Levelling-up and Regeneration Bill

Lord Bishop of Worcester Excerpts

Committee stage
Monday 20th March 2023 Lords Chamber

In conclusion, there has been a great deal of movement on the idea of changing best consideration to enable public land to be sold for community benefit. The Government have conceded that for police land. This amendment would extend it to other public land and has the support of the noble Lord, Lord Crisp, who obviously has considerable experience and expertise in the National Health Service. He considers that it would be a very positive change to enable the National Health Service to be able to dispose of land no longer needed for public good. I commend the amendment to the Committee.

[The Lord Bishop of Worcester]

My Lords, I support the amendment from the noble Baroness, Lady Pinnock, to which the right reverend Prelate the Bishop of Chelmsford has added her name. She regrets that she is unable to be in her place today; I wish to make some points that undoubtedly she would have contributed had she been here.

As already indicated by the noble Baroness, Lady Pinnock, the Government’s tabled Amendment 165 is very welcome. The review of Section 123 of the Local Government Act 1972, and the correction of the omission of the Mayor’s Office for Policing and Crime—and of police and crime commissioners generally—are necessary and positive steps. However, there remain ways in which the general disposal consent 2003 could be improved to better allow public bodies to dispose of assets for less than market value for social, economic or environmental benefit. We believe that such measures would be very much in line with the Bill’s desired outcome: levelling up communities across the country.

Noble Lords will be well aware of the significant variation in land value across the nation’s regions. The introduction of a percentage value discount would help ensure that local authorities, no matter where they are in the country, could offer the same level of discretion when selling sites for community good. I hope that the Minister will therefore accept the proposal from the noble Baroness, Lady Pinnock, for an adjacent percentage value to take into account varying land prices in different regions.

I also echo calls for the Minister to confirm today that the Government commit to launching a consultation on a new directive to update the current consent order on the disposal of public land. I am aware that Munira Wilson MP, who has been active in these matters in the other place, has received a letter from the new Housing and Planning Minister in which Mrs Maclean confirmed that the Government will take forward a consultation on a new direction with higher thresholds after the passage of the Bill. Is the Minister able to reiterate this commitment on the Floor of the House?

I also hope the Minister will accept the call by the noble Baroness, Lady Pinnock, for a new disposal consent order increasing the cash value amount in line with inflation in land prices. In her letter to Munira Wilson MP, the Housing and Planning Minister recognised that the current threshold of £2 million was provided in 2003 and that land values have increased over the last two decades. Amendment 174 would increase the cash value amount that public authorities can give a discount on to £3 million. It should be noted that this is in fact a conservative estimate of the inflation in land prices over the past 20 years.

To conclude, I repeat my welcome for the government Amendment 165 and urge the Minister to reiterate the Government’s commitment to consult on a new directive, create such a directive and accept Amendment 174’s provisions for an adjacent percentage value. I hope that we can continue in this spirit of co-operation truly to level up our country.

[Lord Best (CB)]

My Lords, I will speak to Amendment 312A in this group, which would insert a new clause with the heading:

“Duty to optimise the use of public land”.


As this implies, the amendment attempts to ensure that the precious asset of land owned by public bodies is put to “optimal use”. The amendment tries to do two things. First, it would place a duty on local authorities to have a land use management plan for sites in their ownership to ensure that developments are brought forward for the public good. Secondly, since the duty to optimise the use of public land would very often be exercised by disposal of the land to others, the amendment also seeks to define the meaning of the phrase “best consideration reasonably obtainable”, which governs sale of publicly owned land at present.

Earlier amendments in this group would extend the current disposal regime to cover police and crime commissioners, the NHS, importantly, and all other public bodies. This amendment seeks to resolve long-standing complexities and arguments over the treatment of landholdings by public bodies. I pay tribute to the land economist Stephen Hill, who has studied this question for many years, for his preparation of the amendment. He has been aided by Keith Jenkins, the property lawyer, alongside distinguished real estate experts, academics and leading practitioners who all have my thanks for their work on this subject.

An essential feature of the levelling-up agenda is the need to improve the built environment to create better places to live and work. Securing the land for improved conditions—for affordable homes, green spaces, local amenities, et cetera—is the key to this. The amendment’s first objective, therefore, is simply to bring more public land into play. It would do so by requiring local authorities to prepare a land use management plan, demonstrating how use of their land will be optimised.

This approach was advocated by your Lordships’ Land Use in England Committee, chaired by my noble friend Lord Cameron of Dillington. Several local authorities are showing the way with land use plans. For example, the West Midlands Combined Authority has set out what is expected of public landowners; its public land charter requires those landowners to

“apply a consistent, joined-up approach to best consideration”

that aims to achieve “sustainable long-term” value for their land. Amendment 312A would spread this good practice everywhere.

However, securing the best economic, social and environmental uses when public land is sold has been constantly thwarted by public bodies’ acceptance of a higher price offered for the land by other bidders for what is often a less than optimal use. We all have stories of hard-pressed providers of public services understandably wanting to secure as much hard cash as they can from disposing of their land assets, even though doing so conflicts with efforts to improve the quality of life for local citizens.

I will use NHS land to illustrate this point. I have been involved in negotiations to acquire a redundant hospital building for an extra care housing development for older people. This use of the old building and surrounding land would lead to substantial annual savings for the NHS and care services, keeping people out of hospital and residential care as well as reducing loneliness and care needs. But the NHS trust was adamant that the sale must be to the highest bidder— in this case, a developer of luxury flats for overseas buyers—irrespective of the benefits to the NHS and care services that our extra care housing project would achieve. Very often, the reason cited by the public body for taking this line is that there is an obligation on it to secure the highest price, which gets equated with the “best consideration reasonably obtainable”. This is likely to mean the land is valued so highly that it prohibits a development that would achieve important social objectives.

Amendment 312A addresses this issue by creating the duty to go for the optimal use of the land, not the highest price offered, defining “optimal use” and interpreting “best consideration” by reference to constraints on the use of the land from predetermined local and national requirements. It spells out that this means fulfilling four imperatives: first, the requirements of the local development plan and the neighbourhood plan, if there is one; secondly, any national development management policies that will follow from the Bill; thirdly, the environmental principles in the Environment Act 2021; and fourthly, any other objectives or requirements determined by the Secretary of State.

In other words, securing the optimal use of publicly owned land must simply but definitively accord with national and local government requirements. The value of the land is thereby constrained and moderated by the need to comply with these legislative and administrative requirements. In this way, the value of the land is captured by the planning system for economic, social and environmental uses.

Official Development Assistance

Lord Bishop of Worcester Excerpts

Thursday 24th June 2021 Grand Committee

[The Lord Bishop of Worcester]

My Lords, I echo the thanks expressed to the noble Lord, Lord Campbell, for this debate. There are many reasons for honouring the manifesto commitment to 0.7% aid, of which the Conservative Party can be proud. I will focus on just one.

Our National Health Service has done a fantastic job during the pandemic and been rightly lauded for doing so. One of the reasons for its success is its superb workforce, no fewer than 170,000 of whom are foreign, the vast majority from poorer countries which are struggling in the face of the pandemic. Figures show that Indians make up the largest number of foreign staff members at 27,000, followed by Filipinos at 23,000. Ghana provides over 3,000, Zimbabwe 4,500 and Pakistan 4,400. The fact is that we are taking more out of developing countries, when we poach their doctors, nurses and other skilled professionals, than we are putting in through aid.

I know from our close relationship in the diocese of Worcester with Morogoro in Tanzania how great is the shortage of health professionals in the developing world and how difficult it is to recruit, train them and pay for that training. Though the noble Baroness, Lady Harding, talks of reducing our reliance on foreign employees, Matt Hancock speaks of a new Windrush generation, to recruit the best from abroad. The Chancellor of the Exchequer has just been quoted as observing that it is difficult to justify the aid budget in the present circumstances. Is not the sad truth that, as we break our promise of 0.7% aid to the poorest in our world, we are taking more out of the developing world than we are putting in? Does the Minister agree that, in so doing, we are stymying the crucial effort to eradicate the pandemic worldwide, which we really should be ensuring happens?

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

The noble Baroness, Lady Young of Old Scone, has withdrawn, so I call the noble Lord, Lord Sarfraz.

Constitution, Democracy and Rights Commission: Civil Society

Lord Bishop of Worcester Excerpts

Tuesday 14th January 2020 Lords Chamber

[Earl Howe]

My Lords, I have read my noble friend’s speech of last week, and the points he made have been registered. I can say again only that no decisions have been taken on the precise form that the commission should take. However, the most important thing is for it and the work that it does to command public confidence.

[The Lord Bishop of Worcester]

My Lords, I have seen the disillusionment to which the Minister refers. Given that no plans have yet been made for exactly how the commission will work, as well as the success of citizens’ assemblies in Ireland and France in rebuilding trust in democratic institutions, might the Minister think it a good idea to involve such citizens’ assemblies in the commission’s work?

[Earl Howe]

I am grateful to the right reverend Prelate, and that idea is certainly in the mix.

Universities: Freedom of Speech

Lord Bishop of Worcester Excerpts

Monday 22nd February 2016 Lords Chamber

[Baroness Evans of Bowes Park]

I entirely agree with the sentiments of the noble and learned Lord. Unfortunately, it has seemed at times that student unions have taken a somewhat inconsistent approach to freedom of speech—actively inviting speakers who promote intolerance but banning and silencing others. As I have said, the Government are supporting university leaderships to make sure that we preserve freedom of speech. It is hugely important and allows students the opportunity to challenge and debate ideas, which is part of the whole purpose of going to university.

[The Lord Bishop of Worcester]

My Lords, now is not the time for confessions but I would observe that as an undergraduate, I saw things in very black and white terms. I do not now, despite what might be suggested by my attire. I would have loved to have been rebuked by Parliament as an undergraduate. Does the Minister agree that in intervening in situations such as these, we run the risk of being counterproductive?

[Baroness Evans of Bowes Park]

Universities are autonomous bodies. As I have already said, students and academics have the right to protest peacefully, and we cannot quash freedom of speech. That is why, as I said, we will be supporting universities and making sure that legitimate, lawful debate can take place, that people have their views heard and that views that people may find offensive are robustly challenged.

European Council

Lord Bishop of Worcester Excerpts

Monday 11th February 2013 Lords Chamber

[Lord Hill of Oareford]

I shall do my best to calm the House down, my Lords. I noticed that in the space of the comments of the noble Lord, Lord Pearson, he went from expressing concern about causing my right honourable friend the Prime Minister an anxiety attack by praising him, to rescinding that praise by the end.

On the cost to the British taxpayer, clearly, so far as the negotiation was concerned, the fact that the Prime Minister managed to end up with a credit card limit that was so many billions of euros lower than had been initially proposed is a cause of some modest satisfaction to the British taxpayer. That cost would have been lower if a chunk of our rebate had not unfortunately been surrendered in those negotiations in 2005 in the hope, as I understand it, that there would then be a deal on the CAP: a deal that has not been forthcoming. That explains why, although the overall figures are considerably lower—and they do represent a real-terms cut, which is what everyone wanted—the cost to the taxpayer is nevertheless higher than one would like.

On the European Parliament, like the noble Lord I have read some of the speculation there has been about that. The European Parliament has a role to play in approving the budget, but our position is that that agreement was struck by the 27 member states that are responsible for finding the money. We believe that some of the situations that the noble Lord has invited me to speculate about will not come to pass, but we need to see what happens. I will not be drawn into his alluring hypothetical situations.

[The Lord Bishop of Worcester]

My Lords, we on these Benches wish to join in paying tribute to His Holiness the Pope following his announcement. We give thanks for the outstanding contribution that he has made to the common good as well as to the welfare of the church during a long and distinguished ministry. He is in our prayers, as are those responsible for electing his successor, and as are the many Roman Catholics who will have been distressed and disorientated by his announcement.

Mention of the common good brings me to the EU budget and the welcome announcement that has been made. Can the Leader of the House assure us that the Government will focus their attention on what the budget seeks to achieve as well as on its size? There is a broader question here of what constitutes good stewardship of the resources that Europe has at its disposal. Stewardship requires a way of living that recognises that everything belongs to God and that all resources must be used for his glory and the common good. It requires us to find ways of collaborating with others to make the resources in our possession work for the good of all, as intended by God.

The Leader of the House will know that in 2004 the Sapir report was commissioned by the European Commission to look at ways in which the EU might deliver on the promise made in 2000 of becoming the most competitive knowledge-based economy in the world by 2010. The report argued that:

“As it stands today … the EU budget is a historical relic. Expenditures, revenues and procedures are all inconsistent with the present and future state of EU integration”.

Can we have an assurance that the Government will press for a more radical restructuring of the European Union budget in the time to come?

[Lord Hill of Oareford]

My Lords, I recognise the important points made by the right reverend Prelate on behalf of the Bishops’ Bench in respect of His Holiness the Pope.

On the overall administration of the EU budget, I think my right honourable friend the Prime Minister has made it clear that he shares the sentiment that the way in which it appears to have been going up and up does not suggest very good stewardship—to use the right reverend Prelate’s word. In the years ahead we will carry on trying to bring pressure to bear, as we will in trying to make sure that all the funds that are allocated are spent responsibly and wisely on the ends for which they were intended.