Housing and Planning Bill

Debate between Lord Beecham and Viscount Eccles

Wednesday 13th April 2016 Lords Chamber

[Viscount Eccles (Con)]

My Lords, some years ago, I was a member of the Delegated Powers Committee. Determinations are almost always undesirable. They are arrived at and presented as an option of last resort because, as the noble Lord, Lord Lisvane, said, the matter being considered has become very complicated and detailed. Determinations are a sort of escape clause, as I see it. In a parliamentary democracy, they are inherently undesirable, and I therefore support the amendment.

[Lord Beecham]

My Lords, the House is indeed fortunate to have such an expert in parliamentary procedure as the noble Lord, Lord Lisvane. I have listened to him and learned a great deal in a very short time; I am sure that other noble Lords will feel the same. It is interesting that the noble Viscount, Lord Eccles, has effectively confirmed that he approves the noble Lord’s approach to dealing with these matters. Otherwise, Parliament in effect will be being asked once again to sign a blank cheque covering matters of considerable importance and complexity which will simply proceed under ministerial fiat. That cannot be healthy, given the nature and importance of the topic we are discussing.

I hope that the Minister, who has today written to some Members of the House about aspects of this matter—I am sure that the document will be in the Library as well, although somewhat belatedly—will acknowledge that the noble Lord has made a very powerful case for adopting a more conventional procedure than that of delegating determinative powers which will be exercised without any oversight at all. Nothing in what the noble Lord suggested would substantially obstruct the carrying out of the Government’s policy; they would just have to explain and seek parliamentary approval in what is, after all, a pretty normal way. I hope that the Government will react positively to the amendment. If, having regard to apparently moving circumstances as reflected in her letter, the noble Baroness is unable to accept the amendment today, if she could undertake to come back on it at Third Reading, that might suffice. Otherwise, I suspect that the noble Lord will be tempted to test the opinion of the House. In that event, the Opposition will certainly support him.

Charities (Protection and Social Investment) Bill [HL]

Debate between Lord Beecham and Viscount Eccles

Monday 20th July 2015 Lords Chamber

[Viscount Eccles (Con)]

My Lords, if signals are to be sent, Hansard is the place in which they can be read. Ministers on our Front Bench are also very good at passing on the feeling of this House. If we were to pass this amendment, we would be placing a duty on the Charity Commission that it would never be able to perform. It only needs Parliament to make some decision or another for this amendment to become inoperable by the commission. As the noble and learned Lord, Lord Hope of Craighead, said, the commission must be hoping that the amendment is not passed, because it would in no way be in its interests if it were.

[Lord Beecham (Lab)]

My Lords, I declare my local authority interests, one of which is to represent the ward in which the mother of the noble Lord, Lord Graham, used to live, in a rather—at that point—grim housing association block. It was part of the Sutton’s estate, which has been transformed over recent years. It now provides extremely good and very popular housing, and there are other housing associations in the same small ward in my local authority, Newcastle. Anchor in particular has two or three developments. It is worrying that the Government’s arrant intention to nationalise with a view to privatising, which is effectively what their policies on social housing amount to, will impact on that provision.

The amendment does not address the issue of housing only. Other charities might well be caught by other developments of the kind the Government propose to bring forward in relation to housing. For example, one could envisage charities running medical services—hospitals, perhaps—being required to put those on the market and dispose of them to other organisations. There will be other examples. The National Trust is one; it is an interesting thought that your Lordships’ House and others might be saved by acting towards them as is apparently intended towards housing associations—I suspect that that is unlikely to happen. But there is a principle here which is wider than the important and topical principle of social housing, and could apply across a range of functions carried out by charities. For that reason, it is important for this House to consider the amendment seriously.

Some of the questions raised by the noble and learned Lords, Lord Hope and Lord Mackay, and the noble Lord, Lord Cormack, are valid: the wording of the amendment is perhaps not ideal. But it is not enough simply to say that Hansard will be read by Ministers at the other end and that is all there is to it. An amendment passed by this House would require fuller consideration than simply a reading of Hansard would be likely to engender. In any event, in the House of Commons it is possible to refine and improve the amendment to meet the points that the noble and learned Lords raised about the precise wording.

While we may well have an opportunity, unfortunately, of returning to this subject in the event of a specific measure coming from the Commons in relation to housing, it would be a sensible course to take to pass the amendment, particularly in view of the great concern expressed by the social housing movement. I bear in mind particularly the reference of the noble Lord, Lord Palmer, to the financing of future development, given that housing associations borrow against the value of their stock. If that is to be diminished, as it would be over time, it would obviously weaken them. But, as I have said, it is not the only case which gives rise to concern. On that basis, I hope that, if my noble friend decides to test the opinion of the House, your Lordships will support her, and encourage and facilitate a review of the position by the Government and the Commons.

Cities and Local Government Devolution Bill [HL]

Debate between Lord Beecham and Viscount Eccles

Wednesday 24th June 2015 Lords Chamber

[Lord Beecham]

I am grateful to the noble Lord. He will be less grateful to me when I say that I am afraid I do not agree with the amendment that his noble friend Lord Shipley moved in relation to the role of the overview and scrutiny committee in the appointment process; I do not think that that is a proper function for such a committee. We will come later, as the noble Lord has just said, to the functions of the overview and scrutiny committee, and it seems to me that its job should be to look at how the mayor and the combined authority are working, in terms of both looking at policy as it is made and looking forward to future policy. I do not think it appropriate for those committees to play a role in making the appointments, and we will not be supporting the noble Lord, Lord Shipley, in that respect.

Between us, the noble Lord, Lord Shipley, and I led Newcastle City Council for something like 20 years—with varying degrees of success over time, no doubt. There have been many distinguished local authority leaders. Right now I am looking at a distinguished local authority leader taking his place on the Benches behind the Minister, who was herself a distinguished council leader. My noble friend Lord Woolmer was a distinguished council leader, although I detect a slight difference of opinion between us on some of these matters today—but then nobody is perfect.

It seems to me that those who see in the mayoral system something infinitely better than anything we have had before are making a great mistake. What worries many of us—certainly on the Labour Benches, I think on the Liberal Democrat Benches and perhaps in other parts of the House—is the enormous concentration of power which will be granted or withheld by the Secretary of State in a manner which diminishes accountability locally. For those reasons, we shall certainly wish to return to these matters.

[Viscount Eccles (Con)]

Would I not be right to say that the noble Lord is going to have at least part of the privilege of deciding whether the north-east wants to have a system with a mayor and the devolved powers that will go with there being a mayor? If he does not like the system, I assume he is going to decide that the north-east should not have a mayor in its combined authority.

[Lord Beecham]

Much as I would like to be able to take decisions on behalf of the whole population of the north-east, I would not be able to do that. My view, which may be shared by others, is that we would much rather not have imposed upon us a requirement for an elected mayor for the combined authority which, as the noble Viscount well knows, would run from the Tweed virtually to the Tees and from the Cumbrian border to the North Sea coast—a very large area and somewhat different from some of those which have been mooted. Of course, the people will not be given a choice as matters at present stand. It will be a take-it-or-leave-it decision that councils or the combined authority will have to take on behalf of the people; otherwise, it is said, they will not receive the powers. That is part of the problem.

So far as the detailed arrangements are concerned, our amendments would deal with the situation where, by agreement or otherwise, a mayoral system is created within the combined authority area. We will need to return to some of these matters on Report. For the moment, I beg leave to withdraw the amendment.