12 Earl of Clancarty debates involving the Ministry of Housing, Communities and Local Government

Mon 7th Oct 2024
Thu 18th May 2023
Tue 28th Jul 2020
Tue 14th Jul 2020
Business and Planning Bill
Lords Chamber

Committee stage:Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Mon 13th Jul 2020
Business and Planning Bill
Lords Chamber

Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Committee stage

European Union

Earl of Clancarty Excerpts
Monday 7th October 2024

(2 months, 2 weeks ago)

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Baroness Twycross Portrait Baroness Twycross (Lab)
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I will take the proposal back to the department.

Earl of Clancarty Portrait The Earl of Clancarty (CB)
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My Lords, the Minister should agree that in the cultural area the UK should have much closer relations with the EU. Although the language has changed, we have not yet seen any action at all to address the specific concerns of the arts and creative industries. When will that happen? Every passing week represents lost opportunities and revenues for many artists and creatives who continue to face huge difficulties in Europe.

Baroness Twycross Portrait Baroness Twycross (Lab)
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There is a genuine commitment and determination from the Government to address this. I thank the noble Earl for his question on this point.

Spending Commitments to Local Councils

Earl of Clancarty Excerpts
Monday 22nd July 2024

(4 months, 4 weeks ago)

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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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Under the previous Government, 19 councils needed to seek additional support from the Government to balance their budgets for this year. This Government are committed to ensuring councils have the resources needed to provide those public services. We are already working closely with local government and other departments to understand the specific demand and cost pressures facing them. We urge any council experiencing financial difficulties to approach the department as early as possible so we can help work through a plan to resolve them.

Earl of Clancarty Portrait The Earl of Clancarty (CB)
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My Lords, councils have many demands placed on them, but a test of how effective the Government will be is whether they can reverse the cuts to cultural and leisure activities, including libraries. This is for the simple reason that they have usually been the first services to be cut.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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The noble Lord is a great champion of libraries, culture and arts in this Chamber. The severe pressure that local authority funding has come under in recent years has had a particular impact there. We will want to look closely at whether we can help alleviate those pressures. Libraries provide such a fantastic resource for our communities, as do the leisure facilities that local authorities provide.

Local Government Finances

Earl of Clancarty Excerpts
Thursday 21st March 2024

(9 months ago)

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Earl of Clancarty Portrait The Earl of Clancarty (CB)
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My Lords, I thank the noble Lord, Lord Shipley, for the opportunity to speak in this debate. Like my noble friend Lady Bull, I will talk about the arts and cultural services.

A good place to start is by quoting the briefing that the Local Government Association provided for the debate in this House on the arts in the name of the noble Lord, Lord Bragg, on 1 February:

“Councils have a key role to play—they are the biggest public funders of culture, spending over £lbn a year and running a wide range of other services. They are also place shapers and have a convening and supporting role in setting the context in which the arts can flourish. The arts are discretionary, but councils invest because they see the value to local people”.


One could of course add, “when they have the funding to do so”. The quote is valuable because it describes the intricacy of the relationship between the arts and the local community. On the one hand, the arts are a good in themselves in many different ways—they are something that local people can take pride in, and they may have a national or international reputation—but, on the other, the arts are also inextricably bound up in the identity of a local area. They are or can be a part of the character of that community.

How should all these varied arts be funded? I believe they should continue to be funded primarily through local government funding. That is still the most efficient and comprehensive means by which we can fund the day-to-day activities of the arts and other cultural services: efficient because local governments are the experts in their areas, and comprehensive because every area of the country is covered by local government and therefore much better at levelling up than the patchiness of the levelling up fund, whose purpose in any case ought to be properly understood as additional to the core funding of local government.

The great tragedy of the last 14 years is that, not only for the arts, we have seen at least a partial dismantling of this inherently efficient and comprehensive system. The specific point about the arts in relation to the funding cuts, as the noble Lord, Lord Hall of Birkenhead, pointed out recently when interviewed by the Observer on these cuts, is that they have been a “canary in the mine”. The noble Lord said:

“What we learn in Birmingham will soon matter across the country”,


and we are seeing that in Hampshire, Nottinghamshire and many other councils. It is the arts and other cultural services such as libraries, community and leisure activities that have been the first to feel the effect of long-term cuts. Indeed, around seven years ago Nicholas Serota made the point that the biggest crisis in the arts was in local government funding. It was seven years ago too that we had a debate in this House on local government funding and the arts—for which the noble Lord, Lord Shipley, did the summing up for the Liberal Democrats—which was in effect a warning sign to the Government that, bleak as the picture was then, it was going to get bleaker unless the matter was addressed. As we know, it has not been addressed, with a cliff edge having been reached in some cases.

The Government have had all the warning signs, but the Secretary of State for DCMS, Lucy Frazer, recently gave an interview for the Stage in which she said:

“It’s disappointing when local authorities make decisions to cut the arts”.


What is of course far more disappointing is the refusal by this Government to take responsibility for a situation for which they are ultimately responsible. The evidence is in front of them: it is not about well-managed authorities or otherwise. It is always possible to pick out councils that can be understood as examples of good practice—or in some cases good fortune, as recipients of the levelling up fund—but that does not describe the overarching narrative across the country of decreasing funds and the cutting of services, and of the irreparable loss of infrastructure, including buildings, as others have referred to. It is this that Lucy Frazer and the rest of her Government refuse to acknowledge.

I applaud the Government for giving the arts and the creative industries such a prominent position in the Budget, and one hopes that prominence will continue. However, theatres, museums and orchestras will have a sense of relief, more than anything, that tax relief, which was originally increased to counter the effect of Covid on the arts, has been set permanently at a higher rate. That shows perhaps more than anything how much some organisations that have normally depended on local government funding have come to depend on what was originally a temporary measure.

Staying with the Budget, capital projects are welcomed and will not be turned down, but what the arts really need is that basic help with day-to-day funding for which local government has been key. As a colleague pointed out to me earlier in the week, the Budget is not a spending review.

I will touch on one other area, the nature of the arts themselves. It is impossible in this discussion not to bring in funding streams other than local government, such as the Arts Council, which has started to fund through the Let’s Create strategy much that would once have been funded by local government, such as community arts projects, side by side with professional arts and arts facilities. For a long time my worry has been where this leaves professional artists and performers. Both community arts and professional arts are important, but there is an increasing danger that the professional arts are being shut out. That needs to be addressed because it is happening due to local government cuts.

It has become clear that we do not have a strategy for the arts that includes local government funding. We need more joined-up thinking, including between DCMS and the Department for Levelling Up, Housing and Communities. On funding of the arts overall, we are still moving in the wrong direction. I understand that the Arts Council has been asked how it can now make further savings of 5%. This makes no sense. As the LGA says:

“Public funding is an essential part of the ecology of the arts and culture in the UK”.


The Arts Council found that in 2020, for every £1 generated in the arts and culture, an additional £1.23 gross value was generated in the wider economy. Our arts and creative industries are the growth area in this country. They stimulate growth, as my noble friend Lady Bull pointed out. It is high time we reinvested in them, not least at the hugely significant local government level.

Earl of Clancarty Portrait The Earl of Clancarty (CB)
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My Lords, I support Amendment 387 in the name of the noble Lord, Lord Randall of Uxbridge.

This is not an area I usually speak on, and I apologise for not having spoken at Second Reading. I am prompted to speak for two reasons. The first is that I live in a national park—which is not so unusual, given that national parks account for 10% of the land in England; many colleagues will live in or near national parks. The second prompt was the very concerned letter that Trevor Beattie, CEO of the South Downs National Park—the newest national park, where I live—wrote to the Guardian in November last year, following the reporting of the 40% cut in real terms in government funding to England’s national parks in the last 10 years. I found this quite shocking, particularly considering current environmental concerns, and I asked an Oral Question on this back in January.

On the amendment in the name of the noble Lord, Lord Randall of Uxbridge, I am grateful for the helpful briefings from National Parks England and the Campaign for National Parks. I thank Trevor Beattie, South Downs chair Vanessa Rowlands and the rest of their excellent team for the morning I spent in Midhurst last week hearing about the work they do, as well as their ambitions for the future. I very much stress “ambition”. Other noble Lords have provided the technical detail but my argument is really a simple one of principle, or ambition, being turned to practical effect. If we believe that the national parks and other protected spaces are to be considered key resources in the fight against climate change and for nature recovery—not just conservation but recovery and biodiversity—they should be given as many tools as is required to be as effective as possible in these significant and urgent ambitions. Certainly, from my visit to Midhurst there is no doubting the expertise and dynamism of those who work for the parks, and these are measures that they would like to see in place and on a firm legislative footing.

It is clear that we live in a world now with quite different perceptions about nature and our relationship to it than the one that existed when the national parks were set up in 1949, when neither climate change nor biodiversity were concerns, let alone truly urgent ones, and the public have certainly become more aware of the issues and the need address them. The parks ought then to be afforded the legal powers commensurate with our modern understanding of the issues involved. National parks are special places. Almost 30% of the area of national parks is recognised as internationally important for wildlife.

Having said that, it is true of course that the fight against climate change and for nature recovery is a global one without any respect for borders, particularly in the case of climate change. One of the important phrases I heard last week was “permeability”, the importance of the borders and parks being permeable—that people, particularly children from all backgrounds, be encouraged to come into the parks. Another was “taking nature to your doorstep”, which links with what the noble Lord, Lord Lucas, was saying: that outside a park, there is movement in both directions because nature, or indeed environmental concerns, as I said, do not stop at the borders of the park. It seems that all this is about the NPAs having a strong voice that resonates both inside and outside their boundaries. Of course, access is not just about enjoying the parks for their own sake or in the interest of well-being, important though these aspects are. There is an immense educational value here too that needs to be tapped. So, maximising access to protected landscapes should play a significant role in levelling up.

UK Community Renewal Fund

Earl of Clancarty Excerpts
Wednesday 8th December 2021

(3 years ago)

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Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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The UK community renewal fund will ultimately be financed by the taxpayer, although it is the successor to the EU structural funds. It is important to test things out with the community renewal fund, so that we get it right when we introduce the shared prosperity fund, which will be worth over £2.6 billion over the next three years.

Earl of Clancarty Portrait The Earl of Clancarty (CB)
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My Lords, I worry that the Government are not addressing what community renewal means in its wider, profounder sense. This funding, welcome as it is to those who receive it, is taking place against the reality of councils, particularly in deprived areas, that are so starved of money that they are contemplating selling off important community assets such as theatres and children’s centres. Will the Government look more carefully at the meaning of community, rather than seeing it solely as new build and private enterprise?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I should probably declare my commercial interests before I answer the question. The reality is that local government has had a pretty generous settlement. The core spending power has increased.

Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021

Earl of Clancarty Excerpts
Thursday 8th July 2021

(3 years, 5 months ago)

Grand Committee
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Earl of Clancarty Portrait The Earl of Clancarty (CB)
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My Lords, last year in the debate on this in this House, I said that I was very much in favour of this measure, and I am in favour again of a year’s extension, not only for the businesses themselves but because extending bars and restaurants on to the street, even if temporarily, generally represents an enhancement of our public space by increasing the sharing of public space. In a sense, it is good for the vitality of our high streets.

However, although the measure clearly is good for the businesses concerned, particularly during the pandemic, as is the intention of the regulations, the question must be: how have communities reacted as a whole, including non-smokers and the disabled? Have the Government made a formal overall assessment of the effect of this measure? Will they do so? The local authorities are making these decisions, but these are two separate things.

I am in favour of the shared space principle which hovers in the background of this. It is not directly a debate on shared space but I miss the wisdom of Hans Monderman, who died too young at the age of 62, 13 years ago. Others have carried his work forward, but it would be interesting to know how he would have dealt with today’s concerns of the blind and partially sighted in this and other instances. His guiding principle was negotiation between users in the space itself, which of course makes the solution to the organisation of space particularly challenging when some users cannot rely on visual clues. A shared space is not properly a shared space unless it can be shared by all. The space that a blind person has been used to will get altered at certain times if part of a pavement is used by, for example, a bar or restaurant. It will then be important for that space used to be geographically predictable on a day-to-day basis, the territory precisely marked out, to a few inches at the most. It is not just about there being enough space for all pedestrians, including the disabled, to negotiate or navigate without having to walk into the road.

I made a suggestion to the Minister last year, to which he was receptive, that areas could be marked in their corners by fairly sturdy objects such as square plant boxes, and I am glad to see that this has been included in the guidance. The predictability of these spaces on a day-to-day basis will be respectful to use of the whole space for all pedestrians. Councils have gone further, pedestrianising some streets, at least on a temporary basis, to allow greater pavement space for businesses, but here, too, there must be clearly understood and reproducible routes for pedestrians. This might mean a route between one obstacle of one business and an obstacle of another when there is no obvious edge of a footway. Do the Government intend to update the guidance? I am not sure that some of these points are emphasised enough in the current guidance.

Devolution in England

Earl of Clancarty Excerpts
Tuesday 22nd September 2020

(4 years, 2 months ago)

Lords Chamber
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Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I will write to the noble Baroness on the latest update on progress on that front.

Earl of Clancarty Portrait The Earl of Clancarty (CB) [V]
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My Lords, this is understood as a political and economic matter, as we have heard, but does the Minister agree that there is a significant cultural dimension, not least because our various institutions are seen as a devolutionary tool, moving the Lords being just the latest idea? Should not the regions be enabled to build on their own culture, which will happen in the fullest sense only if our cities and regions have real power and are represented at the national level, rather than being subjected to a form of London colonialism?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I recognise the importance of enabling local leadership to drive forward the cultural agenda of particular places and I am sure that that will be discussed more fully in the forthcoming White Paper.

Planning Rules

Earl of Clancarty Excerpts
Tuesday 28th July 2020

(4 years, 4 months ago)

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Lord Greenhalgh Portrait Lord Greenhalgh
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My Lords, I point out that the National Planning Policy Framework is clear that local planning authorities are expected to identify all types of housing, including the housing outlined by the noble Baroness.

Earl of Clancarty Portrait The Earl of Clancarty (CB) [V]
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My Lords, what guarantees can the Minister give that we will not lose to commercial development buildings used, or empty buildings that might be used, for arts and cultural purposes at a time when those activities are extremely vulnerable? That is so important for communities and the country.

Lord Greenhalgh Portrait Lord Greenhalgh
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My Lords, certain uses—such as theatres, pubs and other venues—are protected in the planning rules. This will continue to ensure that we have entirely the sorts of uses that the noble Lord is seeking to protect.

Business and Planning Bill

Earl of Clancarty Excerpts
Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020

(4 years, 5 months ago)

Lords Chamber
Read Full debate Business and Planning Act 2020 View all Business and Planning Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-I Marshalled list for Committee - (8 Jul 2020)
Lord Clement-Jones Portrait Lord Clement-Jones (LD) [V]
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My Lords, I strongly support Amendment 51 in the name of the noble Lord, Lord Hunt. As a result of lockdown, many theatre and music venues are struggling. The Royal Exchange Theatre in Manchester has announced significant job losses, while the Nuffield Southampton Theatres will close for good. Cameron Mackintosh, the producer of “Les Misérables” and owner of eight West End venues, said that many theatres cannot open until 2021 and that, even under one metre-plus, theatres will need to accept significant reductions in audience numbers.

We all welcome the £1.5 billion of funding for the arts, culture and heritage sectors announced last week, but our producers, directors and artists want to get back to work entertaining the public. Now that the phases for reopening are coupled with a clear timetable, I hope that help with insurance to protect against financial loss from any future lockdowns will be available. There is also uncertainty among theatres not funded by the Arts Council about their ability to benefit from the new funding. We must now include creative sector workers, who have been excluded from government support schemes so far.

The announcement last week by the Secretary of State, Oliver Dowden, that performing arts could take place outdoors from last Saturday, with a socially distanced audience present, is extremely welcome. However, now we need to will the means for theatre, opera, dance and music to be widely resumed, if outdoors for the present. Robert Hastie, the artistic director of Sheffield Theatres, is quoted as hoping to create open-air Shakespeare pieces,

“taking live performance out of the building and into the city. Shakespeare was written to be performed outside.”

He said:

“Until we can get people together in a space confidently—with large enough groups of people to make the numbers add up—we won’t be out of the woods, but imagination and a proper action plan will keep us going.”


This proposed new clause would play entirely into that action plan. It would enable socially distanced outdoor performances by actors and musicians, in a variety of new spaces beyond existing outdoor venues. We have a world-renowned, distinctive British talent in drama, comedy and music. The noble Lord, Lord Hunt, mentioned outdoor opera at Glyndebourne and plays at Cornwall’s Minack Theatre but, as he says, there is a lack of existing outdoor spaces for live performance across the UK. Our creative artists, actors and writers will seize every opportunity they can to perform. We need to allow them to do so wherever we can; this amendment offers them an important route for that.

Earl of Clancarty Portrait The Earl of Clancarty (CB) [V]
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I strongly support this amendment. I suspect we will hear from the Minister that, with venues opening up and putting on live performances, this amendment is unnecessary. From looking at the Government guidelines for stage three of the road map, this seems to be the case, although I take the point of the noble Lord, Lord Hunt, that there should be legislative underpinning.

We heard immediately about the intentions of purpose-built venues such as the Minack Theatre, as mentioned by the noble Baroness, Lady Anelay. I have read that Sheffield Theatres is working with the council in mounting outdoor performances, but could council help also apply to pub theatres? The performing arts will be one of the last sectors that can open properly—if not the last—because of social distancing problems. Within safe limits and with local good will, we need to encourage as many opportunities as possible for paid outdoor live performances. Much of the summer is still left and this will all help the hospitality sector, which we discussed at length yesterday.

Venues take in everything from Glyndebourne and Shakespeare’s Globe to live music clubs in cities, with no outdoor facilities, which would benefit from the help of the local council in mounting a late summer season at a suitable outdoor location. One of the big problems for the performing arts in this crisis is that the great majority of performers, actors and musicians—[Inaudible]—bands and dance companies. Performances managed by a local council would extend the number of performers who would start being paid, which is what we need. Helping venues, great though it is, will not necessarily help all the artists who could be helped, but local councils being given carte blanche to work with performers and performing companies would be a step forward.

I suspect that much of this will turn on the feasibility of and the responsibilities for the Covid risk assessment. Some clarification on this from the Minister would be welcome. Perhaps the law against gatherings of more than 30 in private grounds needs to be relaxed to widen the choice of good outdoor venues.

The public have benefited tremendously in the last few months from free performances online and sometimes in the street. It is now time that performers, just like those working in the hospitality sector, which we discussed yesterday, should start to be remunerated properly for their work, even if this will still be only a minority.

Baroness Bowles of Berkhamsted Portrait Baroness Bowles of Berkhamsted (LD) [V]
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My Lords, I support Amendment 51 and thank the noble Lord, Lord Hunt, for tabling it. I agree with what he and all other noble Lords have said. The noble Lord reminded us that the performing arts are about education and stimulation, and are a balm for our souls—I guess we need that now—as well as for the economy. There is clearly a strong case to help the entertainment industry where that can be done safely. There are good links between this amendment and other matters in the Bill, such as the role of local authorities in giving permissions for new venues, and the fact that many pubs and hotels also support and are venues for live entertainment, especially for freelancers.

Various open spaces are regularly used for entertainment. Like all other noble Lords, it appears, I have strong connections with the Minack, having spent many teenage summers literally just up the road. However, there are many other spaces where it might be necessary to obtain permission from the local authority. I would like to know whether such permissions could be achieved more rapidly. I know that the usual ones are already in my local area, because we regularly have summer outdoor Shakespeare plays, but I imagine that more venues will be needed, not least because you cannot fit quite so many people when audience seating has to be socially distanced.

There must be many other entertainments that are not so threatening in terms of the aerosol effects that cause concern. I am sure that a string ensemble is not quite so threatening, or musical soloists. They could fit into smaller spaces, including pub gardens. We also have some excellent mime performances locally. Nothing compensates for the loss of theatres and concert halls, but surely that is all the more reason to be as permissive and inventive as possible to help the performing arts survive with open-air performance until indoor performances can recommence.

Business and Planning Bill

Earl of Clancarty Excerpts
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020

(4 years, 5 months ago)

Lords Chamber
Read Full debate Business and Planning Act 2020 View all Business and Planning Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-I Marshalled list for Committee - (8 Jul 2020)
Lord Naseby Portrait Lord Naseby (Con) [V]
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My Lords, I very much support the Bill and admire Her Majesty’s Government for pushing it forward. I say particular thanks to my noble friend Lord Howe, who wrote me a letter about new towns.

I will speak in favour of Amendment 2. I say to my noble friend that for five years of my life I lived opposite a pub, and if you live opposite, adjacent to or close to a pub you expect noise on Fridays and Saturdays, so there is nothing new about that in relation to the Bill. That point should be considered.

I say to my dear noble friends, Lord Holmes and Lord Blencathra, who is my roommate, well done because they have made people think. But, frankly, the average publican will think. He or she is aware of the disabled and of wheelchairs. Maybe they need reminding, and Amendment 2 does that, but for heaven’s sake, this is only a temporary Bill. The only point I would make to my noble friend the Minister is, why do we not review this after six months? After all, the real point of the Bill is the next six months; particularly the summer and autumn. It would be more sensible to review it towards the end of this year, around December, in readiness for next year. The need is self-evident. I support the amendment and wish my Front Bench all possible success with the Bill.

Earl of Clancarty Portrait The Earl of Clancarty (CB) [V]
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My Lords, I support pavement licences not only for the purposes of the Bill but because, as I said at Second Reading, they have the potential to help knit together communities. But there must—“must” is the operative word—be access for all pavement users. Otherwise, our pavements are not a shared space in the wider sense of the term.

Anyone who knows Berlin and smaller towns in various countries on the continent will see how well this can work. As a pedestrian in Berlin, I do not recall ever having to walk around tables and chairs, which is an important point. The scheme is not working if you cannot walk down the centre of the payment, and where the pavement is wide enough, there is no reason why café furniture cannot be split into two sections so that it can be right up against the road or fence between for safety.

I am sure that there is a whole art to this, but things such as large wooden tubs with flowers and large umbrellas marking the corners of the café territory can give the area a structure that is both open and rigid, so that pedestrians know precisely where they can walk on a predictable, routine basis. That is extremely important, particularly in the context of the amendment in the name of my noble friend Lord Low. You should be able to walk down a pavement and know precisely where you will be walking on different days.

Lord McConnell of Glenscorrodale Portrait Lord McConnell of Glenscorrodale (Lab)
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My Lords, I had the pleasure yesterday afternoon of my first meal out since before the lockdown, at the fabulous Drift Inn in Lamlash, on the Isle of Arran. The young proprietors and members of staff there had been looking forward to their first full spring and summer, with tourists and locals enjoying their hospitality. Of course, the business has had to stand still for several months. For them and so many others, small businesses in particular, I welcomed the Bill last week and I welcome it again today. I hope that, beyond England and elsewhere in the United Kingdom, there will be a bit more enthusiasm for supporting these businesses to get safely back on the rails over the coming weeks and months.

Turning to the amendments, I counsel the Government not to go against the grain when pushing through the Bill and the important powers it will enable. The Government themselves have spoken about building back better after the lockdown and Covid-19. There have been many negatives and terrible impacts of Covid-19 and the lockdown over recent months, but for those of us lucky enough to have had the opportunity to leave our homes, at times it has also been a pleasure to reclaim our streets and parks for walks or runs and relaxation. Many people have commented on that.

On the issue of off-sales, which I mentioned last week and which will come up later in Committee, I think it would be wrong for those to become too readily available in a society where they are already far too readily available. That is a major mistake. Also, we cannot talk about “building back better” if we leave people out of the equation. Without the amendment so ably introduced by the noble Lord, Lord Holmes of Richmond, whose introduction to this group was excellent, and without the consultation that was so well described by my noble friend Lord Harris, we will be, yes, rightly encouraging businesses to become entrepreneurial in this new environment and encouraging customers to go out and enjoy the hospitality of those businesses, but if we do that to the exclusion of sections of our society, whether they are there as customers or are just passing by, that will be a terrible error. We should leave no one behind as we emerge from this lockdown period.

I urge the Government not to go ahead with the Bill in its current form just because it has been through the House of Commons and because it was drafted by Ministers and officials before these debates but to listen to the debates and make the changes. They will get a much stronger welcome in the country for the Bill when enacted, and it will be more successful as a result, if it involves everybody and does not leave anybody behind.

--- Later in debate ---
Lord Lucas Portrait Lord Lucas [V]
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My Lords, I am delighted to support this amendment. I hope the Government will consider allowing councils considerable freedom as to what land they allow premises to use, obviously subject to the permission of the council and the landholder. If you look at a rather complicated town such as Eastbourne, there are few places where you can use the pavement, but not that far away there may well be spaces you could allow a premises to use. It gets quite difficult to negotiate the Bill as it is written, but with a bit more freedom for a local council to apply common sense to where they are prepared to allow tables to be put, we could get to a useful outcome. I encourage my noble friend to look at widening the scope of the permissions that the council is allowed to give so that we can find within the confines of a convoluted town the space that our businesses need.

Earl of Clancarty Portrait The Earl of Clancarty [V]
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My Lords, I will be very brief indeed. I support the amendment from the noble Baroness, Lady Bowles. It seems a matter of common sense that, certainly in the shorter term, there might be a need to use other spaces. The LGA supports such measures, and I hope the Government take notice and clarify the position.

Baroness Thornhill Portrait Baroness Thornhill (LD) [V]
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My Lords, I support my noble friend Lady Bowles of Berkhamsted’s Amendment 24. Her speech shows that there is much confusion around aspects of the licensing laws. This is also abundantly clear from contributions by other noble Lords today, which is why I echo what the noble Baroness, Lady Kennedy of Cradley, said at Second Reading: a review of our licensing laws is long overdue.

It seems very likely that there will be areas not currently within the so-called red lines of the licence that may be better used for external drinking than the obvious pavement areas, for reasons outlined by the previous speakers. I absolutely agree with the noble Lord, Lord Lucas, that local authorities, which know their area, pubs and landlords best, should have maximum flexibility.

This amendment seeks to expand the opportunities for creating such outdoor spaces. For example, can the Minister clarify whether councils can license parking bays that have been suspended—naturally, subject to safety and local considerations, as always? This would enable businesses to take advantage of pavement licences that they otherwise would not be able to because of the limited width of the pavement, for example. Can the Minister also clarify whether new pavement licences are exempt from the public space protection orders in the same way that licences under the Highways Act 1980 are—or are the powers already there but not explicit, in which case can guidance be amended?

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Baroness Anelay of St Johns Portrait Baroness Anelay of St Johns (Con) [V]
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My Lords, Amendment 42 stands in my name on the Marshalled List and I am grateful to the noble Earl, Lord Clancarty, for adding his name in support. I strongly support the Bill and hope that it reaches the statute book quickly, and without too much difficulty next week on Report.

My proposed new clause would ensure that there is a review to examine the effect of the Bill’s proposals for the tourism and hospitality sector through to the end of January 2021. They would be compared with other measures, such as extending the furlough scheme, the grants currently available, and the assistance to the sector announced by the Chancellor of the Exchequer just last Wednesday. My objective, however, is to probe how and when the Government plan to review the operation of these proposals in a manner which facilitates proper parliamentary scrutiny.

The Government have moved quickly over the past few weeks to extend support for the hospitality and tourism industry beyond the end of October, when much of the support for wider areas of the economy will either end or be amended. I therefore welcome the Government’s policy paper Plan for Jobs, which recognises that:

“Pubs, restaurants, cafés, and bars are mainstays of the nation’s high street … while the accommodation sector ensures that visitors can enjoy the sights, experiences and attractions the country has to offer.”


The paper acknowledges that they have

“been among the hardest hit by the pandemic and necessary restrictions.”

It is clear that the tourism and hospitality industry has planned carefully to welcome visitors back as quickly but as safely as possible in these pandemic times. They have invested in and installed Covid-19 sanitary and distancing practices, but some businesses have indicated that they simply will not be able to reopen in time to benefit from the summer season.

The added challenge the sector faces is that, in many parts of the country, tourism and hospitality sectors operate on a seasonal basis. My family holidays are to Cornwall in the summer and sometimes in the winter, and I have seen the severity of the impact on businesses, at the end of the summer season, across that beautiful county. Hotels mostly remain open in some of the major resorts, but there tends to be strong competition for their winter visitors and they struggle even to cover their overheads. The impact of Covid-19 is set to make that even worse.

Some major events have already been cancelled this summer and that will affect local economies at what should be their best money-making time. To give just one example, the Tour of Britain cycle race was due to start in Penzance in Cornwall, in September, but has been postponed until September next year. That event would have given a major boost to the tourism industry across the whole county.

We all fervently hope that there is not going to be a second spike of Covid-19, but we have also seen reports that medical experts believe there is likely to be one during winter. The potential impact on tourism and hospitality should be considered when the Government prepare policy initiatives throughout the rest of this year.

In selecting the date of 31 January 2021, by which the Secretary of State would be required to lay a report before Parliament, I had regard to the following factors. It would cover the winter season, including the partial increase in visitor numbers over Christmas and the new year. It would also cover the period of support that the Government have already promised. It would also be as light touch as possible, since it requires one report six months after this month. I beg to move.

Earl of Clancarty Portrait The Earl of Clancarty [V]
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My Lords, I support the amendment of the noble Baroness, Lady Anelay, and I also support the amendment of the noble Lord, Lord Kennedy. The amendment of the noble Baroness, Lady Anelay, would enable us to take a wider and longer-term view, beyond the narrow confines of the Bill. It is important that a careful eye is kept on the hospitality sector, particularly its workforce. Worryingly, we are now hearing of job losses, which will surely increase if the furlough and self-employed schemes end before tourism can properly get going again. It is worth noting that the self-employed are becoming an ever more significant component of the workforce in the hospitality sector.

The noble Baroness, Lady Anelay, talked about Cornwall. My wife and daughter are intending to go to Cornwall for a week, next weekend. It will be the first time anyone has made a serious move outside our house for a long time. I am staying home to be near the Lords Chamber, aka our repurposed front room. I do not think my family want the Lords down in Cornwall for the week but, as for anyone taking a holiday anywhere this summer, these decisions could be changed at a moment’s notice, because of the fear of a local lockdown or even a second wave that affects much of the country. Areas such as Cornwall, which have not been hit badly, will nevertheless be on tenterhooks. They do not want the virus of course, but they need the tourism.

The noble Baroness also mentioned events. My family was also looking at whether it would be possible to visit the Minack Theatre, which is one of the venues around the country that is starting to open. They will be back home before Tate St Ives opens on 27 July. Opening dates and whether events happen will, for some, affect whether a trip to Cornwall or anywhere else is viable. Arts and cultural events, alongside the hospitality sector, are hugely important to tourism and, with hospitality, form a whole commercial ecosystem significant apart from its cultural value. The Plan for Jobs, referred to by the noble Baroness, Lady Anelay, does not recognise this ecosystem.

As the noble Lord, Lord Cormack, pointed out at Second Reading, tourists from abroad come here primarily for our arts and heritage, but of course they book into hotels and go out for dinner as well. We will be discussing the arts later with regard to the amendment tabled by the noble Lord, Lord Hunt of Wirral, but do the Government intend to introduce analogous regulations for the arts along with perhaps some creative temporary measures as that sector opens up? In terms of these amendments, every part of the wider ecology will contribute to successful tourism when it gets going properly again, so in this respect it needs to be understood that the whole is greater than the parts.

Lord Russell of Liverpool Portrait The Deputy Chairman of Committees
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The noble Baroness, Lady Neville-Rolfe, has withdrawn from the list so I now call the noble Baroness, Lady Doocey.