Local Government (Religious etc. Observances) Bill
Debate between Lord Avebury and Lord Ahmad of Wimbledon
Lord Avebury
My Lords, I am sorry to interrupt my noble friend but I would like an answer to the question that I posed to another noble Lord. Why cannot people who believe so strongly that prayers before a meeting can be helpful to them in their deliberations organise themselves separately so that they are not part of the official business but are organised by a voluntary group of councillors who, in this respect, would have nothing to do with the official business of the authority?
Lord Ahmad of Wimbledon
My Lords, nothing in the Bill would prevent that. This is about choice at a local level. As we have already heard, there are provisions for local authorities to have prayers or not have them. We have heard from two Members on both sides of the House who are, today, members of local authorities, neither of which has prayers. If a coercive practice were already in place, surely those two Members who have spoken—the noble Lord, Lord Kennedy, and my noble friend Lady Eaton—would have said that their local authority needed to have prayers. Neither has prayers, which again shows the openness of what is being suggested. Indeed, all we are asking for here—and the Government support the Bill—is the opportunity for people to be given a choice. I know that that is not something that my noble friend objects to.
Perhaps I may turn to the amendments. One of the key objectives of the Bill is to give authorities, including, crucially, those authorities that cannot exercise the general power of competence, the freedom to include in their formal business prayers or other religious observance or observance connected with a religious or philosophical belief. I reassure the noble Baroness, Lady Flather, and other noble Lords that, for the purposes of the Bill, religion is not defined; rather, the Bill refers to,
“observance connected with a religious or philosophical belief”,
as other noble Lords have pointed out, and to “religious observance” as well. The definition is wide enough to embrace what might be described as mainstream religions but it also includes those with a sincerely held belief that is not conventional. Therefore, we consider that the Bill is inclusive. We have no desire—nor is it the intention of the Bill—to produce an exhaustive list of what is and is not to be considered a religion or, in this case, prayers.
On a lighter note, when I first joined your Lordships’ House, I came from the private sector. My right honourable friend Eric Pickles has been referred to. When I became a Government Whip, I was told that every Wednesday morning Eric held prayers. I thought, “This is novel. We’re going to turn up and have prayers with Eric”. However, it was a reflection of what we term “certain meetings”, and I think that those are reflections of our traditions. Perhaps the definition of prayer—which is very wide—is, as the noble Baroness suggested, one that allows local authorities to decide, if they so choose, to have a moment of reflection rather than a formal prayer service according to one religion or another.
We consider it right that authorities should have this freedom and right that they should be able to decide for themselves whether to include town hall prayers as part of official business. It is right because, as I have said, we live in a multifaith nation that respects all faiths and those who have none, and it is right because we should provide a local choice and, where a council wishes to hold town hall prayers as part of its official business, it should not be denied that freedom. I reassure noble Lords that the Bill does not compel town halls to adopt prayers. Nobody who does not wish to attend prayers as part of official business will be required to do so. Town halls may decide to have no prayers or to have a moment of reflection. That is part of the Bill, and the amendment seeks to remove that granting of freedom.
Amendment 2, coupled with Amendment 5, would introduce two new and, we believe, unnecessary restrictions, as the noble Lord, Lord Kennedy, pointed out, on the decision-making process in town halls. It is unnecessary because there is no need to require a two-thirds majority to enable a local authority to hold town hall prayers. As my noble and learned friend Lord Mackay ably described, this would mean that a minority might vote against prayers but still stop the council holding them as part of its official business. Do we want a minority stopping a majority from taking part in an item of business that nobody is compelled to take part in? That is exactly what the Bill is intended to put a stop to.
Nor is it necessary for a decision to include town hall prayers as part of official business to remain valid for only 12 months. The Government have worked hard to reduce red tape in councils, to remove burdens and to make town hall decision-making more transparent and accountable. This amendment would introduce, into a Bill that is about freedom to choose, a compulsion to revisit, year after year, a decision that has been taken and agreed. Councils are, of course, free to decide one way or the other on whether to include town hall prayers as part of its official business, and they are also free to reconsider their decision, but they should not be compelled to do so every 12 months.
I was interested to see the amendment that seeks to replace the Bill’s—if I may describe it as such—non-definition of town hall prayers with a definition of an act of worship. As I have already said, the Bill is carefully drafted to avoid the definition of prayer, religion or belief. The provision as drafted ensures that town halls are not limited to any particular act of worship or observance. This amendment may be intended to ensure that, through silence, no offence is caused. However, that would go against the Bill’s intent to recognise all faiths, and respect those with none, by compelling those who would otherwise vocalise their observance to remain silent. I worry that the amendment also goes against the transparency and accountability that we have worked so hard to ensure become part of town hall culture. I am also concerned that it seeks to silence those who would wish to make clear their belief.
Another amendment seeks to limit the time that the council may spend on an item of business—in this case, town hall payers or an observance connected with a religious or philosophical belief—to five minutes. I find that somewhat peculiar. I presume it is to ensure that town hall prayers do not take up too much valuable time. I have already mentioned transparency and accountability. We have ensured that the public can report on the proceedings of town hall meetings and I would imagine that the only measure of time deemed to be unreasonable for any item of council business is the length of time that the electorate consider unreasonable, no matter what the business. As it is, local councils determine themselves, generally in guidance, how long should be spent on different agenda items.
In conclusion, we should trust local authorities and councillors to serve the interests of the public to whom they are accountable, without the need for any steer about how long they should take over this or that item of business. We should trust councils and the electorate. This Bill is all about choice—the choice of whether to allow or not to allow—and that choice is best made by those who are elected at a local level to serve their local electorate. With these assurances, I again reiterate the Government’s support of this Bill. After we have heard from my noble friend, I hope that the noble Earl will withdraw his amendment.
Ebbsfleet
Debate between Lord Avebury and Lord Ahmad of Wimbledon
Lord Avebury
I will try to be as brief as possible. What is the work required to drive forward development which the head at Ebbsfleet is now discussing with others? Will the Minister be a little more specific about that? Will he amplify what was said in the Statement about the development framework for the area? Will he give us some indication of what the baseline data which are to be provided are and the timescale for them to be provided? Finally, local authorities are to administer the planning service for the UDC for a transitional period. What does he envisage that will be? When will the UDC be in a position to take over the planning functions that it will ultimately have to deliver?
Lord Ahmad of Wimbledon
My Lords, my noble friend has raised a series of questions related to infrastructure and funding. With the leave of the House, I will answer one or two to allow for more questions, and will then write to him with specific details, which I will of course share with noble Lords.
The mainstay of my noble friend’s questions was about the £200 million and the further money required. This is not a cap for the UDC to work out what is needed and to make the case to the Government if more money is required. As I have said, the first task for the UDC is to draw up a business plan with details on how to spend the first £100 million—not on homes, as he asked specifically, but on infrastructure. That could include—to answer some of his questions—schools and community facilities. We very much want the UDC to be in the position of telling us how it can move this forward.
The important element is that this is not about giving the UDC specific targets or parameters in which to work. Once the UDC is created and appointed with local expertise, including representation from local authorities on its board, it is then up to the UDC to identify the priorities for the area, to ensure that whatever garden city develops reflects local needs, as I said in my response to an earlier question from the noble Lord, Lord McKenzie. As to the other specific questions that my noble friend asked, I will write to him.
Deregulation Bill
Debate between Lord Avebury and Lord Ahmad of Wimbledon(9 years, 9 months ago)
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Lord Ahmad of Wimbledon
My Lords, the Government’s aim is to promote and support the regeneration of brownfield land and the creation of new, locally led garden cities. This is not news, nor is the fact that Urban Development Corporations can play a key role in driving forward the delivery of large-scale development. This is especially true in areas where previous ambitions have failed to progress.
Urban Development Corporations—UDCs—are statutory bodies which are established under the Local Government, Planning and Land Act 1980, whose objective is to regenerate designated urban development areas. Urban development areas and corporations are established by affirmative orders, which, if held to affect private interests, can be declared to be hybrid by the House and therefore become subject to the hybrid instruments procedure. Once declared hybrid, the order is open to allow private interests to petition. This has happened in respect of all previous urban development areas and Urban Development Corporations.
A hybrid procedure is time-consuming and can be costly for all parties, involving processes of representations and hearings over what can be a substantial time. The formation of an urban development area or an Urban Development Corporation does not, in the Government’s opinion, impact on the private rights of individuals and businesses in the area. The powers available to Urban Development Corporations are already available to local authorities, notably in development management planning powers and, where necessary, compulsory purchase. We therefore do not consider that the creation of an urban development area or corporation gives rise to a loss of rights. It is the Government’s view that the hybrid procedure is not necessary in the case of statutory instruments establishing urban development areas and corporations, provided that there is proper consultation with individuals, businesses and local authorities in the area concerned before the statutory instrument is presented to Parliament.
The Government propose to create a statutory duty to consult. It would require the Secretary of State to consult,
“persons who appear to … represent”,
residents and businesses, local authorities and anyone else who the Secretary of State considers appropriate. The proposed duty to consult would increase the level of public scrutiny that proposals of this nature must undergo. It would ensure that anyone who wishes to can respond to a consultation and express their views and concerns.
Under the current legislation, there is no statutory duty to consult on the creation of an Urban Development Corporation. When the 1980 Act was passed, the affirmative and hybrid procedure was the only express means for local residents to influence government policy. Establishing a statutory duty to consult provides people with an opportunity to participate early in the policy-making process and voice concerns at the point at which they arise, rather than waiting for a chance to petition once a statutory instrument is laid before Parliament.
The way in which people engage with government has improved and changed greatly in recent years. The advent of new technology means that it is now quicker, easier and cheaper for members of the public to raise their concerns through consultation—more so than by bringing a petition in front of your Lordships’ House. Replacing the hybrid procedure with a statutory consultation duty would reflect this change in the way people now interact with government and the policy process. The Government therefore remain of the view that the negative procedure, subject to a statutory duty to consult, is the appropriate procedure for establishing UDCs.
I should like to place on record my particular thanks to the noble Lord, Lord McKenzie, for his participation in discussions on how to proceed on this matter. I know he shares my view that we want to see progress in taking this proposal forward. The inclusion of a 12-month sunset provision, with an expiry date of 31 March 2016, demonstrates our commitment to the regeneration of areas where development is waiting to happen. Any statutory instruments establishing an urban development area or Urban Development Corporation, if laid after 31 March 2016, would revert to the current, affirmative, procedure. It would be for a future Government to propose longer-lasting changes beyond the sunset date, and for the Parliament of the day to debate and decide on such changes. The Government have previously argued that such a change would be appropriate for all the reasons I have described, but we recognise that this issue will not be resolved in the current Parliament.
If the changes we are proposing to the Bill are approved, then, following Royal Assent, the Government will lay a statutory instrument establishing an urban development area and corporation for Ebbsfleet. The Government have already consulted on this proposal, and have published a report demonstrating the support expressed for our proposals in the consultation responses. Given the progress that has been made in recent weeks and months, and the strong case for an Urban Development Corporation at Ebbsfleet, it is perfectly reasonable that we should now move forward with establishing the Ebbsfleet Development Corporation as soon as possible. I therefore hope that this amendment carries your Lordships’ support, and I beg to move.
Lord Avebury
My Lords, if the provisions regarding short-term lettings were unsatisfactory, these provisions coming before your Lordships at this stage of the Bill are unsatisfactory in spades. The amendments that we are now looking at are in substitution of the new clauses reducing the power of Parliament over the order-making power to designate land as urban development areas and to establish Urban Development Corporations. The Delegated Powers Committee received those amendments originally on 25 October, and a memorandum explaining the nature and purpose of the proposals on 26 October, giving it time to report at lightning speed on 29 October. The report severely criticised the original proposals as a breach of the undertaking in the consultation document to obtain express parliamentary approval for these proposals, and called on the Government to withdraw them before the next stage in Committee.
The amendments were accordingly withdrawn but, unfortunately, as the Delegated Powers Committee pointed out in its further report published yesterday, the two new clauses that we are now considering still provide for parliamentary approval to be via negative, rather than affirmative, resolution until 31 March 2016. This means that until that date, interested parties would not have the right to petition against orders designating UDAs and establishing UDCs, as has always been the case in the past, leading to the hearing of evidence in a committee on the matters raised in the petition. The Government recognise that your Lordships would need time to consider and debate such a major reduction of our powers of scrutiny, but are insisting that in the case of Ebbsfleet—the only proposal likely to be affected by these amendments—they must pre-empt a more general debate.
I understand that in the consultation, some three-quarters of the respondents were in favour of this new town and one-quarter of them were against. That does not tell us whether any of the antis would have gone to the length of petitioning, but any who were minded to do so have been deprived of their rights although, as the Delegated Powers Committee points out, the Government gave no indication of this in the consultation. I am keen that Ebbsfleet should go ahead rapidly, but I regret the Government’s assumption that they could trample on the rights of scrutiny and the rights of private interests to be heard. They should have started the Deregulation Bill earlier in the Session or, at the very least, they should have found time for a debate on the proposal in the Minister’s letter that the negative procedure is appropriate for all UDC proposals, subject to a statutory right to consultation. I make no comment on the Government’s argument in the memorandum they submitted to the Delegated Powers Committee that the affirmative procedure leads to uncertainty, delay and a loss of business confidence which acts as an impediment to the process of regeneration that the UDCs are expected to deliver.
We are talking here about taxpayers’ expenditure of £1 billion on the infrastructure of these new towns, the first at Ebbsfleet in Kent, followed by others at Bicester, Ashford, Oxford and Northstowe in south Cambridgeshire. If the advice of David Rudlin, the winner of the Wolfson Economics Prize is being followed, they are the precursors to a further 35 similar new towns, giving a total of some 600,000 new dwellings, that will,
“take a confident bite out of the green belt”.
Ebbsfleet is entirely brownfield, as we have discussed, but that cannot be true of all 40 new towns that are planned. How do the Government intend to amend the National Planning Policy Framework to avoid inconsistency between the NPPF’s severe restrictions on development in the green belt and the new towns policy of taking a confident bite out of it? Or do they intend to make ad hoc decisions in each case as it arises?
Will the Minister say how the new towns will make a proportionate contribution towards meeting the dire national shortage of affordable homes? In the case of Ebbsfleet, Land Securities says that it has plans to develop up to 10,000 homes, but is there not a Section 106 agreement for the company to make a contribution towards infrastructure costs in lieu of any obligation to ensure that a given proportion of the homes are affordable? In his helpful letter of 9 February, my noble friend said that the UDC will not have plan-making powers but will have to determine applications within the context of the affordable housing policies set out in the Dartford and Gravesham local plan core strategies, both of which require private housing developers to deliver 30% of the units as affordable housing.
Land Securities is not building any houses itself, but will reach deals with housebuilders on parcels within the site. The Section 106 agreement that the company reached with Dartford Borough Council does not require any affordable homes, the money being allocated to schools. The local MP, Gareth Johnson, says it would be wrong to suggest that there will not be any affordable homes and that it would be a matter for the local development corporation, but surely that is not the way it works. Since all the land is owned by a single company and its objective will be to maximize returns for its shareholders, the LDC will have no say in the matter, unless it uses its compulsory purchase powers. Will there be anything in the rules of the LDC that will encourage it to use those powers to achieve a proportionate mix of affordable housing? How else does the Government think that Ebbsfleet and the other new towns will make any provision for people who cannot afford to buy?
I also asked my noble friend last week how the Government would ensure that LDCs would provide appropriate accommodation for caravan-dwelling Travellers, whose needs are even less likely to be a priority for developers. My noble friend said that they would be required to plan for the needs of Travellers in the same way as local authorities. Does that mean that they have to start from scratch with a needs assessment? Would it not be simpler for them to reach agreements with the local authorities contributing to their area to assume responsibility for a proportion of the needs that have already been identified and assessed by those councils?
Housing: Brownfield Land
Debate between Lord Avebury and Lord Ahmad of Wimbledon
Lord Ahmad of Wimbledon
I think no one welcomes developers acting on that basis. The only elements within the green belt that are looked at in planning for housing are those that are designated as brownfield sites. If there are instances such as those that the noble Baroness has raised, such applications can be called in by the Secretary of State. Where such malpractice is seen, I would encourage that to be done.
Lord Avebury (LD)
What proportion of the 15,000 homes to be built at Ebbsfleet, which is entirely brownfield, will be allocated to social housing? Will a minimum amount of social housing be prescribed for all the new towns that are planned?
Lord Ahmad of Wimbledon
As my noble friend knows, every local development plan reflects the need for social housing to give the correct mix. That will be reflected in the Ebbsfleet development. I am pleased to say that we are moving forward on that. I hope that legislation before this House will ensure progress in that area.
Tanzania: North Mara Mine
Debate between Lord Avebury and Lord Ahmad of Wimbledon(10 years, 12 months ago)
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Lord Ahmad of Wimbledon
I shall certainly take back the views expressed during questions to my noble friend and, indeed, to my right honourable friend the Foreign Secretary. Let me assure the House that ABG is signed up to the voluntary principles on security and human rights. That is a point that we have again reinforced in discussions and representations made.
Lord Avebury (LD)
My Lords, given that this company is listed on the Stock Exchange, what are the responsibilities of the UK Listing Authority in respect of a member company accused of serious criminal offences? Could my noble friend also say what sanctions there are against a company that contravenes the UN guiding principles on business and human rights in that its grievance mechanisms are neither transparent nor equitable?
Lord Ahmad of Wimbledon
My Lords, the Financial Conduct Authority, which includes the UK Listing Authority, is authorised to fine, suspend, prohibit, order injunctions and bring criminal prosecutions, or take other actions against firms or individuals acting illegally. The UN guiding principles are, of course, a voluntary framework, so sanctions would not be applied. But most companies understand the business argument for having transparent grievance mechanisms, not only for their own employees but also to hear local concerns in which they operate.
Town and Country Planning (Temporary Stop Notice) (England) (Revocation) Regulations 2013
Debate between Lord Avebury and Lord Ahmad of Wimbledon(11 years, 5 months ago)
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Lord Ahmad of Wimbledon
My Lords, first, I thank my noble friend for securing this debate. Like other noble Lords who have participated in it, I, too, acknowledge his great commitment in furthering understanding of, and tackling and highlighting, some of the issues faced by the Traveller community in particular. I also thank other noble Lords, the noble Baroness, Lady Whitaker, and, of course, the noble Lord, Lord Beecham, for their contributions. Both they and my noble friend have raised valuable and thought-provoking comments. However, unlike my noble friend, I do not believe that there is a case to regret this change. Indeed, I welcome it as part of empowering local councils to take effective action against unauthorised sites.
The noble Lord, Lord Beecham, talked about a recent meeting, to which my noble friend also referred, with Brandon Lewis, who is now charged within the department with taking forward the agenda for Travellers. I would say, in defence of my honourable friend, that he has taken to this particular task with great aplomb. He has met with the APPG and is in listening mode, as the noble Lord, Lord Beecham, pointed out.
Just as an aside, the noble Lord, Lord Beecham, mentioned my right honourable friend the Secretary of State, Mr Eric Pickles, talking about approaches to local government. This underlines our Government’s commitment to localism. I, for one, as a former local councillor, actually welcome his intervention on matters such as ensuring that councils take up the good practice of weekly bin collections. Certainly in my 10 years in local government, including my time as cabinet member for the environment, I never found the idea of fortnightly collections resonated with any part of the borough and, indeed, boroughs across London either. However, if that is the case in the noble Lord’s area, I stand corrected.
I will set out from the beginning that the Government are totally committed, I assure my noble friend, to respecting the rights of Gypsies and Travellers, improving socio-economic outcomes and indeed reducing prejudice, which does exist. I encountered this at first hand in my own ward in local government. The Traveller site in Merton was actually in my ward, which itself could be regarded as a very prosperous part of the borough. Nevertheless, it was an eye-opener for me. I visited the site, which was a permanent site, and I worked with the local Traveller community there. I totally hear the points made and I think it is important for government at local level to ensure that there is correct representation for Travellers, because quite often they are not aware of the avenues open to them to make appropriate representations. It is incumbent on us, through our localism approach, to ensure that councils create those avenues and ensure that they are made fully available to all Traveller communities.
As we all know, the majority of Travellers abide by the law and planning procedures. It is only a small minority that may at times seek to set up on an unauthorised site, and that does, unfortunately, damage the reputation of the wider community. However, I highlight also the work undertaken thus far at the DCLG. For example, in April 2012, the ministerial working group looking into Gypsies and Travellers published a progress report, which included 28 commitments from across government to help outcomes for Gypsies and Travellers. These included promoting the improved health outcomes for Gypsies and Travellers within the structures of the National Health Service and encouraging authorised sites that have the backing of the local community. Indeed, £60 million has been made available through the Traveller pitch funding and the new homes bonus. I sought an update on progress in this regard and, by 2015, as part of this scheme, we are seeking to have in place 628 new pitches and 415 refurbished pitches across the country. Another recommendation of the ministerial working group was preventing hate crime, increasing the reporting of incidents and challenging the attitudes that underpin it.
In terms of specific progress, in education, for example, the Department for Education has already recruited virtual head teachers in three areas—Kent, Bradford and Cambridgeshire. In health, the Department of Health’s commitments mainly concern improving the evidence base on Gypsy and Traveller health and using the reformed health system to improve the commissioning of health services from April. The new legal duties as regards health inequalities will be a key lever to improve access to and outcomes from health services. Gypsies and Travellers are one of the priority groups on which their inclusion health programme is focusing.
The commitments made by the Home Office come out of the cross-government hate crime action plan, published in March 2012. This plan is currently being reviewed in order to assess progress and respond to new and emerging issues. Of course, I encourage all noble Lords—as they do; and I am sure that my noble friend will—regularly to ensure that progress is made on these initiatives and to hold the Government to account, as is right. In the Ministry of Justice, another department that I represent from the Dispatch Box, the National Offender Management Service, has started to collect statistics on Gypsy and Traveller prisoners, which, over the long term, will demonstrate outcomes. I am glad that I have been joined by my noble friend from the DWP because that department’s commitment to include Gypsies and Travellers in its internal monitoring systems will be met with the introduction of universal credit.
These ambitions are also enshrined in our planning policy for Traveller sites. This sets out up front that the Government’s overarching aim is to ensure,
“fair and equal treatment for travellers, in a way that facilitates the traditional nomadic way of life of travellers while respecting the interests of”
the community at large. As is the case with all communities, our planning policy asks local councils to plan to meet their objectively assessed needs for development in a way that is consistent with planning policy as a whole. Our policy promotes private-site provision and requires councils to identify and update a five-year supply of deliverable sites, and consider them against needs, as part of their local plan. Legislation requires that local plans take account of this policy. From March this year, where a local planning authority cannot demonstrate an up-to-date supply of sites, that should be a significant consideration in any planning application for temporary permission.
I can therefore reassure my noble friend that we as a Government have been absolutely clear that authorised site provision is key in planning effectively for travellers. When we look at issues such as health and education, some of the unauthorised sites are often not located in a way that is reflective of the needs of the local community and the needs of the Traveller community in terms of the provision of local services. In turn, sufficient, well planned and well managed sites are important in improving educational, health and integration outcomes for Travellers.
In support of this, we have provided £60 million Traveller-pitch funding through the Homes and Communities Agency to provide for new and improved sites. Similarly we are working closely with the Planning Inspectorate and Planning Advisory Service to promote high-quality plans, including in respect of Travellers. We are also seeing good progress towards local plan adoption, given that seven out of 10 local councils have already published their plans.
However, let me turn to matters related to enforcement against unauthorised Traveller sites, which caused my noble to raise this debate and to which he referred. While recent figures show that the number of unauthorised caravans has fallen—a point made by the noble Lord, Lord Beecham; only 14% are now on unauthorised land—the Government continue to hear about the problems associated with unauthorised Traveller sites and with long drawn-out and costly enforcement and eviction proceedings. Unauthorised development related to caravan sites often happens very quickly because caravans are mobile. Unauthorised provision is by definition inappropriate provision that often raises public health and safety concerns for those living on those sites, as well as for the surrounding community. Our policy makes clear that local councils should seek to reduce the number of unauthorised sites and make enforcement more effective. Intentional abuse of the planning system by a small minority of Travellers who set up unauthorised developments leads to tension, undermines community cohesion and damages the integrity of the planning system.
To ensure the legitimacy of the planning system, we have already introduced stronger enforcement measures through the Localism Act 2011 to enable local councils to deal robustly and effectively with retrospective and misleading planning applications in relation to all forms of development. Removing limitations on the use of temporary stop notices will further empower local councils to take appropriate enforcement action locally. As with other enforcement powers, temporary stop notices can have immediate effect. In most cases, the previous regulations prohibited local councils from using temporary stop notices against caravans used as a main residence. The new regulations simply remove this restriction and enable the local planning authority itself to determine whether the use of temporary stop notices is a proportionate response to the breach of planning control and safeguard valuable local areas.
The noble Baroness, Lady Whitaker, also highlighted specific cases and issues. It is down to the local authority to use these powers. I am confident that local authorities consider individual cases before they make a judgment call on whether to proceed. The change will encourage Gypsies and Travellers to apply for planning permission through proper channels, enabling full consideration of individual proposals, and result in better quality and more appropriate site provision for Gypsies and Travellers. I assure my noble friend that in exercising these powers, the local council as a public authority must have regard to its duties and responsibilities under the Equality Act 2010 and the Human Rights Act 1998, including to facilitate “the gypsy way of life” with regard to the Traveller community. In particular, it will need to consider whether taking such action could simply lead to displacing the occupants onto the roadside or onto other unauthorised sites which could potentially be less suitable. Again, I reiterate the point that local authorities acting responsibly within their legal requirements and obligations should make the decision which is right for the Traveller community and right for the community as a whole.
Perhaps I may pick a few other specific questions which were raised during the debate. My noble friend raised the issue on the guidance on temporary stop notices, a point also made by the noble Lord, Lord Beecham, in relation to legal aid. We confirm that the guidance on the use of temporary stop notices will be published in the summer, as part of the wider review of planning guidance. On the issue of no right of appeal against temporary stop notices, and also whether issues of legal aid are being tackled, temporary stop notices expire, as has been acknowledged during the debate, after a period of 28 days. Local councils will have to consider their duties under the equalities and human rights legislation in determining whether the use of a temporary stop notice is appropriate. In some cases, compensation may be claimed where temporary stop notices are served inappropriately.
I can also assure noble Lords that the Government’s proposed reforms to legal aid and judicial review are designed to ensure that those who can afford to pay, do so, to ensure that legal aid is not funding cases which lack merit, or which are better dealt with outside the court, and to target the unmeritorious cases which congest the courts and cause delays. Nothing in the Government’s reforms will prevent those who have arguable claims from having their claims heard. Indeed, the whole reforms are intended to protect the most vulnerable in society.
This is an important issue. I can assure my noble friend and all noble Lords that the Government are fully committed to consider our responsibility, and the responsibility of local authorities, to the Traveller community. I hope this debate has helped somewhat to illustrate an understanding of the Government's approach to this issue. I also hope it has reassured my noble friend that we share the same objectives in terms of improving outcomes for the Traveller community. The Government’s reforms have struck a careful balance between meeting the needs of the Traveller community while—and this is an important point as anyone who has served in local government will know—in considering and balancing the rights and merits of the Traveller community, it is also important to do so in the interest of the wider community as a whole. This particular measure will assist in ensuring that the planning system applies fairly and equally to all.
Lord Avebury
My Lords, in the few minutes that remain, I thank my noble friend the Minister warmly for his comprehensive reply to the points that have been raised in this debate; the noble Baroness, Lady Whitaker, whose invaluable work on Gypsies and Travellers is applauded by everybody; and the noble Lord, Lord Beecham, for the most important questions that he asked. We did get an answer on guidance; I understand from the Minister that it will appear before the Summer Recess. When the package of guidance on PPTS appears as promised, it will be part of that suite.
I am still very concerned that the victims, if I may put it that way, of temporary stop notices will have no right of appeal or a mechanism by which they can challenge the use of such notices. My noble friend rather avoided the questions about legal aid which both I and the noble Lord, Lord Beecham, put to him. However, since the order was first published, the fresh group of cancellations of legal aid affects this matter as well as many other important issues. The victim of a temporary stop notice will have no right of appeal or redress whatever and, as the noble Lord, Lord Beecham, said, he will face a huge fine if he fails to comply.
My noble friend also did not answer the question we put to him about the failure of the Department for Communities and Local Government to publish any statistics on progress towards the obligation on local authorities to provide by 31 March this year a five-year deliverable supply of land for caravan sites. We are now almost at the end of June, and as I have said, not a single authority has actually done this. My noble friend did not challenge that statement, not because he is unaware of the situation on the ground, but because DCLG does not bother to collect the statistics. I have to say that although I am grateful to my noble friend for setting out what the Government are doing in other areas, such as NOMS collecting statistics on offenders and the DWP collecting them on universal credit, that demolishes the argument put to me by Brandon Lewis that the department does not wish to collect statistics on the performance of local authorities in providing planning permissions because it would be a top-down approach.
On the amount of money that is available, a question also asked by the noble Lord, Lord Beecham, we applaud the £60 million that has been allocated by the Government for new sites and refurbishment. As I understood my noble friend, that was planned to produce 628 new pitches and 400 refurbished pitches by 2015. While my noble friend obviously cannot do it this evening, I hope that he will be able to tell me on another occasion how much of that money has been spent. Of the £60 million that has been allocated to local authorities and social housing agencies, has a single site been identified? If so, has planning permission been granted and what progress has been made towards the achievement that the £60 million is intended to produce?
Lord Ahmad of Wimbledon
Perhaps I may assure my noble friend and other noble Lords that I shall write in that regard after the debate.
Lord Avebury
That will be very helpful, and I am sure that the noble Baroness, Lady Whitaker, and the noble Lord, Lord Beecham, would also like to be informed about what is being done with the £60 million. I could have asked about what is to happen after 2015 because although the money will provide that number of pitches, it will not by any means cure the problem of unauthorised sites. As my noble friend said, the position has been improving, but it is not fully resolved. The reason people camp on unauthorised sites is not because they want to abuse the planning system, but because there is simply nowhere else they can go. I must say that until we have the properly delivered programme of sites which the Government set out in their policy on PPTS, we will still have a long way to go. In the mean time, I beg leave to withdraw the Motion.
Crime and Courts Bill [HL]
Debate between Lord Avebury and Lord Ahmad of Wimbledon(11 years, 11 months ago)
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Lord Ahmad of Wimbledon
My Lords, Amendments 106 and 107 will remove current restrictions to enable applications for judicial reviews in immigration, asylum and nationality cases, made either to the Court of Session in Scotland or the High Court of Northern Ireland, to be transferred to the Upper Tribunal.
As noble Lords may recall, the House has already considered this issue in relation to England and Wales in Committee when what is now Clause 20 was added to the Bill. I believe that it is fair to say that the Committee welcomed those provisions. Having discussed the matter further with the judiciary and the devolved Administrations in Northern Ireland and Scotland, we are now moving to replicate this provision across the United Kingdom.
The effect of these amendments would be to allow more judicial reviews on immigration, asylum and nationality matters to be heard by Upper Tribunal judges with specialist immigration knowledge and would free up judges in the Court of Session and the High Court in Northern Ireland to deal with other complex civil and criminal work.
Amendment 108 also aims to ensure consistency in the justice systems across the United Kingdom by reintroducing the second-tier appeals test for applications to the Court of Session to appeal against a decision of the Upper Tribunal. The rule of court which introduced this test in Scotland was found to be ultra vires in a decision of the Inner House and, as a result, the rule was revoked by the Lord President. The test requires that, in order for the Court of Session to grant permission to appeal, it should be satisfied that the proposed appeal raises an important point of principle or practice, or that there is some other compelling reason to hear the appeal.
My noble friend Lord Avebury has tabled two amendments seeking to limit or remove the second-tier appeal test in nationality and immigration cases. I do not wish to prejudge what my noble friend has to say and I will, of course, respond in due course, when we come to the next group. However, as Amendment 108 suggests, the Government fully support a second-tier appeals test throughout the United Kingdom.
In summary, the Government believe that where an appeal has been heard and determined by both the First-tier Tribunal and the Upper Tribunal, it seems entirely appropriate that the test to take the matter to a third judicial body should be high. Furthermore, the test is designed to manage effectively the flow of cases to the Court of Appeal and ensure that the court’s attention is focused on the most important cases.
As I have indicated, Amendments 106, 107 and 108 will ensure that there is a consistent framework across the United Kingdom and will remove the spectre of forum shopping between jurisdictions. I therefore beg to move.
Lord Avebury
My Lords, can my noble friend confirm that these provisions concerning Scotland will be the subject of a debate on a Sewel motion in the Scottish Parliament? Your Lordships may recall that when we debated the Bill that became the Borders, Citizen and Immigration Act 2009 in your Lordships' House, the Court of Session stated very clearly in its response to the government consultation, Immigration Appeals: Fair decisions, Faster justice, that it regarded the proposed transfer as premature. The Scottish Government had expressed similar concerns and had asked the UK Government not to proceed with the change at that time. I would be most grateful if my noble friend could respond to that point.
Lord Ahmad of Wimbledon
My Lords, Amendments 106 and 107 would not in themselves lead to any cases being transferred from the Court of Session or the High Court of Northern Ireland to the Upper Tribunal. It is simply an enabling power. In Scotland, an act of sederunt would need to be made by the Lord President, with the agreement of the Lord Chancellor, before any class of judicial reviews could be transferred from the Court of Session to the Upper Tribunal. The Court of Session will continue to have the discretion to transfer other applications for judicial reviews relating to reserved matters not specified in the act of sederunt by order.
I say to my noble friend that the same is true for Northern Ireland. Before the transfer of a class of judicial review cases from the Northern Ireland High Court to the Upper Tribunal, a direction would be made. As such, a legislative consent motion would not be required.
Lord Ahmad of Wimbledon
My Lords, as my noble friend Lord Avebury has explained, his Amendments 108ZA and 108A also relate to the second-tier appeals test. These amendments seek to remove immigration and nationality appeals, or alternatively those relating to the Refugee Convention or the European Convention on Human Rights, from the scope of the second-tier appeals test. We debated similar proposals in Committee on 4 July.
As my noble friend Lady Northover said at that time, the Government fully appreciate the serious nature of these kinds of appeals, as do the courts. In fact, the immigration and asylum chambers in the First-tier Tribunal and Upper Tribunal were created expressly to deal with these matters and are composed of judges who are experts in this particular area. The Government remain satisfied that they provide the expert rigorous scrutiny that is required in appeals of this kind.
It is therefore the Government’s view that it is neither necessary nor desirable to make it easier for appeals to continue on to a third judicial hearing, unless there is a very good reason for doing so. The test which is applied at present is either that the proposed appeal would raise some important point of principle or practice, or that there is some other compelling reason for the relevant appellate court to hear the appeal.
Removing the test in these cases could see the Court of Appeal in receipt of a high volume of cases which would not have been granted permission under the second-tier appeals test and which may further slow down decisions on some of the most important cases heard there. The test allows judges to determine which cases have a compelling reason to reach the Court of Appeal, a situation which the Government are keen to see continue.
My noble friend also raised the issue that the Court of Appeal in PR (Sri Lanka) ruled that the second-tier appeals test did not allow permission to appeal for individuals facing torture or death on their return to their country of origin. The judgment in this particular case upheld the current system and the suitability of the Upper Tribunal to make decisions on matters of this nature. The judgment specifically states that:
“The two tiers of the Tribunal system are, and are plainly to be regarded as, competent to determine matters of this kind”.
It then goes on to say:
“In short, there is no case for contending that the nature of an asylum-seeker’s case which has failed twice in the Tribunal system is a compelling reason for giving permission for a further appeal”.
These cases have already been heard in the most appropriate part of the system and the second-tier appeals test allows sufficient discretion for judges to grant permission to appeal where they see that there is a compelling reason to do so.
My noble friend Lord Avebury is someone who I personally regard as a great champion of human rights and he is someone who has stood firm in ensuring that, where there is torture across the world, people who come to this country are fully protected. I totally align myself with the sentiments that he has expressed. However, the position of the Government is clear. Finally, I would add that the courts have been clear that there is no reason to believe that the United Kingdom would be in breach of any international obligation if appeals from the Upper Tribunal are available only under the second-tier appeals test.
I would therefore urge my noble friend to withdraw his amendment.
Lord Avebury
My Lords, I am most reluctant to withdraw the amendment, but I can see that at this point in the Bill it would be purposeless to press the matter to a Division. I can say only that I am really disappointed in the reply that I have had from my noble friend. I am sure that I am not going to be the only one to feel that emotion. I know that the Immigration Law Practitioners’ Association has submitted a detailed argument on this matter to the Government as well to your Lordships who are likely to take part in this debate. I do not feel that adequate justice has been done to the force of its arguments. But, as I say, I do not see any reason why I should press this to a Division this evening. I therefore beg leave to withdraw the amendment.