Neighbourhood Planning Bill

Debate between Lord Best and Lord Beecham

3rd reading (Hansard): House of Lords
Wednesday 15th March 2017 Lords Chamber

[Lord Best (CB)]

My Lords, I will speak briefly to the amendment, to which I have attached my name. I commend the noble Lord, Lord Taylor of Goss Moor, for following through on our earlier amendment and indeed for all his good work in promoting new garden villages and garden towns. This amendment is not as definitive as the one we discussed on Report, but it should achieve the same outcome, namely of placing local authorities centre stage in the creation and oversight of the new corporations that will be responsible for these major new settlements. This will greatly improve the prospects of these much-needed new communities getting off the ground.

I was delighted to hear today that the Local Government Association—I declare my interest as an LGA vice-president—is fully supportive of the amendment. If accepted, the amendment will mean it will be much more likely that a number of successful, well-designed, mixed-income new settlements will be developed over the years ahead. That would be of enormous benefit to many thousands of households, which will have great new places to bring up their families and live their lives, as well as to the nation as a whole in reducing acute housing shortages. I have every confidence that the Minister will find the amendment entirely acceptable, and if so, I congratulate the Government. Following the housing White Paper, and a number of the helpful measures in this Bill, I greatly welcome this further step in the Government’s creation of a much-improved set of national housing policies. I strongly support the amendment.

[Lord Beecham]

My Lords, I join the noble Lord in complimenting the noble Lord, Lord Taylor, for his very thoughtful and constructive contributions to the Bill and on this amendment. However, I have one question to put to him about it. Proposed new subsection (8) defines a local authority as,

“a district council … a county council, or … a London borough council”.

Where do the new mayoral combined authorities sit within this framework? Perhaps the noble Lord could assist me with that, or perhaps the Minister could indicate what role is envisaged for a combined authority, which will presumably by its very nature include land for development which crosses what would previously have been boundaries but are now within the new framework. I suspect the noble Lord, Lord Taylor, would wish that combined authority to exercise a role, but perhaps the Minister could indicate what the Government’s attitude would be and whether any further step needs to be taken to ensure that that outcome is fulfilled.

Homelessness Reduction Bill

Debate between Lord Best and Lord Beecham

Order of Commitment discharged (Hansard): House of Lords
Friday 10th March 2017 Lords Chamber

[Lord Best (CB)]

My Lords, I understand that no amendments have been set down to this Bill and no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. However, I understand that a question is to be asked from the Labour Front Bench.

[Lord Beecham (Lab)]

My Lords, I shall be uncharacteristically brief at this late stage. I congratulate the noble Lord and the Government on proceeding with the Bill. It is very welcome. However, I hope that the noble Lord will take the opportunity after the Bill passes, which undoubtedly it will, to raise a couple of points with the Government—not immediately, perhaps. The Delegated Powers Committee published a report this week which, at paragraph 18, on the code of practice, raises a point about the method of revising the codes. I am not expecting any kind of formal response today, but perhaps the noble Lord will look at that. Perhaps he can also, in a relatively short time, invite the Government to say how they are going to approach reviewing the £61 million funding in the light of the possible increase in homelessness arising from the housing benefit issue which has been so controversial this week. I am not expecting the Minister or the noble Lord, Lord Best, to reply today, but those two points should be looked at in the next period.

[Lord Shipley (LD)]

I add our thanks to the noble Lord, Lord Best, for all his work on the Bill, which has been appreciated within Parliament and outside it. It shows that the amount of work done prior to the presentation of a Bill in the other place and here reaps rewards, because the Bill is very sound. I pay tribute to the work done on this by the noble Lord, Lord Best, which has got us to the position we are now in.

Housing and Planning Bill

Debate between Lord Best and Lord Beecham

Monday 18th April 2016 Lords Chamber

[Lord Best]

That is my position. I would be very happy to withdraw this amendment if the Minister were able to say that in regulations there would be a taper of 10p in the pound so that it did not need to be placed in the Bill.

The reality is that most of those hit by the proposed housing tax on their earnings will indeed have to stay and pay. I contend that it is important that they should not be forced to move. It would not be wise policy to engineer through a punitive pay-to-stay regime that only those on the lowest incomes can occupy council or housing association homes. Council housing traditionally—right back to the homes fit for heroes after the First World War—provided for hard-working families. Today it accommodates, for example, key workers—nurses, teachers, care workers and others—for the benefit of the wider community. Social housing will often help people who start out with problems or low incomes but who settle in and prosper. These households are a vital part of sustaining a strong community.

For several decades those of us involved in social housing have been aware of the need for mixed-income communities—not benefit ghettos, to use a horrid term. Driving out all those who have done well is the very opposite approach to the kind of place-making that addresses the Prime Minister’s concerns about deprived estates. Every housing professional will tell you that confining council or housing association estates just to poorer and vulnerable people can stigmatise all those who live there. That approach removes role models of people who are succeeding at work and deprives an estate of people with spending power and of potential community leadership.

In conclusion, pay to stay has proved the most contentious ingredient in the Bill because, unlike the gains for future would-be buyers and the problems for future would-be tenants, it affects hundreds of thousands of existing tenants. If handled insensitively, it will impair work incentives and the living standards of those on pretty moderate incomes who instead really deserve praise for their hard work and success and who help to sustain a mix of incomes on council estates. This amendment accepts the probability of the Government introducing a pay-to-stay surcharge, but, by limiting the levy to 10p in the pound, it minimises the considerable downsides to this policy.

I am not hopeful that the Minister, who has now announced the decision on having a taper of 20p in the pound as the rental surcharge, will today accept the 10p in this amendment. However, I know that she and the Secretary of State have been considering other ways in which a similar outcome—a reduced burden for not very highly paid council tenants from the new levy—can be achieved. My hope is that her response to the amendment will not necessitate a Division today, but I must reserve judgment on that. In the mean time, I beg to move.

[Lord Beecham (Lab)]

My Lords, I support the amendment moved by the noble Lord, Lord Best, and I shall refer to the amendments in this group to which my noble friend Lord Kennedy and I have subscribed. The noble Lord, Lord Best, referred to Zoopla, and I should declare an interest on top of my local authority interests. Recently Zoopla gave an evaluation, not sought by me, for my four-bedroom semi-detached in Newcastle of £5.96 million. On my pointing out that this was somewhat excessive—despite the house having been built by the father of the noble and learned Lord, Lord Woolf, in the 1930s—Zoopla radically reduced the price, such that after a few days I seemed to be more than £5 million less well off than it would have had me and the world believe. Such is the world of estate agency.

These amendments deal with the critical issues of the taper which should apply to the imposition of higher rents, whether by government diktat or the exercise of discretion by housing authorities, and the relevant income thresholds. It is all of six weeks since the Minister wrote to Peers with the Government’s response to the six-week consultation initiated in October. The consultation, which contained not a single figure, occupied all of four pages. The response, remarkable for its opacity even by comparison with the abysmal lack of information that has been a feature of virtually every aspect of this Bill, consisted of three pages and no definitive indication of the relevant figures. The Minister’s letter accepted the notion of a taper, exemplifying in very broad terms the impact of tapers of 10% and 20%, but, significantly, without specifying the anticipated impact per household or the aggregate cost to the Exchequer. At 1.34 pm today I and, no doubt, a few other noble Lords received an email from the Minister stipulating a 20% threshold, which now results in the threshold figures being £31,000 outside London and £40,000 in London. I do not blame the Minister at all for this belated information, but it is another symptom of the way the Government as a whole conduct their business in general and on this Bill in particular.

As the Secretary of State reminded my noble friend Lord Kennedy and me last Thursday, this provision stems essentially from the Treasury’s determination to save money, not from any substantive housing policy requirements, and is based on the false premise that council rents are subsidised by the taxpayer—a notion that, in all fairness, the Minister disavowed in an Answer to a Written Question from my noble friend Lord Kennedy. Council house rents are not subsidised by the taxpayer. However, as the noble Lord, Lord Best, has indicated, it is a tax, in the same way that the residents of Boston discovered when the tax on tea was imposed in 1776. I do not say that the reaction will entirely match that of that celebrated occasion, but it is a tax and nothing to do with housing as such.

There is a paradox embedded in the Government’s approach. If tenants feel unable to pay the higher rents demanded, they may seek private rented accommodation, adding thereby to the pressure on rent levels in that sector—on which, incidentally, the Government propose no action—which could ultimately increase the housing benefit budget and indeed line the pockets of landlords while so doing. In Committee, I cited the case of the son of a family friend whose household income is a little over £40,000 and who would face a large increase in rent if the threshold remained at that level, which it appears it now will. The Minister indicated in her letter that the Government would institute a taper, and of course, we have heard that that is now their intention and what that threshold would be.

Housing and Planning Bill

Debate between Lord Best and Lord Beecham

Wednesday 13th April 2016 Lords Chamber

[Lord Best]

My Lords, my name is attached to both Amendment 62, in the name of the noble Lord, Lord Cameron of Dillington, which is concerned with the sale of vacant council houses in rural areas and Amendment 63 in the name of the noble Lord, Lord Kennedy of Southwark, which is concerned with the sale of vacant council houses where a tenant transfers from one social housing tenancy to another.

The amendments do not wipe out the Government’s intention that more expensive council homes be sold when they become vacant to pay, principally, for discounts to housing association tenants given the right to buy. Although a large number of us in this Chamber remain unhappy about that approach, the amendments are simply about moderating the effects of this policy.

First, in respect of rural areas, it seems that the Government recognise that the remaining, much-depleted stock of council houses in villages deserves special attention in those many localities where it will simply not be possible to replace properties that are sold. Sales of council housing under the right to buy have been roughly twice as high, proportionately, in rural settings than in urban areas. The trouble is that these rural properties in due course are sold on to commuters and retirees, for second homes and holiday cottages. So although it is harder for local people to buy a home in their village than it is for their urban counterparts, because prices are higher and earnings are lower, the amount of affordable housing for rent from councils or housing associations is roughly half the level in rural communities than the national average. It is really important, therefore, to hang on to the precious resource of the remaining council housing in rural areas. Instead of selling the council house that becomes vacant, it is really important that it can be let to a household with a local claim.

I was very pleased that Ministers agreed, on the first day of this Bill’s Report stage, to exclude rural exception sites—land for developments specifically to help local people—from the requirement to build starter homes, which would so often be much too expensive for local families. I am equally delighted that Ministers are agreeable in principle to enabling councils to hold on to their remaining housing stock in rural areas when this is clearly essential to meet local needs. Of course, we need to study the small print of the Government’s approach to achieving this outcome, but we know—or we believe at any rate, as the noble Lord, Lord Cameron, noted—that housing in national parks and areas of outstanding natural beauty is to be automatically excluded from the pressures to sell council houses, and the Secretary of State will be willing to exclude homes in any rural community when the council can make a case that sold homes cannot be replaced. Accepting these reassurances, I appreciate, involves trusting the Department for Communities and Local Government to use its discretion wisely to act in accordance with this promise. But I guess that we have gone as far as we can reasonably expect in protecting much-needed council housing in our rural communities.

Secondly, on Amendment 63, I think the Minister will be able to put our minds to rest in respect of the requirements on councils to sell vacant homes where tenants are transferring within the stock of council and housing association properties. The problem that we identified earlier was that there are very good reasons to encourage existing tenants to transfer from their current home to another property—for example, for an elderly person to downsize from a family house to a bungalow or sheltered housing flat, making way for a young family; or for a widow to downsize to escape having to pay the dreadful bedroom tax, because she is deemed to have a spare room at present; or for a family to move out of overcrowded premises to somewhere bigger. But since these moves could be said to create a vacancy, it could trigger the requirement to sell a higher-value home to raise funds principally, of course, for the discounts to housing association tenants. What is needed is for vacancies created by transfers to be excluded from the pressures on councils to sell their higher-value vacant homes.

The Minister explained to us in Committee that mutual exchanges will not fall within the scope of the policy. Even though theoretically two vacancies are created when two households swap homes, in reality there are no properties becoming vacant, so this is entirely right. I pressed the Minister, however, also to exclude vacancies created by someone transferring to another home in the social rented sector. I said that I thought that the Minister had indicated that transfers would probably be treated in the same way as exchanges and she responded:

“I think that the noble Lord is right”.—[Official Report, 10/3/16; col. 1518.]

We just need confirmation that this is indeed so or we would have the unfortunate, unintended consequence of greatly inhibiting opportunities for tenants to transfer to more suitable accommodation in future.

[Lord Beecham]

I endorse the noble Lord’s last plea, and I think that it is one that the Minister will feel able to agree—or I hope that she will, because it would certainly make a great deal of sense. I very much welcome the Government’s more flexible approach to these matters, and congratulate the noble Lord, Lord Cameron, who is doing rather better than his namesake in many respects at the moment, on achieving two substantial concessions from the Government. They are not perfect, perhaps, but go a long way towards meeting the particular requirements of communities that are in many ways very hard-pressed and would undoubtedly have suffered significant difficulties if the Government had stuck to their original proposals. In that spirit of collaboration, I look forward to the Minister dotting the last “i” and crossing the last “t” in relation to the transfer from one property to another not requiring a sale.

Housing and Planning Bill

Debate between Lord Best and Lord Beecham

Monday 11th April 2016 Lords Chamber

[Lord Best]

I was going to say that it was possibly not worth me intervening at this point, other than to echo the words of the noble Lord, Lord Cameron of Dillington.

[Lord Beecham]

On behalf of the Opposition, I congratulate the noble Lord on apparently achieving his objective of persuading the Government to be reasonable. We very much welcome the indication that that will be the case. I hope this is a trailer for what might happen when we discuss right to buy and its impact in rural areas. It is a parallel situation. There are particular needs in those areas which have to be reflected in the legislation and the changes the Government envisage. I will not ask the Minister to commit herself today to that point, but we look forward to a sympathetic response on similar lines when we get to it. I am sure the House will join me in thanking the noble Lords, Lord Cameron and Lord Best, for pursuing this case so assiduously and with what is apparently a very satisfactory outcome—although we will read the small print when it arrives.

Housing and Planning Bill

Debate between Lord Best and Lord Beecham

Tuesday 1st March 2016 Lords Chamber

[Lord Best (CB)]

My Lords, as this is my first intervention in Committee, I draw attention to my various housing and planning interests on the register.

Amendment 33B, to which I am pleased to note that the noble Lord, Lord Kennedy, has added his name, seeks to address, in a modest way, the key issue that arises in this Bill. That issue, for me and I think many others in your Lordships’ House, is that the Bill seeks to do good things in increasing the supply of housing and supporting first-time home buyers, but it neglects, indeed disadvantages, those who simply cannot become owner-occupiers. While there is widespread support for the Bill’s measures to help more young people to buy, there is also widespread alarm that this is not additional to helping the less affluent but is in place of doing so. We are worried that the options for poorer households are being closed off. Councils and housing associations, as we will be exploring in later amendments, are likely to be doing less for those on average and below-average incomes. Where, then, can these families and single people go?

This amendment seeks to put in place one small but significant opportunity for the Government to assist those who, with all the good will in the world, are not going to be buying a property anytime soon, yet are most unlikely to obtain council or housing association accommodation. It would give the Secretary of State the power to underwrite a national scheme that enables organisations like Crisis—the leading charity in this field—to give private landlords a guarantee against damage, rent arrears et cetera. Where there is a bond guarantee, the landlord does not need the usual month’s rent as a deposit. As well as overcoming an insuperable barrier for a tenant with very little money, this approach avoids the administration in collecting, chasing up and returning deposits.

Now that social housing is so hard to come by, this is seldom a possibility for single homeless people since they are unlikely to get classified as in “priority need”. Even where the local authorities have a legal duty to find accommodation for homeless households, the majority of councils now look to the private rented sector to discharge that duty. This sector may be far from ideal for many people in terms of security, affordability and quality, but it is now the only answer in so many cases. The problem is that, since private landlords are not charities and are running their businesses, they do not want to take risks so even this avenue is blocked for many applicants.

The latest survey commissioned by Crisis from Sheffield Hallam University shows that 55% of landlords are unwilling to take in anyone in receipt of housing benefit, not least because the local housing allowance does not cover all their rent, and 82% of landlords were unwilling to rent to homeless people. So numbers are growing of people in bed-and-breakfast hotels or hostels, or indeed living on the streets. This is vastly more expensive than finding a place for them in the private rented sector.

With a rent deposit guarantee in their armoury, local PRS access schemes have something concrete to offer private landlords. There are currently over 280 of these schemes, many supported by Crisis with funding from the Department for Communities and Local Government. I should say in passing that the future of this grant aid is now unclear and I hope DCLG is minded to renew it. An evaluation by Sheffield Hallam University found that in four years these PRS access schemes had secured homes for 8,000 people who had been homeless and these tenancies were shown to be sustained in 90% of cases.

Bond guarantees mean these local groups can overcome the huge and understandable reluctance of landlords to take any risks in whom they house. What is needed is watertight government backing which local PRS access schemes can deploy. Only that part of the guarantee which gets called down actually costs any public money. Experience shows that in only about 15 to 20% of cases is the bond called upon at all, and in many of these instances the amount claimed is relatively modest. Compared with the bricks-and-mortar cost of a new home, this government subvention is miniscule and it achieves immediate revenue savings.

This amendment, therefore, paves the way for a national deposit bond guarantee scheme, along with a set of quality standards for the organisations who could draw upon it. As so many doors close on housing for those in the most acute need, this arrangement would give Government the chance to be helpful in a modest but important way. Since it also saves public money into the bargain, I hope the Minister finds it appealing. After all, we will shortly be discussing the very generous guaranteed support for home buyers that to date requires underwriting to the tune of £9.7 billion—hundreds of times more than this guarantee scheme that would enable much poorer people to get a roof over their heads.

[Lord Beecham (Lab)]

My Lords, I congratulate the noble Earl, Lord Cathcart, and the noble Lord, Lord Best, on their practical and sensible amendments, which I hope the Government will accept. In terms of difficulties for people, we are dealing with a sensitive area because their homes are at stake. It is quite reasonable to adopt the proposals that we have just heard outlined in detail, and we support both amendments.

My amendment, Amendment 28, is rather different. It would require the Secretary of State to undertake a review of the tenancy deposit scheme, which was introduced in the Housing Act 2004. One reads from time to time of difficulties experienced by tenants, in particular, although it could also, I suppose, be landlords who have difficulties, in recovering deposits they have paid. Very often, one reads that allegations are made that the tenant has damaged the property and so forth. Given that usually not large sums are at stake, it seems to be the case that some tenants give up the ghost rather than pursue the matter. There is a scheme for dispute resolution, which is operated by the relevant agency without charge. However, it is not binding on both parties to accept the scheme’s involvement, so if a landlord, or it could arguably be a tenant, is at the wrong end of a claim, the other party would have to seek redress through the courts. We have already had a reference to the small claims limit this afternoon, and it is probable that most deposits would be within the range of up to £5,000. No legal aid is available and no costs are recoverable on a successful claim. This is going to make it less likely than ever that tenants will exercise their right to recover a deposit which is being wrongfully withheld.

I have only one relatively direct experience of this matter inasmuch as the daughter of a Newcastle City councillor colleague of mine and her two friends were living in accommodation in London and had paid a deposit. Issues arose about to whom the deposit had been paid and so forth. It dragged on for a considerable time. It was clearly necessary for these three young people to get some legal advice—fortunately for them, they were not seeking it from me—but it got a little too much for at least two of the three tenants, and they decided that they would rather move on and forget about it. However, they lost a modest sum of money, by most people’s standards, but money they could ill afford to do without.

This amendment is calling only for the Government to review the operation of the scheme. It has now been in existence for 11 or 12 years. I do not know whether it has been reviewed before, but given the pressure on the private rented sector, which has grown considerably with the proportion of private rented properties in the market in the order of, I think, 20%, whereas a few years ago it used to be 9% or 10%, it is a growing area and the issue of deposits potentially becomes a matter of growing concern.

I hope the Minister will indicate the Government’s willingness to inquire into this. There are various agencies and interest groups which would no doubt be willing to collaborate. It would be as well to institute such a review at an early stage and then, if necessary, to amend the scheme or amend the 2004 Act, in particular, to see that proper accessible protection can be afforded to those who might be at risk of unscrupulous landlords, in this case, taking advantage of them and relying on them to give up the ghost before seeking redress, which is difficult and potentially expensive to obtain.

Care Bill [HL]

Debate between Lord Best and Lord Beecham

Wednesday 3rd July 2013 Lords Chamber

[Lord Best]

Oh, not again! I do apologise. How many times has this happened to the noble Lord?

[Lord Beecham]

My Lords, I hope to be of some utility, but I would not claim to be utilitarian.

[Lord Best]

I deeply apologise, and not for the first time, to the noble Lord, Lord Beecham, one of the most distinguished of the vice-chairs and past chair of the LGA.

The noble Earl, Lord Howe, agreed with everybody that we need fully to fund the new measures and to ensure that the funding for existing care services is there. He expressed to us the belief that the new measures will do just that and they herald a sustainable funding arrangement for the future. He noted that the settlement for local authorities is extremely challenging this time round, but that, in terms of social care, the settlement that we are now pointing towards, with jointly commissioned services, the pooling of the £3.8 billion and NHS and local authorities working together, will in his view prove enough to fund a sustainable care service. Only time will tell whether those calculations prove to be accurate rather than too optimistic. In the hope that the noble Earl’s predictions are correct, and recognising that government really are attempting to make serious change in this Bill to the funding system as well as in so many important ways to the care services, I beg leave to withdraw the amendment.

Local Government Finance Bill

Debate between Lord Best and Lord Beecham

Monday 16th July 2012 Grand Committee

[Lord Best]

My Lords, I am provoked to give a short preview of the amendments tabled in my name that are to follow—but not tonight. However, I thought I might briefly whet appetites because they relate so closely to what we are talking about. I see that noble Lords are all agog.

These amendments are about more localism. They are about removing some of the inhibitions on councils deciding precisely how they want to raise the funds that will pay the £400 million the Treasury is waiting for. They are about whether pensioners are included or not included as a vulnerable group being decided locally. This is the point made by the noble Lord, Lord Deben. In my full and unamended speech I will say that there are many grounds on which pensioners might already be treated slightly more favourably than some of the other vulnerable groups. I will contend that in respect of the groups that are considered to be vulnerable, local authorities should have greater discretion, and suggest that local authorities should also have greater flexibility in how they raise council tax, not only in respect of the current discounts for empty and second homes, but in respect of single person discounts. I will explain that if local authorities were allowed to vary the single person discount, currently fixed at 25% and set centrally by diktat from Whitehall, some might choose to reduce that discount across the board to 20%, meaning that all those who currently receive it would have to pay another 46 pence a week. It is not a vast sum, but it would raise more than the £400 million across the piece and make it unnecessary for us to define vulnerable groups and get ourselves into all kinds of tangles in reducing support for the very poorest in our communities. In advance of moving those amendments and in the context of this debate, I thought that noble Lords might like to hear the preview.

[Lord Beecham]

My Lords, we have had a longer and more entertaining debate than many of us thought we would have. We had the Browning versions, two of them, and we have had an interesting conflict between Norfolk and Suffolk. I hesitate to arbitrate between those two counties. In relation to the remarks by the noble Lord, Lord Deben, from time to time, I have been tempted to form a society for the preservation of the postcode lottery. In some areas of policy, it is absolutely the right line to take. We have had too much regimentation and prescription nationally about what should and should not be done.

However, we are not talking about policies here but about the people’s basic right to a minimum income. To take the point made by the noble Lord, Lord Deben, to its logical conclusion, we would have differential benefits across the piece. We would have different benefits for disabled people, pensions, child benefit and whatever up and down the country, determined locally. The noble Lord shakes his head, but where is the difference? The difference that he advances is that council tax is raised locally, but that is an irrelevance to the person looking at his disposable income that he has to deploy in support of his family. Where the localism part should come in—not the faux localism of the Poor Law—is that you would have a national basic minimum entitlement which, if the local authority thought it right, you could increase and enhance benefits. That would seem to be a reasonable application of localism because everybody is guaranteed a national minimum and locally the community may decide to augment it but, in our view, it should not be in a position to reduce it.

One of my noble friends, or perhaps the noble Baroness, Lady Browning, referred to Localising Support for Council Tax Vulnerable People. Paragraph 3.4, about equality information and engagement, states in connection with child poverty that:

“authorities will be required to take into account their local child poverty needs assessment”.

That is fine.

“Local authorities should be able to design localised council tax reduction schemes in a way that best suits local circumstances, tailored to what child poverty looks like”—

looks like—

“in the local area”.

I will tell you what child poverty looks like in any area. It is the undernourished child going to school, perhaps dependent on free school meals. These days, he may have to go to a breakfast club to get a breakfast. According to a recent survey, 50% of teachers are going into schools with food that they can distribute to the children. Child poverty is children going badly clothed, living in fuel poverty so the house is cold, and perhaps with dysfunctional families, although that is, of course, not simply a financial matter. This can occur anywhere. These children can be found in the city that the noble Lord, Lord Shipley, and I have represented and led and in the city that the noble Lord, Lord Smith, still leads. They can be found in villages in Suffolk, I guess, and in Norfolk, and in Kensington and Chelsea for that matter. They can be found anywhere. As my noble friend said, it is not locality that determines the character of poverty. It may possibly exacerbate a basic condition of poverty, but locality is not the determining condition, and it should not be locality that determines the basic support given to children in poverty or, indeed, to any other vulnerable group. To say that this is somehow an issue of localism is to pervert the proper definition of localism. The noble Lord has advanced a weak argument—from the best of motives because, in policy generally, he has a strong point. But in this area it is entirely misconceived.

Local Government Finance Bill

Debate between Lord Best and Lord Beecham

Tuesday 3rd July 2012 Grand Committee

[Lord Best]

My Lords, I am grateful to the noble Lords who supported this difficult but fundamentally important amendment. I thank the noble Lord, Lord Palmer, and the noble Earl, Lord Lytton. Perhaps I might respond briefly to the noble Lord, Lord Beecham, by saying that the objections he raises—first, that some places would get a windfall and might not deserve it and, secondly, that some places will see a fall in rental values and therefore of rateable values and income—did not strike me as undermining the case here. Major infrastructure projects require people to buy into them; to accept that Crossrail will come through town, or whatever the big issue is. It helps if there is some financial return to that area for the inconvenience that can elapse, perhaps for several years, when major infrastructure projects come through. However, this amendment is not of course specifically addressing that but addressing the upgrading of a particular part of town by the efforts of the local authority. That is the principal objective.

In relation to the noble Lord’s second point, that some areas may see a fall in values—that factories may close and nothing may happen—this amendment is intended to provide local authorities with a greater incentive to prevent that and to do something about it. If the council makes the area much better for customers to come to and for offices to recruit staff to work there, and if it does some good for the area, that is surely good for the local economy and can revive and regenerate a place. However, if councils have absolutely no incentive to spend that money in times of difficult resource allocation for them, it would seem most unlikely that local authorities would put their backs into trying to drive some business improvement and growth in those places. It strikes me that this amendment still has some heart to it. The technicalities have completely escaped me along the way and I would be very grateful if I could take up the Minister’s offer to explore whether or not her response was helpful.

[Lord Beecham]

Perhaps the Minister would also like to consider that question. I come back to the point that the noble Lord, Lord Best, has just made. I have a fair amount of experience in this area of regeneration. When I was leader of my city council, we had two quite different propositions. The first was, initially, to start developing along the riverside in Newcastle and to take advantage of the then Conservative Government’s enterprise zone. It was developed as a business park and we helped an engineering company, Michell Bearings, to move into a new factory. That factory was modern and all the rest of it but, 20-odd years later, it has closed. There is nothing much we can do to get it reopened. It is in an enterprise zone and has that attraction, for what it is worth. It is close to a bypass, which we would like the Highways Agency to do something about but cannot.

Against that, when we were faced with another aspect of enterprise zones, the development of an out-of-town shopping centre, we worked very closely with local business to promote the existing shopping core in Newcastle, just as other authorities did when faced with similar problems. That is one case where we can and did do something by responding to a downward pressure on business. In the other case of the closure of that factory, and indeed of another which we had always supported in another part of town, there is very little we can do. That, it seems, is the dilemma: we could find by accident or design that a substantial benefit is going to areas which have contributed nothing in the way of policy at all, let alone investment, towards the creation of value which they will get not just in the form of a 50% share of the rates that accrue but as the full amount. That is the point. Subject to the tariffs and all the rest of it, there is to be a retention, is there not, of the growth in business rate and not just the core rate. That could be quite accidental, and the product of other people’s decisions to which the local authority may have made no contribution at all. The consequence in the system as a whole is that it could widen disadvantage between one area and another. That is the point that we need to explore further. I have said enough and I leave it at that.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Best and Lord Beecham

Wednesday 18th January 2012 Lords Chamber

[Lord Best]

I shall speak to Amendment 72 and make the case for legal aid in housing cases beyond those where someone faces imminent loss of their home.

The private rented sector has no regulator, in stark contrast to the social housing sector, nor is there an ombudsman to consider complaints against private landlords as there is for complaints against housing associations and council landlords. There is a voluntary ombudsman scheme for complaints about managing and letting agents, and I declare my interest as chair of the independent council of the Property Ombudsman. However, that redress scheme—

[Lord Beecham]

Is the noble Lord speaking to Amendment 72 or Amendment 72A? Amendment 72 is about debt.

[Lord Best]

I shall return to this later.

Localism Bill

Debate between Lord Best and Lord Beecham

Wednesday 7th September 2011 Lords Chamber

[Lord Best]

My Lords, Amendments 41 and 51 are also about local authorities having greater freedom to organise their housing affairs without constant barriers being put in their way. These amendments concern the restrictions on local authorities that flow from taxing the sales of right-to-buy properties or any other sales of properties by housing authorities at 75 per cent of the money received by the local authority. Housing associations can sell properties, whether under the right to buy that they operate or on the open market where they have a vacant property. They can recycle 100 per cent of their receipts back into housing, to improving their housing stock and to building new homes.

The housing association of which I used to be chief executive, the Joseph Rowntree Housing Trust, had a programme of selling alternative vacant properties on our estates so that we could get a better mix of people of different incomes living in the same community. We could replace every home that we sold because we received 100 per cent of the funds from that sale to recycle into new homes elsewhere. However, local authorities have to pay 75 per cent of their proceeds back to the Treasury. Now that we are in the mode of reforming the housing revenue account, this seems to be the moment at which that restriction should be lifted and local authorities should be liberated to recycle the proceeds from sales.

I understand that the Treasury is very reluctant to forgo the receipts that it currently collects. That perhaps is understandable, because this is serious money that is coming into the Treasury. It has managed to scoop the pool here for many years, and tens of billions of pounds from right-to-buy sales have gone into the Exchequer. I understand that it does not wish to say goodbye to those arrangements. I also understand that in settling the debt in the new self-financing scheme for local authorities, account has been taken of the rental income that people will forgo once a property is sold. Nevertheless, saying goodbye to 75 per cent of the proceeds from right-to-buy sales, in stark contrast with the way housing associations are treated, seems to be an item on which reform at this time would be very significant.

Let me make it clear that it is not only right-to-buy sales that attract a 75 per cent tax—not a tax on the capital gain, but a tax on the sum received—as it is also imposed on the sale of bits of land and properties that are vacant and not subject to the right to buy. Where local authorities, like the Rowntree trust, would like to sell council houses to get a better mix of incomes across an estate, local authorities will not be able to recycle the proceeds from those sales, as they will have to pay 75 per cent to the Treasury. I think that the Treasury will argue again that it would like to see those receipts coming back to it since deficit reduction is top of the list of the Government’s priorities, but the Treasury is not going to receive anything from the sale of properties outside of the right to buy if local authorities know that it is such a bad deal to sell them in order to regenerate an area using the money they raise. No businesslike authority will proceed with these sales in order to pay money to the Treasury as a voluntary act. Local authorities simply will not do it. The Treasury is not going to forgo capital receipts if the 75 per cent tax on councils is lifted for those properties where the right to buy does not exist—in other words, where the council can make a sale voluntarily rather than being compelled to do so, as with the right to buy. I hope that the Government will be able, if deficit reduction in this spending round is so paramount that nothing can be done about the right-to-buy receipts, at least to offer to some extent a reassurance in relation to the sales of other properties that are not subject to the right to buy.

During the summer I have had discussions and correspondence with the Minister, and I hope that she will be able to tell us this afternoon that there may be some change of the Government’s mind about this very severe restriction on local authority activity, one where the ludicrous level of taxation makes it very difficult to run a business. I beg to move.

[Lord Beecham]

My Lords, the noble Lord referred to the 75 per cent tax levied on the proceeds of right-to-buy sales. It is interesting to note that at the moment there is a good deal of pressure on the Government to abandon the 50 per cent tax charged on those with substantial incomes and that, indeed, at least part of the coalition Government is interested in a mansion tax, which I suspect would be levied at substantially less than 75 per cent. In the context of housing, we should not be thinking in terms of taxation. The nation is paying a very heavy price in terms of housing need for the refusal of Government, initially in the 1980s, to allow any of the proceeds of the sale of council housing to be reinvested in housing and, it must be said, for the somewhat belated and modest change that was made to those rules by the previous Government. It does not seem to make any kind of economic sense.

The money raised by the right to buy would be ploughed back into housing provision. That would have two effects, the first of which would be that it would create assets on the balance sheet; it would not disappear into thin air. Secondly, it would give a much needed boost to the construction industry and therefore to the economy at a time when, as the Chancellor has belatedly conceded, things are not looking good in terms of the projected growth rate. Thirdly, it would lead to employment being taken up and thus a reduction in the cost of paying benefits. Most particularly, I suspect that the result would be that houses would be built rather more quickly than through the hoped-for gains to be made by the proposals in the national policy planning framework, which seem to assume that planning is the reason for the low number of houses being built, whereas of course the key issues are in fact finance and people’s capacity to buy.

Looking at it purely in housing terms, the noble Lord’s amendment makes a great deal of sense. I hope that the Government will rethink their position because it would make an immediate and much more significant contribution to dealing with the housing problem, as well as helping with economic growth without damaging the balance sheet. Indeed, in some respects it would strengthen the balance sheet with assets that are likely to appreciate.

Localism Bill

Debate between Lord Best and Lord Beecham

Monday 5th September 2011 Lords Chamber

[Lord Best]

My Lords, my name is against this amendment, in support of the sunset clause coupled with a report on the position of homelessness three years from now. The Minister said earlier that one of a local authority’s most important duties is towards the homeless. A pretty fundamental change in the way that that duty is to be discharged means that it must be a good idea to pause for thought three years down the line and see whether these quite important and significant changes have made a big difference.

At the moment, the local authority must find the family or householder a secure and affordable place in the social housing sector. In the future, they will be able to fulfil the requirement placed upon them by seeing that family into a place in the private rented sector. That, by definition, is not going to be secure in the long term. Understandably, landlords may wish to have the property back and security of tenure over the long term cannot be offered. It may be that that property, after the reforms to housing benefit and the local housing allowance, will prove to be unaffordable. There is a gap between what the tenant pays in rent and the amount that they receive in benefit, and the private rented sector option may not work out.

It may be that the dire warnings that we have heard from Shelter, Crisis, Homeless Link and others do not work out in practice, but there is a danger that those warnings prove to be entirely timely. We had a lot of discussion on these provisions earlier in the House. The noble Lords, Lord Shipley, Lord Rix, Lord McKenzie and Lord Kennedy, the noble Baronesses, Lady Doocey and Lady Greengross, and others all spoke on this matter in Committee. There is a great deal of concern about the fundamental changes to the duties upon local authorities.

I hope that noble Lords had a chance to look at Hansard over the summer. As I have said, noble Lords should regard reading the last debate as a bit of a teach-in on all the aspects of homelessness that we ought to think about. We were not able to secure all those different aspects as a whole series of amendments to the Bill but the Government have, in trying to ensure that accommodation is suitable in the private rented sector, come up with a code of guidance. That has some very good things in it. It does not go all the way down the line, but perhaps that will lead to a successful outcome for those who are placed in the private rented sector. This sunset clause would ensure that after a period of three years a thoroughgoing report is placed before Parliament, and that unless the Secretary of State revives these measures by order, those measures will fall.

Earlier this year I moved a Motion on the housing benefit regulations asking the noble Lord, Lord Freud, the Minister responsible, whether he would over the months and years ahead put in hand a fundamental reform along the lines of the housing benefit reforms in order to see what impact they had on homelessness, families, poverty, people’s incomes and the local authorities themselves. The noble Lord, Lord Freud, not only agreed to do that and to have a review, which is now under way and which will report in three stages over the next 18 months, but did it in a way that, I am pleased to report back to the House, met entirely with my approval and indeed that of others interested in these matters. He has brought together Professor Kemp from the University of Oxford and Professor Cole from Sheffield Hallam University; he has Ipsos MORI doing surveys and the IFS looking at the macroeconomics. It is a real, thoroughgoing review of the impact of these changes, which is just what we asked for and just what this House required. A comparable exercise to look down the line at how things are going would again be a triumph for the Government and a thoroughly commendable and useful exercise, which would provide the evidence and inform a decision on a sunset clause three years from now. Let us do it again. I strongly support the amendment.

[Lord Beecham]

I congratulate my noble friend Lord Kennedy and the noble Lord, Lord Best, on moving this amendment. Having paid that compliment, I hope that they will not mind if I claim paternity of the amendment itself.

There are two issues that really need addressing. One is affordability and the other is the quality of the accommodation that will be offered to people. They give rise to the need to review the situation, as noble Lords who have moved and spoken to the amendment have made clear. Nearly half those who are housing allowance claimants find that their housing benefit now falls short of what is required by an average of £24 a week, which is a considerable shortfall. That is before the impending changes. A significant proportion, a quarter of tenants, find themselves spending half their income on rent, which is a very high proportion.

The condition of properties in the private rented sector in particular also gives rise to concern, as 40 per cent of them fall short of the decent homes standard, which is twice as high as the percentage in the social rented sector and well in excess of the figure in the owner-occupied sector. A high proportion of cases dealt with by Shelter come from the private rented sector—twice the proportion of claimants that you would expect from the proportion of households in the sector. Again, a high proportion of environmental health officers are reported by Shelter as encountering landlords who refuse to carry out even the necessary repairs to maintain properties in a safe condition; 36 per cent of environmental health officers say regularly that they find private landlords in breach. Yet this is the sector to which many people will be directed under the provisions of this Bill.

It may be that things will improve, which is obviously the Government’s hope and intention, but it is surely necessary to take a check on this after a reasonable period. These amendments give that opportunity to rethink the situation if necessary. If things are going well, it is a simple enough matter to carry the legislation forward; if not, there will be an opportunity to address what might well be a very difficult situation for a great many people.

Localism Bill

Debate between Lord Best and Lord Beecham

Tuesday 12th July 2011 Lords Chamber

[Lord Best]

My Lords, I give qualified support to Amendment 148 in the name of my noble friend Lady Greengross and to Amendments 148ZZZA and 148ZZZBA tabled by the noble Lord, Lord McKenzie. My support is qualified because the words,

“the local planning authority must”,

are not popular in local government circles. I would find it hard to be entirely supportive of extra obligations being placed by central government on local authorities, but I am supportive because noble Lords are absolutely right that collecting local data on housing markets and making them available, not least to any neighbourhood preparing a neighbourhood plan, as well as to the local authority preparing its local development plan, is more than just good practice; it is essential if housing providers are to meet local needs and demands.

To take the example of the area of interest to the noble Baroness, Lady Greengross, if the local authority’s assessment shows that many thousands of family houses are occupied by one older person or an elderly couple, with the certainty that all those occupiers will grow older in years to come, clear signals can be given to private house builders and housing associations that there is a big market for attractive, manageable, economical apartments that are tailor-made for older people to buy or rent.

I give full backing to the intention behind these amendments and hope that their objective of getting local authorities to do what they should can be fulfilled, not least through the national planning policy framework, even if that objective is not accomplished by a new obligation on local authorities.

[Lord Beecham]

I hesitate to express a slightly different point of view as a vice-president of the Local Government Association from our esteemed president, but I am not quite as reluctant as he is to see this kind of duty, as proposed by the noble Baroness, Lady Greengross, and my noble friend Lord McKenzie, incorporated into the law, particularly given the state of the housing market in general and the huge unmet demand for housing, particularly affordable housing. It is important that all authorities recognise that there is a need to promote the provision of more accommodation. It is noticeable that since the disappearance of the regional spatial strategy, something like 200,000 houses it is estimated will no longer be built that would have been built had those plans been progressed.

I add one further dimension to the prescription from the noble Lord, Lord Best, for encouraging new building. I entirely agree with him that it is very desirable for private builders and housing associations to help to cater for the needs of an increasingly ageing population and indeed others. To that I would add local authorities themselves. That might be something that they would appreciate. Perhaps as a quid pro quo for having the extra responsibility of drawing up plans for affordable housing, the fact that they might actually be able to provide some themselves might be an additional incentive. I hope that sweetener will persuade the noble Lord, Lord Best, that his qualification might safely be abandoned.