Tower Blocks: Cladding

Lord Beecham Excerpts

Tuesday 22nd January 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, as ever, I thank my noble friend for a timely and helpful intervention. While his question related specifically to private residential buildings, I do not want to miss the opportunity of saying that in the public arena and the social sector, we have made £400 million available for remedial activity. I agree with what he says; that is part of the process the Secretary of State is engaged in. We are very aware that we need to complete this process. We want to do it with the assurance that leaseholders will not pick up the bill. That would be morally unacceptable, as we have indicated. I pay tribute to the many private companies that have come forward to say that they will sustain the financial cost of this position. We need to encourage, cajole and ensure that others do the same.

[Lord Beecham (Lab)]

My Lords, first, I refer to my local government interests, recorded in the register. Secondly, I query the arithmetic which says that of 268 privately owned buildings, 212 have been started or completed, and 42 remain. Should that not be 56? If not, what happened to the other 14? More seriously, the Statement avers that local authorities have the power to complete the works and recover the costs from the owner. If they are unable to recover the costs from the owner, will the Government fund the work?

[Lord Bourne of Aberystwyth]

I thank the noble Lord for the points he has raised; I too questioned the mathematics. I will write to the noble Lord to confirm the position, but I think the other 14 are made up of hotels and other types of buildings that are not private residential buildings.

Housebuilding: Target

Lord Beecham Excerpts

Thursday 20th December 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I very much agree with the noble Lord about the importance of off-site construction. We are very much looking at encouraging that and giving it a boost in garden communities. The noble Lord will be aware of the growth in the market for modern methods of construction. We have a lot of domestic producers, which is a double win. It encourages not just more houses to be built, and fairly quickly, but also British jobs, so I very much agree with his sentiment.

[Lord Beecham (Lab)]

My Lords, I refer to my interests as a vice-president of the Local Government Association and a member of Newcastle City Council, which in the first year I was elected built 3,000 council houses. Affordable social housing rents are defined as 80% of market rents, which are inflated. Will the Government review that unrealistic definition of what is affordable and will the Minister indicate how many of the 300,000 houses envisaged by the Government will be built by local authorities or housing associations?

[Lord Bourne of Aberystwyth]

My Lords, I acknowledge the distinguished service of the noble Lord—over 51 years, I believe, in Newcastle. We obviously face very different challenges from those in the years when the noble Lord was first elected. That said, I accept that these new challenges mean that we have to consider different tenures and ways of delivering. He will have noted what I said about raising the housing revenue account, which will to help bring forward a new generation of council housing in Newcastle and elsewhere. I note what he says about affordable housing, but it is a preferred measure to press ahead and tackle what is a very important challenge, which we all acknowledge.

Tenant Fees Bill

Lord Beecham Excerpts

Report stage (Hansard): House of Lords
Tuesday 11th December 2018 Lords Chamber

[Lord Shipley]

My Lords, the Minister referred to what I said at Second Reading and he is entirely right. I welcome Amendments 3 and 4. They are hugely helpful because they give local housing authorities the flexibility they need to do their job properly, and for that reason they have our support.

[Lord Beecham (Lab)]

My Lords, I join the noble Lord, Lord Shipley, in supporting these government amendments. It certainly is an important function for local authorities. I have to confess—and I refer to my interest as a sitting local councillor—that I am not entirely sure where the funding for this comes from. Do the Government support this financially, or is it left entirely to local authorities? In the latter event, will he look into the extent to which authorities are financing this important element of support for tenants? We certainly support both amendments.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords, Lord Beecham and Lord Shipley, for their support. I will write to the noble Lord, Lord Beecham, but I suspect that this money comes from local authorities—although of course it finds its way from successive Governments. I suspect that this is part of their functions, but I will certainly cover that in a letter, if I may. The noble Lord never misses an opportunity to focus on an issue such as this, and I will be very pleased to respond to him.

Housing: Accessibility

Lord Beecham Excerpts

Tuesday 4th December 2018 Lords Chamber

Asked by

[Lord Beecham]

To ask Her Majesty’s Government what assessment they have made of objections raised by the Home Builders Federation to proposals from some local authorities to set targets for accessible or adaptable new-build houses.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, we want to build more accessible homes that meet the needs of older and disabled people. Government policy provides a clear and robust framework to support the delivery of accessible housing. Building regulations already require minimum standards of accessibility for all new dwellings. The Government intend to publish new planning guidance on housing for older and disabled people before Christmas and are scoping a review of the accessibility provisions in the building regulations.

[Lord Beecham (Lab)]

My Lords, at a time of growing concern about the support required by an increasing number of elderly people as life expectancy grows, the Home Builders Federation is objecting to councils seeking to set new targets to increase the number of homes with room for wheelchair users and that can be adaptable. Given that this is a highly profitable industry where 400,000 permissions to build are as yet unimplemented, what action will the Government take to assist local authorities to ensure, through the planning system, that sufficient housing is provided for people with homes suited to their needs?

[Lord Bourne of Aberystwyth]

My Lords, first I pay tribute to the people who yesterday supported the International Day of Persons with Disabilities. Many buildings in both the public and the private sectors were lit up in purple for that purpose. I agree with the general thrust of the noble Lord’s question. As I say, the Government are very clear on this. For the first time in the planning guidance within the NPPF, we have made it a responsibility to take care of the interests of older and disabled people. As I say, planning guidance in support of that will be out before Christmas. We are reviewing Part M of the building regulations, which again is a crucial issue in relation to M4(2). That is also to be published in the new year, I think.

Kindertransport Commemoration

Lord Beecham Excerpts

Monday 26th November 2018 Lords Chamber

[Lord Beecham (Lab)]

My Lords, this has been an exceptionally moving debate. As the grandson and great-grandson of people who sought refuge in this country in the late 19th century to escape the hostile environment in which the Jewish communities of eastern Europe struggled to live normal lives, I of course share the profound sympathy for those children who, unlike those who were saved by escaping to the United Kingdom via the Kindertransport, perished in the Holocaust.

I congratulate my noble friend Lord Dubs—himself, as we have heard and know, a beneficiary of the Kindertransport who has been a truly powerful advocate for decades for those in most need of safety and support—on securing this debate. It is right to celebrate what was done 80 years ago, an anniversary recently marked by the revelation, as we have heard from the right reverend Prelate the Bishop of Durham, that Clement Attlee, then leader of the Opposition, took a young Kindertransport boy into his home, characteristically without seeking any publicity for his action.

The world has seen and, alas, continues to see too much young, innocent blood spilled with ruthless indifference in wars between and within countries—sometimes in the name of religion or nationality, but always with shameless disregard for human life and well-being. Think of Syria, with 500,000 dead and millions displaced, or the conditions now faced by 1 million Rohingya in Myanmar. Often, people flee not only from the brutality of war but from the hardships engendered by poverty, hunger and disease, or in search of the freedom to practise their own faith, or to escape regimes that deny freedom of thought and speech, ruthlessly dividing the societies they purport to govern. How we react to the problems faced by these innocent victims is a measure of our claims to uphold human rights and needs to be assessed at international, national and local levels.

Much has been said about our national policy but I want to report briefly, as an illustration, on the situation in my own city of Newcastle. Just as members of my family settled there 130 years ago, some 64 families, comprising 267 individuals, of whom 145 are children—the majority escaping the carnage and horrors of Syria —have been resettled in the city by the city council, with a commitment to resettle another 27 families by the end of the current scheme in 2020. The numbers also include families from Sudan, Iraq and Eritrea.

Further, children’s social care is currently supporting eight unaccompanied asylum-seeking children, out of a total of 20 anticipated from 11 countries, who are now considered care leavers, having attained the age of 16. In addition, the council is discussing with the Home Office arrangements to receive six more Eritrean unaccompanied asylum-seeking children over the age of 16, who are currently in France, under the arrangements secured by my noble friend Lord Dubs under Section 67 of the Immigration Act. This, of course, will be mirrored in many other towns and cities.

However, while the council receives financial support from the Government for these asylum seekers, it receives no such support for the 1,062 asylum seekers housed by G4S and its subcontractor Jomast, whose performance in this area has given rise to concerns about the quality of the accommodation and the number of people housed under a single roof. Have the Government made any estimate of the cost to local authorities, schools and the NHS of support for these large groups and, if not, will they do so as an addition to their impending review of unaccompanied asylum-seeking children funding, an important but discrete issue? What efforts are the Government making to diversify the distribution of asylum seekers and displaced children across the country so that the cost of supporting these unfortunate people and assisting their assimilation into local communities is fairly shared?

The record so far is encouraging, but in the world we now live in, in which racism is apparently on the rise—not least in eastern Europe, Italy and the White House—the spirit of the Kindertransport needs to be rekindled.

Citizenship and Civic Engagement (Select Committee Report)

Lord Beecham Excerpts

Monday 19th November 2018 Lords Chamber

[Lord Beecham (Lab)]

My Lords, I begin by joining other noble Lords in congratulating the Select Committee on publishing its timely and wide-ranging report on issues going to the heart of our society and its democracy. Of course, I also join them in paying tribute to the noble Lord, Lord Hodgson, for both his chairmanship of the committee and his presentation tonight.

At a time when there is growing concern about the political process—an essential component of our democracy—stemming in particular from the use, or rather misuse, of social media, it is imperative to promote an understanding of how our system works and how people can engage with it at all levels. This is especially important for young people. The report makes several recommendations to which the Government’s response is frankly disappointing.

The key recommendation that citizenship education should be a requirement across the age range of pupils is effectively dismissed. Academies, which are increasingly taking over the management of schools, are required only to,

“teach a broad and balanced curriculum and promote fundamental British values”.

Those values are not defined, although this vague assertion is made:

“Academies may therefore choose to teach Citizenship to fulfil these duties”.


Clearly, many may not.

The idea of embodying a requirement to provide citizenship education is dismissed, partly on the almost laughable basis that:

“The national curriculum was comprehensively reviewed … in 2013 and, in April 2018, the Secretary of State … committed to making no further reforms to the national curriculum in this parliament”.


The Government’s complacency is reflected in their observation that,

“there is a statutory requirement on”,

Ofsted,

“to consider how schools support pupils’ spiritual, moral, social and cultural development. This includes consideration of a number of factors which are relevant to citizenship”.

They dismiss the recommendation that there should be,

“enough trained citizenship teachers to have a … specialist in every secondary school”,

with the curious assertion that:

“We do not impose a limit on the number of trainee teachers in citizenship that are recruited for initial teacher training and it is for head teachers to decide how to best deliver their curriculum”.


The fact that in so many schools head teachers struggle to recruit and retain staff, especially in areas where they are most needed, is completely ignored.

The same complacency is embodied in the reaction to the recommendation:

“The Government should establish citizenship education as a priority subject for teacher training, and provide bursaries for applicants”.


Priority is given instead to questionable EBacc subjects and citizenship trainees are left to secure tuition fee loans and maintenance loans to “support their living costs”. What estimate, if any, has the department made of the impact of this approach on the relative numbers of recruits to each category?

A rare tribute should be paid to the decision to adopt,

“a new Specialist Leader of Education specialism”—

a curious tautological expression—but it is deeply disappointing that the department dismissed the recommendation:

“Ofsted should … review … the current provision and quality of citizenship education”.


It is also disappointing that the Government dismiss out of hand the critical, in every sense, recommendation 16, which asserts:

“The Government has allowed citizenship education in England to degrade to a parlous state. The decline of the subject must be addressed in its totality as a matter of urgency”.


It is crucial that our young people in particular are encouraged to participate in our politics at both a local and national level. I speak as someone who started canvassing in a council by-election at the age of 15. I recall finding a keen Labour supporter and, when talking to her on the doorstep, saying that it was great to meet a keen socialist—which drew the response, “Ee no, pet, I’m Labour”. A slightly different experience occurred three or four years later while canvassing in Oxford when the householder said that he was not voting for the Conservative, Labour or Liberal candidate and, when asked why, replied that he was a Jehovah’s Witness and would vote only for a heavenly candidate. I could not persuade him that our candidate qualified.

For those who are not compelled by their religious beliefs, it is time that the voting age was reduced to 16, as it has been in Scotland and as was advocated by Labour in the 2015 general election. Citizenship education would have an important role in preparing the younger generation actively to participate in the democratic process, especially at local government level, where decisions about local issues and services impinge so largely on their lives and futures. I differ from the report on this, on which the recommendation is to consider lowering the voting age only when the,

“recommendations on citizenship education are accepted and implemented”.

Accepting the change would, in my submission, incentivise progress in citizenship education.

In this context, the report’s recommendations relating to the promotion of electoral registration would also have a bearing. I support the proposed piloting of assisted registration in a number of schools and FE colleges, which, if successful, could lead to a requirement for schools, FE colleges and providers of apprenticeships to assist the election registration service.

There are some other interesting proposals relating to democratic engagement, not least the call for local authorities, health bodies and other public agencies to bring the public and, significantly, especially marginalised groups into the decision-making process, with a specific recommendation to restore the access to elected office fund, which gave grants to disabled candidates. Perhaps the Minister could comment on the Government’s attitude on that.

The All-Party Group on Democratic Participation quotes academic research which found that National Citizen Service graduates,

“often equate citizenship solely with volunteering”—

that is, responsibilities rather than rights—and pointed to the significant scope for the NCS to foster more meaningful engagement with politics in general. We are all aware of the disappointing level of turnout in elections, national and local. In council elections it is rare for turnout to exceed 40%—often, alas, it is significantly less. Yet the decisions made by local councils, ranging as they do from strategic policies on major local issues affecting the local economy to key services such as housing, public health, social care, children’s services and much more besides, impact on the whole community, including of course the young. They should be encouraged to take an interest from an early age so that, as they mature, they can influence and, hopefully, participate in local government.

The future health of our democracy depends on the engagement of the young, but we must not neglect the necessity to engage with other sections of society. These range from the elderly—I declare an interest, having reached my 74th birthday on Saturday—to other groups, for example people with health issues and, in a multi-ethnic society, as we have heard, those belonging to different faith groups. Such an approach needs to be promoted in relation not just to civil rights and access to the services and support provided by government, national and local, but to access to justice.

For people for whom English is not their first language, the Government’s response to the committee’s recommendations on ESOL—English for speakers of other languages—will be disappointing, as the noble Lord, Lord Greaves, mentioned. The Government decline to restore ESOL courses combined with citizenship courses as recommended, merely stating that materials continue to be available. Critically, they fail to adopt the committee’s crucial recommendation that ESOL’s funding should be restored to 2009-10 levels by 2019-20.

The last recommendation to which I wish to refer is that which applies to the charges for naturalisation. The report quotes the evidence of the Deputy Mayor of London, who averred that half of the £1,200 fee was profit. Astonishingly, even bigger profits are engendered from the fees levied on children registering their entitlement to naturalisation, as mentioned by the noble Lord, Lord Russell. The committee criticises the making of excessive profits out of the naturalisation process and avers that the fee should be much closer to the actual cost of the process and the ensuing citizenship ceremony. While the Government’s response indicates that the fees enable some applicants not to be charged, this seems to be another example of charging in general more for a government service than the actual cost—something we are apparently to see again with the revived proposals for substantial increases in probate fees.

Finally, will the Government enter into discussions with the Local Government Association and the devolved Administrations on the report and the response to it? The issues raised in it and reflected in today’s debate affect communities across the country. National, devolved and local government need to work together in the interests of society as a whole to engage with the important issues it identifies.

Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018

Lord Beecham Excerpts

Tuesday 30th October 2018 Grand Committee

Finally, we have considered the public consultation carried out by the three North of Tyne authorities on the proposals, and we are satisfied that no further consultation is needed. I can confirm to the Committee that we believe that the conditions have been unambiguously met and therefore seek the approval of the Committee to this draft order today. In short, when it is approved and made the order we are considering, which has already been approved in the other place, will establish a mayoral combined authority to which will be devolved wide-ranging powers and significant budgets. It opens the door to a new era for the area to promote economic growth, to improve productivity and, as the area itself believes, to lead to the creation of 10,000 jobs. I therefore commend this order to the Committee and I beg to move.

[Lord Beecham (Lab)]

My Lords, I refer to my interest as an elected councillor in Newcastle, and one who will be seeking re-election next May. Next Sunday will be the 14th anniversary of the referendum on the proposal at that time to create an elected regional authority for the north-east. Forty-eight per cent of the electorate cast their votes and, I am sorry to say, resoundingly rejected the idea by 77% to 23%. Disappointing as it was to those of us who saw in the concept a real opportunity to create a body capable of promoting the interests of the region as a whole, the result was not a great surprise. Local rivalries have never been confined to the football pitch.

In the mid-1960s, at a time when local radio was being promoted by the BBC, the then leader of Gateshead Council declared that nobody in Gateshead could possibly be interested in anything broadcast from Newcastle. In the mid-1990s I wrote a paper advocating the establishment of a north of England councils’ association, incorporating the counties of Northumberland, Durham, Cumbria and Tyne and Wear—the latter of which has since vanished—and their constituent city and district councils. Knowing that if such a proposition was seen to have emanated from Newcastle its prospects of success would have been negligible, I passed it to the then leader of Northumberland County Council, who circulated it without attributing its source. The association was accordingly established with Hugh Little of Cumbria as its first chairman. When Cumbria departed, it became the North East Assembly and when Tees Valley in turn departed, it became the Association of North East Councils.

It is unfortunate that the four councils south of the Tyne have so far declined to join the new combined authority—I should add that part of Northumberland is south of the river but will be within the boundaries of the new authority. I can understand some of their concerns. The new structure will be led by an elected mayor, a requirement imposed by the Government on all new combined authorities. Newcastle itself voted 62% to 38% against having an elected mayor when it was compelled to hold a referendum—for just the city itself—in 2012. This time, people are being denied a voice completely on that issue.

Moreover, the much-vaunted investment by the Government of £600 million over 30 years, which is all of £20 million a year shared between three councils, is frankly pitiful. Newcastle alone is facing cumulative cuts which, by next year, will amount to £280 million annually, and there is no suggestion from the Government that there will be any benefits flowing our way under any changes in the local government finance system. The same would apply to the neighbouring authorities.

There are, however, some promised changes which are welcome. These include local control of the budget for adult education, with enhanced powers to promote development, and a joint committee to manage public transport. Can the Minister say whether the latter will include a role in relation to rail transport, including the east coast line? Can he give any assurances about the future of the region’s airports? If, as has from time to time been suggested, the Scottish Government abolishes air passenger duty, will the region’s airports, and in particular Newcastle Airport, be able to follow suit?

On the housing front, I understand that the current chairman of Homes England is to chair a housing land board. Can the Minister explain how this will work in relation to the role of the councils in the provision of social housing? Will it be possible for the councils to provide more social housing for rent? Who will determine the size and nature of local housing provision and the provision of the necessary services for residents?

There are ambitious claims for job creation and new housing, with apparently 9,500 people to be helped into employment and 10,000 houses to be built. Can the Minister indicate over what period these goals are expected to be achieved? How many of the 10,000 homes will be provided respectively by local authorities, social housing providers and for sale?

Transport is an important issue for the whole region. It is to be hoped that both the new combined authority and the four councils which will remain from the existing authority will continue to work together through the joint transport committee.

The Metro, which serves Newcastle, North and South Tyneside, Gateshead and Sunderland, is a critical service covering all the authorities in the currently established set-up. There is clearly a potential to expand the service, not least to the west end of Newcastle, one of whose wards I represent. Will the department invest in this important area? It is a modest task in the light of the vast amounts being spent on Crossrail and HS2.

Will the Minister’s department put pressure on the Department for Transport to tackle the dreadful performance of the laughably misnamed TransPennine Express in the service between the north-east and the north-west, a more important project in the eyes of many of us than HS2?

The region is one of 10 bidding for funding from the £1.7 billion transforming cities fund. Six mayoral authorities have already shared £840 million. Given the problems facing the north-east, which are threatening to worsen after Brexit, it is vital that we secure investment of this kind. I understand we are looking for funding in the range of £50 million to £100 million. I hope the Minister will support our bid from the region.

There are some issues which cross the boundaries between the new combined authority and the four south of Tyne authorities. Two further education colleges, on either end, in effect, of the Tyne tunnel, are now combined. One will be in each of the two combined authorities hereafter and I am not clear what the implications of that will be. I do not know whether the noble Lord is in a position today to respond to that. He may need to consult the Department for Education. However, there will be services which cross the river, as it were, which will not apparently be affected directly by the new authority structure and there will have to be arrangements to deal with that.

It is similar in the National Health Service. We have, for example, a Newcastle and Gateshead clinical commissioning group which also crosses the boundary of what will be the two combined authorities. Is it envisaged that any change will be made in the NHS area, given the changing boundaries within local government and the important connection between local authorities’ social care provision and the NHS?

The justice system is another area which merits consideration, especially the probation service, which hopefully is to be restored as a single service in the light of the systemic failings of the split between probation and Chris Grayling’s community rehabilitation companies. Will the combined authority have oversight of both the custodial and probation services in its area and, indeed, of the court system, where court closures are having a serious impact on the working of the courts? It may well be that at least oversight of these areas could well be placed within the province of the new combined authority.

Many of us are hoping that, whatever doubts we may have about aspects of the changes in bodies in the order, they will help the region to address the serious problems it faces, constantly exemplified for me by the presence in the council ward that I have represented for the past 51 years of the busiest food bank in the country. I look forward to the evolution of a North East Combined Authority with the determination and resources to help transform the life chances of our citizens. I endorse the conclusion of the Secondary Legislation Scrutiny Committee’s report:

“It will be important that all involved keep under review the success of cooperation between the new mayoral Combined Authority and the other councils, against the objective identified by DCLG in 2014 of promoting more effectively economic growth and prosperity for the area concerned; and that the Government should be ready to adapt arrangements in the light of experience”.


We are in a period of change. There is real potential for improvements to be made, but it will not be enough simply to rely on that reorganisation, not least in relation to the necessary funding to address the very serious economic and social problems that the area faces. This is a step forward. There is still a long way to go to transform the life chances of people living in the north-east, and in particular in the area covered by these changes.

[Lord Shipley (LD)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Beecham, in a debate. He reminded us of the history of devolution and of some of the current problems in public investment and governance across the wider north-east. I agree with him that this proposal is a step forward. He used the word “unfortunate” to describe the fact that the four councils south of the Tyne have refused to take part. I think I might have used a stronger word, but for the moment “unfortunate” will do. Indeed the Secondary Legislation Scrutiny Committee said:

“Progress towards establishing a mayoral Combined Authority in this part of the North East has not been straightforward”.


Let us all agree with that. I have been very critical of this and of the failure of local councils across the wider combined authority area to speak with one voice. As the Secondary Legislation Scrutiny Committee reminded us, key business stakeholders appear to view the latest proposal as a second-best option. It is the only option on the table. It is a second-best option, but the final sentence in the Secondary Legislation Scrutiny Committee’s comment is,

“the Government should be ready to adapt arrangements in the light of experience”.

I very much hope that the Minister will be willing to confirm that that is exactly what the Government plan to do.

I support this proposal because I believe that the north of the Tyne should not be left behind because of the approach taken south of the Tyne. Indeed, there are powerful combined authorities elsewhere across the north of England that have mayors. They give focus to strategic planning and to the delivery of growth, jobs, higher education and skills standards. For that reason this proposal should be supported. It is a very great pity that the area to the south of the River Tyne decided not to take part.

The Minister referred to the transport arrangements. It is true that the current structure will remain in place. There will be a statutory joint authority to bring all the councils and passenger transport executives together on key issues. The seven local authorities are said to be confident that these arrangements will work. Well, they need to work. There will have to be an agreed clarity of purpose for the whole subregion, because this could come unstuck when a critical decision has to be made.

Pittsburgh: Synagogue Attack

Lord Beecham Excerpts

Monday 29th October 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I agree with the sentiments expressed so well by my noble friend. This morning I spoke to the Chief Rabbi’s office, which has described the response of British communities around the country as, “heartening and reassuring”. It is important that we stand united against this hatred. It has been heartening that other religious communities, particularly the Muslim one, have been leading crowd funding for the victims of Pittsburgh. I repeat: we will not let hatred win.

[Lord Beecham (Lab)]

My Lords, the House will congratulate the noble Lord for tabling this Question. All noble Lords, and most of the population of this country, were horrified at the tragic loss of life and the irrational hatred which inspired it. Thankfully, this country does not have a gun culture, nor a Government who believe that the answer is to equip places of worship with weapons—in a country which has more guns than people. We welcome the support that the Government currently give to the Community Security Trust, which helps to achieve safety and security not only for the Jewish community but for the Muslim community and other minority communities. I invite the Government to consider making statutory provision for something which is now Labour Party policy and would be acceptable across our political system: an emphatic repudiation of the violence and hatred which have disfigured life in America and taken so many lives.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord for his contribution. The Community Security Trust is specifically for the Jewish community. Other vulnerable places of worship fund their own protection, but the noble Lord is right that we look at this across the piece. We are well aware of the importance of that protection and the Government have given particular heed to it over the years. He is also right about arming people: let there be no doubt that the more arms there are, the more danger there is. This was pure evil and it needs to be called out as such.

Property Guardians

Lord Beecham Excerpts

Monday 15th October 2018 Lords Chamber

[Lord Beecham (Lab)]

My Lords, I refer to my local government interests as an honorary vice-president of the Local Government Association and a councillor in Newcastle. I join the noble Lord, Lord Shipley, in congratulating the noble Baroness, Lady Jones, on bringing this important issue to the attention of the House—such as it is composed of this evening. She is initiating a debate that will go rather wider than the small number of Members here tonight.

I first came across the concept of property guardians, as the noble Lord, Lord Shipley, indicated, in February 2016 during the passage through the House of the ill-fated Housing and Planning Bill. At that time, it was estimated that some 4,000 people were living as property guardians, often at high prices and, increasingly, in unsuitable living conditions. The properties involved were frequently disused former commercial buildings, often awaiting sale or major alterations. A Durham University academic, in the course of looking into the issue at the time, found one space formerly occupied by three people that was then occupied by 15. Properties used for this purpose, ostensibly to ensure that they were not vandalised, often had limited kitchen and sanitary provision and their owners paid no business rates.

I urged the then Minister, the noble Baroness, Lady Williams, who confessed to not being briefed on the issue, to bring forward an amendment to the Bill. She wrote to me and confirmed that,

“property guardianship schemes have a range of drawbacks”,

adding that buildings,

“may be in unsafe condition with inadequate physical security”,

and that guardians can be,

“required to leave at short notice”.

However, all that the Government proposed to do was to,

“publish a short factsheet on its website which explains that the Government does not endorse the schemes, that buildings may frequently be unsuitable to be used as accommodation and that an occupier of such buildings has very few rights”.

In Committee she said:

“The Government do not support the schemes”,—[Official Report, 9/2/16; col. 2223.]


but did not believe it was appropriate to apply the relevant parts of the Landlord and Tenant Act to guardianship agreements.

The noble and learned Lord, Lord Mackay of Clashfern, expressed sympathy with my view and wondered,

“whether it is possible to build something satisfactory on a foundation so unsatisfactory as a guardianship scheme for residential property”.—[Official Report, 11/4/16; col. 111.]

Alas, he still voted with the Government and my amendment to apply the Landlord and Tenant Act provision for human habitation and repairing obligations was defeated.

We now have between 5,000 and 7,000 people living as property guardians, mainly in London, as we have heard, no longer just young people looking for a cheap place to live and work for short periods but now up to 60 years of age and older and apparently staying for much longer than used to be the case—and still without the protection afforded by an assured shorthold tenancy.

The London Assembly’s housing committee report, published last February and referred to by both noble Lords, identifies many concerns, not least in relation to the condition of the properties: 22% relating to repairs and maintenance and 37% cited mould and condensation. The guardians are either unaware of or too worried to seek support from the local authority’s powers to address those issues. They even have to pay for fire safety equipment. For this far from satisfactory provision, York University has discovered that guardians pay an average of 37% of their income, which, in turn, averages £24,800 a year—the latter being significantly lower than the average for tenants of private rented property in London.

The Assembly report identifies a problem in that, where a commercial building is used for guardians, they have to pay commercial rents for utilities, phones and internet access, which can be much higher than for residential properties. In addition to regular costs of that kind, they may face difficulties in securing the return of deposits and, in addition, fork out an average of £148 for references, fire safety checks and criminal record checks.

It is also disturbing that some licensing agreements bar guardians from raising concerns about the property even with the owner, let alone the local council or, tellingly, local media. The report recommends that the mayor and the department should provide guidance about the legal rights of guardians and where they can access help. It would be even better if they could obtain legal aid and advice, although of course this is effectively limited in housing cases to eviction and repossession cases. Of course, any such recommendations would apply also to places other than London.

It is not just guardians who are affected by the system. The London report points out that guardianship can save owners up to £2,000 per week compared to engaging professionals, as well as reducing insurance costs. Of course, owners of properties with resident guardians will save the cost of council tax and empty business rates—up to as much as 90% for the latter. This is an issue which the Government should also look into.

The report makes a number of recommendations for the oversight and improvement of the sector in the context of a better system of regulation, citing the examples of the Netherlands—already been referred to by the noble Lord, Lord Shipley—and France. Crucially, the London report calls for clarification of what the Housing Act 2004 applies to property guardian premises and, if not, for the Government to bring forward the necessary legislation. Will the Minister undertake to look into these and other issues raised tonight and report back?

It is only fair to say that some businesses in this growing industry are adopting a responsible approach, as referred to by the noble Baroness in moving her Motion. Seven leading companies in the field, which provide 5,000 places—some 80% of the sector—have formed the Property Guardian Providers’ Association, aiming to promote, monitor and ensure safety standards and regulations are adhered to or exceeded by its members, securing temporarily vacant properties and providing safe and viable low-cost accommodation. In addition, it is issuing a set of benchmark standards, including: a redress scheme, under which a guardian can take a complaint to a redress panel; security payment protection, requiring members to prove that they have set up separate guardian accounts for payments and comply with rules for handling the accounts; and prescribing transparency of fees. I suggest that the Government should consult the association about developing a common standard for the whole sector and make this a condition of a licence to provide property guardianship schemes.

Guardianship should be limited to the type of property originally exemplified, where the notion of guardianship implies a temporary usage pending redevelopment for a non-housing use, and not extend to ordinary residential properties, for which of course, lamentably, there is already large unsatisfied demand. Those properties ought still to be available for either owner occupation or rent; as opposed to what was originally thought to be temporary occupation, where guardianship relates to non-residential buildings left vacant until such time as they came into use again.

Tenant Fees Bill

Lord Beecham Excerpts

2nd reading (Hansard): House of Lords
Wednesday 10th October 2018 Lords Chamber

[Lord Beecham (Lab)]

My Lords, I refer to my interests in the register as a vice-president of the Local Government Association and a Newcastle City councillor. The ward I represent has a number of private rented properties, many of which were former council houses that were sold under the right to buy and now have people living in them paying considerably higher rents than would have been the case had they remained council properties.

However, this is a well-intentioned Bill that received broad support in the Commons and has been generally welcomed in this Second Reading debate. I was particularly interested in the contribution of the noble Baroness, Lady Jenkin. It was extremely informative and I have no doubt that she will talk to her ministerial colleague and friend. I hope that the Government will listen and see whether the points she made can be incorporated in the Bill as we proceed.

There are, in any event, a number of issues that need to be addressed or clarified, some of which, in addition to the noble Baroness’s point, have been identified today. One critical matter is funding, mentioned just now by the noble Lord, Lord Shipley. The Government’s commitment to provide £500,000 in the first year of the new regime to support enforcement activities is, of course, welcome, but the assumption that this will be sufficient to meet all of the costs of the new regime and that it will ultimately be self-financing is somewhat dubious. The responsibility now being imposed on local authorities is within the new burdens doctrine, under which the Government should meet the cost of responsibilities imposed on councils. Therefore, will the Government guarantee to meet the difference between the cost incurred and any sums recovered from landlords or agents?

The Bill bars additional charges to tenants except if they fall within a range of matters, including, for example, a variation of the terms of the tenancy or its renewal, many of which might be very simply achieved. It is unclear what the effect of that would be. Should there not be guidance about the size of such levies in those circumstances? Will the Government review the charging system after a time to ensure that the charges are reasonable? It is welcome that financial penalties might be imposed on landlords or managing agents for certain activities, but why should the failure to return a deposit, for example, not be treated as a criminal matter? The money will, effectively, have been stolen.

There are a number of questions about other provisions in the Bill. It lists a number of payments to landlords that are permitted. They include, oddly, payments to a local authority via the landlord of council tax. Could the Minister explain the rationale for this and for the inclusion of an alternative provision under which the landlord or agent could require the tenant to pay the council tax to the authority? Is it not the tenant’s obligation to pay the council tax anyway? There is also a provision that tenants could be required by the landlord or agent to pay for gas, electricity, fuel or water. Would this not be the normal position in any event, although I can understand that there might be difficulty for multiple occupants of a property? Could the Minister explain whether this provision will therefore apply to all tenancies, or is it designed for the situation where more than one tenancy is involved in a particular building? The same question arises relating to the landlord’s or agent’s requirement of a tenant to pay the BBC television licence or for telephones and the internet.

Paragraph 3 of Schedule 2 requires the holding deposit to be refunded if the parties do not enter into the tenancy agreements,

“for reasons, broadly, under the landlord or agent’s control”.

Will the Minister say how “broadly” is to be defined? Paragraph 7 of that schedule touches on the sensitive area of immigration, stipulating that the landlord or agent does not have to refund a holding deposit if a tenant does not have the right to rent property under the Immigration Act, provided that they, the landlord, were unaware of the problem. Given the appalling record of the Home Office in Windrush and other cases, is there not a real risk of injustice in that provision?

Clause 15 allows tenants to apply to the First-tier Tribunal for compensation from the landlord or agent if they have been required to make an improper payment or have been unable to recover a holding deposit that has been unlawfully withheld, but will legal advice and, if a hearing is required, legal aid be available for a tenant of limited means? Or is the provision in Clause 16 that provides that, “An enforcement authority may”—I emphasise “may”—help a tenant, a substitute for legal advice and/or aid? What criteria would be adopted to assist that enforcement authority in a decision as to whether or not to offer such advice and support?

The Bill places significant duties, under Clause 21, on what might be thought to be a somewhat curious choice of organisation, namely local weights and measures authorities, to enforce client money protection schemes. This vests the function in county councils and two-tier areas, in contrast to the unitary areas, where the local authority already has a significant role in housing. What steps do the Government propose to take to ensure the necessary liaison between the different county and district councils? What steps are planned to equip the officers at county and unitary council levels with the necessary skills—or indeed those district councils, as opposed to unitary councils, which may choose to exercise the role?

Clause 22 deals with the lead enforcement authority. Oddly, that title is defined as either,

“the Secretary of State, or … a person whom the Secretary of State has arranged”,

which is a curious word,

“to be the lead enforcement authority”.

In the latter case, what will be the criteria for an appointee and how will he or she be selected? Will local government have a role in the appointment process? The clause goes on to list a number of things that the Secretary of State may arrange or regulate, though in the latter case the type of secondary legislation is not identified. I assume it will not be in the affirmative mode, but in any event can the Minister say when these are likely to emerge, and whether the Local Government Association will be fully consulted, alongside other relevant bodies representing tenants, landlords and agents?

Clause 23 sets out the duties of the lead enforcement authority. Will the officeholder be required to consult with local authorities about the exercise of his or her duties? Will there be an annual report of the work undertaken and contemplated? In particular, will the duty of the officeholder,

“to keep under review and … advise the Secretary of State about … social and commercial developments in England and elsewhere”—

as the Bill says, somewhat curiously—relating to tenancies, agency work and related activities extend to include local government?

Clause 24 sets out in detail the way the lead enforcement authority is to work, and the relationship between the authority and the relevant local authorities. The key subsections (3), (4) and (5) require the enforcement authority to notify the relevant action it proposes to take. It is not clear whether “the relevant authority” to which notification should be given is the relevant housing authority or, in a two-tier area, the county council which provides the local weights and measures service. Should the housing authority, or the district council in two-tier areas, not at least be notified of the position? After all, they have the ultimate housing responsibilities.

The Local Government Association is concerned about the impact of the provision in Clause 3 that proscribes the payment to a landlord in order to secure a tenancy. This is absolutely legitimate in relation to ordinary lettings, but it has a potentially serious impact on the practice of some councils, as we heard from the noble Lord, Lord Shipley, to make incentive payments to secure the rehousing of homeless people. Councils have a duty, as housing authorities, to help the homeless to be housed, and the recent Homelessness Reduction Act and the homelessness code of guidance in February allow councils to provide support to applicants, financial or otherwise, to access private rented accommodation. The noble Lord identified that point and I hope the Minister can provide some satisfaction. The code explicitly refers to making small grants to property owners to facilitate housing these vulnerable people. I hope the Government will accept this and ensure that the Bill recognises this growing need.

Finally, I raise again the urgent need to facilitate selective licensing as a means of ensuring decent standards of housing and good housing management. There are too many people living in poorly managed properties, often in appalling conditions. This not only affects the residents of those properties but has a damaging effect on those who live either as owner-occupiers or tenants of well-maintained rented homes. I speak with experience of precisely that situation, which exists in the ward I represent and in some other wards in Newcastle. We have some selective licensing schemes but it is a very difficult and prolonged process to ensure that one can be given. The Government have undertaken a review of the issue and I invite the Minister to indicate when this will be concluded and whether, if action is recommended, the Government will look to implement it.

I join most of the noble Lords who have spoken in welcoming the Bill. Certainly, on these Benches we will seek to work with colleagues across the House to look at possible improvements and ensure that the Bill emerges fit for purpose, as undoubtedly the Government would wish.