Working Arrangements: Local Government
Lee Rowley Excerpts(2 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
I would like to update the House on the Government’s position regarding the small number of councils currently experimenting, or proposing to experiment, with the use of four-day working weeks within local government.
Local councils play a pivotal role in the delivery of core public services and in the regeneration of their communities. The sector has a deserved reputation for effectiveness in much of its delivery and in having improved its efficiency over the last decade. Local government’s continued ability to find new, more effective and efficient ways to discharge their responsibilities and to deliver high-quality services for their residents has been a vital part of our mission to repair the nation’s finances since 2010.
The reputation of local government, however, is being impacted by the ideological experimentation of a small number of councils that are attempting to suggest that the removal of 20% of their workforce’s productive capacity can, somehow, result in increased overall corporate output. Asking the taxpayer to shoulder the full-time expense for part-time hours by deleting 20% of the working week is not compatible with a council’s requirement to demonstrate value for money.
In normal circumstances, the Government of course respect the right of councils to make their own decisions on key issues. There are also times, however, when the Government deem it proportionate to step in to ensure that residents’ value for money is protected. The issue of the four-day working week is one of those times.
As a result, today I am publishing clear guidance setting out the Department’s expectations for local authorities in England that are considering adopting a four-day working week or that have done so already. This guidance makes it clear that the Government do not support a four-day working week and do not expect councils to adopt this arrangement. This guidance will support councils in discharging their duties and to ensure that they maintain their work to continuously improve and demonstrate best value.
The Government are being extremely clear that they do not support the adoption of the four-day working week within the local government sector. Local authorities that are considering adopting it should not do so. Those that have adopted it already should end this practice immediately. Those councils who continue to disregard this guidance are now on notice that the Government will take necessary steps in the coming months ahead to ensure that this practice is ended within local government.
A copy of the four-day working week guidance will be placed in the Libraries of both Houses.
[HCWS1099]
Non-Domestic Rating Bill
Lee Rowley ExcerptsWednesday 25th October 2023
(2 years, 10 months ago)
Commons ChamberRead Full debate Non-Domestic Rating Act 2023 View all Non-Domestic Rating Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 140-R-I Marshalled list for Report - (15 Sep 2023)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
I beg to move, That this House agrees with Lords amendment 1.
Mr Deputy Speaker
With this it will be convenient to discuss Lords amendments 2 and 3.
Lee Rowley
It is a pleasure to return this Bill to this place after its positive reception, both here initially and in the other place more recently. Reforming business rates was a manifesto commitment, and having concluded our review of rates, the Bill seeks to deliver a fairer and more effective business rates system.
The amendments that the Government invite the House to support today are minor and do not change the policy intentions of the Bill, which we have debated before in this place. Two amendments deal with the penalties regime for the new duty on ratepayers in clause 13—they are designed to ensure that the penalties system is fairer—and the third is a minor and technical amendment that removes some obsolete wording as a result of another part of the Bill. I will deal with each amendment briefly.
Lords amendment 1 concerns the civil penalties that the Valuation Office Agency can apply if ratepayers do not provide information under the duty. These include an additional daily penalty of £60, which may only be applied if a ratepayer persistently fails to meet their obligations following an initial penalty notice. The Government have listened to the views of the experts in the other place and agreed to create an additional safeguard for ratepayers by capping the financial value of penalties that can be imposed under this provision. Daily penalties will be capped at £1,800, equivalent to 30 days’ worth of penalties. This change will also bring the valuation duty in line with the separate duty to provide His Majesty’s Revenue and Customs with a taxpayer reference number, for which a cap on penalties is already in place.
Lords amendment 2 concerns the penalty for the criminal offence of knowingly or recklessly making a false statement, an offence that is subject to higher penalties than simply failing to comply. The Bill prescribes that for a higher penalty to be applied, the VOA must be satisfied beyond reasonable doubt that the ratepayer has made the false statement knowingly or recklessly. Having reflected, we have recognised that we need to apply the same burden of proof to the procedure on appeal. The amendment therefore provides that the valuation tribunal must remit a penalty unless it is satisfied beyond reasonable doubt that the ratepayer has knowingly or recklessly made a false statement. This provides additional protection for ratepayers.
Finally, Lords amendment 3 is a minor and technical change to the Local Government Finance Act 1988, as a consequential effect of the provisions in the Bill concerning business rates multipliers. This is simply a drafting correction to improve the clarity of the statute book, and the Government do not foresee any practical effect.
The Government invite the House to agree to three minor amendments that were unanimously supported in the other place. Lords amendments 1 and 2 refine and improve the compliance framework for the new information duty, and Lords amendment 3 is a minor consequential change to improve the clarity of the statute book. I commend them to the House.
Lee Rowley
I will not seek to detain the House for any more than a few seconds. I express my gratitude to the shadow Minister, the hon. Member for Ealing North (James Murray), for his constructive comments and his willingness to support the amendments, as well as for resisting the temptation to go over again some of the things we have talked about in previous iterations of this Bill.
I also thank my hon. Friend the Member for Waveney (Peter Aldous), who has been involved since the beginning. He has done the House a significant service in both reviewing the Bill and offering his comments during its passage. As he says, this is a significant change and one that I think everybody accepts is a big leap forward, particularly on the revaluation frequency moving from five to three years. While we are on the subject of late 1990s game shows, although in his view we have not yet finished this matter—I accept that we never finish—we are grateful for his “Mastermind” qualities in looking at this Bill over the past few months.
Lords amendment 1 agreed to.
Lords amendments 2 and 3 agreed to.
Economic Activity of Public Bodies (Overseas Matters) Bill (Programme) (No. 2)
Ordered,
That the Order of 3 July 2023 (Economic Activity of Public Bodies (Overseas Matters) Bill Programme) be varied as follows:
(1) Paragraphs (4) and (5) of the Order shall be omitted.
(2) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on the Motion for this Order.
(3) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—(Julie Marson.)
Oral Answers to Questions
Lee Rowley Excerpts(2 years, 10 months ago)
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Vicky Foxcroft (Lewisham, Deptford) (Lab)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
The Government expect those who have caused defects to step up to solve them. As the House is aware, 50 developers have now signed contracts to resolve cladding and non-cladding defects in more than 1,100 buildings. For other properties, the Government are making extensive taxpayer subsidy available to support cladding remediation, along with other mechanisms to pursue those who are responsible.
Janet Daby
Help for people living in under-11 metre buildings that have fire safety defects does not go far enough, because of the huge amount of money involved. One of my constituents has described her experience as a “never-ending nightmare”. Will the Minister bring that nightmare to an end for constituents such as mine who are forced to pay to fix the mistakes of others?
Lee Rowley
I am grateful to the hon. Lady for raising a specific question about under-11 metre properties. Every property, be it over or under 11 metres, needs a fire risk assessment, and I encourage her constituent to ensure that a fire risk appraisal of external walls is undertaken against that property. If the FRAEW indicates that extensive work is necessary, I would be happy to receive a copy of it and look into it personally in order to deal with this.
Vicky Foxcroft
I have written to the Minister about a constituent of mine who is a leaseholder living in an under-11 metre property and so is not protected by the Building Safety Act 2022. The cladding costs alone will be well over £100,000 and any non-cladding costs will be substantial. That is completely unaffordable for my constituent and it will bankrupt him. So when will the Minister provide a full update, which was promised to me back on 18 August?
Lee Rowley
As I say, if the hon. Lady wishes to raise the case of this individual building once again with me or talk to me separately outside, I will be happy to enable that. For every under-11 metre building we are made aware of as requiring additional remediation, we are going through and checking things, and compiling audits, where necessary, to get to the bottom of it. The Government strongly believe that under-11 metre buildings do not need extensive remediation, and we will be happy to talk more about any buildings where these issues have been raised.
Sir Julian Lewis (New Forest East) (Con)
Does the necessity for the Government to take that sort of action show the danger that leaseholders are under from the abuse of freeholders’ power? May I, through him, gently remind the Secretary of State of an assurance he gave me when talking about leasehold? He said:
“We need to end this feudal form of tenure and ensure individuals have the right to enjoy their own property fully.”—[Official Report, 20 February 2023; Vol. 728, c. 3.]
Is that still intended to be in the King’s Speech?
Lee Rowley
My right hon. Friend knows that I am not able to anticipate what will be in the King’s Speech. We are clear that, particularly with regard to remediation, some freeholders have stepped up and should be credited for doing so, but others have absolutely not done so. The Secretary of State and I will not hesitate to call out that activity where it occurs.
Bob Blackman (Harrow East) (Con)
I congratulate my hon. Friend on the action he and the Secretary of State are taking against developers that refuse to remediate tall buildings. What action will he now propose to take against developers that deliberately do not carry out this work and leave leaseholders with their lives in peril and potentially not able to sell or even insure their properties?
Lee Rowley
As my hon. Friend is aware, we are ensuring that developers uphold the promises they have made, through the developer contract and through the responsible actors scheme, which makes sure that if they fail to do so they could, in extremis, be banned from building in this country again. If there is any indication what he describes is occurring, we will be happy to take action and I will be happy to receive any information from him or others in the House.
Mike Amesbury (Weaver Vale) (Lab)
More than six years on from the Grenfell disaster, where 72 people lost their lives, Sam, a disabled resident in a Galliard Homes building, is one of the hundreds of thousands of people still trapped in buildings that have not been remediated. Is this the new “do nothing” approach from the Department to building safety that was highlighted in The Guardian today, an approach that forced the resignation of a senior civil servant from the Department?
Lee Rowley
I think that question is somewhat beneath the hon. Gentleman, but let me state clearly what the Government are doing. They have recognised that there is an issue and have legislated to resolve that. They are working extremely hard to ensure that developers are held to account for that, and over the past few months, they have had success in ensuring that that process takes place. Where developers are no longer around, they are also stepping up and making sure that the cladding defects are covered. Hundreds of buildings have concluded their remediation over recent months, which demonstrates the progress that is being made.
Stephen Metcalfe (South Basildon and East Thurrock) (Con)
Tom Hunt (Ipswich) (Con)
Over 200 of my constituents at the Mill development in Ipswich have been living in a cruel form of limbo for over 10 years. The building has deep cladding and structural problems. RSM, the administrator, could run out of money next March or April. My constituents fear that they could be turfed out of their homes. What steps are the Government taking to support my residents, give them clarity over their future, and come to a lasting settlement that funds the problems of the building and allows residents to move on with their lives?
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
Like my hon. Friend, the Department and the Government want to see a resolution to the Mill, which is complex and challenging. We accept the points that he makes. I look forward to continue meeting with him, and we will try to find a positive resolution.
Richard Foord (Tiverton and Honiton) (LD)
Oral Answers to Questions
Lee Rowley Excerpts(3 years, 1 month ago)
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Gareth Bacon (Orpington) (Con)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
We recognise that councils have faced challenges since covid, which is one of the reasons why we allocated billions more in subsidies to local authorities in the financial year 2023-24. Discussions on public spending often require hard choices and trade-offs on many worthy intentions, but we hope that the additional billions allocated demonstrate the Government’s commitment to local authorities.
Christian Wakeford
Council budgets have been impacted by huge costs due to covid and the triple whammy of increases in demand for services, fuel prices and inflation. The Minister will know that people are scared and running out of hope, so will he outline what support is available now to ensure that councils can still provide the vital services that people need?
Lee Rowley
As I outlined, we have allocated additional funds to local authorities in this financial year. It is also a statement of fact that a number of local authorities in England have increased reserves as a result of covid. In the last financial year, additional grant funding of nearly £7 million has gone to the hon. Gentleman’s local council, Bury Council, for adult social care.
Gareth Bacon
Does my hon. Friend share my view that one way to support local government finance and to reward well-performing local authorities such as Bromley Council would be to introduce multi-year funding settlements? Will he commission a review into the merits of this, so that local authorities can better plan for the future?
Lee Rowley
My hon. Friend is absolutely right. It is a testament to the good work of Bromley Council that he can demonstrate this and talk about it with knowledge and experience. Multi-year financial settlements are something that we all aspire to. One of the reasons we brought forward the policy statement for financial year 2024-25 was to ensure greater clarity for councils at the end of this spending review, and we hope to be able to return to multi-year settlements in future Parliaments.
Paula Barker (Liverpool, Wavertree) (Lab)
Discretionary housing payments administered by councils are a vital resource in staving off homelessness. The figures—£140 million in 2021-22, £100 million in 2022-23 and remaining flat for the next two years—show a £40 million cut and further cuts owing to increasing demand and inflationary pressures. Section 21 evictions are not slowing down, the number of households facing rent arrears is soaring and the number being forced into temporary accommodation is skyrocketing. The Department for Levelling Up, Housing and Communities has ultimate responsibility for homelessness, so when will Ministers at the Department tell their colleagues in the Treasury and the Department for Work and Pensions to wake up and smell the coffee?
Lee Rowley
One of the reasons why we have given local government additional funds in this financial year, as I just told the hon. Member for Bury South (Christian Wakeford), is precisely that we recognise that there are challenges. The Government have also allocated an additional £100 million for the most vulnerable households, to be administered through local authorities, which demonstrates the commitment to both local authorities and the most vulnerable in our society.
Helen Hayes (Dulwich and West Norwood) (Lab)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
The Chancellor, his Ministers and his officials are in regular contact with the Secretary of State, me and departmental officials on matters pertaining to local government finance. The final local government finance settlement for this financial year, 2023-24, makes available up to £60 billion for local government in England.
Helen Hayes
Local authorities have lost £15 billion of funding since 2010, as the Government have sought to outsource both the pain and the blame for their punishing approach to the public finances, with only a fraction allocated back on a piecemeal, time-limited and ad hoc basis. The reality for local authorities up and down the country is that it is increasingly becoming far too difficult to deliver all the services that local residents rely on. When will the Secretary of State stop treating local government like a pawn in his political games, and start treating local government finance with the seriousness that both residents and hard-working local government officials need?
Lee Rowley
Difficult decisions were taken in the years after 2010 precisely because Labour failed to make those decisions in the years before 2010. One of the reasons why we have made available additional funding for local government in this financial year is to demonstrate that we understand the challenges local authorities face. Ultimately, however, as I said to the hon. Member for Bury South (Christian Wakeford), this sort of issue requires hard choices and trade-offs—something the Labour party continues to fail to demonstrate it understands.
Mr Philip Hollobone (Kettering) (Con)
As inflation impacts on local authority budgets, planning departments are becoming especially squeezed. Councils are meant to approve big planning applications within 13 weeks, but over the last year only 19% have been approved in that timeframe, down from 57% ten years ago. What can the Minister do to improve funding for local council planning departments?
Lee Rowley
My hon. Friend highlights an important place where further progress is needed. We recognise that there are challenges in this area, and I know that the Minister of State, Department for Levelling Up, Housing and Communities, my hon. Friend the Member for Redditch (Rachel Maclean), who is the Housing Minister, and the Secretary of State are well aware of these challenges and seeking to address them. My portfolio includes nationally significant infrastructure programmes, and we have brought forward the NSIP action plan, demonstrating our commitment to speed up projects and decisions within them as much as we can.
Helen Morgan (North Shropshire) (LD)
Shropshire’s Conservative-run council is trying to save £1 million a week just to balance its budget this year and restore its reserves to a safe level. Part of its problem is that the funding allocated to rural councils does not reflect the additional cost of delivering services in rural places. Will the Minister consider reassessing that allocation, so that rural councils can get the revenue they need to support the cost of the services they need to provide?
Lee Rowley
We are absolutely aware of the challenges that rural councils face. That is one of the reasons why we increased the rural grant within the most recent financial settlement by £10 million. Where there are pressures in local government finance in the coming years, we will continue to work with colleagues across the House to address them.
Jonathan Gullis (Stoke-on-Trent North) (Con)
Stoke-on-Trent City Council is facing unprecedented pressure, particularly because there are now over 1,000 children in the care of the city council, as well as multiple education, health and care plans that require children to be taken out of the city to find the provision that they deserve. Will my hon. Friend meet urgently with the leader of Stoke-on-Trent City Council, Councillor Jane Ashworth; its chief executive officer, Jon Rouse; and Members of Parliament for Stoke-on-Trent to quickly find a way forward and ensure that our finances are in the best possible position going forward?
Lee Rowley
I am grateful to my hon. Friend, who speaks with knowledge and experience on these issues. I would be happy to meet Members of Parliament from Stoke-on-Trent to talk about this matter in further detail.
Tom Randall (Gedling) (Con)
Chris Loder (West Dorset) (Con)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
My hon. Friend has absolutely made this case on multiple occasions, both to my right hon. Friend the Secretary of State and to myself. He is a champion for West Dorset and for rural communities in general. We will continue to work with local MPs who are concerned about this, but I would just gently point out that the primacy and the desire of the local government sector in this financial year has been for clarity and consistency, which is what we have provided to them through the local government financial settlement this year.
Jon Trickett (Hemsworth) (Lab)
Mrs Sheryll Murray (South East Cornwall) (Con)
The A38 is the main route to the largest city on the Devon and Cornwall peninsula. This nationally significant route needs substantial work between Carkeel and Trerulefoot in my constituency. What work is the Department doing with the Department for Transport to make that a reality?
Lee Rowley
My hon. Friend highlights the importance of nationally significant infrastructure programmes all across the country. It is vital that we speed up those projects and make sure that they deliver for local people more quickly. My hon. Friend is a champion for the A38; I know that she will be talking to the Department for Transport, and I am happy to do so as well.
Patrick Grady (Glasgow North) (SNP)
The Secretary of State says that the Scottish Government are not using the powers that they have, but it is his Government who keep vetoing Scottish Government policies and legislation that has been passed by the Scottish Parliament. Does that not just show that the Conservatives never wanted devolution in the first place and can now barely contain their glee at getting to roll back the powers of devolution?
Building Safety: Joint Inspection Team Indemnity
Lee Rowley Excerpts(3 years, 1 month ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
I am today informing the House of four proposed changes to the indemnity the Government provides for the joint inspection team (JIT). The JIT currently provides support and advice for local authorities on the enforcement process under the Housing Act 2004 against private sector, high-rise residential buildings with known cladding issues. Its work includes supporting LAs with inspecting buildings, serving enforcement notices, and prosecuting landlords that do not comply with the notices.
We are proposing expanding the scope of the indemnity so that the JIT can:
Support enforcement against medium-rise buildings;
Support enforcement against social housing providers;
Support LAs to use new enforcement powers under the Building Safety Act 2022;
Support enforcement against buildings without requiring advance evidence of an external wall defect.
I am laying a departmental minute providing further details of the change to the contingent liability. More details on the JIT were previously set out in statements and associated departmental minutes of 11 December 2018, HCWS1169; 25 June 2019, HCWS16541; and 11 March 2021, HCWS8421.
[HCWS899]
Thurrock Council: Best Value Inspection Report
Lee Rowley Excerpts(3 years, 2 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
I am today publishing the best value inspection report into Thurrock Council, authored by their inspector, Essex County Council. The final version of this report was submitted to the Secretary of State on 19 May 2023, following a representations process whereby any particular individuals criticised were given an opportunity to read and respond to those relevant parts of the report before it was published.
This publication follows my update to the House on 16 March in which I confirmed that the Secretary of State for Levelling Up, Housing and Communities and I had formally expanded the Government intervention in Thurrock Council, appointing Dr Dave Smith as an independent managing director commissioner, and providing commissioners with further powers over Thurrock’s governance and staffing functions.
The best value inspection report details widespread failure in Thurrock Council’s financial, governance, and leadership functions. The challenges facing Thurrock “stem from a series of self-sustaining, systemic weaknesses which have allowed for repeated failure over many years." Although individual officers and members made significant mistakes, particularly in relation to financial investments, they were operating within broken systems at the council which are in urgent need of reform and improvement.
The report clearly sets out the events which led to the collapse of the council's commercial investment strategy last year, after that strategy was allowed to operate in an environment with wholly inadequate scrutiny and governance arrangements.
That failure has had profound consequences for the council’s financial sustainability, and the inspection report confirms that Thurrock is unable to balance its budget without exceptional financial support from Government, which has now been granted in principle for the financial year 2022-23. Going forward, the report makes it clear that in addition to realising extensive efficiency savings, the council will have to review the scope of its local services.
The report reveals that the pattern of failure which has characterised the council’s approach to commercial investment can also be seen in its delivery of major infrastructure and regeneration projects. These failings have resulted in the loss of substantial sums of public money. The council’s lack of openness and transparency prevented these failings from being properly scrutinised, and these losses were often concealed, or not properly reported.
The report concludes that these failings are attributable to the breakdown of political and managerial leadership; inadequate governance arrangements; and profound weaknesses in the council’s control environment.
The Government’s Response
The best value inspection report makes a number of recommendations, some of which pertain to actions that the council should take, for example to expand the scope of its improvement and recovery plan, and some of which relate to expanding the powers of commissioners.
I am pleased to confirm that the majority of the report’s recommendations have already been addressed by the expansion to the intervention I announced on 16 March, which provided commissioners with the powers to drive forward change in Thurrock council’s finance, governance, and staffing functions, which the report highlights as areas of particular concern.
The recommendation in the report on member development, and the importance of engaging residents in local democracy, accords with the concerns about leadership and member training raised in the first commissioner’s report and best value inspection update letter. The importance of strengthening member capacity at the council cannot be overstated, because all members will have a vital role to play in the council’s recovery. I expect Thurrock council to carefully consider this recommendation, and to work closely with commissioners to ensure that it is taken forward, for example, by being incorporated into the council’s improvement and recovery plan. I would expect that equally close attention is paid to the section of the report which focuses on the council’s delivery of major projects, where there are clearly lessons to be learnt.
The report also recommends that Thurrock council change its scheme of elections, from electing its members in thirds, to “all-out” elections, where all members are elected at the same time. The report recommends that if the council does not make this change by 31 July, that the Secretary of State should consider making an order under section 86 of the Local Government Act 2000 to secure this.
Given the pressing need to bring stability to the council, the Secretary of State has concluded that he wishes to seek representations on using his powers under section 86 of the 2000 Act, to bring about a move to whole council elections from May 2025. The May 2024 elections of one third of members will go ahead as planned, to ensure residents have the opportunity to have their say. It is important that Thurrock council can express its view on this proposal before a final decision is made. I have written to the leader and commissioners of Thurrock council today to notify them of the Secretary of State’s proposals, and representations should be received, from the authority or any other interested party, by 29 June.
This report lays bare a rare but significant case of a council failing to comply with its best value duty across several fronts. As I noted in my statement to the House on 16 March, I am hopeful that the recent expansion to the intervention will help the council to address the concerns set out in the best value inspection report, and to continue its vital work to improve the way in which the council is run.
The people of Thurrock deserve a well-run council that can fund the delivery of good-quality services in a sustainable and responsible way. Progress has been made in recent months but this will require significant improvements in the COUNCIL’S leadership, finance, and governance functions at both the political and managerial level. Commissioners will play a significant role in securing these improvements and informing Ministers’ ongoing response to the situation in Thurrock. The Secretary of State and I look forward to receiving the commissioners’ second report at the end of this month.
This will be a challenging time for Thurrock’s officers and members as they reflect on the findings and recommendations of the best value inspection report. The Government will continue to work closely with Thurrock council and its commissioners, and we remain fully committed to supporting them in their improvement journey.
A copy of the best value inspection report will be placed in the Libraries of both Houses.
[HCWS852]
Draft Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023
Lee Rowley Excerpts(3 years, 2 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
I beg to move,
That the Committee has considered the draft Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023.
It is a pleasure to serve under your chairmanship, Sir Robert. The regulations will make technical but important changes to the language used in existing legislation, bringing it into line with the new terminology and processes introduced by the Building Safety Act 2022.
I will start by providing some context. After the Grenfell Tower tragedy, the Government recognised the need for an overhaul of our building safety regime. The Hackitt review identified the need for significant change, including recommendations focused on the building control process. Part of the Government’s response to those building control recommendations included the introduction of provisions in section 33 of the 2022 Act that repeal section 16 of the Building Act 1984. The Government consulted on those provisions and they were subject to pre-legislative scrutiny ahead of the laying of the 2022 Act.
Section 16 of the 1984 Act made provision for the deposit of plans with local authorities before starting building work, as well as the passing or rejection of the plans. The information provided to building control was not always consistent, nor was it always sufficiently detailed for the work being carried out.
Section 33 of the 2022 Act—that section is yet to be enacted—repeals section 16 of the 1984 Act and provides instead for a new system of applications for building control approval. For higher-risk buildings, that effectively means a more stringent system that makes the Building Safety Regulator the sole building control body. Applicants cannot proceed with work without having explicit approval from the regulator. For non-higher-risk buildings, there is no significant change from the existing procedure. Local authorities and approved inspectors will remain responsible for supervising that work, and work can begin before approval is granted.
Hilary Benn (Leeds Central) (Lab)
As the Minister and we all know, one thing that we have learned during the cladding crisis is that there are loads of jerry-built buildings that were not built according to the building regulations at the time. Will he explain how the new system and the role of the Building Safety Regulator will ensure that, in future, the basic rules are indeed followed, not just when the plans are submitted and approved, but so that the buildings are built according to those rules?
Lee Rowley
I am grateful to the right hon. Gentleman for his pertinent question. He is absolutely right that we have to bring in new regulation and ensure that that is effective, compared with what happened previously. The purpose of centralising everything in the Building Safety Regulator for buildings that are over 18 metres is to make sure that there is a consistent approach. That approach will take the form of a multiple-stage process, known as gateways, whereby the developer is required to have an interaction with the regulator to make sure that the system works as it goes along. For example, for gateway 0, initial plans have to be submitted for consideration and comment by the regulator, and the exchange goes backwards and forwards. It is a much more iterative and discursive-based approach. There is also a stop in the process, whereby if the Building Safety Regulator is not content with what is happening, approval will not be provided to allow the developer to continue.
Hilary Benn
I am grateful to the Minister for that explanation. I have a follow-up question: what will that mean for inspection? This is about what the builders are doing on any given day, including putting in or not putting in the fire break—in many cases, they did not do that, even though it was in the plans. What role will the building safety inspector have in ensuring that, as the buildings are built, they are inspected to see that what is on the plans is actually built?
Lee Rowley
I am grateful to the right hon. Gentleman for raising that question. That will be in subsequent gateways and a subsequent part of what the Building Safety Regulator does. We are introducing a succession of regulations and statutory instruments, and on top of that, the Health and Safety Executive, which is where the Building Safety Regulator sits, will provide further information and guidance, and so on. That is a very important question, and the answer will become clearer in the coming months. If the right hon. Gentleman has any remaining concerns or suggestions from his experience, I will be happy to consider them and pass them back to the HSE.
Alun Cairns (Vale of Glamorgan) (Con)
The right hon. Member for Leeds Central makes some important points, but as the Minister introduces further guidance associated with the regulation, will he agree to work with the industry to ensure that the additional red tape that is necessary to meet the safety needs does not inhibit business development and the construction industry adversely, adding costs well in excess of what was envisaged? Will he work with industry to come up with novel solutions in respect of how to meet the need, but not at an adverse cost?
Lee Rowley
My right hon. Friend makes an incredibly important point. We have to ensure that the regulations are effective in solving the problem, which manifested itself in such a tragic way a number of years ago, and that they do so in a way that ensures that we still build and that developers can still bring forward the houses that we badly need for the next generation. We have started that process. A couple of a months ago, I spoke at a conference convened by the Health and Safety Executive—where there were nearly 1,000 people from the industry, regulators and local councils—to make sure that that conversation is under way. We need to continue that and ensure that there is clarity on that issue.
The purpose of the regulations is to align the Highways Act 1980, the Clean Air Act 1993 and 13 local Acts with the terminology and processes that will be established when section 33 of the Building Safety Act is enacted. Provisions in the Highways Act that relate to the payment of charges for street works when building control plans are deposited are amended to refer to the new system for building control approval.
Section 16 of the Clean Air Act is also amended. That section requires local authorities to check the height of proposed chimneys to ensure that they are tall enough to prevent smoke and particulates from becoming prejudicial to health. The changes replace references to the deposit of plans with, again, references to the new process for building control approval. Similarly, 13 local Acts are amended to do the same. Of those local Acts, 11 contain provisions relating to appeals to the magistrates court. To align the Acts with the new procedure for appeals, the provisions are amended to direct those appeals to the first-tier tribunal.
This instrument also contains a transitional provision to ensure that consequential amendments do not apply to plans for building work that were deposited before the date on which the regulations come into force.
I say to the right hon. Gentleman for Leeds East—
Lee Rowley
Central—I almost got my points of the compass correct. To address the question from the right hon. Member for Leeds Central, I reassure all right hon. and hon. Members that they will be provided with the opportunity to scrutinise the new system’s specific requirements—we have talked about this briefly today—for applications for building control approval. Those were subject to a consultation in 2022 and will be set out in a number of statutory instruments in the coming months. The Government intend to bring the consequential amendment regulations and the regulations that create the new system into force in the autumn.
Without these consequential changes, the provisions of the Highways Act, the Clean Air Act and the 13 local Acts will not operate as they do now, as they will no longer have meaning once section 33 of the Building Safety Act is brought into force. For that reason, I commend the changes to the Committee.
Lee Rowley
I am very grateful to the hon. Gentleman for confirming his support for the regulations. I look forward, hopefully, to the Committee’s commendation of them.
Question put and agreed to.
Teesworks: Accountability and Scrutiny
Lee Rowley Excerpts(3 years, 2 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
It is, rightly, a long-standing convention that Opposition parties in this place have the opportunity to raise their concerns through debates such as this, to deal with the big issues of the day and to use the precious time of the House to articulate their vision for the future of this country. On these occasions, the Opposition can choose the subjects, the words they use, the allegations they make and the inferences they allow to be drawn.
So here we are today, having a debate about a blighted and costly site, with a massive price tag when industrial activity ceased, that is being transformed for the benefit of those who live and work nearby, in a region that is on the up. The debate is not about the achievements to date, or the failure of successive Labour Governments and Members of Parliament to improve the lives of people on Teesside. Instead, it is a debate about technicalities. It is not about whether a review will happen, look at these matters in depth or be led by independent experts, because all that will happen. Neither is it about whether the facts will be established, as was raised by the hon. Member for Wigan (Lisa Nandy), because they will be.
Instead, the Opposition have chosen to have a three-hour debate about the process by which a decision was made to have a review that is led by one group of people, instead of by another group of people. It is a debate about how we have chosen to set up a review, in the usual way that we choose to set up reviews rather than in the extraordinary way that the Opposition propose. The Labour party makes strange choices.
I want to say this, because it is important: the Government believe in the people and the places that make Teesside special. We have backed them with funding and powers to level up, which was sorely lacking under the 13 years of the previous Labour Government. That was why Ben Houchen was elected as Mayor in the first place. His record of attracting investment and delivering for the Tees Valley speaks for itself. In that spirit, he approached the Government some time ago about an independent review of the South Tees Development Corporation and the Teesworks joint venture after the hon. Member for Middlesbrough (Andy McDonald) had made serious allegations in the House, which he will not repeat outside the House. I want to make it clear now that, as previously stated, Ministers and officials have so far seen no evidence of corruption, wrongdoing or illegality.
Lee Rowley
I give way to the hon. Gentleman, who can, perhaps, tell us precisely what corruption, wrongdoing and illegality he is alleging.
Clive Efford
I just want to point out to the Minister that what he is threatening my hon. Friend the Member for Middlesbrough with is a strategic lawsuit against public participation. We have had debates in this Chamber about SLAPPs; in fact, the Under-Secretary of State for Business and Trade, the hon. Member for Thirsk and Malton (Kevin Hollinrake), who is sitting next to the Minister, has supported action against them and their use to cover up the Londongrad fraud whereby illegal money has been washed through London banks and financial centres. The Minister should think very carefully before he comes here and threatens people with legal action outside the House to silence democratic debate.
Lee Rowley
There is absolutely no silencing going on. We are debating, we will continue to debate, and we have set up a review to ensure that we understand the allegations that have been made. It is perfectly legitimate for me to point out that the hon. Member for Middlesbrough refuses to repeat those allegations elsewhere, and for people to draw whatever conclusion they wish to draw from that. However, it is also clear that the allegations being made threaten to damage confidence in Teesworks and its success—hence the Secretary of State’s decision on 24 May to commission an independent review of the joint venture.
On the “Today” programme this morning, the hon. Member for Wigan was challenged with the observation that
“there is a danger that political parties throw about allegations of corruption”.
To that point no answer came this morning, and an answer certainly did not come in the opening speech. Now that the Labour party has chosen to allocate a significant amount of parliamentary time to this discussion today, it is incumbent on Opposition Members to spell out their specific concerns. They may have tried not to do that, but they need to state the allegations about which they are concerned.
We listened to a long speech from the hon. Member for Wigan, who set out a factual case about the events that happened in the order in which they happened, but made no comment about what element of concern she felt about each of them. There have been no specific allegations; nothing has been forthcoming except rumour, gossip and innuendo. Perhaps the hon. Lady does not wish to provide allegations, but Opposition Members have certainly alleged that this is the case.
Lee Rowley
The hon. Lady has already had a significant amount of time in which to speak, and I am not willing to give her more time to produce similar innuendo. On 20 April the hon. Member for Middlesbrough was very clear about industrial-scale corruption, but provided no further information. If Opposition Members cannot provide specific information, specific allegations and specific concerns in this debate, that will show how little interest they have in the truth rather than innuendo.
Lisa Nandy
Thank you very much, Madam Deputy Speaker, for intervening to make sure that some basic manners and courtesies are respected.
May I ask the Minister to stop this ridiculous politicking? I have just set out for him a series of concerning points that have been raised by a respected national newspaper, with evidence behind them, many of which are not disputed by those involved in the proceedings. I have explained to him why an independent investigation is needed, and I answered those questions on the radio this morning, as he well knows. He may not agree that the National Audit Office is the best body to investigate, but if he disagrees with that, why will he not tell us the reason? That is all we are asking for.
Lee Rowley
I believe the hon. Lady said on LBC this morning that no allegations of corruption were being made. In the spirit of being willing to accept interventions, I am happy to take a further intervention from her. What specific allegations is she actually concerned about?
Lisa Nandy
We are concerned about the fact that no value for money is being achieved in this project, because of allegations raised in the report in the Financial Times, which set out that hundreds of millions of pounds have been put behind a project that Ministers appear to have handed over and then walked away, in a company 90% of which has been transferred into private ownership, where two investors have taken—apparently; allegedly—£45 million out but put not a penny in. We want to ensure that that constitutes value for money for the public and that this asset, which belongs to the people of Teesside, will be used for the benefit of people on Teesside for generations to come. If the Minister can reassure us in detail on those points, it would be absolutely wonderful. If he cannot, why will he not commit to an independent investigation?
Lee Rowley
That is, finally, extraordinarily helpful. For the first time in multiple questions to the hon. Lady, she has actually given an answer. She is concerned about value for money. Excellent! We are all concerned about value for money across local government. That is why we have a best value regime, which means that the Secretary of State announces inquiries and reviews, and appoints people to undertake them. The hon. Lady and her Front Bench team know that, because we have talked about it on numerous occasions in this place. They are completely aware of the best value regime that this Government use, because in 1999 it was the Labour party that endorsed that regime as part of its legislation.
Lee Rowley
I will give way to my right hon. Friend, who actually knows what he is talking about on this issue.
Mr Clarke
My hon. Friend is right to highlight the fact that it is Labour’s own regime that we are applying, but can we also get on record the fact that Department for Levelling Up, Housing and Communities officials do not believe that the threshold for a best value investigation has been met in this case? That is to say, the civil service does not believe that such an investigation is merited. We are doing it to dispel the allegations and smears from the Opposition.
Lee Rowley
I am grateful to my right hon. Friend for clarifying that important point, particularly in respect of the Department.
It is important, given the inferences by the Opposition, to highlight what has actually been put in place. The specific terms of reference and the announcement that was made long before today are clear about the intention of the Government to clarify this matter. The review will be led by Angie Ridgwell, who is currently chief executive of Lancashire County Council and has over 30 years of experience across local government, central Government and the private sector. She will be supported by Quentin Baker, a qualified solicitor and director of law and governance at Hertfordshire County Council, and by Richard Paver, who brings significant financial experience and knowledge of combined authorities from his previous role as the first treasurer of the Greater Manchester Combined Authority. They bring significant experience of senior public leadership, specific financial and legal expertise, and confidence of detailed scrutiny. All Members of the House should support their important work so that they can proceed quickly and free from partisan comments.
There is still time for Labour Members to articulate why they are suddenly so keen on NAO-led inquiries in local government when they have not been keen on them before. When there are challenges or potential questions, there is a long-standing precedent of someone other than the NAO reviewing and assessing those concerns. Why should Labour Members know this? Because, as I said, they endorsed this process in the Local Government Act 1999. They confirmed that the Secretary of State could determine the approach where there were questions about local government bodies, and as far as I am aware, they have not critiqued the use of those powers when they have been used multiple times before, including in the last few weeks. Perhaps Labour Members could tell me which parts of the Local Government Act 1999—their Act, their decisions, their choices—they have randomly, abruptly and arbitrarily decided, simply for the purposes of an Opposition day debate, that they no longer wish the Government to apply.
If Labour Members are deciding that they no longer want to use the established regime, perhaps they could tell me which of the established reviews, inquiries, panels or commissioners they wish to switch into their newly preferred process. I do not remember this being requested when the Secretary of State intervened following an external review of Labour-led Sandwell Council in 2021, following allegations of serious misconduct by members and officers that painted a deeply troubling picture of mismanagement. Should we move that to an NAO review?
I do not remember Labour suggesting this approach when the then Secretary of State determined to appoint experts to carry out an inspection at Labour-led Liverpool City Council in 2020 as a result of arrests made on suspicion of fraud, bribery, corruption and misconduct in public office. [Interruption.] There is a lot of chuntering on the Opposition Benches, but are they seeking to bring the NAO into that? The hon. Member for Wigan talks about hand-picking, but the Labour party appointed its own inquiry into the wrongdoing. That inquiry was led by a former Labour MP, supported by a peer newly ennobled by the right hon. and learned Member for Holborn and St Pancras (Keir Starmer). And I cannot remember the Labour party requesting an NAO review of Labour-led Croydon Council after a number of serious concerns about the council’s governance and risk management were outlined in a public interest report by external auditors in 2020.
The cold, hard facts are these: the Mayor of Tees Valley has had much success over the past half a decade in bringing jobs, growth and economic development to an area that is now on the up and thriving again, thanks to its Conservative leadership and its engaged and constructive Conservative Members of Parliament. On this specific issue, the Government agreed to a request from the Mayor for a review, which is being set up in a similar way to other reviews. Those who will be involved have been appointed as others have been appointed in the past. The terms of reference have been published using a similar process and, if there is an issue, we will deal with it in the normal way. The experts who are giving of their time and expertise should now be given the time to get on with the job, in the normal way, and to present their conclusions when they are ready.
Sir Robert Goodwill
The hon. Member for Wigan (Lisa Nandy) repeatedly called the site an asset, but it was a heavily contaminated industrial site. Indeed the former Labour Member of Parliament for Redcar, Vera Baird, suggested it could cost up to £1 billion to clean up the site. It is now an asset, but only because of Ben Houchen’s actions.
Lee Rowley
My right hon. Friend is absolutely right, and that is one of the few facts that the hon. Member for Wigan left out of her contribution, in which there was no clarity about what she is actually alleging.
These are serious matters. Serious allegations have been made, and it is incumbent on us all to clarify the position as soon as possible, for the good of Tees Valley. The review we have set up will do that, and we look forward to it reporting in the usual way at the earliest opportunity. Members should welcome and support the review, and I hope against hope that, in the next two hours, they may still do that.
Oral Answers to Questions
Lee Rowley Excerpts(3 years, 2 months ago)
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Janet Daby (Lewisham East) (Lab)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
The Government intend to enact reforms to improve the buildings insurance market by banning commissions, increasing the transparency of information and preventing unjustified legal costs when premiums are challenged. We are also pressing the insurance industry to launch its scheme. In 95% of all identified unsafe high-rise aluminium composite material buildings, and in 400 buildings supported by the building safety fund, remediation works have been either completed or started.
Sir Stephen Timms
I have raised before in the House the predicament of residents of Barrier Point, in my constituency, whose insurance premiums have risen sixfold. The Secretary of State told me in January that such insurers were
“squarely in our gun sights”.—[Official Report, 30 January 2023; Vol. 727, c. 55.]
Can the Minister offer any prospect of imminent relief to my constituents, some of whom face a demand of an additional £6,000 this year?
Lee Rowley
I completely appreciate the point the right hon. Gentleman makes. That is why I have met with the Association of British Insurers multiple times in the last few weeks alone. I am hopeful that the scheme it hopes to bring forward with the insurance industry will come forward in the next few weeks. Later today, I am meeting the British Insurance Brokers’ Association again to talk about how it will reduce commissions, in advance of the work that the Secretary of State has already announced to ban such commissions.
Janet Daby
In my constituency, there are two main housing developments where remediation work has been promised to fix unsafe cladding on buildings. I hope that the Minister is fully aware that living in unsafe buildings has meant individuals and families have had to put their lives on hold. Leaseholders cannot sell, move or staircase their homes, and some have had to put starting a family on hold. Will the Minister acknowledge that that is unacceptable? Will he agree to implement a timeframe so that work is prioritised by housing providers and building firms?
Lee Rowley
I am grateful to the hon. Lady for highlighting the challenges her constituents are facing. I appreciate the point that she is making about challenges. That is why we are trying to push forward with remediation as quickly as we are able to do so. Since the announcement by the big six lenders in December, taking effect in January, it should now be possible for more owners and leaseholders in properties like these to be able to buy, sell or remortgage. Early data received by the Department indicates that while the market will take some time to become more functional, it is moving in the right direction.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Will the Minister recognise that this is not just a question of ridiculously escalating premiums? There is also the problem experienced by my constituents in Northpoint in Bromley, which I have mentioned in the House before. The previous insurer, Aviva, which had insured the building up until the Grenfell fire, is refusing to quote at all. That withdrawal from the market is putting many people under real pressure. The cladding has already been removed from the building, the risk has gone and there is a zero claims record, but a major firm like Aviva will not even quote. There is a market failure here. Just as we did with the EWS1 fire safety certificates, when there was a withdrawal of professional negligence insurance, please can we intervene and make sure that people at least come into the market properly?
Lee Rowley
My hon. Friend makes an important point. That is exactly why we are trying to encourage and work with the ABI and the large insurers, to bring forward this new scheme that should help with the kind of issues that he has highlighted. I hope we will have more news on that in the coming weeks. If not, I would be very keen to talk to my hon. Friend and his local residents about how we can move forward.
Chris Elmore (Ogmore) (Lab)
Ian Byrne (Liverpool, West Derby) (Lab)
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
I am not sure that I can respond with quite so much brevity, Mr Speaker!
In the most recent financial settlement, the Government provided billions more in taxpayer subsidy to support councils, including funds to mitigate inflation. Councils are always under a duty and a responsibility to improve and transform services and make them more efficient, but the Government continue to support them when we are able to do so.
Ian Byrne
A recent report from our Select Committee highlights the fact that local authorities’ revenue funding from central Government has been reduced dramatically since austerity began in 2010, and notes that levelling-up funds generally do not replace grant funding because they are capital, not revenue. Can the Minister be honest and admit that the latest local government finance settlement will entrench and widen already huge regional inequalities, leaving the levelling-up agenda in tatters?
Theresa Villiers (Chipping Barnet) (Con)
I am sure that many Members of the House will share my experience that, on the doorstep, an issue that comes up almost more than anything else is potholes. Barnet Council is clearly failing in its duty to fill them in. Does the Minister have any advice for our failing local council on how it can improve its record on filling in potholes?
Lee Rowley
My right hon. Friend is absolutely right to say that one of the core responsibilities of local councils is to do the basics, and one of the basics is potholes. That is why the Chancellor recently announced additional money for local councils to ensure that they are filled, and it is for local councils to translate that into reality on the streets.
Sarah Owen (Luton North) (Lab)
Under a Government who created a cost of living crisis that has sent inflation levels soaring, there are now 4.2 million children living in poverty, and 70% of them are in working households. One third of children in the west midlands and 200,000 children in the north-east live below the poverty line. Shockingly, a quarter of all children growing up under the Scottish National party in Scotland now live in poverty. What support can local authorities expect in order to deal with this increase in child poverty, and is the Department’s decision to award levelling-up funding to only one in four deprived areas a factor in the heartbreaking levels of child poverty we see in Tory Britain today?
Lee Rowley
The Government offer a huge amount of support to the most vulnerable in our society. We have seen that all the way through covid and through the inflation and energy issues, and we will continue to do it through the welfare system as a whole. The best way out of poverty, where it is possible, is to work, and that is why this Government are ensuring that work pays, work matters and work achieves.
David Duguid (Banff and Buchan) (Con)
Clive Efford (Eltham) (Lab)
Residents in Master Gunner Place in my constituency are still paying for a waking watch, despite a new fire alarm being introduced. These properties were built with major defects by Countryside Properties, and they are now owned by Samnas. I want to know what the Minister is going to do to take these people to task, because they are costing my constituents a lot of money, which should have been resolved before.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
The hon. Gentleman will have seen that we have recently reopened the waking watch fund, but on the specific issue he has raised, I would be happy to meet him, because I also want to understand why this has not been removed as a result of the money spent.
Woking Borough Council Intervention and Tees Valley Independent Review
Lee Rowley Excerpts(3 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
I would like to update the House on action the Government are taking in relation to two local authorities. In the case of Woking Council, Government are taking decisive action given clear evidence that the best interest of taxpayers is not being served. In the case of Tees Valley Combined Authority, in response to a request from the Mayor, the Secretary of State has decided on an exceptional basis to commission an external assurance review.
Woking Borough Council
Woking Borough Council is a small district that has engaged in commercial investment activities since 2016. As a result of this, as of December 2022 the council had debts of £1.9 billion, with plans to increase it to almost £2.4 billion by 2024-25, and now faces significant impairments against key assets. This makes Woking the most indebted council in England compared to its financial size, with a net budget of £24 million and core spending power of £14 million. In its most recent budget report Woking Borough Council recognises that this debt, and the council’s reliance on commercial income to fund services, places it in an extremely challenging financial position. The Department considers that this is, based on current evidence, the most challenging financial position of any local authority in England.
The Government is introducing new powers through the Levelling-up and Regeneration Bill that will allow direct intervention where authorities are exposed to excessive risk from borrowing and investment practices. Ahead of that, since May last year, we have been engaging with Woking, given that it is likely to fall within scope of those powers. As a result of our engagement, the Department has been increasingly concerned about the level of risk the council is carrying and how that is being managed.
External assurance review
As a result of the Department’s concern about the specific situation in Woking, in January 2023 the Department commissioned an external assurance review covering the council’s governance, finance and commercial issues. This review was carried out by Jim Taylor, Carol Culley OBE and Mervyn Greer, with fieldwork taking place over January and February. The review team was asked to provide an external assessment of Woking’s governance arrangements, financial situation, commercial investments and their capacity and capability to manage these in the immediate and longer-term.
The council made the Department aware of further developments in its commercial and finance arrangements in April 2023, following which the Department requested that the review team undertake further fieldwork in April and May. The resulting report reflects all review work undertaken from January to May 2023 and will be published on gov.uk, and copies have been deposited in the Libraries of both Houses. This report has been redacted in places in light of the commercially sensitive nature of some of its contents. The full report, including the commercially sensitive information, has been considered by the Secretary of State in taking his decisions in relation to Woking.
Failure to comply with best value duty
Evidence within the review shows that Woking Borough Council is failing to comply with its best value duty to make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness, as required by the Local Government Act 1999. The financial challenge is acute, and the review has concluded that the Council cannot become financially self-sustaining without considerable Government support.
To quote the review:
“The scale of this issue is unprecedented.”
“From the historic base, the sheer scale and complexity of the investment and commercial activity of the council, means that the Council will never have the capacity to effectively manage all the commercial and economic considerations...”
“Commercially, the council is overstretched and remains reliant on further support in the form of additional skills and capacity to continue to find a resolvable solution to its commercial position.”
“There is no realistic route to the Council returning to financial sustainability alone... The Council will need to undertake significant service transformation and consider their future operating model.”
"The new leadership of the Council is taking the right steps. However, it does not have the capacity or capability to address a challenge of this scale without additional support...on the current trajectory the Council will not rectify these issues itself and will continue to fail its best value duty. The Council will require significant support, including statutory oversight.”
“There are critical decisions that need to be taken in the next 2-3 months, for which immediate expert support is required.” “...the financial issues are more severe and immediate than initially thought [when undertaking work in January and February]”
“...This leads to the conclusion that, despite many initiatives and advice being actioned there is no overarching strategy for the whole situation under the council’s control.”
In addition to the work of the reviewers, the Department has had direct engagement with Woking Borough Council in relation to its financial situation. It is the Department’s view that the council has failed to provide assurance that it is taking the necessary actions to comply with its best value duty and address the serious issues noted in the review. Nor has it given the Department assurance that it has capacity to take the necessary action, or develop an adequate strategy to resolve the situation, when considering the scale and pace of the response required.
The council is aware of the gravity of the situation and has made clear in published papers for its meeting on 23 February 2023 that it is at risk of issuing a section 114 notice, with public statements attributing this to issues relating to shortfalls in commercial income and cost pressures.
Statutory intervention in Woking
The Secretary of State is satisfied that Woking Borough Council is failing to comply with its best value duty. The Secretary of State considers it necessary to put in place an intervention package immediately, to secure the council’s future and sustainable compliance with its best value duty. The intervention will consist of the appointment of commissioners to oversee specific functions of the council, alongside directions to the council. The Secretary of State is confident that this package will address the failings identified, and is necessary for the council to secure compliance with its best value duty.
It is the Secretary of State’s view that the situation in Woking is sufficiently urgent to justify forgoing the usual period of representation. He considers that there is a pressing case for urgent Government action to protect the interests of the residents and taxpayers of Woking, and the public purse. The scale of Woking’s financial challenges is unprecedented, and we have serious concerns about its commercial arrangements; the Secretary of State is concerned that further evidence of failure could come to light imminently and require further immediate action. The appointment of commissioners and the directions set out below will therefore take effect from today.
Appointment of commissioners
The Secretary of State is appointing the following individuals as commissioners to exercise certain functions as required:
Jim Taylor (Lead Commissioner). Jim is an ex-chief executive officer of three metropolitan borough local authorities and was appointed in March 2022 by the Secretary of State as a commissioner at Sandwell Metropolitan Borough Council. He also conducted a governance review of Slough Borough Council for the Secretary of State in 2021.
Carol Culley OBE. Carol is the current deputy chief executive and section 151 officer at Manchester City Council. She is CIPFA Junior Vice President, a member of the CIPFA Council and Chair of the CIPFA Public Financial Board; and
Mervyn Greer. Mervyn is a Crown Representative at the Cabinet Office where, amongst other responsibilities for strategic suppliers to HMG, he is the appointed Crown Representative for Local Government Commercial and the LGA. His background is in property and built asset management in the private sector, where he was responsible for major outsourcing and property related commercial contracts. He retired from the private sector in 2016. He was a member of the team which conducted the statutory best value inspection of Liverpool City Council in 2021.
The Secretary of State has taken the unusual step of appointing the three individuals who carried out the external assurance review as commissioners. This reflects the acute situation in Woking, and the urgent need for commissioners to begin work immediately to ensure that the council takes steps to secure compliance with their best value duty. The Secretary of State considers that these individuals are best placed to take up these roles in the immediate term, due not only to the knowledge acquired during their time reviewing the council, but to their individual knowledge and experience in local authority leadership, governance, and commercial development. Our understanding of the situation in Woking is likely to change throughout the period of intervention. Their appointments are therefore for 12 months and will be reviewed within six months or at such a time as the Secretary of State determines necessary.
The scale of the financial challenge in Woking means that the council must take immediate steps to address its commercial and financial challenges, and to make transformative change across its entire operations. The commissioners will therefore exercise the following functions:
those associated with the source of Woking’s failures, financial governance and decision making, commercial decision making and management of commercial projects, regeneration and property;
those where the council will need to make changes as a result of these failures, functions associated with the council’s operating model and service redesign to achieve value for money and financial sustainability; and
those that will ensure the council has the right skills and structures to make ongoing improvements across the entire organisation, governance and scrutiny of strategic decisions; and the appointment, dismissal and performance management for senior and statutory officer positions.
Directions to Woking Borough Council
Alongside this, Woking Borough Council will be directed to prepare and agree an improvement and recovery plan to the satisfaction of commissioners. This must include, as a minimum, plans to:
achieve financial sustainability and reduce debt;
ensure value for money when exiting commercial arrangements;
ensure compliance with financial management rules and guidance;
reconfigure services; and
ensure the Council has the necessary skills, capabilities and capacity to carry out this work
and achieve compliance with their best value duty.
As with other interventions led by the Department, the council is directed to meet the costs of the commissioners. The fees paid to individuals are published in appointment letters which are available separately on gov.uk. I am assured this provides value for money given the expertise that is being brought, and the scale of the challenge in councils requiring statutory intervention.
The Government are committed to making sure the residents of Woking have what they need from their local council, including confidence in its service delivery, financial management and governance.
I will publish the directions and explanatory memorandum associated with this announcement on gov.uk, and place copies in the libraries of both Houses.
Independent review: Teesworks
Yesterday, the Secretary of State confirmed that he has made the exceptional decision to support the commissioning of an independent review to consider the specific allegations made, and Tees Valley Combined Authority’s oversight of the South Tees Development Corporation (STDC) and Teesworks joint venture.
The Tees Valley Mayor approached Government some time ago regarding the possibility of an independent review of STDC and Teesworks. He raised concerns regarding the allegations made in Parliament by the hon. Member for Middlesbrough (Andy McDonald) of “dubious dealings” and “industrial-scale corruption”. The Mayor was, understandably, particularly concerned about the damaging effects that these allegations could have on investment and job creation across Teesside.
My colleague, the Minister for Levelling Up, explained in her letter of 17 May to the hon. Member for Middlesbrough that the Department has so far seen no evidence of corruption, wrongdoing, or illegality. This is still the case.
The Secretary of State’s decision has been taken in response to Mayor Houchen’s previous request for an independent review to address these allegations and reflects his recognition that the continued allegations of “corruption” poses a real risk to the shared ambitions to deliver jobs and economic growth in Teesside.
In line with established practice, a review panel will be appointed by the Secretary of State to undertake the independent, external assurance review. The members of the panel will be announced shortly as will detailed terms of reference. Since serious allegations of corruption, wrongdoing and illegality have been made, I will ask the panel to address these accusations directly, and to report on the governance arrangements at STDC including how decisions are made, as well as looking at the value achieved for the investment of public money on the site.
The Secretary of State yesterday wrote to the Tees Valley Mayor explaining his decision, a copy of his letter has been placed in the Library of the House of Commons. He also wrote to the Chairs of the Levelling Up, Housing and Communities and Business and Trade Committees, and to the shadow Secretary of State for Levelling Up, Housing and Communities.
Any interested party, including Members of Parliament, will be invited to make representations to the panel as part of their evidence gathering. The report and any recommendations will of course be published in line with usual practice.
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