Neighbourhood Planning (Referendums) (Amendment) Regulations 2016

Debate between Lord Beecham and Lord Foster of Bath
Tuesday 6th September 2016

(7 years, 11 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Beecham Portrait Lord Beecham (Lab)
- Hansard - -

My Lords, the proposals that the Government embody in these regulations are of course accepted. I declare my relevant local authority interests, which are referred to in the register.

There are a number of questions I would like to put to the Minister. He told us that 190 communities have started the process, that being the figure contained in the background documents which are available in the Printed Paper Office, and that 200 communities have proceeded to implement—or at least to agree—a plan under this procedure. However, that is 200 out of 1,900 in three years. Can the Minister say how many of those communities abandoned their projects or had them rejected in that time? What is the average time for concluding the process? The Minister referred to a reduction of some 17 weeks which will flow from this provision: 17 weeks compared to what as the average time so far? Moreover, the documents reveal that 89% of those who voted—presumably of these 200—voted in favour of the plan as drawn. The question is: 89% of what? What was the actual turnout relative to the potential turnout in these votes? There might well have been 89% voting in favour, but that could have been 89 people out of 100 who took the trouble to vote in a community of some thousands. It is simply not clear. I would be grateful if the noble Lord enlightened us. I do not suppose that he has the information immediately to hand, so I would be grateful if he wrote to me and placed the answers in the Library subsequently.

One of the problems for local authorities is that the planning service is under huge strain. Often, local authorities are reducing the number of planning officers because of the financial constraints on them. The Government, in paragraph 39 of their response to the consultation, indicated that they would enter into,

“updated arrangements for funding local planning authorities”.

Perhaps the noble Lord can enlighten us as to what progress has been made in that respect. As I understand from the documents, the Government do not accept that this process was a new burden, although any local authority would surely have thought it was, in the sense that it is a new responsibility which has been created, however welcome it may be. What funding is to be made available and what estimate has the department made of its impact on the number of officers who would be enabled to carry out this work, which would be in addition to the current work of planning departments, which are already considerably overstrained?

If we are looking at timescales, what are the Government doing about the hundreds of thousands of planning permissions granted for development upon which no action has been taken? We have here a measure which prescribes a very limited timescale, understandably in many ways, because in the most part we are not talking about large projects. However, what is sauce for the local government goose does not appear to be on the menu for the developer gander because long-standing planning permissions are simply lying on the table. At a time when everybody acknowledges the need for hundreds of thousands of new houses to be built, it seems extraordinary that the Government are prepared to impose a pretty rigid—I concede it is not entirely rigid—timescale for the processing of these plans, but no timescale at all on the implementation of planning permissions granted, in many cases, some years ago. Will the Government look again at the question of imposing a timescale for planning permission for significant developments to be implemented, rather than simply leaving it to the developer—who is presumably hanging on to the land in the hope that ultimately prices will rise and greater profits will accrue—when there are many, many people looking for new homes to buy or rent? The principle here, which is a fair one, is to make progress on community plans, but can we also see some progress on the carrying out of development in accordance with permissions already granted?

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
- Hansard - - - Excerpts

My Lords, I am pleased to follow the noble Lord, Lord Beecham, although it was very difficult to gauge from his remarks to your Lordships’ House whether or not he supports neighbourhood planning. I make it very clear that I am a huge supporter of neighbourhood planning and neighbourhood plans, which arose from the Localism Act 2011. I was delighted that the Minister made very clear his support for them. I entirely support his and the Government’s desire to speed up and simplify the process so that still more communities can benefit from the opportunities that neighbourhood planning will bring to them.

I share of course the concern of the noble Lord, Lord Beecham, that the Government are often very keen to impose tight time limits on other bodies whereas they themselves do not necessarily have to live up to similarly tight timescales. But in the area of neighbourhood planning and enthusiasm for it, while I entirely support these measures, I ask the Minister to look carefully at the departmental website and the way in which it increasingly does not show the same initial enthusiasm for neighbourhood planning that perhaps once existed. For example, the departmental website has had a series of notes on neighbourhood planning. It currently goes up to addition 17—at least, that is what is available on the department’s website. In 2015, additions 14, 15, 16 and 17 were spread over roughly three-monthly periods. Yet, as far as I am aware, there has been no further note on neighbourhood planning from the department. Will the Minister identify whether they exist and, if so, whether they can be given more publicity because they contain—at least up until December—some very interesting and helpful information for local communities that want to go down the neighbourhood planning route.

While on the issue of the departmental website, will the Minister agree to take on a small exercise when he eventually gets home tonight? Will he see whether he can find on the departmental website the results of the consultation to which he referred? No fewer than five people have worked with me on trying to find it. It was only with the help of the very efficient staff in the Library that we were eventually able to find it. But I note that the details provided on the website are somewhat different from the information provided in the Explanatory Memorandum. For example, the website says that there were 362 responses to the consultation but the Explanatory Memorandum says that there were only 321.

The point is that the report, which can eventually be found if noble Lords take the time to get to it, does not provide any helpful information whatever. Clearly, any noble Lord who wishes to participate in this debate would want to know what the objections were from those councils that were not happy with the proposal. The report merely says that the vast majority were in favour and that a few came up with some suggestions for changes. I hope that the Minister will agree to publish a fuller document on the responses to question 5.6 of the consultation.

Having been somewhat niggly, for which I apologise to the Minister, I will say that I entirely share his enthusiasm for neighbourhood planning. In my brief time as a Minister in the department, I had an opportunity, along with Mr Nick Boles, to see many community groups working on them and know the real benefit that they can bring to communities.

Housing and Planning Bill

Debate between Lord Beecham and Lord Foster of Bath
Wednesday 20th April 2016

(8 years, 4 months ago)

Lords Chamber
Read Full debate Read Hansard Text
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
- Hansard - - - Excerpts

My Lords, I, too, am pleased to see the noble Baroness, Lady Hanham, in her place. I have fond memories of working with her in DCLG. Although my name is on Amendment 100, in the light of recent developments I rise to support the amendment in the name of the noble Baroness, Lady Hayter, and my noble friend Lord Palmer. I particularly wanted to speak to congratulate both of them on the sterling work they have done in this area and to thank the members of the ministerial team for being willing to listen to the arguments that have been put.

I previously made the case for why mandatory client money protection is needed, and all those who have spoken have done that very eloquently. We are now aware that the Minister has received letters from a large number of industry bodies and letting agencies asking for mandatory CMP. It is worth reflecting that some of those supporting documents make the case even more powerfully, with one letting agency saying that all it is asking for is provisions similar to those that already apply to estate agents, another pointing out that tenants and landlords can get a false sense of security because it is widely assumed that such protection already exists across the industry by default and yet another using the phrase:

“The sector is crying out for proper regulation”.

It is worth reflecting that in another place the Minister, Brandon Lewis, rejected calls for mandatory CMP, saying that it,

“would be a step too far and would overburden a market that is perfectly capable of self-regulation”.—[Official Report, Commons, Housing and Planning Bill Committee, 10/12/2015; col. 719.]

In Committee in your Lordships’ House, the Minister, the noble Viscount, Lord Younger, clearly had not been given a new script because he said exactly the same words. However, now that the industry has said with one voice that it wants mandatory CMP and does not think the costs would be too high, I hope that when she responds the Minister will have been given a new script.

Lord Beecham Portrait Lord Beecham
- Hansard - -

I join this parliamentary lovefest briefly to join others in congratulating the Minister on accepting the amendments and to pay tribute to my noble friend Lady Hayter; I do not think a doughtier champion of consumer rights could be found anywhere. This is a very satisfactory conclusion and it enables us to get on to slightly more contentious matters a little further down the Marshalled List.

Housing and Planning Bill

Debate between Lord Beecham and Lord Foster of Bath
Tuesday 22nd March 2016

(8 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text
Lord Beecham Portrait Lord Beecham
- Hansard - -

My Lords, the amendment in my name and those of my noble friend Lord Kennedy and the noble Lords, Lord Shipley and Lord Foster, is very much consistent with the other amendments. However, I draw a comparison between what is being proposed here and what is happening in the legal world, where the Ministry of Justice is not just engaged in full cost recovery, but seeking in its court fees and other levies to recover more than the cost of the service. This does not go quite as far as the Government are prepared to in the justice field. For that it is all the better.

However, I wonder what the implications would be for this scheme if, as other parts of the Bill would perhaps lead to, we saw the outsourcing of the planning function, which would then potentially become a commercial activity. That might have certain difficulties when lined up with the amendment proposed here. Having said that, I certainly support the amendment and I hope that the Government will respond sympathetically to it.

Lord Foster of Bath Portrait Lord Foster of Bath
- Hansard - - - Excerpts

My Lords, the noble Lord, Lord Beecham, quite rightly said that all three of these amendments are related. However, there are differences. The amendment in the name of the noble Lord, Lord True, as I understand it, merely says that there will continue to be a nationally imposed fee framework, but in which full cost recovery will be possible, whereas the amendment in the name of the noble Baroness, Lady Gardner of Parkes, and the amendment that my name is attached to, suggest the devolution of responsibility for fee setting to local authorities. I hope that that is the direction that the Minister will be prepared to go in.

When I was the Member of Parliament for the wonderful city of Bath, my local authority had real problems because, as a world heritage city, it had extra things to deal with, such as archaeological issues, for the very large number of properties that it had to give various forms of planning consent to—as listed buildings and so on. Of course, that also cannot be reflected in the fee structure, so, like many other councils, it had a huge deficit between the fees that it could charge and the costs it incurred.

In 2012, when the Government were carrying out the previous review of the fee structure, it participated in an exercise in which there was a very detailed analysis of every minute and hour spent by staff employed and all the other costs. It showed very clearly that it was recovering no more than 50% of its costs. That is reflected by many councils; I am sure that many noble Lords have seen the figures from London Councils, which show that they are many tens of millions of pounds adrift each year.

The problem is that if we look at this just as giving councils the ability to charge more to cover their costs, I can see the Minister looking horrified, because she wants improvements in standards to go alongside it. The interesting thing is that there is a real opportunity to combine the two. Although I accept what the noble Lord, Lord Kerslake, said about planning performance approaches adopted through the planning performance agreements, nevertheless they have demonstrated very clearly in the one area where local authorities can charge over and above the fee structure that they can develop some very innovative and ambitious approaches. If we give this additional power over fee-level decision-making to our local councils and local planning authorities, I believe that that will be combined with some very adventurous and innovative ways forward.

Finally, I have one simple question for the Minister. If she is not going at least to allow the amendment proposed by the noble Lord, Lord True, with full cost recovery, I wonder how she envisages a later part of the Bill when she wants to give the opportunity for experimentation to private organisations coming into the planning operation. No commercial organisation I know is going to enter a deal where the starting base is only 50% back for any investment. It simply will not happen. I am sure that the Minister has an answer, which will be to accept the amendment from the noble Lord, Lord True or, better still, the other two amendments.

Housing and Planning Bill

Debate between Lord Beecham and Lord Foster of Bath
Thursday 17th March 2016

(8 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
- Hansard - - - Excerpts

My Lords, I am delighted to follow the noble Lord in what he said, and I hope that in my very brief remarks about neighbourhood planning I can reassure him that in this area there is so much enthusiasm at the local level that central government prescription is not really going to hold sway. That is what is so exciting about what happened with the Localism Act. It really has liberated local communities in so many different ways to take on and run local assets, to take on and run local services and, of course—as we have heard—to introduce neighbourhood planning. I intervene merely to express my huge enthusiasm for neighbourhood planning, to share a couple of experiences and then to ask one simple question of the Minister, which may help provide information to the House that may help us move forward on these issues.

It is worth recording, notwithstanding what my noble friend said a few minutes ago, that we have already seen 126 successful referendums; interestingly, in every single referendum that has taken place the plan has always been passed, which is huge testimony to the work that local communities have done to engage the local community before the plan is finalised and brought to the referendum stage. I acknowledge of course the 10% figure we have heard which relates to the way in which those plans have often led to developments of housing, for instance, far greater than they were in the local plan. I have had the opportunity to see first-hand a number of examples where, as a result of local involvement, things that were perhaps initially not very acceptable to the local community have suddenly been embraced because the community has been involved and engaged in the detailed decision-making process.

In one case there was a plan to have a supermarket in a relatively small town. There was huge opposition to it and a neighbourhood planning group was brought together. Residents discussed what they wanted in the neighbourhood plan and eventually decided that it might be a good idea to have a supermarket after all if they could determine its location, the routes people would use to get to it, the parking arrangements, and so on. Eventually, a supermarket was included in the neighbourhood plan. It has been to a referendum and been accepted, and the supermarket is being built.

Back in February 2013, when I had the opportunity to engage with neighbourhood planning, I and the other Minister involved, Mr Nick Boles, went to a windswept Upper Eden in Cumbria a few days before the first referendum on the first neighbourhood plan was due to take place, when we had an opportunity to talk to councillors and members of the local community. We were under strict instructions from the civil servants that in no way were we to express a view on whether we were for or against the neighbourhood plan, which proved rather difficult for two Ministers who are passionately supportive of the principle. But we more or less stuck by that, although we both left wearing “Yes” badges on our lapels on the way out. It was exciting to see the first plan going through.

The crucial bit, which relates to Amendment 88B, was that only a few weeks following that visit I was able to announce a £9.5 million fund for a two-year period to provide more financial support to communities that wanted to develop a neighbourhood plan. To reflect the point in my noble friend Lord Greaves’s amendment, further money was then made available to give local councils financial support for their work in supporting and dealing with various aspects of neighbourhood planning.

We were also able to announce the establishment of the My Community website, which has subsequently been a very good source of information for people looking to develop their own neighbourhood plan, and after that there was also a scheme to introduce 40 neighbourhood planning champions, many of whom operate up and down the country; they are people who have led their own neighbourhood plan, local councillors, planning officers and so on. Members of your Lordships’ House who are interested in this matter may like to have a look at the recently established website, where these neighbourhood planning champions now share their own experiences and so on.

The reason I intervened, apart from perhaps to show my enthusiasm for neighbourhood planning, was to ask the Minister a very specific question in regard to my noble friend’s Amendment 88. As various pots of money have been made available—initially, for instance, £7,000, now £8,000, potentially with a further addition of £6,000 in difficult areas to support neighbourhood planning development—the Government announced an additional pot of money for pilots for councils to look at best ways of helping to promote neighbourhood planning in their areas. They made £600,000 available and various bids were sought.

Since then, I have been unable to find any further information as to what has happened to that particular pilot scheme. It was designed to help us identify the best way of moving forward in promoting and supporting neighbourhood planning, which is the thrust of my noble friend’s amendment. So I think that the House would be delighted to hear from the Minister details of how the money has been spent, what sort of projects have been brought forward and what lessons have been learned from which we can all benefit.

Lord Beecham Portrait Lord Beecham
- Hansard - -

My Lords, I join other noble Lords in welcoming the concept of neighbourhood planning, particularly where it takes a positive attitude to development in the area. I acknowledge that there is real potential both in urban and in rural areas. The noble Lord, Lord True, is right that we need to be a little cautious about the implications within urban areas. I can best illustrate that from the ward that I represent in Newcastle. It has 18 or 19 discernible communities within it and I think now nine residents associations, each with its own particular perspective on what is going on.

It is not just a question of planning; it is a question of involving the community in a whole range of issues, be it social care, policing or other matters. It is important to involve local people, but your Lordships must bear in mind the constraint these days on the capacity of planning departments to cope with their ordinary business. It is well known that the number of planning officers is being reduced substantially as a function of the cutbacks that are being suffered. That does not make it any easier, to put it no higher, to support the valuable process of neighbourhood planning. In this context, I recall the words of one of our most famous poets, John Donne:

“No man is an island, entire of itself”.

In my judgment, no neighbourhood is an island entire unto itself unless it happens to be physically remote from others.

The experience of planning generally is that often planning applications evoke a negative response rather than a positive engagement. I recall particularly some occasions of that close to my heart. One was over 20 years ago when the noble Lord, Lord Shipley, and I were opposing one another. I was leader of the council and he was the leader of the opposition. He will recall that there was a proposal for building on greenfield rather than green-belt land towards the north of the city. This was part of a major plan that we were bringing forward as a council. It was opposed by the noble Lord and some of his more vociferous colleagues, as he will recall, on the grounds that it was unnecessary and so on. In fairness to them, they were reflecting the views of at any rate some of the people living in private housing estates which themselves had been built on green fields perhaps 20 to 30 years beforehand. These people would not contemplate the possibility of housing on the green fields that were in the vicinity of their estate.

More recently I encountered a similar and disturbing attitude while canvassing in a ward—not my ward—on the edge of the city. Again there were proposals about potentially building on greenfield sites. Here the houses from which we were somewhat vainly endeavouring to elicit support were part of a housing estate built within the last few years. I felt almost constrained to nominate myself for the Nobel Prize for self-restraint when one woman on whose door I knocked said that it was bad enough having any sort of housing built on the fields behind her, which of course a few years before would have encompassed her house, but at least there was not going to be social housing there. We have to take cognisance of the fact that there will be tensions and priorities to be assessed by local authorities which will perhaps transcend the immediate interests or concerns of local communities expressed through their neighbourhood planning or otherwise.

Housing and Planning Bill

Debate between Lord Beecham and Lord Foster of Bath
Thursday 10th March 2016

(8 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text
Lord Foster of Bath Portrait Lord Foster of Bath
- Hansard - - - Excerpts

I share the noble Lord’s view that this is not an attack on the Minister, who has been clear that she is doing her very best to provide the information. However, I do not share the noble Lord’s view that we should wait for a period before the Minister brings forward the information she has promised. The timetable of work that is being done is available today. The department will have that information. I hope the Minister will be willing to say that, by the next meeting of your Lordships’ Committee on the Bill, we will have the information on where we are at each stage.

Given where we now are, I also hope the Minister will further reflect on the view that has been expressed by many people, including the Delegated Powers Committee, that many of the bits of secondary legislation that will come before us, which it is currently proposed to deal with under the negative procedure, should now be moved, by a government amendment, to the affirmative procedure.

Lord Beecham Portrait Lord Beecham
- Hansard - -

My Lords, will the Minister report to the Government that this House very much regrets the impossible position in which she has been placed by the Government, has every confidence in her good intentions but regrets that she has been unable to fulfil them because the issue is entirely out of her control, and has confidence in her but has no confidence thus far in the way the Government are proceeding?

Housing and Planning Bill

Debate between Lord Beecham and Lord Foster of Bath
Tuesday 8th March 2016

(8 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
- Hansard - - - Excerpts

My Lords, a few minutes ago, the noble Lord, Lord Porter, began to introduce a debate about the broad principles of right to buy and whether people supported them or not. It is interesting to reflect on the history of the whole process. The Minister may be interested to know that the first time right to buy was proposed was by the Liberals—who subsequently opposed it on a number of occasions—way back in 1947. The Labour Party, which has a long track record of opposing the right to buy at various times, first introduced the proposal in their manifesto for the 1959 election. The Conservatives were very late to the party, until Horace Cutler proposed it for the Conservative-controlled GLC. It stopped briefly when Labour took control of that body, and was then reintroduced. All the political parties represented here have, at some time or another, been in favour of the principle of right to buy.

I continue to believe that the broad principle is correct. The issue has always been about the detail. The noble Lord, Lord Horam, was absolutely right to chide the noble Lord, Lord Porter, and say: “Let us get back to the specifics of the amendment”. The specifics of Amendments 57 and 60 are very important. Looking at some of the details of the right to buy in relation to council housing, the coalition Government were absolutely correct to introduce a requirement for one-for-one replacement. The Minister should note that I have not said “like-for-like”. However, since that was introduced in 2012, for every nine council houses that have been sold off, we have so far only had one replacement. It is inevitable that there will be a drag: it takes time to consider where a new home is going to be; to get planning permission; to gather together the finance and so forth; and then to have it constructed. I am hopeful—the figures give grounds for optimism—that the one-for-one policy initiative will gradually deliver, but it will take a very long time.

There are some 1.7 million council houses left, but there are 2.3 million housing association houses. If we are now to introduce a voluntary scheme for the right to buy housing association houses, depending on the decisions of the housing associations a very large number of properties could be involved. So it is important that we get right the issues that concerned us about the right to buy council housing.

We need to introduce at least a replacement scheme of one sort of another. Amendment 57 seeks to introduce that; it raises two issues and, very interestingly, does not raise, as I might have liked, the issue of size in the one-for-one replacement scheme. Amendment 60 would develop a way of speeding up the process so that a replacement plan would be in place, something that housing associations are more than capable of doing even before they get to the point of selling off any houses. We have a package of two measures on housing association properties that make sense in terms of the principle of having a replacement policy and a system of ensuring that housing associations have replacement properties coming on board. That is why I support both amendments.

Having sat in a similar position to the Minister and seen the sort of briefings that she gets, I know that she will come forward with reasons why there are technical problems with the amendments. I accept that there probably are technical problems with both amendments, but it will be very good to hear that in principle the Minister supports the idea of a one-for-one replacement scheme. We know that she does because it has been said already that for London it is going to be even better. Does she agree that the principle behind Amendment 60—that housing associations should get organised so that they can do a quick replacement—makes sense, and is she prepared to look at ways of improving any technical deficiencies there might be?

Lord Beecham Portrait Lord Beecham
- Hansard - -

My Lords, the noble Lord, Lord Foster, has referred to the many attempts over the years to introduce a right-to-buy policy, which eventually came to pass. It is one thing to have a right-to-buy policy when you are building a lot of houses anyway; it is quite another when you are falling far short of demand and of meeting need for new houses. That has been a chronic situation for the past few years, and it has not materially improved. That is the context in which the issues have to be considered.

Having said that, I agree with the noble Lord that the wording of Amendment 57 may not be perfect; it is a question of replacing like for like, not just one for one. Unfortunately, the way in which much new housing has taken shape over the last few years means that we are looking at very small units. I keep saying this, but it is a fact—housing units built in this country are smaller than in any other major country in Europe. We are looking at, frankly, expensive housing offering little in the way of space in the market generally and, equally, in the event of a replacement scheme. I rather regret that my noble friend and I did not include like for like in the amendment. We may have to revert to that, because it would not do much good to replace a two-bedroom or three-bedroom house with a one-bedroom house or something equally small. The temptation to do that, I suspect, given the high land prices in London, would be very great.

It will be interesting to see whether the Minister agrees that we have to look at what we are replacing, rather than purely the numbers.

Housing and Planning Bill

Debate between Lord Beecham and Lord Foster of Bath
Tuesday 9th February 2016

(8 years, 6 months ago)

Lords Chamber
Read Full debate Read Hansard Text
Lord Beecham Portrait Lord Beecham
- Hansard - -

My Lords, I shall speak also to Amendment 8ZA. Both amendments stem from the 20th report of the Delegated Powers and Regulatory Reform Committee, published just last Friday—hence the fact that they are manuscript amendments. Both the clauses affected, Clauses 13 and 22, have attracted considerable criticism from the committee. They relate to the introduction of banning order offences, about which the committee expresses serious concerns.

A ban would arise following conviction for a banning order offence and would prevent the relevant person from letting or engaging in letting agency or management work, as a result of an order made on the application of a local authority. It would also ban the relevant person from holding an HMO licence and allow him to be placed on a database. However, the Bill does not define the offence that would allow the Secretary of State to describe its nature, the offender’s characteristics, the place where it was committed, the court passing sentence and the sentence itself by regulations subject to the negative procedure—with no restriction whatever on the character of the offence, which need not be related to housing issues at all.

In a memorandum, however, a wide range of offences is cited as possibly relevant. The committee sensibly pointed out that these offences could be listed in the Bill with a power to amend, if necessary, by secondary legislation. The committee averred:

“We consider it inappropriate that the determination of the offences that are to constitute ‘banning order offences’ should be left entirely to the discretion of the Secretary of State and with only a modest level of Parliamentary scrutiny”.

The committee recommended removing Clause 13(3) and replacing it with a provision listing offences constituting banning order offences, with a delegated power to amend by the affirmative procedure.

The amendment tabled today defines—very narrowly, it must be said—the grounds for a banning offence, and requires parliamentary approval for the relevant regulations. The grounds may be considered too narrow. I hope that the Minister will look at the issue and come back on Report with a more developed position in which parliamentary approval for any new offence is required.

Amendment 8ZA to Clause 22 relates to the provision for financial penalties for a breach of a banning order which may be imposed by the local housing authority. Subsection (9) requires the housing authority to have regard to any guidance given by the Secretary of State in respect of the exercise of its function under the clause. The amendment simply requires that such guidance should take effect only under the affirmative procedure. The amendment to Clause 22 relates to the provision in the clause in respect of the financial penalties for a breach of the banning order which may be imposed by the local housing authority.

The Delegated Powers Committee noted that Clause 22 allows a housing authority to impose a penalty of up to £30,000 for the breach of a banning order and points out that this is an alternative to a criminal prosecution. Unlike in the latter procedure, it will not be necessary for the authority to prove its case beyond reasonable doubt, such that, to quote the committee,

“this clause empowers an authority to act as if it were prosecutor, judge, jury and executioner”.

The provision in subsection (9) requiring the authority to have regard to the guidance means that such guidance will be expected to be followed unless there are cogent reasons for not doing so. The committee concluded that, given the nature of the power conferred on local housing authorities—which would deny the accused access to adjudication by a court as to whether a criminal offence had been committed—the guidance is of great significance, and accordingly that it should be laid in draft and not come into force with the affirmative procedure.

These observations essentially foreshadow the amendment to be moved later by the noble Baroness, Lady Gardner of Parkes. I think that we are at one on this: indeed, there was, I think, wide agreement around the House at Second Reading that there are far too many areas that are to be covered by regulation with no evidence that any of this will be presented to us as the Bill goes through. It may be ready for other parts of the Bill but there is nothing today on these matters. Unless we have an assurance from the Minister that we will be able to see regulations before Report, the House should take a strong view in support of the amendment which I now move.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
- Hansard - - - Excerpts

My Lords, I rise in support of the amendments that have just been introduced. At Second Reading I welcomed some parts of the Bill but expressed concerns about some others: about the lack of detail, the large number of amendments laid at the very last minute in another place—again, without an opportunity for proper scrutiny—and the 30-odd additional powers given to the Secretary of State. Like many other noble Lords, I very much welcome the Minister’s commitment and promise to do all that she can to ensure that we get details of the various regulations, at least in draft form, as early as possible.

I think that many noble Lords, however, will share my concern that, despite the Minister’s promise, it seems increasingly likely that many of those draft regulations—even if we get them before we finish consideration of the Bill—will not come in time for the relevant amendments in Committee, and it may well be that some of those draft regulations will come after we have finished all stages of our deliberations in the House.