concerned about, Clause 62 amends the statutory consent requirements for a mayor to request a transfer of PCC functions. It does not, however, lessen the importance of engagement between a mayor and local partners, including local authorities and the PCC, to inform a mayor’s decision whether to request a transfer of these functions. Where mayors request the transfer of PCC functions, government will make clear to those mayors the importance of that engagement with their partners. I hope that is useful clarification for the noble Lord. I beg to move.
Motion F1 (as an amendment to Motion F)
Lord Kerr of Kinlochard (CB)
I offer a very brief word in support of what the noble Baroness has just said on Motion ZE1. I know very little about the politics and governance practices of the West Midlands, but when I lived in America I was privileged to watch at close hand the governance practices of the Deep South and of Mayor Willie Brown’s San Francisco and Mayor Daley’s Chicago. As I listened in both the previous debate and this afternoon to the noble Lord, Lord Bach, explaining what looks to me like a rather unusual practice developing in the West Midlands, I was strongly reminded of the practices of state governments in the Deep South of the United States. I do not think that is a road we should go down, and I very much hope the House will once again support the noble Lord, Lord Bach.
Earl Howe (Con)
My Lords, I am once again grateful to noble Lords for their contributions to the debate on this group of Motions and amendments. As I indicated at the outset, the Government cannot support the three amendments to the government Motions in this group.
Motion F1, tabled by the noble Baroness, Lady Taylor of Stevenage, would have the same effect as the original amendment but apply only to local authorities. I urge the House not to go down this road. The basis of the CCA model is that only upper-tier and unitary authorities can be members, not least because they are the bodies in whom financial responsibility will be vested and who will contribute financially to the running of the CCA.
However, as I am sure the noble Baroness accepts, because we debated this at length at earlier stages of the Bill, we recognise the vital role that district councils play. In response to the noble Lord, Lord Shipley, and my noble friend Lord Lansley, and as Ministers said in the other place, we are sympathetic to the idea that district councils should have voting rights pertaining to them as non-constituent members. We have deliberately left scope for this to happen. However, we are clear that that should be a matter to be determined at the local level. District councils need not be shut out of the room, as the noble Baroness, Lady Taylor, suggested, nor do I expect them to be so. We expect the upper-tier local authorities that we agree devolution deals with to work with district councils to deliver the powers most effectively being provided. In discussions thus far, we are encouraging potential deal areas to consider how best to involve district councils, in recognition of the role they can play. My ministerial colleagues have been engaging personally with district councils and the District Councils’ Network on this issue.
My noble friend Lady McIntosh of Pickering has returned to the charge on virtual or hybrid meetings with her Motion J1. As I stated in my opening remarks, at the heart of the issue is the strength of the scrutiny exercised by local authorities and the importance of maintaining the integrity of local democratic principles. I need not remind the House that virtual and hybrid proceedings have significant limitations for scrutiny and interaction of members of any legislature. As such, we do not agree that councillors should be able to attend these meetings and cast their votes remotely. The Government are therefore unable to support the amendment in lieu. I respond to the noble Baroness, Lady Pinnock, who drew the comparison with committees of this House, by saying that the functions, roles and powers of committees of this House are wholly different from the functions, roles and powers of committees of local authorities.
Baroness Pinnock (LD)
I am sorry to interrupt the noble Earl, but I remind him that councils have scrutiny committees, which frequently do not vote, so there are similarities between the committees of this House and, for example, scrutiny committees of local authorities.
Earl Howe (Con)
The House will have heard the noble Baroness’s comments, but I draw the distinction between the roles of the two kinds of committee.
Incidentally, the amendment would open up the possibility of councils moving to an entirely remote model of council meetings—something that noble Lords perhaps should ask themselves whether they would favour. My noble friend will doubtless have noted that the Government’s majority in the other place when the amendment was put to the vote was very substantial.
Lord Hunt of Kings Heath (Lab)
My Lords, how far would the noble Earl take this principle in relation to public bodies? I am a member of the GMC. We meet half in person and half remotely. Many other national bodies, some in receipt of government funding and others independent like the GMC, operate in the same way. Would his department say that the principle he is enunciating should be extended throughout the public sector? If not, why not? I do not understand the logic of the Government’s position.
Earl Howe (Con)
My Lords, we have been over this issue almost ad infinitum in Committee. We are not in Committee anymore; we are at Lords consideration of Commons amendments. I hope the noble Lord would agree that we are past the stage of arguing the niceties in the way he invites me to do.
Finally, in his Motion ZE1, the noble Lord, Lord Bach, seeks to insist on his original amendment. I can only reiterate the points in my opening that PCC powers would transfer to an elected mayor only after that individual has become democratically accountable at a local level. The example he sought to cite as a fait accompli is nothing of the kind, for the simple reason that there needs to be an election before the Mayor of the West Midlands could hope to become a PCC. If the transfer is to happen in the West Midlands, the mayor could exercise the PCC functions only if elected to do so at the next election, so there is no compromise of the democratic mandate of the elected mayor to exercise the functions. The choice of who would exercise the PCC functions in the West Midlands would remain in the hands of the people of the West Midlands if the transfer were to happen.
Commencement at Royal Assent enables the Government to adhere as closely as they can to the Gould principle of electoral management, whereby any changes to elections should aim to be made with at least six months’ notice. As the noble Lord knows, the Government wish these provisions to have legal effect in time for the local elections in May next year. His amendment would frustrate that policy intention. I hope he will forgive my pointing it out, but doubtless he will have noticed that the Government’s majority on this issue in the other place was very substantial: 153. I hope that on reflection he will be content to accept the assurances I have given and will not move his amendment in lieu.
Baroness Taylor of Stevenage (Lab)
My Lords, the noble Lords, Lord Shipley and Lord Lansley, highlighted the confusion at the heart of the Government’s position relating to district councils on combined county authorities. The Minister’s contention is that there is local discretion to give districts a vote, while his statement was that only upper-tier authorities should be full members. I am not satisfied that the Government continuing to repeat this assertion that CCAs should be made up of upper-tier authorities only when their core business is not housing, planning or economic development but social care, children’s services and highways makes it right or advisable, and neither does it meet the key principles of democracy or devolution. Therefore, I wish to test the opinion of the House.
Earl Howe (Con)
My Lords, I have already spoken to Motion J. I beg to move.
Motion J1 (as an amendment to Motion J)
Baroness McIntosh of Pickering
Moved by
At end insert “, and do propose Amendment 22B in lieu—
Earl Howe
That this House do not insist on its Amendment 44 and do agree with the Commons in their Amendments 44A and 44B in lieu.
“(4) The only cases in which no consultation or participation need take place under subsection (3) are those where the Secretary of State thinks that none is appropriate because—
(a) a proposed modification of a national development management policy does not materially affect the policy or only corrects an obvious error or omission, or
(b) it is necessary, or expedient, for the Secretary of State to act urgently.”
Earl Howe (Con)
My Lords, in moving Motion L, with the leave of the House I will also speak to Motions M, M1, N, N1, P, P1, Q, R, R1, V, ZD, ZD1, ZF and ZH. It may be helpful to the House if I draw attention to the advice from the House of Commons authorities, which is that Motions N1 and R1 in this group would attract financial privilege.
I start with Amendment 44, which the Government invite the House to reject in our Motion L. The powers in the Bill relating to planning and the environment have, quite rightly, been of great interest to this House, and I am grateful for the productive discussions that have taken place inside and outside this Chamber. National development management policies are a key part of these reforms, and the amendment that we have brought forward makes clear our intention to consult other than in exceptional circumstances or where changes would have no material effect. That will give everyone, including parliamentarians, the opportunity to scrutinise the policies before they come into effect. I am very aware that consultation was an important issue for noble Lords at earlier stages of the Bill.
Baroness Hayman of Ullock (Lab)
My Lords, I shall be very brief. This has been quite a long debate, and we have a number of votes at the end of it.
First, on the amendment from the noble Baroness, Lady Thornhill, regarding NDMPs, we agree with her that the Government’s amendment is not sufficient to answer the concerns that were raised in Committee and on Report. If the noble Baroness wishes to divide the House, she will have our full support.
Secondly, on the amendment from the noble Lord, Lord Ravensdale, on planning and climate change, we consider this an extremely important issue, as other noble Lords have mentioned. If he wishes to divide the House, he will have our full support.
On the amendment from the noble Lord, Lord Crisp, on healthy homes, which he spoke to so eloquently—as did the noble Lord, Lord Young—we also believe that health needs to be at the centre of planning when making decisions about housing. If the noble Lord wishes to press this to a vote, he will have our full support.
We welcome the fact that there have been concessions on ancient woodland and offshore wind, and some concession for the noble Lord, Lord Best, on his amendment. We would have preferred to see mention of social housing, as well as affordable housing, in the Government’s Amendment 329A.
On the amendment from the noble Baroness, Lady McIntosh, on floods, it is very important and the Government need to get a grip on whether people can get insurance—ideally through Flood Re—because we cannot have insurance with excess that is so huge that it makes the insurance pointless. We have a debate tomorrow on Storm Babet; I am sure these issues will be raised again then.
Finally, on the amendment from the noble Baroness, Lady Pinnock, on planning fees, we believe that this is an important point that we need to continue to discuss. Therefore, if the noble Baroness wishes to test the opinion of the House, she will have our strong support.
Earl Howe (Con)
My Lords, once again I am grateful to noble Lords for their comments and questions.
Motion L1, in the name of the noble Baroness, Lady Thornhill, relates to national development management policies and the process by which they are made. We do not agree with the principle that the process for making national development management policies should be based on that for national policy statements. National development management policies will serve a broader purpose than national policy statements, which are used by Ministers to make planning decisions for major infrastructure projects, so it is right that their requirements should be suited to their purpose, not based on the provisions of a different regime.
That said, I cannot agree with the noble Baroness’s characterisation of Motion L. The parliamentary scrutiny proposals in Motion L go even further than the provisions for national policy statements. The NPS provisions refer to the House of Commons where these proposals refer to both Houses. The NPS provisions require the Secretary of State to respond to recommendations of a committee of either House before they can be made, while this Motion would require a vote in favour of the proposals if a committee of either House made recommendations about a draft policy. This Motion would limit the circumstances in which no consultation is necessary to those in the interests of public safety or national security. That would be too narrow for the exceptional circumstances in which we expect this provision to be used. Examples we have given—such as our changes during the pandemic offering protection to theatres that were temporarily vacant—would not have been able to be made with such a narrowly drafted provision. This is because, although the policy change was in response to the pandemic, it was not in the interests of public safety or national security itself. We do not think this part of the amendment is necessary, as NDMPs will be a programme of policies that we anticipate will be captured by the requirement to undertake statutory environmental assessment.
Motion N1 from the noble Lord, Lord Crisp, requires the Secretary of State to
“promote a comprehensive regulatory framework for planning and the built environment designed to secure the physical, mental and social health and well-being of the people of England by ensuring the creation of healthy homes and neighbourhoods”.
While the Government, as I have said on many occasions, support the principle raised by the noble Lord, I say again that these matters are already taken into consideration and addressed through existing systems and regimes. That includes through building safety, building regulations, the National Planning Policy Framework, the national design code and the national model design code. The creation of an additional regulatory framework would cut across these regimes. I know he said that was the whole point, but I contend that those regimes are already comprehensive, and the Government therefore cannot support his Motion.
Earl Howe
That this House do not insist on its Amendment 45, to which the Commons have disagreed for their Reason 45A.
Earl Howe (Con)
My Lords, I have already spoken to Motion M. I beg to move.
Motion M1 (as an amendment to Motion M)
Earl Howe (Con)
My Lords, I have already spoken to Motion N. I beg to move.
Motion N1 (as an amendment to Motion N)
Earl Howe (Con)
My Lords, I have already spoken to Motion P. I beg to move.
Motion P1 (as an amendment to Motion P)
“Development affecting ancient woodland
(1) Before the end of the period of three months beginning with the day on which this Act is passed, the Secretary of State must vary the Town and Country Planning (Consultation) (England) Direction 2021 (“the 2021 Direction”) so that it applies in relation to applications for planning permission for development affecting ancient woodland.
(2) In subsection (1) “ancient woodland” means an area in England which has been continuously wooded since at least the end of the year 1600 A.D.
(3) This section does not affect whether or how the Secretary of State may withdraw or vary the 2021 Direction after it has been varied as mentioned in subsection (1).”
Earl Howe (Con)
My Lords, I have already spoken to Motion R. I beg to move.
Motion R1 (as an amendment to Motion R)
(a) in the case of regulations made by the Secretary of State acting alone or jointly with a devolved authority, the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021),
(b) in the case of regulations made by the Scottish Ministers acting alone, the current environmental policy strategy (within the meaning of section 47 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (asp 4)),
(c) in the case of regulations made by the Welsh Ministers acting alone, the current national natural resources policy (within the meaning of section 9 of the Environment (Wales) Act 2016), or
(d) in the case of regulations made by a Northern Ireland department acting alone, the current environmental improvement plan (within the meaning of Schedule 2 to the Environment Act 2021).”
(a) within Scottish devolved legislative competence, or
(b) which could be made by the Scottish Ministers, with the consent of the Scottish Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.”
(5) Regulations under this section may not amend or repeal—
(a) sections 9, 10 and 11,
(b) section 12(2), or
(c) section 21, of the Building Safety Act 2022.” LORDS AMENDMENT 237
Earl Howe (Con)
My Lords, with the leave of the House, in moving this Motion I will also speak to Motions ZC and ZC1. Together, these Motions address two matters relating to the building safety regime that we have established through the Building Safety Act 2022. I turn first to the power the Government have taken to transfer the building safety regulator out of the Health and Safety Executive in the future.
I recognise the concerns that many noble Lords expressed when they amended these proposals to add formal protections for the important statutory committees established through Sections 9 to 11 of the Building Safety Act. I must particularly thank the noble Lord, Lord Stunell, for his continued interest and constructive engagement with me and my officials. However, we have further considered his amendment and, unfortunately, our conclusion is that it would force us to lose these important committees should the building safety regulator be moved out of the Health and Safety Executive, by preventing the Government amending these sections to change the key references to the Health and Safety at Work etc. Act under which they have been established. We are therefore unable to accept the proposal and have made Amendment 231A, removing the relevant section from Amendment 231.
However, let me repeat the strong commitment that I gave on Report in this House: the Government have no intention to amend the make-up or role of these committees, and fully intend that they should be retained and their important work protected. On this basis, I hope that your Lordships will agree to Amendment 231A. I will respond to Motion X1, in the name of the noble Lord, Lord Stunell, in my closing speech.
Amendment 242, originally put forward by my noble friend Lord Young of Cookham, seeks to secure parity between qualifying and non-qualifying leaseholders under the Building Safety Act 2022, extending the protection to three properties for all types of leaseholder. It would also amend the Building Safety Act to exclude shares in a property of 50% or less from being counted as wholly owned.
The Government cannot accept Amendment 242, for a number of reasons. First, we do not believe that it would have the intended effect. It may in fact undermine the protections currently in place. The noble Earl, Lord Lytton, raised concerns with it on Report because of this. He pointed out that, under my noble friend’s amendment,
“post-remediation qualified status would disappear. If some further defect is found at a later date, the building owner would then impose the cost of sorting it out on all the leaseholders”.—[Official Report, 18/9/23; col. 1239.]
That is not, I am sure, what my noble friend intends. The noble Earl, Lord Lytton, also observed that the amendment does not deal with minority shared ownerships.
Secondly, I can only repeat what I said to my noble friend on Report. The range of issues the amendment attempts to deal with is so extraordinarily complex that it requires rather more time for our lawyers—and. Indeed, lawyers externally—to address fully. As will be clear from our Amendments 288A to 288D in lieu of Amendment 243, this is a complex area of law and, with the greatest respect to your Lordships, Amendment 242 does not deal comprehensively with the difficult and overlapping pieces of legislation in this space. As my noble friend Lady Scott and I have made clear in this House, the Government are looking at these issues carefully, but they are not straightforward and the potential for rushed change to have unintended consequences is high. I therefore ask your Lordships not to insist on Amendment 242.
As my honourable friend the Housing Minister explained in the other place last week, the Government accept the principle of Amendment 243, originally put forward by my noble friend Lord Young of Cookham. We have therefore proposed Amendments 288A to 288D in lieu of Amendments 243 and 288. This will ensure that the statutory protections for leaseholders continue where qualifying leases are extended, varied or replaced by an entirely new lease. This amendment will be retrospective, so it will apply to qualifying leases extended, varied or replaced since 14 February 2022. This means that those qualifying leaseholders who have, for example, extended their leases, or are in the middle of the process, will be covered by the protections. I hope that noble Lords will therefore not insist on Amendments 243 and 288 and instead accept Amendments 288A to 288D. I do of course note my noble friend Lord Young’s Motion ZC1, which I will respond to in my closing speech once he has spoken to it. I beg to move.
Baroness Taylor of Stevenage (Lab)
My Lords, first, I thank all noble Lords who have contributed to the building safety parts of this Bill, which have been complex, but it was all done in the interests of the leaseholders who are at the end of this process. The noble Lords, Lord Stunell and Lord Young, have outlined the reasons for their amendments. I hope that the Minister will carefully consider these outstanding matters. We are all mindful in your Lordships’ House that behind all the technicalities and complexities of the Building Safety Act and attempts to right its deficiencies in this Bill is a group of leaseholders, many of whom were or are first-time buyers, who have had the start of their home-owning journey blighted by the worry and concern of remediation and uncertainty over service charges. They have been let down by errors in the original Bill, which meant that the status of their leasehold determined what charges they would have to pay.
The Minister reassures us that further review of these matters will be undertaken. I hope that will be the case, and that further thought will be given by the Government, if there is to be no compensation to those who have already had significant costs, to how that might be dealt with in future.
Earl Howe (Con)
I am grateful to noble Lords for their comments on this group. I thank my noble friend Lord Young for his kind words on government Amendments 288A, 288B, 288C and 288D. He asked about his Motion in relation to leaseholders who have paid remediation costs since losing the protections. Like my noble friend, the Government are concerned about leaseholders who have paid a significant service charge where they have lost the protections upon extending their leases. Those who have paid out remediation costs while outside the protections may be able to bring a claim for unjust enrichment.
I should point out to your Lordships that we are not aware of this issue being raised with us by any affected leaseholders, so it may well be theoretical in nature—my noble friend may contradict me on that. That said, if we do come across any cases where remediation charges have been paid and are not returned, the Building Safety Act contains a power to make secondary legislation that we believe enables us to provide a bespoke remedy to this issue. If cases do come to light, we will consider carefully whether that is the right thing to do.
Lord Young of Cookham (Con)
I am very grateful for what my noble friend has just said. However, will leaseholders first have to go through the process of claiming unlawful enrichment before the Government introduce the provisions he has outlined—which I welcome—or will the Government use the provisions under subsection (11) of new Section 119A to give them the protection without first obliging them to go through a complex process of claiming unlawful enrichment?
Earl Howe (Con)
As I said, we will carefully consider what is the right thing to do. I have no briefing on whether it will be necessary for leaseholders to make a claim either directly or through the courts. We will make a decision as to what is right in all the prevailing circumstances. I am afraid I cannot go further than that.
I can assure my noble friend that we completely appreciate the point that he has raised, and the Government are looking into what we can do for leaseholders who have had to pay excessive service charges where they have lost the protections. For the reasons I have set out, including the potential for unintended consequences which I described in relation to Amendment 242, I ask my noble friend not to press his Motion on Amendment 288E.
On the other issues he raised, I cannot, as my noble friend will understand, pre-empt the forthcoming gracious Speech or what may be contained in it; it would be quite improper for me to do so. However, I can tell him that the issues he has drawn our attention to will be carefully considered in the department I am representing.
On Motion X1, in the name of the noble Lord, Lord Stunell, I recognise his continued concern and repeat my earlier assurances that the Government do not intend to interfere with these important committees. Section 12 of the Building Safety Act contains appropriate provision to change the statutory committees of the building safety regulator as needed in the future. This gives the Government and regulator the flexibility needed to adapt the role of the regulator and its statutory committees.
We do not agree that it is appropriate or necessary to impose restrictions on the use of that section. We are concerned that, as drafted, this restriction would cause confusion while potentially preventing the use of the powers in Section 12 of the Building Safety Act to make changes to the statutory committees of the regulator in the future.
The Government do not intend to use the power in any way imminently. We consider it necessary to create the ability to move the building safety regulator to an existing or a new body in the future, but we would look at any options very carefully and consider the recommendations from the Grenfell Tower inquiry before confirming the best way forward.
This does not affect the timeline for the building safety regulator’s important work. We expect the regime to be fully operational by April 2024, and we are determined to support delivery of the programme to that timetable. The changes will make sure that we are ready and have the flexibility in place to respond quickly to the Grenfell Tower inquiry report when it is published and that we can be radical and long-term in our thinking.
Earl Howe
That this House do agree with the Commons in their Amendments 237A and 237B.
“Powers of local authority in relation to the provision of childcare
In section 8 of the Childcare Act 2006 (powers of local authority in relation to the provision of childcare)—
(a) in subsection (1)(c) omit “subject to subsection (3),”;
(b) omit subsections (3) to (5).”
Earl Howe (Con)
My Lords, with the leave of the House, in moving Motion Z I will also speak to Motions ZA, ZB and ZB1. As in the earlier group, I draw the attention of the House to the advice from the House of Commons authorities that Motion ZB1 is financially privileged.
The Government listened to the arguments made about local authorities opening their own childcare provision, as reflected in Amendment 239, which was carried on Report. While we did not feel that there was a legislative gap, we have proposed Amendments 239A to 239C in lieu. Amendment 239A removes restrictions on the powers of local authorities to provide their own childcare, as intended by Amendment 239, but does so in a way that is legally sound. Amendments 239B and 239C relate to the extent and commencement of Amendment 239A. On this basis, I hope that your Lordships will agree to these amendments in lieu.
On Report your Lordships also approved Amendment 240, which would require that a Minister publish an assessment of the impact of the enforcement sections of the Vagrancy Act 1824 on levelling up and regeneration. Once again, we have listened to noble Lords’ desire to see something tangible about the Vagrancy Act in the Bill. Given our commitment to the repeal and replacement of this Act, and because identifying, gathering and analysing the information will take significant time, we have agreed to publishing a report but propose that a year should be provided for this, instead of 90 days. To that end, we have tabled Amendments 240A to 240C in lieu, which commit the Government to providing the report within a year. I hope, therefore, that your Lordships will be able to support these amendments.
I turn now to the final issue in this group, as reflected in Amendment 241, which was also carried on Report. This amendment would require the Government to maintain a register of school and hospital buildings in serious disrepair, and to update the register every three months. The safety of our school and hospital buildings is of paramount importance. That is why we invest significant capital funding into improving the estates each year and provide targeted support on issues such as RAAC. We regularly and routinely collect and make available extensive data on the condition of schools and hospitals.
The proposed amendment would drive a number of unintended—and I would say unwanted—consequences. Most concerning is the burden it would place on the school and hospital estates sector and departments, given the volume of relatively minor issues that would require reporting, analysing and following up in order to maintain such a register, ultimately drawing focus away from the most serious issues that require additional support to keep our schools and hospitals safe. The amendment would also carry inevitable financial implications for both the NHS and school systems to collect and maintain such a register, at a time when we all recognise the importance of maximising the front-line impact of resources going into public services.
The House will therefore wish to note that the reason given by the other place for rejecting Amendment 241 is because of the costs that it would impose on public funds through new data collection requirements. In the light of the Commons reason, I trust and hope that the noble Baroness, Lady Pinnock, will not wish to take the issue further and will instead be content to accept Amendment 241A. The noble Baroness, Lady Pinnock, has tabled an amendment in lieu that would require the Secretary of State to lay before Parliament a report on schools and hospitals in serious disrepair within 12 months, and every year thereafter. The Government already publish a wide range of information on the school and hospital estates as a matter of course. For example, on health, the annual Estates Returns Information Collection report contains detailed data on individual hospital condition and safety.
For schools, the department has already run two major condition data collections in recent years, made individual reports available to the sector, and published a summary of findings in 2021. In July, detailed data on all 22,000 schools within scope of the condition survey was deposited in the House Libraries and made available on the Parliament website. A third data collection is under way, covering all 22,000 schools and colleges in England. The Government have also published information about schools and hospitals with buildings confirmed as containing RAAC. The education department does not own or manage the estate, as I am sure she knows, so collecting and reporting additional information would have resource implications for both the department and the bodies responsible for school buildings, and take focus away from supporting schools with the most serious issues. Parliament is routinely updated on these issues already, and they are subject to frequent scrutiny and debate among colleagues. That will clearly continue to be the case, and the Government’s view is that the amendment is not required. I beg to move.
Baroness Hayman of Ullock (Lab)
My Lords, I will speak briefly to thank the Minister for his introduction regarding the two amendments that were moved by the Front Bench here. The first was in my name, relating to childcare. We thank him for listening to and recognising our concerns, and thank the Government for tabling an amendment that does exactly what we asked for; we very much appreciate that. My noble friend Lady Taylor of Stevenage had an amendment down on vagrancy, and again, we are very pleased that the Government have tabled an amendment in lieu on the Vagrancy Act. I will say only that this was promised two years ago, so in our opinion the sooner that action is taken on this, the better.
The noble Baroness, Lady Pinnock, has an amendment in lieu on RAAC. The Minister is aware, as are other noble Lords, of increasing concerns about the number of schools, hospitals and in fact other buildings that have been affected by this. It is important that there is proper information regarding the extent of the problem, and that schools and hospitals, and other organisations which have buildings that are affected have the support that they need, because this is extremely concerning.
Earl Howe (Con)
My Lords, it may be helpful to the noble Baroness to say that I agree with much of what she has just said. We need to think all the time about the quality of our school, college and hospital buildings. As the House will know, her amendment sprang from a concern about RAAC in particular. I know she understands how seriously we are taking that, and we have been engaging with the sector since 2018. Since last year we have taken a more direct approach with responsible bodies to identify and manage RAAC in the estate, and that exposes these issues to greater scrutiny. Every school and college affected is receiving support from the department. That causes some disruption but we are working with schools and responsible bodies to minimise that. I will take away the points she has rightly made about this issue which, I am sure she will know, is not going to go away in a hurry.
“Report on enforcement of the Vagrancy Act 1824
(1) The Secretary of State must prepare and publish a report on the impact of the enforcement of sections 3 and 4 of the Vagrancy Act 1824 on the levelling-up missions (within the meaning given by section 1(2)(a)).
(2) The report must be published within the period of 12 months beginning with the day on which this section comes into force.
(3) This section ceases to have effect on the day on which section 81 of the Police, Crime, Sentencing and Courts Act 2022 (repeal of the Vagrancy Act 1824 etc) comes into force.”
“Qualifying leases under the Building Safety Act 2022
(1) The Building Safety Act 2022 is amended in accordance with subsections (2) to (4).
(2) In section 119 (meaning of “qualifying lease”) after subsection (3) insert— “(3A) A connected replacement lease (see section 119A) is also a “qualifying lease”.”
(3) After section 119 insert—
“119A Meaning of “connected replacement lease”
(1) For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if—
(a) the new lease is a lease of a single dwelling in a relevant building,
(b) the tenant under the new lease is liable to pay a service charge,
(c) the new lease was granted on or after 14 February 2022,
(d) the new lease replaces—
(i) one other lease, which is a qualifying lease (whether under section 119(2) or (3A)), or
(ii) two or more other leases, at least one of which is a qualifying lease (whether under section 119(2) or (3A)), and
(e) there is continuity in the property let.
(2) For the purposes of subsection (1)(d), the new lease replaces another lease if—
(a) the term of the new lease begins during the term of the other lease, and the new lease is granted in substitution of the other lease, or
(b) the term of the new lease begins at the end of the term of the other lease (regardless of when the lease is granted).
(3) For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where—
(a) the new lease is granted by way of a surrender and regrant of the other lease (including a deemed surrender and regrant, whether deemed under an enactment or otherwise);
(b) the new lease is granted under—
(i) section 24 of the Landlord and Tenant Act 1954 (renewed business leases),
(ii) section 14 of, or Schedule 1 to, the Leasehold Reform Act 1967 (extension of leases of houses), or
(iii) section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (extension of leases of flats), in a case where that provision of that Act applies by virtue of the other lease.
(4) For the purposes of subsection (1)(e) there is continuity in the property let if—
(a) the newly let property is exactly the same as the already let property,
(b) the newly let property consists of some or all of the already let property, together with other property (whether or not that other property was previously let) (a “property combination”), or
(c) the newly let property consists of some, but not all, of the already let property (but no other property) (a “property reduction”).
(5) But there is no continuity in the property let by virtue of a property reduction if, as respects any lease in the relevant chain of qualifying leases, there was continuity in the property let by virtue of a property combination.
(6) For that purpose, the “relevant” chain of qualifying leases is the chain of qualifying leases of which the new lease would be part were it a connected replacement lease.
(7) For the purposes of subsection (1)(e) there is also continuity in the property let if the new lease is granted to rectify any error in the lease, or any lease, which the new lease replaces.
(8) Where a dwelling is at any time on or after 14 February 2022 let under two or more leases to which subsection (1)(a) and (b) apply, any of the leases which is superior to any of the other leases is not a connected replacement lease.
(9) For the purposes of sections 122 to 125 and Schedule 8, all of the leases in a chain of qualifying leases are to be treated as a single qualifying lease which has a term that—
(a) began when the term of the initial qualifying lease in that chain began, and
(b) ends when the term of the current connected replacement lease in that chain ends.
(10) The Secretary of State may by regulations make provision about the meaning of “connected replacement lease” (including provision changing the meaning).
(11) The provision that may be made in regulations under this section includes—
(a) provision which amends this section;
(b) provision which has retrospective effect.
(12) Provision in regulations under this section made by virtue of section 168(2)(a) (consequential provision etc) may (in particular) amend this Act.
(13) In this section—
“already let property”, in relation to a new lease, means the property let by the lease or leases which the new lease replaces;
“chain of qualifying leases” means—
(a) an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”),
(b) the first replacement lease, and
(c) any other connected replacement lease if the preceding qualifying lease in relation to it is— (i) the first replacement lease, or
(ii) any other connected replacement lease which is in the chain of qualifying leases;
and a chain of qualifying leases may accordingly consist of different leases at different times (if further connected replacement leases are granted);
“current connected replacement lease”, in relation to a particular time, means a connected replacement lease during the term of which that time falls;
“initial qualifying lease” means a lease which is a qualifying lease under section 119(2);
“new lease” has the meaning given in subsection (1);
“newly let property” means the property let by the new lease;
“preceding qualifying lease”, in relation to the new lease, means—
(a) in a case within subsection (1)(d)(i), the lease which the new lease replaces;
(b) in a case within subsection (1)(d)(ii), a lease which—
(i) the new lease replaces, and
(ii) is a qualifying lease.
(14) The definitions in section 119(4) also apply for the purposes of this section.”
(4) In section 168(6)(a) (affirmative procedure for regulations), after “74,” insert “119A,”.
(5) The amendments made by this section are to be treated as having come into force on 28 June 2022.”
“(e) section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(ea) section 59 comes into force on the day on which this Act is passed;
(eb) sections 60 to 62 come into force at the end of the period of two months beginning with the day on which this Act is passed;”
“(6B) The local plan must take account of an assessment of the amount, and type, of housing that is needed in the local planning authority’s area, including the amount of affordable housing that is needed.”
Long-Term Strategic Challenges Posed by China
Earl Howe Excerpts(6 months, 3 weeks ago)
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Earl Howe
That this House takes note of His Majesty’s Government’s position on the long-term strategic challenges posed by China.
Earl Howe (Con)
My Lords, in what has turned out to be a troubled and turbulent year in global affairs—from the war in Ukraine to bitter conflict in the Middle East and renewed conflict in Asia and Africa, alongside a range of humanitarian crises across several continents —it is important that we should give ourselves time in this House to consider the long-term perspective on our country’s international interests and priorities. In that context, few countries in the world assume as great a relevance to long-term global stability and prosperity as the People’s Republic of China. I therefore welcome the opportunity to commence this debate by explaining the policy approach of His Majesty’s Government to the many facets of our relationship with China.
The House will remember that in 2021 the Government’s integrated review assessed that China’s increasing assertiveness and growing impact on many aspects of our lives will be one of the defining factors of the 21st century. Earlier this year, the integrated review refresh explained how we are responding head-on to a more volatile and contested world. It recognised the major events of the last two years and the epoch-defining and systemic challenge that China presents in terms of military, diplomatic and economic activity. It also set out the three pillars of the Government’s approach to China: protecting our national security, aligning with our allies and partners and engaging with China where it is in the UK’s interests to do so. In speaking of our interests, let me be clear: when there are tensions with other objectives, we will always put our national interests and security first.
In his Mansion House speech in April, my right honourable friend the Foreign Secretary explained the Government’s policy on China in some detail. A starting point for our approach must be to recognise
“the depth and complexity of Chinese history and civilisation”.
One of the greatest strengths of our relationship are the personal and cultural links between the people of our countries. The British-Chinese diaspora plays an important role in our communities and our culture and we continue to welcome hundreds of thousands of Chinese students to the UK, always working to ensure that they are treated as well as any other students, whether from Britain or elsewhere.
Just now I used the phrase “epoch defining”. Let me therefore explain the systemic challenge that China under the Chinese Communist Party represents. Like it or not, we must recognise that China is becoming more authoritarian at home and more assertive overseas. Internationally, China’s new approach to multilateralism is challenging the centrality of human rights and freedoms in the UN system. Within its borders, people face growing restrictions on fundamental freedoms, and the Chinese authorities continue to commit widespread human rights violations. Internationally, China is failing to live up to its commitments, as well as to guarantees in its own constitution. Along with our partners, we want to see all countries respect fundamental freedoms and the rights of ethnic minorities. We expect China, as a leading member of the international community, to adhere to the legally binding agreements it has freely signed up to.
In Xinjiang, members of Uighur and other predominantly Muslim minorities continue to suffer serious violations of their human rights. The UN Office of the High Commissioner for Human Rights has concluded, relying extensively on China’s own records, that Beijing’s actions in Xinjiang
“may constitute international crimes, in particular crimes against humanity”.
In Hong Kong, China’s imposition of the national security law has seen opposition stifled and dissent criminalised. Three years on, we have seen how this opaque and sweeping law has undermined rights and freedoms enshrined in the joint declaration and in Hong Kong’s own basic law. Alternative voices across Hong Kong’s society have been all but extinguished, and changes to electoral rules have further eroded the ability of Hong Kongers to be legitimately represented at all levels of government. Hong Kong’s governance, rights and social systems are now closer to mainland norms.
Turning to the wider region, China’s increased assertiveness in the South China Sea and the Taiwan Strait threatens to bring danger, disorder and division, risking the rule of law and global security and prosperity. China has rapidly modernised its military and done so in an opaque manner. It has militarised disputed islands in the South China Sea. We in the UK have a clear interest in peace and stability in the Taiwan Strait. We have no diplomatic relations with Taiwan but a strong unofficial relationship, based on deep and growing ties in a wide range of areas, and underpinned by shared democratic values. As the Foreign Secretary outlined in his Mansion House speech, the UK believes that the tensions over Taiwan must be settled by the people on both sides of the strait through constructive dialogue, without the threat or use of force or coercion. We do not, and will not, support any unilateral attempts to change the status quo.
As I mentioned, there are three pillars in our approach to China: protect, align and engage. Let me talk first about “protect”. We are strengthening our protections in those areas where China’s actions pose a threat to our people, prosperity and security. The Deputy Prime Minister has spoken of the reported allegations of espionage on behalf of China within Parliament. As the House will expect me to say, I cannot comment on any specific aspect of what is a live investigation. However, it remains an absolute priority for the Government to take all necessary steps to protect the United Kingdom from any foreign state activity that seeks to undermine our national security, prosperity and democratic values.
We have structures in place to identify foreign interference and potential threats to our democracy. These include the new National Security Act, including creating a new offence of foreign interference, and the defending democracy task force, which was established in November last year. These measures supplement steps we have taken to protect the UK’s interests, having created new powers to protect our critical industries under the National Security and Investment Act, having removed Huawei technology from UK 5G networks and having instructed the Chinese embassy to close the so-called Chinese overseas police service stations this year.
On human rights, the UK has led international efforts to hold China to account for its wide-scale violations, including in Xinjiang. We were the first country to lead at the UN a joint statement on China’s human rights record in Xinjiang. I am pleased to say that, just yesterday, the UK led a further joint statement in the UN on the situation in Xinjiang, with 50 other signatories. In this statement, we urged China to end its violations of human rights in Xinjiang, engage constructively with the UN human rights system and fully implement the recommendations of last year’s UN assessment. We have worked tirelessly through our global diplomatic network. Our leadership has sustained pressure on China to change its behaviour and has increased the number of countries speaking out in support of human rights in China.
We have also implemented measures to ensure that UK organisations are not complicit in these violations through their supply chains by introducing new guidance on the risks of doing business in Xinjiang. In addition, we have enhanced export controls and announced the introduction of financial penalties under the Modern Slavery Act 2015. We continue to call China out and pressure it to change course.
On Hong Kong, we have made clear that China’s attempts to use the national security law to pursue self-exiled activists are unacceptable. We will never tolerate attempts by the authorities to intimidate and silence individuals, whether they live in Hong Kong or overseas. In response to the introduction of the national security law in 2020, we acted quickly and decisively to introduce a bespoke immigration route for British national (overseas) status holders and their immediate family members. More than 176,000 BNO visas have been granted by the Home Office, providing a route to UK citizenship. To support their integration into our communities, the Government launched the Welcome Programme in 2021 for Hong Kongers moving to the UK through this route. We welcome the contribution that this growing diaspora makes to life in the UK, just as we welcome the contribution of the diaspora with links to mainland China. We will continue to stand up for the rights and freedoms of the people of Hong Kong—rights and freedoms that China promised to protect when it signed the Sino-British joint declaration.
As the integrated review refresh makes clear, the UK has limited agency to influence China’s actions on our own, which is why we are deepening our alignment with core allies and a broader group of partners. Regional partnerships are especially important in defence and security. We are deepening our engagement with Indo-Pacific countries bilaterally and multilaterally, and with smaller groups of like-minded partners. The Five Power Defence Arrangements, where we work together with Australia, Malaysia, New Zealand and Singapore, reached its 50th anniversary last year. The AUKUS defence partnership with Australia and the US also strengthens regional peace and stability, and the UK has responded positively to requests to build their capacity in maritime security through the AUKUS submarine project.
We have demonstrated our commitment through the successful deployment of the UK carrier strike group to the Indo-Pacific in 2021. It engaged with 40 countries there, and we will also be deploying the littoral response group into the region in 2024. The Prime Minister has announced a further carrier strike group deployment in 2025. Two Royal Navy offshore patrol vessels, now stationed permanently in the region, are further deepening this partnership and supporting capacity building.
The Government recognise that China uses its influence in the global economy to pursue its foreign policy objectives. That brings risks to trade, investment and our supply chains in today’s interconnected world. We monitor this closely and are working to strengthen the UK’s critical supply chain resilience and avoid strategic dependency. This includes international collaboration with allies and partners to discourage trade restrictions and coercive measures.
We are in the final phase of accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which will deepen the UK’s economic ties with partners in the Indo-Pacific region. By acceding to the CPTPP, the UK will join a valuable network of countries committed to the international rules and norms that underpin free trade.
The third and final pillar of our approach to China is “engage”. Here it is essential for us to recognise the size and significance of China’s influence on almost every global issue. China is a major global actor as a G20 member with a permanent seat on the UN Security Council. It accounts for nearly a fifth of the world economy and is a major investor in the developing world. Therefore, no significant global problem can be solved without China. We must engage with Beijing, alongside our partners, on issues that will affect us all. We must continue to engage directly with China towards open, constructive and stable relations to manage disagreements, defend our freedoms and co-operate where our interests align. That is exactly what the Prime Minister did when he met Premier Li Qiang at the G20 New Delhi summit last month, and what the Foreign Secretary did when he met his counterpart Wang Yi in Beijing in August.
It is through engagements such as those that the UK can find ways to work together as well as discuss issues where we disagree strongly with China through direct and unambiguous dialogue. AI is a good example, and the UK will host the AI safety summit next month. Some have called for China to be excluded from this conversation, but it is clear that it will take global co-operation to tackle the challenges that come with that emerging technology, even if we do not share the same values.
Take global warming. As the world’s largest investor in sustainable energy and the largest emitter of carbon, the choices that China makes are critical to our collective ability to tackle climate change. To deliver our global climate goals, we must engage with China. For example, we are working with China and other financiers of international coal to accelerate momentum and ambition for the global transition through our COP 26 energy transition campaign. In other areas, such as global health and pandemic preparedness, decisions taken by China have the potential to have a profound impact on our lives at home.
The UK is an open economy. The Government welcome foreign trade and investment to support growth and jobs, including from China. We will not accept commercial activity that compromises our national security or values, and we have safeguards in place that enable us to engage with Chinese investors and businesses with confidence. The National Security and Investment Act came into force in January 2022 to allow the Government to intervene in acquisitions where we have national security concerns. We will not hesitate to use the Act’s powers if necessary. The Act’s annual report and final orders document the use of NSI powers to date, including to block eight acquisitions by Chinese companies. We also introduced a package of measures in May last year to update the UK’s export control regime. This enhanced our military end-use controls and added China to the list of destinations to which those controls apply. These changes strengthen our ability to prevent exports, and address threats to national security and human rights.
The complex challenges posed by China call for a carefully nuanced policy from government. The three-faceted approach that I have outlined—to protect our national security, align with our allies and partners, and engage with China where it is in the UK’s interests to do so—is, I believe, the right and responsible approach for the long-term peace and prosperity of our country. I commend it to the House and beg to move.
Levelling-up and Regeneration Bill
Earl Howe ExcerptsThursday 21st September 2023
(7 months, 3 weeks ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 173-I Marshalled list for Third Reading - (20 Sep 2023)
The Lord Privy Seal (Lord True) (Con)
My Lords, I have it in command from His Majesty the King and His Royal Highness the Prince of Wales to acquaint the House that they, having been informed of the purport of the Levelling-up and Regeneration Bill, have consented to place their interests, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.
Earl Howe (Con)
My Lords, before we begin Third Reading, I will make a statement on legislative consent. A small number of the provisions in the Levelling-up and Regeneration Bill apply to England and Wales, and a number also apply to Scotland and/or Northern Ireland. There are, as a consequence, provisions in the Bill that engage the legislative consent process in the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly. Throughout the preparation and passage of the Bill, we have worked closely with each of the devolved Administrations, and I pay tribute to officials and Ministers in Scotland, Wales and Northern Ireland for their constructive engagement and support.
I am pleased to report that the Welsh Government have issued legislative consent support for the Bill in principle. They will hold their legislative consent vote in the Senedd in October. We will continue to engage the Scottish Government to endeavour to reach an agreement so that they are able to recommend that legislative consent be given by the Scottish Parliament.
Due to the continued absence of the Northern Ireland Assembly and Executive, a legislative consent Motion cannot, in that case, be secured. I reassure noble Lords that the Government will continue to engage with officials from the Northern Ireland Civil Service, as well as the Northern Ireland Executive once it is sitting.
With the leave of the House, on behalf of my noble friend Lady Scott of Bybrook and at her request, I beg to move that the Bill be now read a third time.
Clause 157: Power to specify environmental outcomes
Amendment 1
Member’s explanatory statement
This amendment fulfils an undertaking made at Report stage and clarifies that the definition of “environmental protection” includes the protection of chalk streams from abstraction and pollution.
Earl Howe (Con)
My Lords, I will also speak to the other amendments in the name of my noble friend Lady Scott of Bybrook. On Report, my noble friend Lord Trenchard tabled an amendment on chalk streams that highlighted their special status and the passion across the House for protecting these habitats further. Although we supported the intent of the amendment, we needed to fix some technical issues within the drafting. We committed to bring forward an amendment at Third Reading to provide clarity and reassurance on chalk streams in the context of environmental outcomes reports.
Therefore, Amendments 1 and 2 would include chalk streams in the definitions of “environmental protection” and “natural environment”. This means that, when setting the outcomes that will drive the new regime, the Government can ensure the protection of chalk streams, including from the effects of physical damage, abstraction and pollution. I thank my noble friend for working with us on this amendment to improve the health of England’s chalk streams.
Following the Government’s statement during the previous stage of the Bill, I am bringing forward Amendment 9, which relates to national parks and areas of outstanding natural beauty, collectively known as “protected landscapes”. This amendment addresses the issues raised on Report by my noble friend Lord Randall of Uxbridge. It will enhance protected landscape management plans and bolster the contribution of partners to help deliver them, ensuring better outcomes for people and nature. As home to some of our most iconic and beautiful places, protected landscapes are crucial delivery partners that are at the heart of our work to unleash rural prosperity and create a network of beautiful and nature-rich spaces that can be enjoyed by all parts of society.
We have made technical drafting amendments to ensure that the amendment operates correctly in practice. This includes amending the individual Acts to strengthen the duty on relevant authorities to contribute to delivery of the purposes of protected landscapes and creating a power to make regulations. The Secretary of State now has the power to bring forward these regulations, and the Government are committed to doing so in a timely manner. I know this is an issue dear to many noble Lords, including my noble friend Lord Randall, who has worked tirelessly on this matter. As such, I hope that noble Lords will lend support to this amendment.
I turn to Amendments 3, 4, 10, 11 and 16 to 54. As noble Lords will recall, this House was not content to accept government Amendments 247YY and 247YYA on Report, which related to nutrients. It is therefore necessary for the Government to reverse any amendments that were consequential on Amendments 247YY and 247YYA, and to fill legislative gaps that have arisen due to Amendments 247YY and 247YYA not being agreed to. This includes amendments which will provide a clear link between new Section 96G of the Water Industry Act, which enables water companies to take a catchment-permitting approach when upgrading waste- water treatment works, and new Regulations 85A, 85B and 110A in the habitats regulations, which direct local planning authorities to assume that the proposed upgrades are certain for the purpose of planning decisions.
The Government have also tabled minor and technical Amendments 10 and 11. Clause 256 of the Bill changes all references to “retained direct EU legislation” in this Bill to “assimilated direct legislation” in line with Section 5 of the retained EU law Act, as that Bill received Royal Assent during the passage of the Levelling-up and Regeneration Bill. One of these references was to the draft amendments concerning nutrient neutrality that were defeated by a vote in the House of Lords on 13 September. This amendment removes the reference.
Noble Lords will recall that we agreed amendments on Report in the name of my noble friend Lord Moylan, in relation to a road user charging scheme in London. The effect will be to enable London borough councils that are meeting their air quality standards and objectives under the Environment Act 1995, or have an approved plan to do so, to opt out of certain road user charging schemes proposed by Transport for London. This is a focused, sensible and proportionate rebalancing of mayoral powers with borough interests in the capital.
This group of government amendments is minor and technical in nature, but they are important none the less. The collective effect of Amendments 5, 7 and 8 is to clarify the eligibility of relevant London borough councils seeking to opt out of certain future road user charging schemes. They improve the drafting by ensuring that the provisions cover each case that could arise in relation to a London borough council. For example, where a council was eligible when it first gave notice but subsequently became ineligible on account of the introduction of an air quality management area, it will have the opportunity to submit an alternative plan during the opt-out period, thereby opening up the opportunity to become potentially eligible again. The collective effect of Amendments 13 and 14 is to correct the extent of Clause 253 so that it extends to England, Wales and Scotland, reflecting the extent of the Greater London Authority Act 1999, which it amends. The concept of application is distinct from that of extent—and these provisions will, of course, in practice apply only to London.
Lastly, Amendment 6 will ensure consistency in the language used and avoid any potential misunderstanding that opt-out notices can be given outside of the defined 10-week opt-out period. I beg to move.
The Earl of Caithness (Con)
My Lords, first, I ask my noble friend to send our best wishes to our noble friend Lady Scott of Bybrook. Secondly, I thank him very much for honouring the commitment made by the noble Lord, Lord Benyon, with regard to Amendments 1 and 2 on chalk streams, on behalf of my noble friend Lord Trenchard, who apologises for not being here himself. We are particularly grateful that this has happened, and I am equally grateful that nutrient neutrality is as it was. On the one hand, the Government were going to protect chalk streams but, on the other hand, they were going to increase pollution. So, I think that chalk streams have a better chance now and I am grateful to my noble friend.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I also thank the Minister for his introductory comments. Amendments 1 and 2 on chalk streams are to be welcomed and I thank the noble Viscount, Lord Trenchard, for his work on this and for pursuing it to make absolutely certain that the Government saw its importance. I am sure that if my late noble friend Lord Chidgey were here, he would also welcome this, as he was a great champion of chalk streams.
The amendments on national parks give security to protected landscapes and assist those who run them in ensuring that they are preserved for generations to enjoy. I support the comments of the noble Baroness, Lady Jones of Whitchurch, on national parks not being able to work outside their boundaries. I hope that the Government will look at this and perhaps reconsider.
Amendments 3, 10, 11 and 16 to 24 on the nutrients issue are all consequential tidying-up amendments, but they are to be welcomed. I thank the Minister and the Government for their work on this and for what seems a sensible way forward.
Earl Howe (Con)
My Lords, I am grateful to all noble Lords for their welcome for these amendments. I note the comments of the noble Baroness, Lady Jones of Whitchurch, in particular. On the specific question that she asked about the meaning of “in a timely manner”, I fear I cannot go much further than that except to express the Government’s full intention to bring these provisions into operation as soon as we are ready to do so and as soon as the regulations have been drafted. If there is anything further that I can tell her, having received further advice, I will of course write to her.
Member’s explanatory statement
This amendment fulfils an undertaking made at Report stage and clarifies that the definition of “natural environment” includes chalk streams.
“(iv) where a direction relating to the plant and the related nutrient pollution standard is made or revoked under regulation 85C or 110B of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (disapplication of assumption that the plant will meet the standard on and after the upgrade date or applicable date), that fact and the date on which the direction or revocation takes effect;”Member’s explanatory statement
This amendment reinstates the requirement on the Secretary of State to maintain and publish online a document including the dates on which any direction or revocation made under the Conservation of Habitats and Species Regulations 2017 and relating to a particular plant takes effect. The requirement was removed at Report stage in connection with other amendments that were not agreed.
Member’s explanatory statement
This amendment reinstates the wording in Clause 174 introducing Schedule 16, which was amended at Report stage in connection with other amendments that were not agreed.
Member’s explanatory statement
This amendment amends Clause 253 (road user charging schemes in London), which enables London borough councils to opt out from certain road user charging schemes, to improve the drafting by ensuring that the provisions cover each case which could arise in relation to a London borough council.
“Protected landscapes(1) The National Parks and Access to the Countryside Act 1949 is amended in accordance with subsections (2) and (3).(2) In section 4A (application of Part 2 of Act to Wales), after subsection (2) insert—“(3) Subsection (1) does not apply in relation to section 11A(1A) or (1B) (duty to further statutory purposes of National Parks in England).”(3) In section 11A (duty to have regard to purposes of National Parks)—(a) in the heading, for “to have regard” substitute “in relation”;(b) after subsection (1), insert—“(1A) In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a relevant authority other than a devolved Welsh authority must seek to further the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.(1B) In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a devolved Welsh authority must have regard to the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.”;(c) in subsection (2), after “Park”, in the first place it occurs, insert “in Wales”;(d) after that subsection, insert—“(2A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1A) (including provision about things that the authority may, must or must not do to comply with the duty).”(e) after subsection (5), insert—“(5A) In this section, “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act).”(4) After section 66 of the Environment Act 1995 (national park management plans), insert—“66A National Park Management Plans (England): further provision(1) The Secretary of State may by regulations make provision—(a) requiring a National Park Management Plan for a park in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;(b) setting out how such a Management Plan must contribute to the meeting of such targets;(c) setting out how such a Management Plan must further the purposes specified in section 5(1) of the National Parks and Access to the Countryside Act 1949.(2) The Secretary of State may by regulations make provision—(a) requiring a relevant authority other than a devolved Welsh authority to contribute to the preparation, implementation or review of a National Park Management Plan for a park in England;(b) setting out how such a relevant authority may or must do so.(4) In this section—“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);“relevant authority” has the same meaning as in section 11A of the National Parks and Access to the Countryside Act 1949.66B Regulations under section 66A: procedure etc(1) The power to make regulations under section 66A—(a) is exercisable by statutory instrument;(b) includes power to make different provision for different purposes or different areas;(c) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision.(2) A statutory instrument containing regulations under section 66A is subject to annulment in pursuance of a resolution of either House of Parliament.”(5) The Countryside and Rights of Way Act 2000 is amended in accordance with subsections (6) to (10).(6) In section 85 (general duty of public bodies etc)— (a) before subsection (1), insert—“(A1) In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a relevant authority other than a devolved Welsh authority must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.(A2) In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a devolved Welsh authority must have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.”;(b) in subsection (1), after “beauty”, in the first place it occurs, insert “in Wales”;(c) after that subsection, insert—“(1A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (A1) (including provision about things that the authority may, must or must not do to comply with the duty).”(d) in subsection (3), after “(2)—” insert—““devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);”.(7) In section 87 (general purposes and powers)—(a) before subsection (1) insert—“(A1) It is the duty of a conservation board established in relation to an area in England, in the exercise of their functions, to seek to further—(a) the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and(b) the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).”;(b) in subsection (1), after “board”, in the first place it occurs, insert “established in relation to an area in Wales”;(c) in subsection (2), for the words from “while” to “(1)” substitute “whilst fulfilling their duties under subsection (A1) or (1) (as the case may be)”.(8) In section 90 (supplementary provisions relating to management plans), after subsection (2) insert—“(2A) The Secretary of State may by regulations make provision—(a) requiring a plan under section 89 relating to an area of outstanding natural beauty in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;(b) setting out how such a plan must contribute to the meeting of such targets;(c) setting out how a plan under section 89 relating to an area of outstanding natural beauty in England must further the purpose of conserving and enhancing the natural beauty of that area.”(9) After that section insert—“90A Duty of public bodies etc in relation to management plans(1) The Secretary of State may by regulations make provision—(a) requiring a relevant authority other than a devolved Welsh authority to contribute to the preparation, implementation or review of a plan under section 89 relating to an area of outstanding natural beauty in England; (b) setting out how such a relevant authority may or must do so.(2) In this section—“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);“relevant authority” has the same meaning as in section 85.”(10) After section 91 insert—“91A Regulations under Part 4(1) A power to make regulations under this Part—(a) is exercisable by statutory instrument;(b) includes power to make different provision for different purposes or different areas;(c) includes power to make consequential, incidental, supplementary, transitional, transitory or saving provision.(2) Regulations under this Part are to be made by statutory instrument.(3) A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.”(11) The Norfolk and Suffolk Broads Act 1988 is amended in accordance with subsections (12) to (15).(12) In section 3 (the Broads Plan), after subsection (6) insert—“(7) The Secretary of State may by regulations make provision—(a) requiring the Broads Plan to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;(b) setting out how the Broads Plan must contribute to the meeting of such targets;(c) setting out how the Broads Plan must further the purposes mentioned in subsection (8).(8) The purposes are the purposes of—(a) conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads;(b) promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public; and(c) protecting the interests of navigation.”(13) In section 17A (general duty of public bodies etc)—(a) in subsection (1), for “shall have regard to” substitute “must seek to further”;(b) after that subsection insert—“(1A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1) (including provision about things that the authority may, must or must not do to comply with the duty).”(14) After that section insert—“17B Duty of public bodies etc to contribute to the Broads Plan(1) The Secretary of State may by regulations make provision—(a) requiring a relevant authority other than a devolved Welsh authority to contribute to the implementation or review of the Broads Plan;(b) setting out how such a relevant authority may or must do so.(2) In this section—“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act); “relevant authority” has the same meaning as in section 17A.”(15) In section 24 (orders and byelaws)—(a) in the heading, after “orders” insert “, regulations”;(b) in subsection (1), after “orders” insert “or regulations”;(c) in subsection (3), after “orders” insert “, regulations”.”Member’s explanatory statement
This amendment has been tabled following an undertaking given at Report stage and confers a power to require management plans relating to National Parks and AONB in England and the Broads to contribute to meeting targets under the Environment Act 2021, and to furthering the purposes of the protected landscapes. The clause also confers a power to require certain public bodies to contribute to preparing, implementing and reviewing such plans. The clause strengthens the duty on certain public authorities when carrying out functions in relation to these landscapes to seek to further the statutory purposes and confers a power to make provision as to how they should do this.
Member’s explanatory statement
This amendment is consequential on the amendment made to Clause 256 at line 26 on page 300.
Member’s explanatory statement
This amendment provides that new Clause (Protected landscapes), tabled in the Minister’s name and to be inserted after Clause 253, extends to England and Wales only.
Member’s explanatory statement
This amendment provides that new Clause (Protected landscapes), tabled in the Minister’s name and to be inserted after Clause 253, comes into force 2 months after Royal Assent.
“(e) the decision is made—(i) where the plant is a non-catchment permitting area plant, before the upgrade date, or(ii) where the plant is a catchment permitting area plant, before the applicable date.”Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
Member’s explanatory statement
This amendment amends the long title to reflect the new Clause (Protected landscapes) tabled in the Minister’s name and to be inserted after Clause 253.
Earl Howe (Con)
My Lords, in begging to move that the Bill do now pass, I extend my thanks to all noble Lords who have contributed to a very detailed and proper scrutiny of this Bill. It is not possible for me to thank everyone individually, for which I hope I will be forgiven, but there are a few people I would like to mention specifically.
First, I am sure that the whole House will recognise and wish to thank my noble friend Lady Scott of Bybrook for the extraordinary amount of time and effort she has dedicated to the passage of this Bill, both inside and outside the Chamber. Her hard work and dedication have been an example to us all. It is equally appropriate for me to express gratitude to Opposition Peers, most notably the noble Baronesses, Lady Hayman of Ullock and Lady Taylor of Stevenage, on the Labour Front Bench and, for the Liberal Democrats, the noble Baroness, Lady Pinnock, and the noble Lord, Lord Stunell, in their turn. My noble friend Lady Scott and I are grateful to them all for the fairness and good nature of our engagement and debate throughout the Bill’s passage. That far-off halcyon time when the levelling-up Bill did not figure in their weekly workload must seem an aeon ago.
I also thank those on the Back Benches for their many constructive contributions, in particular my noble friends Lord Moylan, Lord Randall of Uxbridge, Lord Lansley, Lord Young of Cookham, Lord Lucas, Lord Caithness and Lord Trenchard, as well as the noble Baronesses, Lady Young of Old Scone, Lady Jones of Whitchurch, Lady Randerson, Lady Bakewell of Hardington Mandeville, Lady Jones of Moulsecoomb, Lady Bennett of Manor Castle and Lady Hayman, and the noble Lords, Lord Berkeley, Lord Hunt of Kings Heath, Lord Shipley, Lord Crisp, Lord Best, Lord Lytton and Lord Carrington—and there have been many others.
The House of Lords Public Bill Office, the House clerks and the Office of the Parliamentary Counsel also have my admiration and gratitude for their extraordinary hard work. Last, but certainly not least, I pay tribute to all the members of the Bill team. If ever there was a Bill team deserving of our fulsome thanks, it is this one. The team officials in DLUHC are those I principally have in mind, but many others from departments across government have made an invaluable contribution to the delivery of this Bill. Again, on my noble friend’s behalf and my own, I thank them all for their immense hard work, patience and professionalism over these many months.
This Bill creates the foundations and tools necessary to address entrenched geographic disparities across the UK. It is designed to ensure that this Government and future Governments set clear, long-term objectives for levelling up and can be held to account for its progress. The Bill devolves powers to all areas in England where there is demand for it, empowering local leaders to regenerate their towns and cities and restore pride in places. It also strengthens protections for the environment, making sure that the delivery of better environmental outcomes is at the heart of planning decision-making. I hope that we can all wish it a fair wind. I beg to move.
Lord Young of Cookham (Con)
My Lords, may I say on behalf of the whole House that my noble friend Lord Howe has also borne some of the burden of getting the Bill through? No one can say “No” more politely than my noble friend, as he has had to do to a large number of my amendments.
The only point I really want to make is this: I have done 49 years in Parliament and I have never known a Bill quite like this one. I wonder whether my noble friend can tell the House whether any lessons have been learned from the passage of this Bill—which I think has now taken 24 days in your Lordships’ House —against the background of yesterday when we were told that there will be yet another planning Bill to deal with infrastructure. I express the hope that the next Bill on planning is a little shorter than the one that is about to pass.
Earl Howe (Con)
My noble friend Lord Young can be assured that there will be an exercise to derive those lessons that we think are appropriate from the passage of this Bill. In many ways, I am sure noble Lords would agree that the House has done its work extremely well by its thorough examination of this lengthy measure. However, there may be issues that we can all agree should become the focus of future legislation of a similar kind. I am grateful to my noble friend for raising that question.
Levelling-up and Regeneration Bill
Earl Howe ExcerptsMonday 18th September 2023
(7 months, 3 weeks ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 142-VIII(a) Amendment for Report (Supplementary to the Eighth Marshalled List) - (15 Sep 2023)
“ScheduleRegulations under Chapter 1 of Part 3 or Part 6: form and scrutinyPart 1Statutory Instruments and statutory Rules1 (1) Any power to make regulations under Chapter 1 of Part 3 or Part 6—(a) so far as exercisable by the Secretary of State acting alone or by the Secretary of State acting jointly with a devolved authority, is exercisable by statutory instrument,(b) so far as exercisable by the Welsh Ministers acting alone, is exercisable by statutory instrument, and(c) so far as exercisable by a Northern Ireland department acting alone, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).(2) For regulations made under Chapter 1 of Part 3 or Part 6 by the Scottish Ministers acting alone, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).Part 2Scrutiny of regulationsScrutiny of regulations made by Secretary of State or devolved authority acting alone
2 (1) This paragraph applies to regulations made by the Secretary of State, or a devolved authority, acting alone which contain provision (whether alone or with other provision) under—(a) section 143 or 144;(b) section 145 other than provision, made on the second or subsequent exercise of a power in that section, for—(i) a description of consent, which is neither category 1 consent nor category 2 consent, to be either category 1 consent or category 2 consent, or(ii) a description of consent which is category 2 consent to be category 1 consent;(c) section 149(2) or 150.(2) A statutory instrument containing regulations to which this paragraph applies of the Secretary of State acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(3) Regulations to which this paragraph applies of the Scottish Ministers acting alone are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). (4) A statutory instrument containing regulations to which this paragraph applies of the Welsh Ministers acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.(5) Regulations to which this paragraph applies of a Northern Ireland department acting alone may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.3 (1) This paragraph applies to regulations made by the Secretary of State, or a devolved authority, acting alone which contain provision (whether alone or with other provision) under Chapter 1 of Part 3 or Part 6 and which do not fall within paragraph 2.(2) A statutory instrument containing regulations to which this paragraph applies of the Secretary of State acting alone is subject to annulment in pursuance of a resolution of either House of Parliament.(3) Regulations to which this paragraph applies of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).(4) A statutory instrument containing regulations to which this paragraph applies of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of Senedd Cymru.(5) Regulations to which this paragraph applies of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.4 Paragraph 3 does not apply if—(a) a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;(b) a draft of the Scottish statutory instrument has been laid before, and approved by resolution of, the Scottish Parliament;(c) a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru; or(d) a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.Scrutiny of regulations made by the Secretary of State and devolved authority acting jointly
5 (1) This paragraph applies to regulations of the Secretary of State acting jointly with a devolved authority which contain provision (whether alone or with other provision) under—(a) section 143 or 144;(b) section 145 other than provision, made on the second or subsequent exercise of a power in that section, for—(i) a description of consent, which is neither category 1 consent nor category 2 consent, to be either category 1 consent or category 2 consent, or(ii) a description of consent which is category 2 consent to be category 1 consent;(c) section 149(2) or 150.(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. (3) A statutory instrument which contains regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure.(5) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before the Scottish Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).(7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.6 (1) This paragraph applies to regulations of the Secretary of State acting jointly with a devolved authority which contain provision (whether alone or with other provision) under Chapter 1 of Part 3 or Part 6 and which do not fall within paragraph 5.(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.(3) A statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.(5) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (negative procedure etc.) apply in relation to regulations to which sub-paragraph (4) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). (7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.(9) If in accordance with this paragraph—(a) either House of Parliament resolves that an address be presented to His Majesty praying that an instrument be annulled, or(b) a relevant devolved legislature resolves that an instrument be annulled,nothing further is to be done under the instrument after the date of the resolution and His Majesty may by Order in Council revoke the instrument.(10) In sub-paragraph (9) “relevant devolved legislature” means—(a) in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,(b) in the case of regulations made jointly with the Welsh Ministers, Senedd Cymru, and(c) in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.(11) Sub-paragraph (9) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.(12) Sub-paragraphs (9) to (11) apply in place of provision made by any other enactment about the effect of such a resolution.(13) In this paragraph, “enactment” includes an enactment contained in, or in an instrument made under—(a) an Act of the Scottish Parliament,(b) a Measure or Act of Senedd Cymru, or(c) Northern Ireland legislation.7 Paragraph 6 does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.Interpretation
8 In this Schedule “devolved authority” means—(a) the Scottish Ministers,(b) the Welsh Ministers, or(c) a Northern Ireland department.”Member's explanatory statement
This amendment inserts a new Schedule (Regulations under Chapter 1 of Part 3 or Part 6: form and scrutiny) which contains provision about the form and scrutiny of regulations under Chapter 1 of Part 3 or Part 6 made by the Secretary of State or a devolved authority acting alone or by the Secretary of State and a devolved authority acting jointly.
Earl Howe (Con)
My Lords, as my noble friend Lady Scott said in Committee when the noble Earl, Lord Lytton, brought forward his now-rebranded “polluter pays” amendments, these issues have already been debated at length in this House—I address here Amendments 260A, 282J and 315B. I agree that too many developers and landlords are being too slow to remediate buildings for which they are responsible. However, the Government have not been idle in this space; blocks of flats are being made safer as we speak. Under the regulatory regime that the noble Earl wishes to scrap and replace, 96% of all high-rise buildings with unsafe “Grenfell-style” ACM cladding have been remediated or have remedial work under way.
The leaseholder protections are showing real promise on the ground, so it would seem folly to scrap them and start again from scratch. Indeed, accepting these amendments would set back the progress of remediation by over a year as industry and leaseholders work to understand another new system, just as they are getting to grips with the Building Safety Act—the noble Baroness, Lady Taylor, was quite right to express her doubts on that score. At various points, the noble Earl has talked about his scheme sitting alongside the existing protections, but I argue strongly to your Lordships that that would be a recipe for chaos and confusion. Please do not let us land ourselves with that.
Secondly, many of your Lordships will have already taken part in debates on the regulations to give effect to our responsible actors scheme. That scheme, alongside our developer remediation contracts, requires eligible developers to fix the problems they have caused—I emphasise that clause: to fix the problems they have caused. Eligible developers who do not join the scheme and comply with its conditions will face prohibitions.
In response to the concerns of the noble Earl that the non-qualifying leaseholders are stuck in unsafe flats, as I think he put it, that is simply not true. All principal residences over 11 metres are covered by the protections. Following on from that, he expressed concern that the leaseholder protections do not protect every leaseholder. I just remind him that the direct protections that we have put in place are only part of the Government’s overall scheme. I have already referred to the responsible actors scheme and the developer remediation contracts, and I also point to the more than £5 billion set aside to replace cladding. The new powers in the Act to seek remediation contribution orders against developers, or to pursue them under the Defective Premises Act, also provide valuable indirect protection. Non-qualifying leaseholders are able to seek a remediation contribution order from the tribunal against a developer or contractor in exactly the same way as qualifying leaseholders. Let us remember that, where a developer has signed the developer remediation contract, it will fund all necessary remediation work—both cladding and non-cladding-related—irrespective of whether individual leases in those buildings qualify. Those on the current list of developers are only the first to be pursued; we have committed to expanding that list now that the regulations have been brought forward.
I make one further point. The noble Earl was concerned that the protections under the Building Safety Act remediation scheme will not apply to future buildings. The leaseholder protections address problems with buildings built poorly in the past. Part 3 of the Act raises standards for future buildings; we do not need a remediation scheme to reach into the future. All in all, I hope that, on reflection, the noble Earl will see fit to withdraw Amendment 260A and not move Amendments 282J or 315B.
I turn next to Amendments 282C, 282ND and 315A in the name of my noble friend Lord Young of Cookham. I must tell my noble friend—at the risk of him heaving a sigh—that that these issues are legally complex. What is more, unfortunately, his amendments will not address all those complexities. I can none the less reassure him and your Lordships that officials are working on producing a fix for the lease extension issue and that we will bring forward legislation as soon as possible. We are also considering carefully how we might address any unfairness produced by the issue of jointly owned properties, which my noble friend’s Amendment 282ND seeks to address. I am therefore not delivering a rebuff to my noble friend; I am simply urging him to understand that this is a set of issues that requires very careful legal dissection and working through, and that is what we are doing.
Finally, Amendment 282NF, from the noble Baroness, Lady Pinnock, and Amendment 309A in the names of my noble friend Lord Young of Cookham and the noble Baroness, Lady Pinnock, would require government to report on progress in remediating buildings under 11 metres and resident-owned buildings and to outline plans to expand the Cladding Safety Scheme. I listened to the views of the London Fire Brigade as reported by my noble friend; however, it is generally accepted that the life safety risk is proportional to the height of buildings. Lower-cost mitigations are usually more appropriate in low-rise buildings.
Given the small number of buildings under 11 metres that are likely to need remediation, our assessment remains that extending the protections for leaseholders in the Building Safety Act or our remediation funds to buildings below 11 metres is neither necessary nor proportionate. Where work is necessary, we would always expect freeholders to seek to recover costs from those who were responsible for building unsafe homes, not innocent leaseholders. Therefore, we do not intend to expand the Cladding Safety Scheme to incorporate these buildings, nor will it be possible to report on progress.
That said, I can assure the House that any resident whose landlord or building owner is proposing costly building safety remediation for a building under 11 metres should raise the matter with my department immediately, and we will investigate. Separately, the reporting that is already in place on the Responsible Actors Scheme will include progress made on all buildings in scope of that scheme, including any that are resident-owned. My noble friend Lord Young stated that resident-run buildings are excluded from the protections. They are not; the only buildings that are excluded from the protections as a class are those that are enfranchised, not those managed by residents. We have committed to consider this further and will bring proposals forward shortly.
I hope that what I have said has demonstrated to noble Lords that there are misunderstandings running through the amendments in this group. I have tried to provide reassurance, which I hope will be sufficient for the noble Earl, Lord Lytton, to withdraw his amendment. I also hope that my noble friend Lord Young and the noble Baroness, Lady Pinnock, will not see fit to press their amendments when they are reached.
The Earl of Lytton (CB)
My Lords, first, I thank all noble Lords who spoke in our debate on these amendments. It has certainly given me considerable food for thought. I am grateful to the noble Lord, Lord Young of Cookham, who went through all the promises that have been made but have not yet been dealt with one by one.
I believe that the exclusions are down to the funding assumptions that the Government have made from inception. I go back to something called the consolidated advice note, which, as noble Lords may recall, rather put the cat among the pigeons in terms of how extensive the problem was. Then there was a subsequent attempt to row back, as it were, on the worst effect of that by virtue of the independent expert statement, which itself came 11 months after a disastrous fire concerning Richmond House in the London Borough of Merton. I think we can all see that a process of risk management and managing political exposure is involved here. Unfortunately, that does not cut the mustard for a lot of people will still be stuck, for what seems to me to be an indefinite period, with the problems that they have.
Baroness Hayman of Ullock (Lab)
My Lords, I thank my noble friend Lady Young of Old Scone for introducing her amendment and for bringing it back at this stage. Her Land Use in England Committee wrote an excellent report on this, Making the Most out of England’s Land, with a number of recommendations for the Government. As she said, the Government have said that they will look at this. The question is: when and how is that actually going to happen? She made a very important point about the fact that the Government are looking to focus very much from a Defra point of view, whereas actually, if we are to address the wider aspect of land use and tackle many of the conflicting priorities, it has to be done across parties and across departments to be genuinely effective. We have to work across the House and across all departments to come out with something that will actually make a difference.
I confirm our full support for what my noble friend is trying to achieve with this, and I will be grateful if the Minister confirms that the Government are treating this as a priority, that we will see something sooner rather than later, and that the Government are also intending to work right across all departments and to work constructively across the House.
Earl Howe (Con)
My Lords, the noble Baroness, Lady Young, has once again highlighted the important issue of land use, and I am grateful to her for giving me the opportunity to set out the Government’s plans in this area. First, the Government agree with the intention behind the amendment. Major influences on the use of land must be considered in the round—that is completely accepted and indeed it is why Defra has been working closely with a number of other departments to develop the content of the land use framework for England, which will be published this year. The framework will provide a long-term perspective and, to pick up the point the noble Baroness made, it is supported by the latest advances in spatial data science. We have developed the evidence base needed to ensure that policy can make a virtue of the diversity of natural capital across the landscapes of England.
That said, the Government’s view is that it is neither necessary nor sensible to specify the framework’s scope and purpose in legislation at this stage. There is a very simple reason for that: our work on the framework needs to be open to the latest evidence and insights and indeed, if necessary, to change as our understanding continues to develop. However, I reassure the noble Baroness that the principles she has highlighted are very much in our minds as we approach this important task and that we look forward to engaging with her, and indeed everyone else with an interest, in due course. I hope that, with those reassurances, she will feel able to withdraw her amendment.
Baroness Young of Old Scone (Lab)
My Lords, I thank the Minister for his answer. I am delighted to hear that the framework will emerge before the end of the year—I will hold him to that. We all wait to see what the Government come up with. My anxiety is that a set of principles launched on everybody is going to set up antibodies among landowners big and small, because they will not have been consulted on it and that is not the right foot to get off on, no matter how much consultation then follows. I look forward to seeing what the Government produce, and at this point I beg leave to withdraw my amendment.
Baroness Hayman of Ullock (Lab)
My Lords, there are a number of quite disparate amendments in this group, so I will speak briefly to them.
The first is Amendment 281 in the name of the noble Baroness, Lady Pinnock, to which I added my name, on a register of disrepair in schools and hospitals. This raises a very serious issue. She introduced it very clearly and in detail, so I will not repeat what she said other than to endorse her remarks. We are completely behind her amendment and what she is trying to achieve with it. If the noble Baroness wants to test the opinion of the House, she will have our strong support.
Turning to the other amendments, I notice that the noble Lord, Lord Ravensdale, is now in his place. His amendment, around creating a new partnership model for town centre investment zones, has not really been mentioned. We had quite a discussion about this in Committee, in which we expressed our support. I express that support again and urge the Government to work with the noble Lord on how this approach can be taken forward. We need to do something to support many of our town centres, and his suggestions are worth exploring.
My noble friend Lady Young spoke to the amendment of the noble Baroness, Lady Boycott, around local authorities publishing a list of publicly owned land which is suitable for community cultivation and environmental improvement. I totally support the principle of this; it seems like a sensible way forward to improve local growing and the environmental purposes of land.
The noble Baroness, Lady Jones of Moulsecoomb, introduced the amendment of the noble Baroness, Lady Bennett of Manor Castle, around reviewing the air transport sector. We must really think about our approach to this when we look at climate change. Obviously, we must support this important part of our economy. However, there is so much more to consider. I come back to this over and again: why is it so much cheaper to fly than it is to go by train? This has got to be at the core of how we approach this, particularly if you look at what the French Government have done regarding internal flights. It is something we must take a much stronger look at.
Finally, I was going to make the same point as the noble Baroness, Lady Randerson, about surface water flooding. If we are going to pave over more of our towns and cities, we are going to have more of a problem with surface water flooding—it is just a matter of fact. I support the intention of the noble Lord, Lord Lucas, to see what we can do to stop so many of the gardens in our towns and cities being paved over. It is not just about the aesthetics—although, obviously, they are lovely; there is a practical reason to consider this more carefully.
Earl Howe (Con)
My Lords, Amendment 281 in the name of the noble Baroness, Lady Pinnock, considers the important issue of school and hospital safety. It would require the Government to keep a register of schools and hospitals in serious disrepair. Nothing is more important than the safety of pupils, patients and staff in schools and hospitals. That is, I am sure, common ground between us across the House; however, it is our belief that the amendment is unnecessary. Furthermore, we think that it would not, in practice, have the effect that the noble Baroness intends. The Government provide significant funding and support for the upkeep of schools and hospitals, including additional support where there are issues that cannot be fully managed locally.
Earl Howe (Con)
My Lords, the debates that we have had on this subject are a reminder of the importance of onshore wind in meeting our net-zero and carbon budget ambitions. This amendment asks that we change national planning policy on onshore wind to bring forward more onshore wind installations in England. I am pleased to say that the Government have now done this.
Updated policy, which took effect from 5 September, paves the way for more onshore wind projects to come online. It does so, first, by broadening the ways that suitable sites can be identified and, secondly, by ensuring that local councils look at the views of the whole community rather than a small minority when considering a planning application. I know that the noble Baroness, Lady Hayman, is concerned that this does not go far enough but we believe that it is an important and positive change. I fear I really must reject the term “baby steps”. We are committed to increasing the deployment of onshore wind energy and I can assure her that we will keep progress under review, taking into account not only feedback from stakeholders of whatever kind but available data on the schemes themselves, such as those published by the Renewable Energy Planning Database.
The amendment would also remove the requirement for applicants to carry out mandatory pre-application consultation with those communities affected by development. I understand the argument that this requirement does not apply to most other schemes. However, we think that effective engagement is particularly important in this case, given the strength of feeling which onshore wind proposals can generate, and the opportunities which positive engagement can provide for improving understanding and identifying opportunities to address potential impacts on the local area.
I do not like to sound a negative note on an issue like this but, should this amendment pass, it would for a period also create a policy gap for onshore wind. The foundation of the nationally significant infrastructure projects planning process is national policy statements, through which projects are examined against the national need case. Neither the current nor the draft renewable energy national policy statement covers onshore wind, due to it being consented through other routes.
I say again that the Government consider that onshore wind has an important role to play in achieving net-zero targets and we will continue to promote and incentivise deployment across the UK. I am sympathetic to the intentions behind this amendment but I ask the noble Baroness to reflect, before deciding whether to divide the House, that this is an area where we are taking action, as I know she welcomes, and it is important that we give our policy changes the opportunity to work. As local decision-makers are now able to take a more balanced approach to onshore wind applications, and as we will keep progress under review, I hope that I have provided sufficient reassurance for her to feel able to withdraw her amendment.
Baroness Hayman (CB)
My Lords, I am extremely grateful to the Minister for his very considered view this evening and for the time that he and the noble Baroness, Lady Scott of Bybrook, spent discussing this issue with me. I am afraid that I simply cannot accept his argument that what the Government have done is sufficient for the scale of the need. The scepticism that has greeted the Government’s proposals across the industry is such that I think it is really important that the other place has the chance to think again on this issue; they never really thought in terms of wind on the Energy Bill. It is important that they do soi in relation to this Bill, and I wish to test the opinion of the House.
“Amendments of references to “retained direct EU legislation”In the following provisions for “retained direct EU legislation” substitute “assimilated direct legislation”—(a) section 156(3)(e), and(b) section (Regulations: nutrients in water in England)(3)(b).”Member's explanatory statement
This amendment inserts a new Clause which provides that the references in the Levelling-up and Regeneration Bill to “retained direct EU legislation” are to be replaced by references to “assimilated direct legislation”.
“Power to address conflicts with the Historic Environment (Wales) Act 2023(1) The Secretary of State may by regulations amend this Act, or any Act amended by this Act, in consequence of a relevant amending provision of the Historic Environment (Wales) Act 2023 (“HEWA 2023”) coming into force before a provision of this Act.(2) That power includes, in relation to an Act amended by this Act, the power to make amendments to serve in place of those contained in this Act.(3) Amendments made in reliance on subsection (2) must produce in substance the same effect in relation to England as the amendments contained in this Act would produce if the relevant amending provision of HEWA 2023 were ignored.(4) In this section—“amend” includes repeal, and related terms are to be read accordingly;a“relevant amending provision” of HEWA 2023 means a provision of that Act that amends an enactment that—(a) is amended by this Act, or(b) relates to an enactment amended by this Act.”Member's explanatory statement
This new Clause confers power to make regulations in consequence of new Welsh legislation which amends some legislation also amended by the Bill and would, if brought into force before the relevant provisions of the Bill, call for some of the changes made by the Bill to be formulated differently.
Member's explanatory statement
This amendment is consequential on the amendment in the Minister’s name to Clause 231 at line 19 on page 273.
(ii) is not made under section (Power to address conflicts with the Historic Environment (Wales) Act 2023) or under section 230 in consequence of regulations under section (Power to address conflicts with the Historic Environment (Wales) Act 2023).”Member's explanatory statement
This amendment, together with the amendment in the Minister’s name at page 273, line 24, would apply the negative procedure to regulations made under the proposed new clause in the Minister’s name after Clause 230.
“(fa) under section 133(1)(a);”Member's explanatory statement
This amendment provides that the new power to make regulations conferred by the amendment in the Minister’s name to Clause 133 at line 18 of page 162 is subject to negative procedure.
“(ka) under section (Power to address conflicts with the Historic Environment (Wales) Act 2023);”Member's explanatory statement
See the explanatory statement for the amendment in the Minister’s name at page 273, line 4.
Member's explanatory statement
This amendment clarifies that the Schedule to be inserted after Schedule 12 in the Minister’s name which contains restrictions on the exercise of the powers by the Welsh Ministers extends to England and Wales, Scotland and Northern Ireland so far as it relates to Chapter 1 of Part 3.
Member's explanatory statement
This amendment provides for Clause 25 (power to provide for election of mayor) and Schedule 2 to the Bill to come into force on Royal Assent.
“(f) section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;(fa) section 59 comes into force on the day on which this Act is passed;(fb) sections 60 to 62 come into force at the end of the period of two months beginning with the day on which this Act is passed;”Member's explanatory statement
This amendment makes provision for Clause 59 of the Bill (consent to conferral of police and crime commissioner functions on mayor) to come into force on Royal Assent.
“(q) section (Powers of parish councils) comes into force at the end of the period of two months beginning with the day on which this Act is passed.”Member's explanatory statement
This amendment makes provision that new Clause (Powers of parish councils) comes into force two months after Royal Assent.
Member's explanatory statement
This amendment provides that the new Clause (Biodiversity net gain: pre-development biodiversity value and habitat enhancement) being inserted after Clause 128 in the Minister’s name comes into force at the end of the period of two months beginning with the day on which the Act is passed.
Member's explanatory statement
This amendment clarifies that the Schedule to be inserted after Schedule 12 in the Minister’s name which contains restrictions on the exercise of the powers by the Welsh Ministers comes into force at the end of the period of two months beginning with the day on which this Act is passed so far as it relates to Part 6.
Member's explanatory statement
This amendment would have the effect that the new Clauses and Schedule relating to childcare that are tabled in the Minister’s name would come into force by regulations.
Member's explanatory statement
This amendment provides that new Clause (Blue plaques in England), as tabled by the Minister, comes into force 2 months after Royal Assent.
“(10) In this Part—(a) sections 227, 228 and 229 to 235 come into force on the day on which this Act is passed;(b) section (Amendments of references to “retained direct EU legislation”) comes into force at the end of 2023.”Member’s explanatory statement
This amendment provides that the new Clause (Amendments of references to “retained direct EU legislation”) being inserted after Clause 228 in the Minister’s name comes into force at the end of 2023.
Member’s explanatory statement
This amendment amends the long title to reflect the new Clauses and Schedule tabled in the Minister’s name amending the Childcare Act 2006.
Levelling-up and Regeneration Bill
Earl Howe ExcerptsWednesday 13th September 2023
(7 months, 4 weeks ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 142-VII(a) Amendment for Report (Supplementary to the Seventh Marshalled List) - (13 Sep 2023)
Earl Howe
Member's explanatory statement
This amendment removes subsection (4) of the new section 54A of the Planning Act 2008, being inserted by Clause 120, which contains a restriction on prescribed public authorities from charging fees where the advice, information or assistance is provided to certain excluded persons.
Earl Howe (Con)
My Lords, I shall speak also to the other 15 government amendments in this group. Amendment 225 to Clause 120 of the Bill, along with Amendments 226 and 227, are minor and technical. In developing NSIP applications, applicants are required to consult statutory consultees who provide expert advice to ensure that infrastructure is delivered in a way that supports our objectives, including those around enhancing the natural environment, public safety and protecting historic assets.
Clause 120 provides a power for the Secretary of State to make regulations to set up a charging regime for specific statutory consultees to recover their costs for the services they provide to applicants when engaging on NSIP applications. Our policy objective is to ensure that applicants should pay for advice from specific statutory consultees throughout the consenting process, and to support statutory consultees to achieve full cost recovery for their services.
Exemptions in subsections (4) and (6) of the new section inserted by Clause 120 were originally included to ensure that excluded persons were not liable for the costs of advice provided to them, so that regulations could make it clear that the applicant bears liability for such costs. However, through discussions with relevant statutory consultees, it has become clear that these subsections would also prevent applicants being charged where the Secretary of State engages with statutory consultees directly. Therefore, the clause would prevent specific statutory consultees recovering costs requested by an excluded person—even from applicants—in a timely way that supports faster decisions on applications for development consent.
To ensure that the clause delivers our policy aims, I propose that new subsection (4), and in consequence, a number of excluded persons defined in new subsection (6), be removed. The removal of these exemptions is required to achieve our original policy intention, whereby statutory consultees should be able to obtain full cost recovery for the provision of their services in relation to NSIPs, regardless of the person to whom those services are provided.
I now turn briefly to government Amendments 229 and 230. In Committee, we introduced an amendment to allow prescribed bodies named in regulations to charge fees for providing advice or information in connection with applications or proposals under the planning Acts, as defined in Section 336 of the Town and Country Planning Act 1990, which is now Clause 128 of the Bill. In Committee, the noble Baroness, Lady Parminter, eloquently set out on behalf of the noble Baronesses, Lady Young of Old Scone and Lady Hayman of Ullock, that the exclusion in new subsection (3)(b) on charging for advice provided to planning decision-makers could have the effect of inhibiting charging where applicants enter into a voluntary agreement with statutory consultees to provide advice or assistance as part of the planning application.
It is obviously not the intention of the power to disincentivise proactive and early engagement between applicants and statutory consultees or prevent statutory consultees charging where an applicant has voluntarily paid for a premium service—quite the opposite. On larger-scale proposals, there may be a need to have sustained and ongoing engagement with statutory consultees. So, as with the NSIP charging powers, we have listened and are making changes to address the issues raised. Through Amendments 229 and 230, we are changing Clause 128. These changes will have the effect of removing new subsections (3)(b) and (5), which provide for the exclusion. This should allay any concerns over the scope of our charging power and will allow us to work through the model of statutory consultee charging with the sector, through regulations. I should add that we have engaged with Defra, which sponsors Natural England, and the Environment Agency, and they see this amendment as a positive step forward.
All the other government amendments in this group, starting with Amendment 263A, are consequential to the marine licensing cost recovery powers. Clause 214 as introduced, which is now Clause 222, gave the Secretary of State new powers to make regulations which set the level of fees payable for post-consent marine licence monitoring, variations and transfers, where the Secretary of State is the appropriate marine licensing authority under the Marine and Coastal Access Act 2009. We are now extending those powers to Scottish Ministers, where the Scottish Ministers are the appropriate licensing authority under that Act in the Scottish offshore region, to avoid a legislative gap. In conclusion, the amendments are important as they remove any potential uncertainty as to the nature and scope of our cost recovery powers for statutory consultees and ensure that they can be made more effective. I beg to move.
Baroness Young of Old Scone (Lab)
My Lords, I will speak briefly to my Amendment 227A on an issue the Minister has already touched on: enabling statutory consultees, such as Natural England, Historic England and the Environment Agency, to charge both planning decision-makers and applicants for the advice they are required to give. That is, as the Minister noted, a valuable part of the planning system which supports the Government’s aspirations on growth and environmental sustainability.
Currently, this work is funded from statutory consultees’ ordinary budgets, and the growth in planning applications means that more and more money is drained from those ordinary budgets and away from their ordinary and very necessary work. The statutory consultees have tried to become as efficient as possible to cope, but the cost to them is now £50 million a year, and 60% of that is borne by Natural England and the Environment Agency. I declare my interests as a former chairman of Natural England’s predecessor and a former chief executive of the Environment Agency. In effect, that means that the planning system is operating with a hidden subsidy at the statutory consultees’ expense, with the major focus being on the planning proposals which present the greatest potential environmental impact due to their size and location—inevitably, those cost the most money for the statutory bodies to inquire into and report on.
As the Minister said, Clause 120 introduces charging for nationally strategic infrastructure projects, but it does not cover ordinary Town and Country Planning Act casework. I thank both Ministers, the noble Baroness, Lady Scott of Bybrook, and the noble Earl, Lord Howe, for their assiduity and flexibility in discussing that with me and others. They have made some limited concessions, but, at the end of the day, I ask the Government: why is there not a level playing field between Town and Country Planning Act casework and casework for nationally strategic infrastructure projects? That would resolve the issue for the statutory consultees.
Earl Howe (Con)
My Lords, Amendment 227A in the name of the noble Baroness, Lady Young of Old Scone, seeks to impose a requirement on the Secretary of State to bring forward regulations under Clause 128 that will enable statutory consultees to charge applicants for their advice on planning applications and consents under the planning Acts. I appreciate that our Amendments 229 and 230 do not go as far as the noble Baroness, Lady Young, might like. However, given the complexity of statutory consultee charging—it is a complex field—in our view it would be unwise to rush into a radically different set of arrangements. The changes that she proposes have the potential to impose financial impacts on applicants, in particular home owners and SMEs, and they could severely affect local planning authority capacity and its ability to make timely decisions. We need to ensure that an appropriate balance is reached with any charging model.
To put that into context, there are around 28 statutory consultees prescribed nationally and around 50,000 applications a year that the big six national statutory consultees comment on. That does not include local statutory consultees, such as highways authorities. Therefore, we will need a system that works for everyone, not just a select few, and this will need to be worked through carefully and collaboratively with the sector. Against that background, I hope that the noble Baroness will see why we are reluctant to rush into the model that she proposes and that she will in fact decide not to move her Amendment 227A on that account.
Amendment 235, in the name of the noble Baroness, Lady Pinnock, would enable local authorities to set their own planning application fees. I understand how important it is for local planning authorities to have the resources that they need to deliver an effective planning service. On 20 July, we laid regulations, as she mentioned, that will increase planning fees by 35% for the major applications and 25% for all other applications. This is a national fee increase that will benefit all local planning authorities in England. In addition to the 35% increase, local planning authorities may charge fees for providing pre-application advice or using pre-planning agreements for major schemes. Fee levels for those services are set by individual local planning authorities. It is important to factor that point into noble Lords’ consideration of this issue.
The Government do not believe that enabling local planning authorities to vary fees and charges is the way to answer resourcing issues, for several reasons. First, it does not provide any incentive to tackle inefficiencies—indeed, the opposite is true. I am not sure that I heard that point addressed either by my noble friend or by the noble Baroness, Lady Pinnock. Secondly, I have to come back to the point that the Government argued in Committee. Having different fees between local authorities would be bound to create uncertainty and, perhaps more importantly, unfairness for applicants. We have to be cognisant of the need for fairness. It is all very well for my noble friend to say that applicants will not notice if fees vary between areas. It is a question of doing what is right for all parties and not just feeding the wishes of local authorities in this area, understandable as those are, as I said. Also, at an extreme, if fees are set too high, they could risk doing what I am sure the noble Baroness, Lady Pinnock, does not want, which is to discourage development coming forward in the first place. For those reasons, I am afraid that I must resist the amendment and I hope that, on reflection, the noble Baroness will be persuaded not to move it when we reach it.
Baroness Pinnock (LD)
Before the noble Earl sits down—I thank him for the reply—can he just confirm that the Government are willing for council tax payers to subsidise planning applications, which are often very big applications? That is often where the fee discrepancy occurs, with very big housing developments or commercial developments. Is the noble Earl happy for the Government to see council tax payers subsidising those planning applications?
Earl Howe (Con)
The noble Baroness’s question has a lot of hypotheses built into it. As she knows, local government funding is not just a matter of fees being charged and council tax being levied; there is of course support from central government as well. I suggest that it is very difficult to generalise in the way that she is asking me to. However, I say respectfully that she ought to remember too that local authorities can charge more for more complex cases, so there is flexibility in that sense.
Member’s explanatory statement
This amendment is consequential on the amendment being made to remove subsection (4) of the new section 54A of the Planning Act 2008, inserted by Clause 120, in the Minister’s name.
The Earl of Devon (CB)
My Lords, I had not expected to speak but this interesting debate has raised a couple of questions which maybe the Minister or the noble Baroness, Lady McIntosh, may address, particularly concerning Amendment 232.
I note that I am a member of the Wetlands APPG, so wetlands and flood plains are very close to my heart. I am also a member of the Devon Housing Commission so the cost and availability of housing in rural areas is very close to my heart too. There is a conflict here and I wonder whether Amendment 232 would have too big an impact on the availability and affordability of housing in areas near these floodplains.
I wonder whether the Minister or the noble Baroness, Lady McIntosh, if she sums up, can assist me on that point. I also wonder, given that we have just discussed the biodiversity net gain principle, whether we can apply that principle to building housing on these sensitive areas, such that if flood plains are being used up to create residential housing in essential areas, we look to invest in creating further areas for flood relief and landscaping to offset and ameliorate the problems created by building in these important areas where housing is required because it tends to be accessible and somewhat more affordable.
Earl Howe (Con)
My Lords, as we have heard, this group of amendments addresses a range of issues relating to water management and flood risk and I think it appropriate for me to begin by responding to Amendment 231, the first amendment in this group. I am grateful to my noble friend Lady McIntosh of Pickering for this amendment because it gives me the opportunity to tell the House that following publication of the review for implementation of Schedule 3 to the Flood and Water Management Act 2010 earlier this year, the Government are actively working on how best to implement Schedule 3.
An ambitious timeline has been set to deliver this quickly and that is why we have already committed to implementation in 2024 following statutory consultation later this year. I am sure my noble friend will understand how essential it is that we allow sufficient time to engage with stakeholders to help shape the details of implementation. Schedule 3 provides for a public consultation which must take place on the national standards. We have also committed to consult on the impact assessment and will need stakeholder views to inform decisions on scope, threshold and process in order to draft the secondary legislation required to implement Schedule 3. I hope that reassures my noble friend regarding her Amendment 231 and that, on that basis, she will not feel the need to press it.
Amendments 232 and 237 in my noble friend’s name would prevent planning permission for residential development in functional flood plains and high-risk flood areas and create a new duty for the Secretary of State to make building regulations within six months for property flood resilience, mitigation and waste management in connection with flooding. I listened carefully to what my noble friend and the noble Baronesses, Lady Pinnock and Lady Hayman, had to say. Let me explain where the Government are on this. Planning policy directs development away from areas at the highest risk of flooding. Building regulations set drainage system requirements for individual buildings and the main sewerage system is governed by the sewerage undertaker for the area.
As I said, I listened carefully to the arguments put forward but contend that the Government have well-established means of making sure that new developments are not approved where there is an unacceptable flood risk. I would argue that the Environment Agency and local authorities are the right bodies to oversee the maintenance of existing flood mitigation measures and, for these reasons, in our view introducing new requirements into the building regulations is not necessary.
New housebuilding—I hope I can reassure the noble Earl, Lord Devon, on this—and most other forms of development should not be permitted in the functional flood plain where flood-water has to flow or be stored. But it is important that local councils follow the sequential risk-based policy in the framework, steering new development away from areas known to be at risk of flooding—now or in the future—wherever possible. However, sometimes it is necessary to consider development in such areas. Banning development entirely in flood risk areas would mean that land that could safely be built on could no longer provide the economic opportunities our coastal and riverside settlements depend on. That is why I say to the House that we should trust our local authorities to make sensible decisions about what development is appropriate in their area. Having said that, we will of course keep national planning policy on flood risk and coastal change under review, as noble Lords would expect.
Amendment 236 would place a duty on the Government and local authorities to make data about flood prevention and risk available for the purpose of assisting insurers and property owners. Data about flood prevention and risk, including for planning purposes, is already publicly available, provided primarily by local authorities and the Environment Agency. Creating new duties on government and local authorities to publish this data is therefore unnecessary. Insurers can already access information, and to require government or local authorities to facilitate their use of the information would create unnecessary burdens on our public services. Within both the Environment Agency and the insurance industry, the modelling of UK flood risk continues to improve, resulting in models and maps than can assess flood risk at more detailed geographical levels, taking into account all the drivers of risk.
Amendment 238 would require the Financial Conduct Authority to make rules requiring insurance companies to participate in the currently voluntary build back better scheme, which was launched by Flood Re in April 2022. Amendment 239 extends the flood reinsurance scheme to premises built since 2009 that have property flood resilience measures that meet minimum standards and buildings insurance for small and medium-sized enterprise premises.
The build back better scheme is still in its early days and has not yet been fully embedded or tested. This is therefore not the right time to consider making changes. Properties built since 2009 should be insurable at affordable prices because of the changes to planning policy in 2006. If Flood Re were applied to homes built after 2009, that would be inconsistent with current planning policy.
Baroness McIntosh of Pickering (Con)
I am slightly concerned because the legal position is very clear: any new development built after 2009 on a flood plain, whether functional or not, simply does not qualify for insurance. That is the purpose of the amendment. Unfortunately, if a house purchaser does not require a mortgage, they will not realise that they are not covered by insurance until such time as they are flooded, hence the need for the amendment.
Earl Howe (Con)
I am in some difficulty because the advice that I have received is different. I shall need to take advice and write to my noble friend on that point. I come back to what I said earlier: properties built since 2009 should be insurable at affordable prices because of the changes made to planning policy back in 2006. That is the position as we understand it.
With regard to small and medium-sized enterprise premises, Flood Re was designed to provide available and affordable insurance for households, but that does not include businesses. There is no evidence of a systematic problem for businesses at high flood risk accessing insurance.
Amendments 240 and 241 would require, first, the Government to establish a certification scheme for improvements to domestic and commercial properties in England made for flood prevention or flood mitigation purposes and, secondly, the Financial Conduct Authority to make rules requiring insurance companies to consider flood prevention or mitigation improvements that are either certified or planning permission requirements in setting insurance premiums.
We are committed to promoting the uptake of property flood resilience and are working closely with Flood Re, the property flood resilience round table and the insurance industry to determine how best to develop the mechanisms needed for insurers to take account of property flood resilience when setting premiums. Additionally, the industry is exploring how to improve standards and skills. For example, as part of the joint Defra and industry round table, the Chartered Institution of Water and Environmental Management is developing a certified competent PFR practitioner scheme to help grow the pool of trained professionals and improve the standards for the design, installation and maintenance of PFR projects.
Amendment 245 in the name of my noble friend Lady McIntosh seeks to make water undertakers—that is, water and sewage companies—statutory consultees on planning applications for major development that is likely to affect water supply. I am grateful to my noble friend for this amendment. Like her, I appreciate the important role of water undertakers in maintaining public health and ensuring access to clean water for communities. This is why in the other place the Government committed to consult after Royal Assent on whether we should make water companies statutory consultees, how that would work in practice and any implications flowing from that. As the DLUHC Secretary of State can make changes to the list of statutory consultees through secondary legislation, we do not need to use the Bill to do that. With that in mind, I hope my noble friend will not feel the need to move her amendment when we reach it.
Baroness McIntosh of Pickering (Con)
My Lords, I am grateful to all noble Lords who have spoken, particularly the noble Lord, Lord Wigley, for supporting Amendment 231 and the noble Baronesses, Lady Pinnock and Lady Hayman of Ullock, for their support. I will not go through each and every amendment.
Amendment 245 is a direct consequence of the Pitt recommendation to end the automatic right to connect. We are placing the Government, the department, Ofwat and the Environment Agency, but in particular the water companies, in a difficult position by forcing them to connect when the pipes simply cannot take the sewage. It goes into the watercourses right at the beginning of the process, then into the rivers and to the coast, and we know that everyone gets upset about that.
To correct my noble friend, the ABI briefing for today’s debate says: “It is important to note that Flood Re does not provide cover for properties built after 1 January 2009. The 2009 exemption is an extension from previous amendments between the insurance industry and the UK Government, which jointly agreed to purposely exclude these properties from the scheme to ensure that inappropriate building in high flood risk areas was not incentivised”. That is why I shall be pressing Amendment 232 to a vote.
Earl Howe (Con)
If my noble friend would be kind enough to give way, I will repeat that my advice is that properties built since 2009, as she said, are not eligible for Flood Re. However, they should be insurable via the commercial market.
Baroness McIntosh of Pickering (Con)
Hand on heart, I do not know of any commercial insurance company—I know others are better versed on that, including the noble Lord, Lord Hunt—that would offer that.
I will respond briefly to the comments of the noble Earl, Lord Devon, which raise wider issues. I believe we are fixated on new build, which is forcing people to build on flood plains. One measure would be to remove VAT on the renovation of houses and put VAT on new build. But I believe it is the responsibility of local authorities to rule out building on flood plains where the direct consequence of that will force floodwater and displaced water into existing developments. I do not think the National Planning Policy Framework adequately addresses that. I will not go on any further, except to beg leave to withdraw Amendment 231.
Levelling-up and Regeneration Bill
Earl Howe ExcerptsThursday 13th July 2023
(10 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 142-II(b) Amendments for Report (Supplementary to the Second Marshalled List) - (13 Jul 2023)
Earl Howe
“The Common Council of the City of London: removal of voting restrictions(1) In section 618 of the Housing Act 1985 (the Common Council of the City of London), omit subsections (3) and (4).(2) In section 224 of the Housing Act 1996 (the Common Council of the City of London), omit subsections (3) and (4).”Member’s explanatory statement
This amendment removes the restrictions in section 618 of the Housing Act 1985 and section 224 of the Housing Act 1996 on members of the Common Council of the City of London from voting as a member of the Council, or a committee of that Council, on matters relating to land in which they have a beneficial interest.
Earl Howe (Con)
My Lords, the amendments in this group are all concerned in one way or another with devolution. To start, I beg to move government Amendment 61; I will also speak to Amendment 309. Taken together, they pick up a proposal made by my noble friend Lord Naseby in Committee about the voting rights of members of the Common Council of the City of London. Having considered the issue raised by my noble friend, the Government are of the view that there is merit in correcting the disparity that applies uniquely to members of the Common Council of the City of London, preventing them voting on housing matters when they are also tenants of the council. These government amendments will allow common council members to apply for a dispensation to vote, bringing the City of London into line with the disclosable interest regime that applies to all other local authority members via the Localism Act 2011. I commend them to the House and will be happy to respond to the amendment in the name of the noble Baroness, Lady Taylor, once she has spoken to it.
Lord Davies of Stamford (Lab) (Valedictory Speech)
My Lords, for the last two years a very nasty, cruel war has been waged only two or three thousand kilometres to the east of here by the Russians who attacked Ukraine quite gratuitously under the orders of Mr Vladimir Putin, the President of the Russian Federation. He is a man who, I think everybody knows, identifies with the most imperialistic Russian traditions of former tsars such as Peter the Great and Catherine the Great.
We could have flinched from our responsibilities when this invasion took place but we did not, and I congratulate the Government on the strong line that they have taken in support of Ukraine and the good example they have set, which has been followed by many other members of NATO, in supplying vital arms to the Ukrainian forces. It is very important to respond to aggression because, if one does not, one will quite clearly have more of it.
My reason for speaking today is that there has been a very important meeting in Vilnius over the past few days in which the leaders of NATO have set out the kind of policy we should adopt in relation to Ukraine over the coming months and possibly longer. I am glad to say there has been a large measure of consensus and some important developments—very important is the fact that Sweden has now joined NATO. Sweden is an influential country, much respected throughout the world, and a great asset to us in this difficult situation.
The other countries—most recently France and Germany, in the last few days—have also agreed to supply new weapons, which is very important. The West generally has shown that it will not be ignored in a matter of this kind, which threatens the fundamental sovereignty of the peoples of Europe and the peace of our continent. We must always remember—we learned it in the 1930s, of course—that aggressors invariably come back for more, and what one must never do is give in to them. What is very important is that we do not conduct ourselves in such a way as to send a signal to Mr Putin that he can get away with invasion with impunity and that he can alter the frontiers of Europe quite deliberately at his own behest. That must never happen.
There is something personal that I should mention. If I am alive today, it is thanks in large part to the remarkable work of the medical profession. I pay tribute to all those who work in it, most particularly in the NHS. My father was a GP all his working life and was devoted to the founding principles of the NHS. My eldest son has volunteered for years with St John Ambulance, and he gives me graphic and often disturbing accounts of what life is like on the medical front line. The emergency intensive care and trauma teams at Nottingham’s Queen’s Medical Centre defied the odds when they saved my life after my near-fatal car crash three years ago. I am eternally grateful to them, together with the wonderful rehabilitation team in London, who got me back on my feet.
I am gravely concerned at reports of insufficient numbers of staff and hospital beds, plummeting staff morale, crumbling buildings and other problems which beset the NHS. The Government owe it to the country to do whatever is necessary for the health of the nation, and the time for taking urgent action on this matter is now.
Baroness Taylor of Stevenage (Lab)
My Lords, it is a great honour and privilege to follow a characteristically eloquent speech from my noble friend Lord Davies of Stamford. After so many years’ service in both Houses since 1987, we owe him a great debt of thanks for the work he has done for the people of this country and for our country. It is my great sadness that I have known him for only such a short time. I was appointed as his Whip just a few months ago. It is a great regret that we have not been able to get to know each other better during that time but, as my noble friend sets off on what I hope will be a long and peaceful retirement, I hope we can keep in touch. I thank him greatly for all the things he has done during his time serving the people of the country.
Earl Howe (Con)
My Lords, I listened with much regret and enormous respect to the valedictory speech of the noble Lord, Lord Davies of Stamford. He served as Member of Parliament for Grantham and Stamford for 23 years—for the vast bulk of that time on behalf of the Conservative Party. It did not take long for him to make his mark in the other place, as was evidenced by the Guardian naming him parliamentarian of the year in 1996. The BBC named him Back-Bencher of the year in the same year.
The noble Lord served in the shadow Cabinet in the early years of the last Labour Government and demonstrated there his very considerable political and personal abilities. I remember how shocked and saddened his Conservative colleagues were at his decision to leave our ranks, but then how proud we were on his behalf and that of his family that his manifest abilities were recognised by his appointment in the Labour Government as Parliamentary Under-Secretary of State for Defence Equipment, a position he held for two years and one which I know he greatly enjoyed.
In your Lordships’ House, the noble Lord has been a doughty and persuasive debater, an assiduous support to his party and a most congenial parliamentary colleague. We wish him well in his retirement.
Lord Shipley (LD)
My Lords, my name appears on Amendment 62 in this group. I am grateful to the noble Baroness, Lady Taylor of Stevenage, for referring to the debate I moved a few weeks ago on the importance of local government and of renewing it, reviving it and devolving more to it.
The problem is that the Government think that they are doing devolution within England, but they are not; they are effectively replacing with combined authorities, combined counties and mayoral combined authorities all the different forms we had of devolution, such as the regional development agency structure that we had until some 11 years ago. We have seen the problems caused by the fact that no comparable structure exists. The combined authorities are effectively doing spatial planning, strategic housing policy and strategic transport policy, but what we have not got is devolution to local government. The amendment moved by the noble Baroness, Lady Taylor of Stevenage, is terribly important; I could add to the list in subsection (2) of the proposed new clause—we could all do that.
Subsection (3) of the proposed new clause really matters. It states:
“The Bill must also include provisions for a new framework of cooperation between local authorities and the Government based on mutual respect”.
I think that is really important. What we have at the moment is an attempt by the Government to run England out of Whitehall, and it simply cannot be done with 56 million people in England; it must be done through devolved structures.
So far, with the replacement of the regional development agency structure, in practice what we have is now a hub-and-spoke model in which schools are effectively being run through a regional structure and, more and more in Whitehall, one can see structures being created which are its attempt to manage the delivery of services across England. Whitehall is undertaking the management of services—as opposed to the policy which underpins those services, which is the role of Whitehall in the main—when it should not be managing the delivery of the service.
That met a major problem with Test and Trace. You simply cannot operate something as big and fundamental as that centrally out of one of the Whitehall departments. I hope the Government will understand that this really matters. It is not just a question of fair funding, money or, indeed, powers in some areas but about a fundamental reset of the relationship between central and local government across England.
If there were to be a change of government, I really hope that I would hear from the Opposition Front Bench that they would keep to the commitments that they have prioritised, that the new Government would do the same thing by producing a devolution Bill within 120 days of being elected, and that that would
“include provisions for a new framework of cooperation between local authorities and the Government based on mutual respect”.
We are here having a preliminary debate about what might happen over the next two or three years, but I sincerely hope that the Government understand the seriousness of this situation. With all the funding problems there are now, I do not think the situation can last that much longer.
Earl Howe (Con)
My Lords, Amendment 62 from the noble Baroness, Lady Taylor of Stevenage, seeks to place a requirement on the Minister of the Crown to publish a draft devolution Bill within 120 days of this Bill gaining Royal Assent. I understand and agree with noble Baroness’s desire to ensure that local authorities can request powers from central government. However, this is already possible for any principal council under our existing devolution legislation. Any such council could ask for functions to be conferred on it, and the Cities and Local Government Devolution Act 2016 provides that public authority functions can be conferred on local authorities by statutory instrument where the statutory requirements are met. These include consent from the local authority and approval from Parliament.
The devolution framework in the levelling up White Paper sets out our policy offer. It provides a comprehensive menu of options for devolution within a functional economic area or whole-county geography, underpinned by four key principles. The options are multifarious, whether that is moving towards a London-style transport system to connect people to opportunity, improving local skills provision, or being able to act more flexibly or innovatively to respond to local need. There is not a one-size-fits-all approach to English devolution, and areas will want to choose the right model for them.
There is no need for this to be set out in a new Bill: these functions all already exist in primary legislation and, as I said, can be conferred on a local authority via secondary legislation under the 2016 Act. I hope that that is of some help to the noble Baroness and that she will not feel the need to move this amendment when it is reached.
Baroness Pinnock (LD)
My Lords, the two amendments in this group apparently have little in common, but they do. Their common feature is that they are all about fairness. Amendment 66 in the name of my noble friend Lord Shipley is about fair voting systems. I obviously support his remarks about the importance to our democracy of having an electoral process and system that is seen to be fair to the electorate. As he rightly said, anyone elected with a third of the vote does not have the support of the majority of the electorate in their area. Fairness in voting is very important.
Amendment 63 in the name of the noble Baroness, Lady Taylor of Stevenage, and introduced by the noble Baroness, Lady Hayman of Ullock, is about fair funding. If levelling up—the name of the Bill—means anything, one element must be fairness across the country. This means fairness in terms of our democracy and fairness in terms of the financial support given to communities across England.
One thing we know is that our communities across the country vary considerably in their levels of inequality. As I have said many times during the debate on this Bill, the levelling up White Paper is full of information about how some people in some parts of our country are at a huge disadvantage because of the inequalities that they suffer as compared with the rest of the country. We have listed these inequalities before: in health, in skills, in access to public transport, in crime levels in their areas and in the quality of the housing and green spaces available. There is a plethora of examples of where some communities and the people who live in them are at a serious disadvantage because of those inequalities. At the heart of that are the councils that serve them. If councils have inadequate funding to provide the level of services that respond to the level of need, those inequalities will persist and get wider.
This brings me back to fair funding. As the noble Baroness, Lady Hayman of Ullock, said, fair funding has been a promise of this Government—a pledge, even—for six years, and rightly so. The national audit companies that do the external audits for local authorities make regular reports about the state of the whole local government system and its financial well-being. I read those reports because they are important; they give you an independent look at the state of local government. They say clearly that a number of local authorities in England will soon not be able to fulfil even their basic statutory responsibilities because they have inadequate finance. As the external auditors say, that is not because there is profligacy in the way the councils are run; it is simply because they have inadequate funds to fulfil their responsibilities. This could be because the areas have high levels of need and deprivation to respond to but it could also mean that they have historically inadequate levels of funding; that is why fair funding is so important.
I understand why the Government have been reluctant to fulfil a fair funding review. Unless there is a bucketload of extra money for local government finance, which I doubt, it will require a re-spreading of the same amount of funding for local authorities. This means that there will be winners but there will also be losers. I guess that is why the Government have so far failed to tackle this thorny issue. I accept that it is not easy but it is essential.
The cause of this is partly the base level of council tax that each authority can raise. Band D is supposed to be the average across the country. However, in my authority, it is band A+, if you like. In the council area that I represent, 66% of the properties are in bands A and B. They cannot raise the same levels of funding from council tax that others can. It also means that people who are living in very modest properties are paying high levels of council tax. None of that is fair. I come back to fairness and levelling up because, if levelling up is to mean anything, it must mean—I say it again—more investment in the very areas that the Government’s White Paper identifies. Those are the same areas that are underfunded in terms of their core funding with which to deliver essential public services.
I support Amendment 63 and urge the Government to put something into practice—to do something. Even if it has to be phased in, there must be a better approach to the funding of local government than we have currently. I will put the same pressure on the Labour Front Bench that my noble friend did. If Labour gets into government, will it do fair funding? It is vital because, otherwise, a number of councils will no longer be able to sustain basic services.
Earl Howe (Con)
My Lords, as the noble Baroness, Lady Hayman, explained, this proposed new clause would require the Secretary of State to publish the fair funding review, which I take to mean the 2018 government consultation on fairer funding for local government, A Review of Relative Needs and Resources.
I hope to persuade the noble Baroness that publication of the review would not now serve any useful purpose. As I explained in Committee, the data on which the review was based are now historic. First, the review does not take into account the 2021 census and demographic data. Secondly, neither the data nor the consultation responses take any account of the events of the past five years, including, most significantly, the Covid-19 pandemic and the advent of high inflation. Both developments have profoundly changed our economic landscape. As the noble Baroness, Lady Taylor, has pointed out previously, using outdated information is a fundamental issue in today’s system. Publishing the response to the fair funding review at this point in time would not help us to fix this problem.
Business of the House
Earl Howe Excerpts(1 year ago)
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Earl Howe
That Standing Order 38(1) (Arrangement of the Order Paper) be dispensed with on Wednesday 10 May 2023 to enable debate on the second reading of the Illegal Migration Bill to begin before Oral Questions that day.
Earl Howe (Con)
My Lords, I beg to move the Motion on the Order Paper in the name of the Leader of the House.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, I think this is a debatable Motion.
Earl Howe (Con)
My Lords, I am more than happy to hear from the noble Lord in a second. Although I principally rise to move the Motion, I should like to seek the indulgence of the House on one matter before I briefly address what the Motion is for.
Your Lordships have just returned from the Coronation Recess. Many of the staff of your Lordships’ House did not enjoy the weekend off. As many of us know, they were in this building, supporting noble Lords who were attending the Coronation events. I know that our tireless doorkeepers were here from the early hours of Saturday to assist with robes, as were those providing the excellent catering and those keeping us all safe. While it is always invidious to pick out individuals, I pay especial tribute to Black Rod’s office. During the last weeks, its staff have dealt with all sorts of anxious queries with their characteristic endless patience. I am sure that all noble Lords will join me in thanking all the staff involved for their dedication.
Earl Howe (Con)
I turn briefly to the Motion. Tomorrow, the House will debate the Illegal Migration Bill. This is a flagship piece of legislation and 87 noble Lords have indicated their desire to speak. To allow the maximum possible time for debate, the usual channels have agreed to sit at 11 am. The House will consider the Second Reading of the Bill between 11 am and 2 pm, when we will adjourn to allow Members to attend group meetings. The House will resume at 3 pm. After Oral Questions and any Private Notice Questions, we will return to the Bill. We will break after 6 pm to consider Commons Amendments to the Higher Education (Freedom of Speech) Bill. Once this is complete, we will return to the Bill until the rise of the House. These extra hours have allowed the usual channels to agree to a six-minute advisory speaking time, which I hope will allow all sides of the House to express their positions satisfactorily on this important Bill. I beg to move.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, it always the case that when there is a difficulty for the Government, the noble Earl, Lord Howe, is put forward to deal with it, because we all love him so much. The Government think they can get away with anything when they put the noble Earl up. However, I associate myself with the remarks that he made in relation to all the staff; I am sure everyone in the House would do that. It is one of the reasons I am concerned that we are going to meet at an early hour tomorrow, with this whole helter-skelter of activity during Wednesday.
Ideally, if the Government had not got their legislative programme into a total mess—we all know it is a total mess, with Bills being brought in, taken out again and amended, so we do not know where we are—and if we were dealing with this properly, as we ought to be, the obvious thing would be to have two days for Second Reading. Many Members want to speak in the debate—87, I think the noble Earl said—but then we could deal with it properly. After all, the Illegal Migration Bill is a very important Bill. As one of my colleagues said, they are not sure whether “illegal” refers to migration or to the Bill. I think it is the Bill.
The noble Earl, Lord Howe, has been put forward. The noble Lord, Lord True, would make a good case but he is not as persuasive—not as gentle and kind—as the noble Earl. This is going to happen again and again unless we take a firm stand now. I hope we get an assurance from the noble Earl that it is not going to happen again and again, disrupting our Wednesdays, and maybe even having us meeting early on days when those of us who do not live in or near London have difficulties. I hope we will have a guarantee that we will not have this again and again. The only reason we are having is it that the Government’s legislative programme is in absolute disarray, and we should not be made to suffer for it.
Lord Collins of Highbury (Lab)
My Lords, I want briefly to add my comments to those of the noble Earl regarding the staff on Saturday. Not only did they carry out their duties well and properly but they were friendly and courteous and took extra steps to make the whole day enjoyable. I join with the noble Earl in his remarks.
Turning to my noble friend’s contribution, unfortunately my noble friend Lord Kennedy, our Chief Whip, cannot be here, so I am the friendly face. I accept the comments of my noble friend Lord Foulkes but we have agreed on tomorrow. In terms of a precedent, I hope the noble Earl will take my noble friend’s comments on board for future occasions.
Earl Howe (Con)
My Lords, I certainly take the comments of the noble Lord, Lord Foulkes, on board. There is always a judgment to be made, when the list of speakers is as long as it is tomorrow, as to whether one should seek to divide a Second Reading up into more than one day and thereby have a breakage by way of an adjournment, which in itself is never very satisfactory, or to do as we have done, which is to attempt to make a single debate fit into a single day. It was the general feeling in the usual channels that this is the right outcome in this instance, particularly as it will allow a reasonable speaking time for noble Lords and a reasonable rising time as well.
Levelling-up and Regeneration Bill
Earl Howe ExcerptsWednesday 3rd May 2023
(1 year ago)
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Baroness Bakewell of Hardington Mandeville (LD)
My Lords, the noble Baroness, Lady Young of Old Scone, has introduced these two amendments very clearly. I will be brief.
The green belt is seen by most of the population as an excellent example of green space in which to relax and enjoy the fresh air, and a place where they can, if they are quiet and careful, spot some of our indigenous wildlife. As the noble Baroness, Lady Willis of Summertown, said, just the sight of green space is good for us. However, all is not well with the green belt. The percentage of green belt in England that also has a statutory nature designation, such as SSSI, SPA/SAC, LNR or NNR is only 5.44%; the percentage that also has a statutory landscape designation, an AONB in England, is 9.26%; and the percentage of the green-belt land in England without either statutory landscape or nature designation is 86.67%. This last figure takes account of the same areas with both landscape and nature designations. It is easily seen that little of the green belt has any real protection. I am grateful to Wildlife and Countryside Link for this information.
The green belt should be a community asset. It has been enjoyed for generations. During my childhood I lived in Bristol, on a new housing estate erected in haste to replace those dwellings bombed during the war, when there was a desperate need for new housing. Our back garden ran up to the edge of the green belt, as did the gardens of our neighbours. In Bristol as children, we could play games, have impromptu picnics, play hide and seek and build dens in the scrub woodland that went around the corner and covered a quarter of the area. In the winter, we could take our tin trays and toboggan down the snowy slopes. In summer, there would be bees buzzing around the clover flowers, slow-worms on the edges of the scrub woodland and mice scuttling around under the bushes; birds would steal blackberries in the autumn. The green belt is an asset that needs to be preserved for future generations of children to enjoy in both inner-city and rural areas, and to increase biodiversity, as the noble Baroness, Lady Willis, said.
Amendment 295 comprehensively defines the purpose of green belts. I will not detain the Committee by repeating the list, with which I completely agree. Where green belts are preserved and accessible to local communities, they improve the physical and mental health of those communities. Amendment 312E in the name of the noble Baroness, Lady Hayman of Ullock, and introduced by the noble Baroness, Lady Taylor of Stevenage, requires the Secretary of State to report on legislation in relation to green-belt land and to lay this report before Parliament. The noble Baroness, Lady Willis of Summertown, has spoken eloquently on this especially important amendment, and I support her comments and the aims and ethos of Amendment 312E.
I accept completely that there are competing needs on green-belt land around cities, but we need to find different ways of preserving the green belt and providing housing. Not all housing should be in the cities: as many people will know, I have long been an advocate of a rural strategy that makes absolutely certain that there is organic growth of housing in rural areas. That said, the noble Lord, Lord Lansley, has given some excellent examples of the benefits of reviewing the green belt. The green belt and the widening of its objectives are important and should be brought into statute and given teeth, as has been said.
Earl Howe (Con)
My Lords, it is a pleasure to respond to the noble Baroness, Lady Young of Old Scone. She and I go back a long way to the days when I was a Minister in MAFF and she was chief executive of the RSPB. A photograph of a stone curlew used to sit on my ministerial desk. I pay tribute to her as a staunch defender of the natural environment over many years, including in her current role as chair of the Woodland Trust.
I turn to her Amendment 295, alongside Amendment 312E in the name of the noble Baroness, Lady Hayman of Ullock. Amendment 295 seeks to transpose the existing purposes of green belt land from the National Planning Policy Framework into statute. It would also add new purposes in regard to climate change, biodiversity, natural capital and public access. Amendment 312E seeks to probe the possibility of introducing legislation in relation to the green belt.
Although I entirely understand the sentiment behind these amendments, the government view is that these matters are best dealt with in national planning policy rather than legislation. National planning policy already sets out the purposes of the green belt. Such land is vital for preventing urban sprawl and encroachment on valued countryside, while enabling towns and cities to grow sustainably. National planning policy includes strong protections to safeguard this important land for future generations and these protections are to remain firmly in place.
For example, national policy is already clear that the green belt can and should support public access and that opportunities for greening should be taken. The noble Baroness, Lady Willis of Summertown, mentioned that there is already provision to say that a local authority should not propose to alter a green belt boundary unless there are exceptional circumstances and it can show, at examination of the local plan, that it has explored every other reasonable option. That, I suggest, is a strong protection.
Another example is our recent consultation on reforms to the National Planning Policy Framework. We proposed new wording on green belt boundary policy, as mentioned by my noble friend Lord Lansley. Our proposed changes are intended to make clear that green belt boundaries are not required to be reviewed and altered if this would be the only means of meeting objectively assessed housing need over the plan period. We are currently analysing consultation responses. He questioned the utility of that change. My understanding is that in the current wording of the framework there is a straightforward permissive power for local authorities with regard to green belt boundaries. The wording is not slanted either way. We think it could be beneficial to slant it in the way the consultation proposes. I do not agree that it would absolve local authorities from achieving sustainable development.
Incidentally, my noble friend Lord Lansley asked about the existing boundaries within the definition of national development management policy. We have been clear about what aspects of current policy would be a national development management policy. The decision-making parts of current policy, such as that on the green belt, would form the basis of NDMPs. The Government have also committed to consulting on amendments to national planning policy to reflect the commitment in the levelling up White Paper to bring forward measures to green the green belt, so that it can better fulfil its potential as land of scenic, biodiversity and recreational value, as well as checking urban sprawl.
Some powerful points have been made in this debate, not least by the noble Baronesses, Lady Young of Old Scone, Lady Taylor and Lady Willis of Summertown, about the green potential of green belt. We are working with Defra, Natural England and others to consider how local nature recovery strategies can benefit green belt and other greenfield land to improve people’s access and connection to nature, and to maintain and restore habitat, wildlife populations and woodland. All this is work in progress and I do not want to pre-empt the outcome of our consultation on the detail of the green belt policy in the framework.
I appreciate that the noble Baroness, Lady Young, was hoping for greater certainty at this point, or at least the prospect of it; however, I cannot provide that today for the reasons I have given. Nevertheless, I hope that what I have said will give her enough reassurance that the Government are committed to consulting on giving the green belt a greener purpose and that she will be content to withdraw her amendment on that basis. Equally, I hope that the noble Baroness, Lady Taylor, will not move her amendment when we reach it.
Baroness Young of Old Scone (Lab)
I thank all noble Lords who have spoken in this important debate. At least, I think I thank them all. There are one or two I probably do not agree with. The noble Lords, Lord Lansley and Lord Young of Cookham, amply showed how the polarisation argument about green belt is quite corrosive. It cannot be either/or; it has to be both. We have very little land in this country and we are asking more and more of it, so we have to find ways to meet all the needs for land effectively. That is the subject of another amendment that I have tabled to the Bill. In particular, I hope I misunderstood the noble Lord, Lord Young of Cookham, who seemed to imply that if green belt did not meet the broader criteria, other than just urban sprawl reduction, that was a good reason for building on it. In my view, we should be asking: how do we get this land, which is primarily for the purpose of restraining urban sprawl, also to do other things while it is at it?
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, this group of amendments deals with tree preservation orders and would extend their scope and strength. TPOs are an important tool to support tree protection and need to be strengthened in order to be effective. The noble Baronesses, Lady Young of Old Scone and Lady Taylor of Stevenage, have spoken eloquently to the amendment.
Despite a well-established tree protection system, most of our ancient trees have no legal protection. Perhaps now is the time for ancient trees to have the same protection as our old buildings and other endangered wildlife. The use of TPOs around the country is very patchy: some councils, such as City of London and Blackpool, have fewer than 40 TPOs in place, whereas around 50 councils report over 1,000 TPOs, including eight with over 2,000 TPOs. Trees are an essential asset, especially in urban areas, and need to be treated with greater respect.
The amendments in the name of the noble Baroness, Lady Young of Old Scone, cover: penalties for non-compliance in Amendment 296; the meaning of “amenity” in Amendment 297; TPOs being in the public interest in Amendment 298; removing the exemption of dead and dying trees in Amendment 299; and, lastly, consultations on TPOs in Amendment 301. I support all of them. Where trees have died or are dying, I support, in general, their retention. As such, they will become homes for wood-boring insects, and nest sites for birds and smaller mammals. I do, however, add the caveat that where a tree that has died has been assessed as likely to be a danger to the public, perhaps some of the upper branches should be removed to make it stable and the lower limbs and trunks left to decay naturally.
How often have we seen councils announce that they are cutting down trees to make way for some new road improvement scheme or other facility? The public, quite rightly, rise up in protest. How much better it would be if all councils and authorities, where they are planning schemes, consult with the public and take the public with them. Perhaps with a little tweaking, their plans could be amended to ensure the retention of trees, whether ornamental or traditional species.
Trees are the green lungs of our urban and inner-city areas. They provide roosts and nesting sites for birds; their branches provide shade and a cool breeze on a summer’s day; and they hold 30% of carbon storage. We fully support this suite of amendments and look forward to the Minister’s comments.
Earl Howe (Con)
My Lords, I thank the noble Baroness, Lady Young of Old Scone, for proposing this group of amendments, all of which are related to the protection of trees. I should start by saying that as a member of the Woodland Trust, and as an owner of woodlands myself, which are interests I should declare, I have sympathy with the spirit of these amendments. I shall, however, attempt to persuade the noble Baroness that they are unnecessary or, in some cases, undesirable.
First, Amendment 296 seeks to make all offences of contravening a tree preservation order or tree regulations subject to an unlimited maximum fine. I understand the sentiment behind this proposal. It is right that there needs to be a credible threat of significant fines if we want to protect the trees that we most cherish. However, I think there is an important distinction between deliberate damage to a tree, leading to its total destruction, and, for example, the loss of a single branch, where the tree itself survives. Our current approach to fines recognises this difference. Wilful damage leading to the destruction or likely destruction of a tree is punishable by an unlimited fine, and there are examples of the courts handing down significant fines. Less serious offences—for example, where someone prunes a tree and is perhaps unaware that it is protected by a tree preservation order—are subject to a lower maximum fine of up to £2,500.
I firmly believe that the current approach is the right one. It is proportionate and fair, and provides a clear steer to the courts. For these reasons, I am afraid I am not able to support this amendment.
I turn to Amendments 297 to 299. Amendment 297 would provide a definition of “amenity” for tree preservation orders. Amendment 298 would make it clear that local planning authorities may utilise tree preservation orders proactively and where there is no indication of an intent to undertake works to a tree. Amendment 299 would maintain protections for dead trees and ensure that they remain eligible for tree preservation orders.
The Government recognise the need to protect and enhance biodiversity through the planning system, and trees are central to this. I agree with the noble Baroness that tree preservation orders are important tools. Local planning authorities may now use them, as she recognised, to protect selected trees and woodlands if their removal would have a significant negative impact on the local environment and its enjoyment by the public. This gives local planning authorities scope to protect the trees important to their communities, whether for amenity or for wider reasons.
The making of tree preservation orders is discretionary and local planning authorities may confer this protection where there is a risk or an emerging risk of damage to trees. So I argue that it is unnecessary to make an amendment to the Town and Country Planning Act 1990 to ensure their proactive use. Perhaps the fact that I am putting that on the record will be helpful.
I turn to the definition of “amenity”. There is already a wide definition within the tree preservation order regime of the concept of amenity. The meaning of amenity is deliberately not defined in statute, so that decision-makers can apply their full planning judgment to individual cases. The term is, however, already well understood and applied to a wide range of circumstances, with the planning practice guidance already being clear that the importance to nature conservation or responding to climate change may be considered.
Changing the meaning of amenity in the way proposed could lead to uncertainty for considering tree preservation orders and risks unintended consequences more generally in the planning system. Tree preservation orders protect living trees; they do not protect dead trees. It is important that dead trees are exempt from orders, as urgent works may need to be taken where dead trees pose a risk. In particular, for group and woodland tree preservation orders, diseased trees can pose biosecurity risks. Ash dieback is a classic example in which you absolutely have to be proactive. I speak from very recent personal experience. Preventing the spread of disease from dying trees is often very important. There can often also be an urgent need to protect the public, as the noble Baroness, Lady Bakewell, said.
Looking at the wider picture, tree preservation orders are only one of the tools we have to ensure these invaluable assets are protected. For example, our already strong protections for biodiversity in the planning system give consideration to the preservation and value of trees. We are also taking significant further steps to improve outcomes for biodiversity in the planning system through the 10% biodiversity net gain requirement in the Environment Act 2021. This will make trees of value to development, given the significant biodiversity value they bring. This will help ensure that trees are seen as integral to development as opposed to a barrier to it. Therefore, while I appreciate the spirit of these amendments, I am not able to support them, bearing in mind the breadth of protections that trees are already afforded. I hope I provided enough reassurance for the noble Baroness not to move these amendments when they are reached.
Amendment 301 seeks to introduce a requirement for public consultation prior to a local planning authority deciding to revoke a tree preservation order. The existing revocation process, as set out in the tree preservation regulations, is long established. Among other matters, it requires a local planning authority to notify persons interested in the affected land that an order has been revoked.
While the current legislation does not require public consultation, in practice I expect that local planning authorities would want to engage and consult with interested parties before reaching their decision. Our planning practice guidance makes clear that this option is open to them. The current approach to the revocation of tree preservation orders is squarely in line with revocation processes in other parts of the planning system, for example, where a local listed building consent order is revoked.
In summing up, I hope I have provided reassurances to the noble Baroness, Lady Young, and that she will be content to withdraw Amendment 296 and not move her other amendments in this group when they are reached.
Baroness Young of Old Scone (Lab)
My Lords, I thank noble Lords who have taken part in this debate, and I will just make a couple of points to the Minister.
The mood music around TPOs is really important. There is guidance, as the Minister has said, on revocation, but its implementation is very patchy across the country. The definition of who is interested in the land can be interpreted very narrowly so that the folk who are clearly interested—local residents on a wider basis—are often not informed about revocations. That is just one example of where these amendments intend to demonstrate that the Government are serious about TPOs and want to create a different mood music around them.
In terms of dead and dying trees, local authorities currently move very rapidly to remedy, for example, trees that are coming into a dangerous condition and need to be felled. Those of us who have got ash dieback know that they can move very rapidly on that. I do not think there is a real problem around saying that TPOs must be strengthened because there is disease. What we want for TPOs is a presumption for retention of trees, rather than the possibility of both revocation and removal of dead and dying trees. I am obviously not of the same mind as the Minister.
I will make a slightly barbed political point. I do not know whether there are any friends of the Conservative leader of Plymouth council in the Chamber. He must be rather regretting that he was not strenuous about the observation of tree protection orders, since he lost his job over the recent debacle of the illegal felling of trees in Plymouth. So I urge the Government to recognise that the public, bless their hearts, have the bit between their teeth on this. Unless the Government demonstrate that they recognise that there is a point, and unless they make some movement towards finding ways of enabling the public to be more effectively involved and to feel that TPOs are a stronger protection, this could happen again and again.
Earl Howe (Con)
I am grateful to the noble Baroness for giving way. It might be helpful if I write her a letter to follow up this debate, picking up some of her points, now and in her opening speech, that I may not have picked up in my response.
Baroness Young of Old Scone (Lab)
I thank the Minister for that, and I look forward to his letter. I beg leave to withdraw the amendment.
The Lord Bishop of St Edmundsbury and Ipswich
My Lords, I too add my support for the amendment from the noble Baroness, Lady Young, and pay tribute to the work she has done in this area. I declare an interest as someone who grows trees and has contributed to the green canopy project in Suffolk. We managed to plant 1.3 million trees under that auspice, which was more than a third of the national total. We were completely committed through various networks of people to this and, indeed, to the preservation of ancient woodlands.
Two things have struck on listening to the discussion of the various amendments on this issue. First, I was struck by the statement from the noble Baroness, Lady Young, about the presumption of retention. That led me to think that there are some underlying principles which might join up our planning, environmental aims and building aims, where clearly things are in conflict. If we could establish some overarching principles, we might be able to work more closely together on achieving what we all desire. A specific example concerning ancient woodlands is Hintlesham Woods in Suffolk. which was under threat from the National Grid, which was going to put pylons across it. Working together, the Suffolk Wildlife Trust, the Woodland Trust and the RSPB engaged in a process whereby the National Grid had the consultation it should have had and shifted the route, so that it bypassed the woodland and the woodland was saved. That would have happened as a matter of course if the presumption for consultation had been enshrined.
I fully support this amendment, because we need to ramp up the protection for trees across all these areas for the sake of our environment, and to do so in consultation with our planning aims and environmental aims.
Earl Howe (Con)
My Lords, Amendment 300 in the name of the noble Baroness, Lady Young of Old Scone, would require within three months of the Bill achieving Royal assent the implementation of the Government’s commitment to amend the Town and Country Planning (Consultation) (England) Direction 2021 so that local planning authorities must consult the Secretary of State if they want to grant planning permission for developments affecting ancient woodland. Let me first make clear to the noble Baroness and to all noble Lords who have spoken that we are committed to reviewing the direction to require authorities to refer applications if they are minded to grant permission for developments affecting ancient woodland.
As the noble Baroness knows, the direction is a strategic tool aimed at ensuring the right applications are captured. Noble Lords will be aware of consultation which has taken place recently on changes to the National Planning Policy Framework, which I mentioned earlier. It may be helpful for context if I say that there are other requests being made for inclusion in the direction. We really need to amend it in a managed way, capturing all the issues to provide clarity and stability to authorities, developers and others.
The noble Baroness is a resolute campaigner on these issues, and, indeed, referred to herself “banging on” about them in the House last year. She does so extremely effectively and long may that last, but in this instance I cannot give my support to the hard deadline she seeks, as it is important that the direction be updated in a coherent and managed way. I realise I am asking the noble Baroness to be patient for a while longer, but I hope she will be content to withdraw her amendment on that basis.
Baroness Young of Old Scone (Lab)
I thank noble Lords for the support they have shown for this amendment. We have to remember that less than 2% of ancient woodland remains in this country. We are right on the brink, being down to such a small number of fragments that are, in many cases, increasingly unviable, so it is a real and pressing issue. The Minister has asked me to have patience. I am glad he was able to restate the commitment to the amendment to the direction, but my attitude to being asked to be patient will depend on how long that patience has to last. I wonder whether he can say how long it will have to last, because it has lasted now for a year and a half. If it were another year and half, I think I might have run out of patience. I do not know if I can press him now to say when the amendment might emerge. I very rarely read in Hansard how wonderful the Government have been, but I would commit to saying how wonderful they are if the Minister can tell us when this change to the direction might happen.
Earl Howe (Con)
My Lords, nothing would give me greater satisfaction than to be able to tell the noble Baroness but, having asked this question myself, I fear I cannot give a definite timescale at the moment. I am sorry for that.
Baroness Young of Old Scone (Lab)
On that basis, I do not think I can guarantee not to come back on Report with something on this, but in the meantime, I beg leave to withdraw the amendment.
Baroness Twycross (Lab)
My Lords, I declare an interest as London’s Deputy Mayor for Fire and Resilience and chair of the London Resilience Forum. I just want to say, briefly, that I completely agree with my noble friend Lord Kennedy, particularly on Amendment 504E. I got quite excited when he showed it to me. If an amendment can be described as exciting, this one would match that criterion.
An office for risk and resilience would provide a focus and play an invaluable part in ensuring that this country is better prepared to deal with the many risks we face, not least in relation to climate change. If we need to do anything through this legislation, it is to ensure that the buildings and infrastructure being built now are still fit for purpose in a decade, two decades or 50 years’ time. At the moment, we cannot guarantee that this is the case. We should note that resilience is particularly relevant to the concept of levelling up, as inevitably those individuals or institutions with better resources are inherently more resilient. I urge the Minister and the Government to consider this amendment seriously.
Earl Howe (Con)
My Lords, this group of amendments concerns chief planning officers, local authority resources and capacity, and risk and resilience. I welcome the discussion that has taken place on these important issues.
Amendment 312B, in the name of the noble Baroness, Lady Taylor, and spoken to by the noble Lord, Lord Kennedy, would require the Secretary of State to publish guidance for local authorities on the appointment of chief planning officers. I assure noble Lords that the Government recognise the importance of effective leadership in local planning authorities—someone who can raise the profile of planning in local government, drive a strong vision for what places aspire to and ensure that this is integrated across council functions.
However, to do this effectively we need a flexible approach that recognises the circumstances of individual authorities. In that context, issuing guidance for all local planning authorities on the appointment of chief planning officers would be undesirable. Instead, we would encourage local authorities to fill these leadership roles in a way that best suits their approach to tackling their areas’ challenges and priorities.
Our approach is in keeping with the existing legislative framework. Excluding a select number of statutory posts, Section 112 of the Local Government Act 1972 allows an authority to
“appoint such officers as they think necessary for the proper discharge by the authority”
of its functions and for carrying out commitments on behalf of other authorities. That is surely right; it should be a matter for their discretion. Having said that, I shall refer in a moment to the wider programme of support that we are developing to ensure that local planning authorities have the skills and capacity that they need to create better places and provide a good service to applicants.