Grenfell Response

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Monday 10th June 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank the right reverend Prelate for that contribution. I readily acknowledge the importance of faith institutions, both generally and specifically in relation to Grenfell, and the contribution of the Bishop of Kensington. I also reference the work done by Muslim Aid and the local mosque, which was also significant. Very often faith institutions are the most trusted and the most responsive. They are there on the spot, they are local, and they have been significant players, if I can use an inappropriate phrase, in relation to what is right about the response in Grenfell.

As the right reverend Prelate rightly said, the community is central to this and the planning to ensure that this kind of situation does not happen again has been greatly assisted by the faith organisations. We want to study what the Bishop of Kensington has put in his report and I know that the Minister for Housing and the Minister for Grenfell recovery will be engaged in that. He is right about the importance of democratic culture and community. It is a good way of putting it.

[Baroness Pinnock (LD)]

I thank the Minister for repeating the Statement and associate myself with the remarks made about the community response and the emergency services, which did a wonderful job in supporting that community and saving lives. I draw the attention of the House to my interests in local government as set out in the register. The Minister will perhaps not be surprised if I share my utter frustration at the lack of speed with which action is being taken to put right the wrongs that led to that awful fire. In May 2018 Dame Judith Hackitt’s report Building a Safer Future was published. The Government swiftly and rightly accepted its recommendations. That was excellent. At the end of 2018 the Government published their implementation plan for the Hackitt report, but sadly no timetable was attached to it. Dame Judith had written:

“There is no reason to wait for legal change to start the process of behaviour change … A sense of urgency and commitment from everyone is needed”.


Where is it? Why have changes not been made? Why can we not get going with what everyone accepts is the right thing to do, making changes to prevent future disasters of the sort that occurred at Grenfell and giving people confidence that they are living in secure and safe homes? Will the Minister give us a sense of urgency in his response?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness for her remarks. To reassure her, there are two points to be made. First, we are having a consultation on Dame Judith Hackitt’s report and the framework changes that are necessary. I think consultation is right before one proceeds with legislation in that situation. However, that has not stopped us doing things in relation to urgent action. As the noble Baroness knows, we have also banned combustible ACM cladding on buildings. The Secretary of State has acted decisively with progressing Approved Document B, which should be ready at the end of July. Behaviour change has been highlighted and has therefore started, but I accept that there is more to be done. I, too, sometimes get frustrated and wish that we could do it more quickly, but it would be wrong and inappropriate to suggest that we have not done some very important things. Indeed, we have ensured that ACM cladding is coming off social and private-sector blocks. That has meant the commitment of some considerable amount of public money, but it is the right thing to do.

Council Funding

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 4th June 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I am sure the noble Lord would be the first to acknowledge that the fair funding formula is one way of addressing this to ensure that we get it right, so that local authorities with the greatest needs and challenges are properly funded. That is why we are progressing it.

[Baroness Pinnock (LD)]

My Lords, I refer Members to my registered interests as a councillor and a vice-president of the Local Government Association. Having watched the BBC programme on social care delivery in Somerset, in which both the providers and the carers were close to tears because of the inadequacy of the service they were able to provide through lack of resources, I wonder whether the Minister agrees that this is a shocking indictment of the state of funding of local government and that the Government have a desperate responsibility to put this right—and to put it right now.

[Lord Bourne of Aberystwyth]

My Lords, I did not have the privilege of watching the programme to which the noble Baroness refers, but I have indicated the challenge we face on social care. She will acknowledge, I am sure, that £10 billion for the three-year period ending in 2020 has made a significant difference, but challenges still exist. I am sure she will also acknowledge that we have increased children’s social care spending beyond what it was in 2009. I am the first to agree that there are challenges, but I cannot comment specifically on Somerset as I did not see the programme.

Council Tax

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Thursday 14th March 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

The noble Baroness refers to a very valuable service which I happily endorse. I agree with the point she makes about the cost elsewhere if such a service is not provided. No doubt that is something that should be borne in mind by local authorities and more widely.

[Baroness Pinnock (LD)]

My Lords, as a result of government policy, councils which have social services responsibilities have had to raise their council tax by 18% over the past four years. Does the Minister know of any employees who have had an 18% pay rise in that period? If not, are they still the hard-pressed council tax payers whom the Conservatives love to talk about?

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness should know that the level of council tax increases since 2010 has been lower than the rate of inflation judged by CPI. That was not the case in the previous decade. I think the noble Baroness should look at those figures.

Stronger Towns Fund

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 5th March 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their contributions from the Front Benches of their respective parties. I will try to cover the points they raised. First, I will try to put into perspective what is regarded as “something for nowt”.

[Baroness Pinnock]

“Summat and nowt”.

[Lord Bourne of Aberystwyth]

“Summat for nowt”. It is £1.6 billion. I do not think that is to be sniffed at; I am sure communities up and down the country will not be sniffing at it. Indeed, some of the communities in the south of England which, because of the way the programme is designed, are not getting as much, are very envious of assistance that is going elsewhere. Yes, it could be more—it always could—but £1.6 billion over seven years is not to be sniffed at.

The other important point is that comparisons were made. I understand that when a Statement offers quite a lot, people want to talk about things where the record might not be quite so rosy, and so there was a concentration on talking about local government settlements over the years but no mention that this year there was a real-terms increase in it, which was welcomed by the noble Lord, Lord Porter, the chairman of the Local Government Association. We need to put this into perspective. It is also worth saying that the Labour Party was putting in place cuts to local authorities before the 2010 election, so whichever party—or combination of parties—had formed the Government, there would have been cuts.

[Baroness Pinnock]

If there has been a rise in core spending power—which is different from core funding—how is it that councils up and down the country have had to continue making cuts?

[Lord Bourne of Aberystwyth]

The noble Baroness raises a fair point in a sense, but she cannot expect me to give a running commentary on all the local authorities up and down the country. It is established that there is that increase—I accept that over time there have been cuts—but let me proceed, because it is only fair that I try to cover the points raised. It is worth putting into perspective that there are other funds local communities can draw upon; for example, the Coastal Communities Fund and the Future High Streets Fund. It is also worth reiterating that with regard to the billion pounds, the essence of this programme has been finding the communities that have suffered deprivation and have lower incomes. As we all know, they tend to be in the north of England, and to some extent the Midlands, rather than the south. People asked how the £600 million was arrived at. It was because there are poor communities throughout the country—one thinks of Cornwall, which is in the relatively prosperous south-west, but Cornwall itself is not—which will be able to make bids against that fund.

The noble Lord, Lord Kennedy, made a point about losses from the European programme. I stress that this is not part of the UK shared prosperity fund substitute, but is quite independent of that. It is an additional programme. We still need to address the issue of the shared prosperity fund, which we are talking to the devolved Administrations and others about. Questions were raised about the devolved nations—Wales, Scotland and Northern Ireland—which, as noble Lords can imagine, are dear to my heart. The Secretary of State in the other place undertook clearly that he would be coming forward with the proposals in relation to the devolved nations shortly and would keep the House informed; no doubt I will be doing the same here.

The noble Baroness, Lady Pinnock, talked about the size of the funding for Yorkshire and Humberside. As she rightly said, that is £197 million over the length of the programme and will be geared to towns rather than cities. This is the essence of this. We are looking to towns because cities have had their day in the sun, as it were. This is essentially a towns programme, and we will be looking at the proposals from the towns concerned. As mentioned in the Statement, the Secretary of State is going to publish a detailed prospectus about how it will operate and how the process will move forward.

If there are points I have missed, I will ensure that noble Lords have answers, and will undertake to write to them and place a copy in the Library.

Provisional Local Government Finance Settlement

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Thursday 13th December 2018 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I remind the House of my interests as a vice-chair of the Local Government Association and a councillor in Kirklees. I thank the Minister for repeating the Statement on the local government settlement. I am not, however, able to thank him for its content.

The Statement includes the phrase:

“I am determined to ensure that they get the resources and support to rise to new opportunities and challenges … with no one left behind”.


Hmm. The National Audit Office report of March this year gave these stark figures of the cuts in local government spending: a 49.1% real-terms reduction in government funding, and a 28.6% real-terms reduction in local authorities’ spending power. Can the Minister say how a 0.4% increase above inflation, which fails to include considerable rises in demand—for example, for children’s services—is in line with providing the resources needed by local government? In a report this year by the New Policy Institute, researchers estimated that:

“97% of total cuts in spending in areas like adult social care, child social care and housing have fallen on the poorest 20% of councils. This is despite those areas also having a higher number of people in need”.


Will the Minister explain, in the light of this research, how no one is being left behind?

There is universal agreement that there is a crisis in social care funding. The Local Government Association estimates a £3.5 billion gap in funding for adult social care by 2025. Just how this huge gap will be filled is yet to be decided, as the Green Paper on the funding of social care that was first promised in 2017 has yet to be published. Meanwhile, adults are not getting the care they need. What is particularly galling is the Government’s announcement of £650 million, given that the vast majority of it is destined to support NHS budgets.

The Statement makes no reference to one of the largest financial pressures on councils’ budgets: the national pressure on education, health and care plans and statements. From 2014, there has been a 45% rise in the number of young people requiring an EHC plan. As an example, in my own authority of Kirklees, in 2014 there were 1,900 EHC plans or statements. Based on current trends, this is expected to rise to 3,300 by 2022—a 70% increase—while funding for these young people will rise by an estimated 12%.

I welcome business-rate support for town-centre retailers, but I have to point out that this is a sticking-plaster approach when a more radical reform of business rates is desperately needed.

I also welcome the additional allocation of £420 million for pothole repairs. The national estimate of what is needed is £9.3 billion. However, what is really needed is a significant increase in capital funding, as a government-funded grant, so that councils cannot just fill and pack but use funding more effectively by completely resurfacing crumbling roads.

On council tax rises, we no longer hear government Ministers standing up for the “hard-pressed council tax payer”. The reason is clear: the Government have adopted a policy of pushing the costs of local spending on to the council tax payer. In the past three years this will have resulted in a 14% rise, which is obviously well above both inflation and average income rises. Council tax is regressive. It is not linked to ability to pay so the consequence of these successive, well-above-inflation rises is that those least able to pay are seeing a rapidly rising tax demand coupled with rapidly decreasing local services. Perhaps the Minister will be able to assure me that the Government recognise that this is the case and that they once again want to help the hard-pressed council tax payer.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their contributions from the Front Benches. I shall deal with their contributions and, in so far as I miss anything or I am unable to answer, I will certainly write to them and place a copy in the Library.

I agree with the noble Lord, Lord Kennedy, about the challenging scenario—that is undoubtedly true—and I join him in the tribute that he paid to the local authority workers up and down the country. As he rightly said, they do a terrific job, as do the councils of all parties and no party. They are essential to the democracy and the system that we operate in the United Kingdom.

The noble Lord referred to deprivation. In the Statement that I repeated, I made the point that the surplus in the business rates levy account is going to councils based on need. It is a point worth making that it is explicit that it is based on need. We operate a system of equalisation and that is inherent to the system so, although it is a regressive system, a corrective mechanism applies, as I am sure noble Lords will in fairness note.

Both the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, made notes about the importance of the council tax contribution, which I fully recognise and acknowledge, but they should recall that there is a referendum limit and that an excessive increase has to be put to the electorate. As far as I can recall, this has not happened recently but it is open to councils if they want to do so; the effect otherwise is to keep council tax levels down.

The noble Lord referred to statutory services. Local authorities provide them par excellence, but it is worth noting that they go beyond that. We all know from our own and local authorities up and down the country what a great job they do. He also referred to the need for help for the high street within the system. Again, I mentioned that a £1.5 billion package of support for the high street has been announced and is within the system. The noble Baroness acknowledged some of the help that is going there. I recognise that it is a challenge but it has been taken up by the Budget and within this Statement on the local government settlement for the next year. I appreciate that some of this has already been announced but it is a requirement that we do this so that councils up and down the country know expressly what they have got to finance services for the next year.

Both the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, referred to the existing social care and NHS challenge and the £650 million that has been committed for the next year. It is a significant sum and, yes, some of it will go to the health service. The reason for that is that it is far more expensive to supply an NHS bed than a place in a social care residence. Therefore, it is desirable that we do that. That is why it is important that our social care review is not just about the financing but the modelling. It is important that we can see the interaction between the two. We all clearly understand it and it is not necessarily easy to deal with, but that is something with which we must grapple.

Although this point was not made expressly by either noble Lords, your Lordships should be aware that the business rate retention applies throughout London and thus in the noble Lord’s area. We have pilot schemes running at 75%, and in Kirklees—North and West Yorkshire has a pilot scheme operating as well. In North and West Yorkshire, if the pilot pool achieves the same level of growth in 2019-20 as happened last year, the area could expect to see an additional £83.2 million compared with the baseline funding level, of which £26.4 million would be as a result of the 75% pilot. It is worth acknowledging these additional factors.

Yes, there are challenges and there are areas where we wish we could do more, road repairs being one, but that is not a problem which has suddenly arisen. Successive Governments have struggled to keep up with the costs. However, in the round, this is a good settlement. It is a real-terms increase across the board, not just a cash increase, and there is much good news in the Statement.

Local Government

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 27th November 2018 Lords Chamber

[Baroness Pinnock]

To ask Her Majesty’s Government what steps they are taking to ensure that the planned local government fair funding allocation will provide local authorities with the resources needed to provide sufficient and effective local services.

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

My Lords, I am pleased to say that we are making good progress on the development of a funding formula that aims to provide a simple, transparent and accurate link between local authority relative needs and resources and available funding. The new funding formula will sit alongside the conclusions of the planned spending review, which will settle how much money is available to local authorities.

[Baroness Pinnock (LD)]

I thank the Minister for his response. I hope he is aware—I am sure he is—that the Institute for Fiscal Studies reports that, in the past eight years, real-terms spending on council services has fallen on average by 24% per person and in more deprived communities by up to 35% per person. Simply dividing this shrunken pot in a different way will fail to address the real and serious problem of the underfunding of local services. Will fair funding ensure that the total available is significantly higher than it is now?

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness makes a persuasive point, but as I have just indicated, these are two separate things that are sitting alongside each other. The fair funding formula will be looking at redressing some of the imbalances that exist at the moment in a relative sense, but alongside that of course is the spending review next year, which, hopefully, will be doing some of the things that the noble Baroness and I—and, indeed, many others—would want it to do.

Devolution: Sheffield City Region

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Monday 5th November 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, as I said, we have not yet progressed the consultation because two of the local authorities are unwilling to do so. Once they have agreed to it, I think the consultation will be straightforward; it is about the precise shape of the deal. I do not have the precise time limits, but I will write to the noble Lord and copy the letter to the Library.

[Baroness Pinnock (LD)]

My Lords, the Minister said in a previous reply that a third of the population of England has a devolution deal, yet Yorkshire, with a 5 million population, has no deal at all, although there is a desire from both South Yorkshire and the whole of Yorkshire for a deal. When will the Government open the dam to allow a deal to occur, because there is real desire in Yorkshire to take on the responsibilities that the Government could devolve to it?

[Lord Bourne of Aberystwyth]

My Lords, Sheffield is certainly in Yorkshire, and there is a deal there that we seek to take forward; it has been through both Houses. As for the rest of Yorkshire, as I said, the Secretary of State will be making a Statement on devolution in general. I have also said that nothing can happen in relation to broader Yorkshire until the Sheffield deal moves forward.

Yorkshire: Devolution

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 17th October 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank the right reverend Prelate. I agree that it is important that the experience of mayoral city regions, of Manchester and elsewhere, is learned by the whole country. We respond to proposals, not just from Yorkshire, but from elsewhere—but that has not yet happened. I welcome what the right reverend Prelate said regarding Sheffield. That is certainly true; it must proceed. That is in accordance with what we have done as a Government, what this House and the other place have done as a Parliament, and what the electorate have done in electing Dan Jarvis as mayor.

[Baroness Pinnock (LD)]

My Lords, there is amazing unity in Yorkshire—a bit of a historic moment, that. A great campaign run by the regional newspaper the Yorkshire Post has gathered support for the One Yorkshire devolution deal. If the Government are not prepared to consider a One Yorkshire solution—perhaps they are a bit frightened of the size of Yorkshire and the power it would then have—would it not be worth them getting a polling company to find out what the people of Yorkshire think? I know what the answer would be, and maybe that is the best way to tell the Government. Does the Minister agree that that is a good idea?

[Lord Bourne of Aberystwyth]

I listened very carefully to the noble Baroness and I usually agree with her, but we should not get ahead of ourselves by involving polling companies when we do not yet have a proposal. As I say, the policy is absolutely clear and it has not faltered. On devolution, we must first get a proposal; there has not been one. I come back to the point that this cannot happen until the Sheffield city deal has been executed. This has not happened yet because of the lack of consultation; it has been held up, and I understand the frustrations there. But for us to react and consider polling or anything else, I am afraid we must first have proposals.

High Street Retailers

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 4th July 2018 Lords Chamber

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

My Lords, the Government are determined to see our Great British high streets thriving now and in the future. That is why my department announced that it will launch a call for evidence over the summer looking at the future of the high street. We will establish an expert panel of leaders to draw on their experience and expertise to diagnose the issues currently affecting the health of our high streets and advise on the best approach for their revival.

[Baroness Pinnock (LD)]

I thank the Minister for his response.

“An immediate overhaul of the business rates system … needed to salvage the high street”—


those are not my words but those of the expert retailer Bill Grimsey in his report today. Does the Minister agree?

[Lord Bourne of Aberystwyth]

My Lords, first, I welcome Bill Grimsey’s review, which contains many recommendations which the Government will want to study in detail. I do not agree that there is a single silver bullet for the revival of the high street—there are many factors, not least changes in habits as to how people shop and so on—but I accept that there is a need to look at this general area. Indeed, it was in the Conservative Party manifesto at the last election that we committed to looking at this area. It is being driven forward on an international basis at the moment because much of this, in relation to online trading, is an international matter.

Anti-terrorism: Hate Speech

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 27th June 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I first thank the noble Lord for his kind words and what he said about anti-Semitism, which needs tackling in all political parties, as does Islamophobia. I fully accept that. He will probably be aware that the Prime Minister answered a question on this in PMQs today and made clear our determination to deal with the issue. I cannot give him an update on a letter that was sent yesterday—that will probably take a bit longer—but there have been suspensions and expulsions and, wherever there is evidence of Islamophobia in our party, it will be dealt with severely, often with expulsion. I hope that we can look to other political parties to do the same with respect to all religions—this is something that affects all of us. I share the noble Lord’s aspiration that this be properly dealt with.

[Baroness Pinnock (LD)]

My Lords—

--- Later in debate ---

[Baroness Pinnock]

Does the Minister agree that an attempt to stigmatise Muslims, as the original Question does, is unworthy of any Member of your Lordships’ House, and that such language aids those who oppose cohesive communities and encourages hate crimes and attacks on both mosques and individual Muslims?

[Lord Bourne of Aberystwyth]

My Lords, I very much agree with the noble Baroness on that issue. She will know, as I do, that the great mass of people in this country want the cohesive communities that, for the most part, we have. As I go around the country, I see that. That is the norm, but we need to ensure that it is universally the case, which, sadly, it is not yet, across all our communities.

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Committee: 1st sitting (Hansard): House of Lords
Tuesday 19th June 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

I thank the noble Lord very much for putting down lots of Questions: my officials will be doing cartwheels at the news. However, there is a serious point behind what he is putting forward and I absolutely accept that this is a national issue. Our officials will certainly be speaking, if they have not already—I suspect they may have done—to Welsh and Scottish officials to see what is being done there. We are taking it urgently. I will cover this in more detail in a letter: it is certainly very much on the radar though I had not expected that it would come up in this context—and I should have. I will make sure that we get some more detail in the letter and I thank noble Lords for raising this. I realise now that the noble Lord, Lord Campbell-Savours, who is not in his place, raised a similar issue in Questions today. I could not quite understand what he was getting at but I understand now and I apologise to him. We will make sure that he gets the letter as well.

Given that, and the fact that I and my department take this seriously, I ask the noble Baroness, Lady Pinnock, to withdraw her amendment.

[Baroness Pinnock]

I thank everybody for a really interesting and stimulating debate. My noble friend Lord Shipley raised some issues. I am glad that my proposal has gained support because this affects all areas of the country that have large numbers of second homes, including in the north—the Lake District, for instance. We have all noted the new definition of “seriously considered”. I look forward to this being seriously considered.

I brought the definition of “unoccupied” and “substantially unfurnished” to the attention of the Committee because, with the rise in the premium, it is more likely that there will be challenges from owners that their homes are furnished and all the rest of it. Therefore, it would be helpful to local authorities to have more definite clarity on this, rather than an information letter. I think that could be achieved. I know that from time to time the department sends guidance notes to local authorities, which have greater import than information letters. That would give them something to fall back on if they are challenged, as I think may well happen. Those are the reasons for my endeavours this afternoon but I beg leave to withdraw the amendment.

East Suffolk (Local Government Changes) Order 2018

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 9th May 2018 Grand Committee

[Baroness Pinnock (LD)]

My Lords, I do not want to add to the comments made by anybody who knows something about Suffolk, like my noble friend Lady Scott of Needham Market. I just remind the Committee of my interests as a councillor in Yorkshire and as a vice-president of the Local Government Association. The comment I want to make is that I have attended a number of these sessions where, as a Committee, we have considered mergers or boundary reviews and, in every instance, the existing local councils involved make claims about the savings that will be made and services that will be more efficient and that residents will be happy with the general situation. My question is: do the Government or the Ministry of Housing, Communities and Local Government do a review post hoc to test whether this is in fact the case? We always accept these claims at face value, and we have a very specific claim here about the savings that will be made. No doubt that is the intention of the councils involved, but my experience of what council officers claim and what actually happens is that they can often diverge. If such reviews do take place, I would really like to have access to them and, if they do not, I suggest that they are undertaken, partly because the funding savings that will be made are very specific. Councils always also make claims about efficiency of service provision, which may well be the case, but does anybody ask after the event whether it is the case?

I share some of the concerns expressed earlier, among all the comments that have been made, about the confusion of local government now and whether we are losing the “local” from local government. The area where I am a councillor, for example, serves 450,000 residents—it is a unitary, metropolitan council—and my ward serves 13,000 electors, so some 17,000 residents. This is compared with some local authorities where the wards will be considerably smaller. We have to ask the question about whether there is a democratic deficit for people in some parts of the country. How local is local government? There is, I think, a debate to be had between getting scale and service provision and losing the local touch, which democracy requires if it is going to work well. With those comments—well, questions—I will end what I have to say.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords very much indeed for their contributions in relation to these issues affecting Suffolk. I will deal with the contributions in the order that they were made, if I may. I turn first to my noble friend Lord Tebbit, with his personal experience of St Edmundsbury Borough Council—an excellent council in a lovely part of the country. My noble friend quite correctly said that this is de facto catching up with de jure, because this has been the position for a long while. I also remind all noble Lords that these proposals are locally led. This is not a government imposition of what we would like to see; this is something that is locally led so, in relation to the local democracy element, that is very important.

I am very happy as the Minister for Faith to be presiding over this union, this coming together, of these two parties—

Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 27th March 2018 Grand Committee

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

My Lords, these regulations, which are highly technical, make changes to the regulatory framework governing the day-to-day operation of the business rates retention scheme. The amendments in these regulations are necessary to ensure that the regulatory framework properly reflects the impact of the 2017 business rates revaluation, our decision to create new 100% business rates pilots in London and 10 other areas of the country, and changes to the compensation arrangements in enterprise zones.

Before saying something about each of the changes, I remind the Committee that the rates retention scheme was introduced with effect from 1 April 2013. For the first time since 1990, it allows local authorities to keep a percentage of the business rates they collect from local ratepayers and gives them a direct financial interest in maintaining and extending their business rates’ bases.

When the scheme was first set up, local government was able to keep 50% of locally raised business rates, subject only to a redistribution mechanism that requires authorities which have more business rates than their relative needs to pay over some of that income as a so-called tariff, while authorities that have a lower business rates income than their relative needs receive a top-up payment.

In 2017-18, we allowed local authorities in five newly created 100% pilot areas to keep all the local business rates they raised. Additionally, we increased the GLA’s share of business rates from 20% to 37% and, in return, it took on direct responsibility for financing Transport for London’s investment grant from its additional share.

In December last year, we announced that we would create a further 11 100% pilot areas, including in London. In 2018-19, therefore, local authorities in Berkshire, Cornwall, Derbyshire, Devon, Gloucestershire, Greater Manchester, Kent, Leeds City, Lincolnshire, Liverpool, London, Solent, Suffolk, Surrey, West of England and the West Midlands will all keep 100% of the business rates they raise locally. The regulations before the Committee this afternoon will give administrative effect to the 11 new 100% pilots that will come into force on 1 April 2018. They will ensure that the sums paid and received by the pilot authorities over the course of the year reflect the new pilot arrangements.

As well as amending the administrative arrangements of the rates retention scheme to reflect the new 100% pilots, the regulations also make changes to tariffs and top-ups following the revaluation. As I said earlier, tariffs and top-ups are the way in which we redistribute local tax income between richer and poorer authorities under the rates retention scheme. They were originally set in 2013-14 based on the difference between the business rates that authorities were expected to collect in that year and their relative need, as established in that year’s local government finance settlement. Since then, they have been uprated only by inflation.

However, as a result of the business rates revaluation that took effect on 1 April 2017, the amount of business rates that authorities will actually collect in 2017-18 will be very different from what they collected in 2016-17. If, therefore, we were simply to uprate the existing tariffs and top-ups by inflation, as we have done in the past, authorities could find their income from business rates substantially changed, for reasons quite unconnected to their efforts to secure growth. Therefore, when we set the scheme up in 2013, we announced that we would adjust tariffs and top-ups to strip out the impact of revaluations.

In the 2017-18 settlement, we announced adjusted tariffs and top-ups for all authorities, but, as we said at the time, we would revise them in the 2018-19 settlement to reflect updated data. These revisions were duly made in February as part of the local government finance settlement for 2018-19. However, the revised values are also used in the calculation of levy and safety net payments under the rates retention scheme. The changes made by the regulations before the Committee this afternoon ensure that the revised values for tariffs and top-ups in 2017-18 and 2018-19 will be used in levy and safety net calculations. Without these regulations, the calculation of the levy and safety net payments due to or from authorities would be wrong. Authorities that needed a safety net payment would fail to get one, and other authorities might be forced to pay a levy that they could ill afford.

Finally, the regulations make changes to the financing of enterprise zones. Under the rates retention scheme, certain areas have been designated as enterprise zones. In those zones, authorities are entitled to keep all of the growth in business rates income. The growth is used by local enterprise partnerships, or LEPs, to help regenerate the zones. Enterprise zones were first set up in 2013, and there are now more than 200 separate zones in nearly 100 local authorities. As well as keeping all the growth in business rates in an enterprise zone, authorities are also able to give business rates relief to new businesses relocating there, thus further stimulating economic development. Where authorities use their powers to award relief, they can be compensated by central government for the reduction in their income. Compensation is given to local authorities by allowing them to deduct the cost of the relief from the 50% share of business rates that they otherwise pay to central government under the rates retention scheme. Of course, with the advent of 100% business rates pilots, any compensation owed to 100% pilot authorities will be paid via a Section 31 grant because there is no longer a central share from which it can be deducted.

When the first enterprise zones were set up in 2013, authorities were entitled to receive compensation for the relief they gave for a period of five years until 31 March 2018. That period, set out in the rates retention regulations, has not changed since, despite the fact that we have set up new enterprise zones in 2014, 2015, 2016 and 2017. In order to ensure that every enterprise zone is treated on an equal footing, regardless of the date that it came into being, the regulations ensure that authorities can be compensated for up to five years after the enterprise zone came into existence, regardless of whether that was 2013, 2017 or any year in between.

To sum up, the regulations make technical changes to the administration of the business rates retention system to reflect the impact of the revaluation. They allow the new 100% rates retention pilots to operate from 1 April 2018, and they put all enterprise zones on a level playing field. Without the changes, authorities would be unable to receive the income from the business rates retention scheme to which they are entitled. I commend these regulations to the Committee.

[Baroness Pinnock (LD)]

I register my interest as a councillor in the borough of Kirklees, which is part of the Leeds combined authority, rather than Leeds City, for the 100% business rates retention scheme. The people in Kirklees would not be happy to think they were part of Leeds City, so we had better make that clear.

Northamptonshire County Council

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 27th March 2018 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I draw Members’ attention to my registered interests as a vice-president of the Local Government Association and a councillor in the borough of Kirklees in West Yorkshire.

I thank the Minister for repeating the Statement. I share his comments that the failures in the governance of Northamptonshire in no way reflect on the many staff who clearly continue to provide services to the public to the best of their ability. Nor do they reflect on the majority of councillors, who, according to the evidence in the best value inspection report, were denied information and were thus not able to undertake their responsibilities as might have been expected.

As a consequence of the inspection, the Government have decided that commissioners should be appointed to take direct control of the council's financial management. This will undoubtedly result in the commissioners proposing that some of the very difficult cuts to services that many other councils have already made will now be made without proper democratic involvement. That is a terrible indictment of the senior officers and senior members of the council who failed to grasp that, like it or not, cuts in income of the scale experienced by local government inevitably lead to significant cuts in services.

Northamptonshire County Council’s response to cuts in funding was to adopt a full outsourcing and commissioning model. For all the reasons expounded in the inspection report—it makes tragic reading—this failed abysmally. The residents of Northamptonshire have been ill served by some of the senior directors of the council, but it is the residents who will suffer the consequences of the failure to get a grip on constantly reducing budgets and to deal with difficult decisions in a timely manner.

That leads me to comment on the financial pressures that local government is facing. As has been said many times in this House and the other place, local government budgets have been reduced by about 40% across the board, and will have decreased by 50%—by half, in other words—by 2020, in two years’ time. This is at the same time as demand for services for vulnerable older people and vulnerable children is increasing at a significant rate. The Local Government Association estimates a shortfall of billions of pounds by 2020 for local government to deliver the statutory services that it is required to.

However, I want to point out that failure to deal with challenging financial budgets is not confined to local government. Carillion is a good example of what happens in the private sector when budgetary situations are not grasped. Many councils are just about managing, and it seems that some will just about manage for only another 18 months or so. There are statutory services to be provided, and for some this will soon not be possible. This brings me to some questions for the Minister. Does his department really appreciate the difficult financial situation that many councils face? For instance, is there an analysis in his department of those councils that may be on the brink of being unable to fulfil statutory functions? I assume that there is such an analysis; maybe he will be able to tell us what planning has been done to meet that eventuality. I ask this so that other councils are not allowed to fall into the same difficulties that Northamptonshire has done, though for very different reasons.

In the case of Northamptonshire, the Government determined that there would be a reorganisation of the county council and district council model into a unitary model. I hope whichever model is chosen succeeds, because residents in that county deserve it to succeed. However, I doubt that will sort out the problem; as the noble Lord, Lord Kennedy, has said, if the financial situation is not resolved, simply moving geographical pieces for governance around the county will not solve it. Perhaps the Government will be able to spell out in the fair funding review which services they expect local authorities to deliver and which are not to be a priority. Until that is clarified, councils will continue to find their responsibilities and funding availability stretched beyond their ability to fulfil their duties.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their contributions. I will try to deal with the issues that they raise. Both of them used the word “tragic” and I absolutely agree that this is a tragic situation that has arisen in Northamptonshire. I remind them both, particularly the noble Baroness, that it is clear from the Caller report and other investigations that this is not a failure because of finance; it is a failure because of governance. It is clear in the report that that is the case.

In response to questions from the noble Lord, I say that the timetable for the district councils and county councils to respond in relation to the appointment of the commissioner is 12 April. It will then be for the Secretary of State to consider any representations or points made. The Secretary of State would anticipate responding by the end of April and then, if appropriate, appointing commissioners to take on the role, which is clearly the direction that Max Caller and Julie Parker, in their excellent report, would anticipate.

On the timescale for the restructuring, I remind both the noble Lord and the noble Baroness that Max Caller says that restructuring is necessary. It is a recommendation of the report. This is not the Government’s view: it is a recommendation to the Government. We ask the relevant seven district councils and the county council to respond by the end of July. We are open-minded on the different options. It is important that we look at what the councils say, bearing in mind the considerations that apply to any restructuring, as my right honourable friend set out: the proposals should,

“improve local government; be based on a credible geography; and command a good deal of local support”.

My right honourable friend went on to say that the councils should state how they,

“have consulted with their communities”.

That is all absolutely right.

I echo what the noble Baroness said about the people working for Northamptonshire, who have clearly worked incredibly hard to deliver services and continue to do so, and what she said about many councillors finding themselves excluded from decision-making, questioning decisions or having the ability to critique, which is not how the local government service should operate and not how the vast majority of local government behaves.

The noble Baroness referred to financial pressures. Quite separately from this, we recognise that there are challenges, but I am keen to keep impressing the basic principle that this is not a failure because of finance. There is no unique feature of Northamptonshire—that it has been discriminated against or has not had the necessary finance. This is a failure of governance, as the Caller report readily recognises. In saying that, I acknowledge that we are looking at fair funding by 2021. That is an important principle and we will be considering the fair funding formula, but that is separate from this issue. Otherwise, I accept the points made by the noble Lord and the noble Baroness.

Greater Manchester Combined Authority (Amendment) Order 2018

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 20th March 2018 Grand Committee

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

My Lords, the draft order that we are considering was laid before the House on Monday 5 February 2018. If approved and made today, it will support Greater Manchester’s programme of public sector reform, promoting growth and productivity and continuing the implementation of the devolution deals.

There have been five devolution deals with Greater Manchester, including most recently at the Autumn Budget 2017. Noble Lords will be aware that, since passing the Cities and Local Government Devolution Act 2016, there have been seven further orders in relation to the Greater Manchester Combined Authority. The orders provided for the introduction of a mayor, and give the mayor the role and functions of the police and crime commissioner. They have also given the combined authority powers on housing, planning, transport, public health, fire and rescue, and education and skills. Some of those powers are to be undertaken by the mayor individually and others by the members of the combined authority collectively.

I turn to today’s draft order. It makes provisions about the housing investment fund, allowances for committee and sub-committee members, and setting the police and crime commissioner component of the mayoral precept.

A housing investment fund was agreed as part of the initial devolution deal with Greater Manchester in 2014. It is a loan of £300 million from the Government that has enabled the combined authority to lend over £420 million to local developers to help fund quicker housing delivery in the Greater Manchester area. It has committed funding to build more than 5,800 homes at 23 sites across Greater Manchester. This order will amend the constitution so that, in addition to a simple majority of combined authority members, the mayor must also be on the winning side of any votes relating to the housing investment fund for the decision to be carried.

The order also refines certain aspects of the combined authority’s remuneration powers. This will allow it to pay travel and subsistence allowances to all members of its committees and sub-committees, such as the fire committee, as well as to members of the combined authority. It also enables the independent remuneration panel to make recommendations on the remuneration of all members of committees and sub-committees and provides for the combined authority to pay an allowance to committee members who are not elected members of a council in Greater Manchester. The draft order also changes a date within the process for setting the police and crime commissioner component of the mayoral precept for the Greater Manchester mayor. This has been requested by the combined authority to ensure that the scrutiny process is complete before the precept must be issued.

There have been two consultations undertaken by the combined authority in relation to proposals contained in schemes that are relevant to this order. The first consultation ran for eight weeks from 21 March to 18 May 2016. The scheme included the proposal that the mayor should control the Greater Manchester housing investment fund, in addition to the combined authority taking on a range of housing powers. The second consultation ran for six weeks from 4 July to 15 August 2016. This scheme made a number of proposals relating to committees that have now been legislated for, which is relevant to this order, as it is for members of these committees and sub-committees that the combined authority would be able to pay travel and subsistence and also refer to an independent remuneration panel for a recommendation on allowances.

There was general support for the powers consulted on, but few directly commented on these technical issues. The amendment to the process for setting the PCC component was requested by the combined authority to ensure that the statutory timetables for both components of the precept are properly integrated. As statute requires, the combined authority provided to the Secretary of State summaries of the responses to each of the consultations. Before laying this draft order before Parliament, the Secretary of State considered the statutory requirements in the 2009 Act.

The Secretary of State considers that making these constitutional changes on the Greater Manchester Combined Authority would be likely to lead to an improvement in the exercise of the statutory functions in the area of the combined authority. The Secretary of State has also had regard to the impact on local government and communities and the need to secure effective and convenient local government, as he is required to do. Also as required by statute, the constituent councils and the combined authority have consented to the making of this order.

In conclusion, implementation of the five devolution agreements made with Greater Manchester continues to progress at an impressive pace. We will continue to work and devolve more powers to Greater Manchester, contributing to greater prosperity and a more balanced economy, and economic success across Greater Manchester, the northern powerhouse and the country. I commend this draft order to the House.

[Baroness Pinnock (LD)]

My Lords, I remind the Committee of my registered interests as a councillor on Kirklees council—the proper side of the Pennines—and a vice-president of the Local Government Association. I apologise for my deepening voice and croakiness: I am sure I will last through the sitting.

The three amendments proposed in this statutory order all relate to governance. It is very important that any amendments retain public trust and confidence in the system and create an open and transparent process of decision-making so that residents feel that their voices are not only heard but listened to, acknowledged and—crucially—seen to significantly influence outcomes.

That is my starting point for assessing the changes proposed. The proposal regarding amending the process for agreeing the police precept is eminently sensible. I have no problem with what is written in the statutory instrument. The second change is the one proposing allowances for those involved in the combined authority. As far as I am concerned, that is a matter for local decision-making and the amendment enables a decision to be made. However, I always have an addendum to that: anybody who receives funding from the council tax payer will need to be answerable to them for any allowances they receive. I am not always sure that non-elected members appreciate the importance of that relationship.

I have a bit more to say about the third proposal, which contains what I regard—that is, read and interpreted—as a mayoral veto. The proposal enables any decision relating to the housing investment fund to be made by a simple majority vote of the combined authority—in other words, the leaders of the 10 councils in the Greater Manchester area—provided that the Mayor is on the winning side. So nine of the council leaders could decide that the proposal was not good and the Mayor could stop them. That seems to require further thought. The explanatory memorandum attached to the statutory instrument suggests that this implements a commitment made in the devolution agreement and links to that element of the agreement with the combined authority in Manchester. I wonder whether the Minister can provide us with the text and source of that commitment. I have read through every single word of that and nowhere does it say anything about enabling a mayoral veto. It says, under planning and housing, that the Mayor will receive strategic planning powers. This will give the Mayor the power to create a statutory spatial framework for the city region, which will need to be approved by a unanimous vote of the Mayor’s cabinet. This will be in line with the strategy currently being developed by the Greater Manchester Combined Authority, or GMCA. Of course, there is a catch-all phrase in that list about any further powers we can give; perhaps it comes under that.

However, I cannot think that the members of the combined authority had envisaged, when this was agreed and consulted on, that democracy would be undermined in this way. Our democracy is precious and has developed on the basis of collective decision-making. It has served us well. People respect it, understand it and will not be content with its degradation. I hope that the Government will rethink this element of the statutory instrument.

Integrated Communities

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Thursday 15th March 2018 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I draw attention to my interests in the register as a councillor in West Yorkshire and a vice-president of the Local Government Association. I start by endorsing the condemnation of the abhorrent letters received by many people—among them, one of my friends.

There is much to be welcomed in this Statement on the integration strategy Green Paper. The Government are at last thinking about the issues and the remedies. Before I comment on some of the main headlines in the Statement, I will draw attention to the thinking at the heart of this policy proposal. The Statement defines integrated communities as ones where,

“people—whatever their background—live, work, learn and socialise together”.

That is a sweeping statement. Within the majority white community, this is patently not the case and never has been, which is why I question that broad assertion. Perhaps what the Green Paper needs to focus on is those elements of our common life in this country that enable each individual to play a full part rather than to attempt a forced integration, which seems by its very nature to frown on differences. I support the Statement when it says that,

“a diverse society does not mean a divided society”,

but the language used to describe the current position and the changes desired is very important, and something is lacking in some parts of the Statement and the Green Paper. Will the Minister reflect on that word “integration” and on whether “cohesive communities” may better describe the aim of the proposals?

The Government have listed five relevant areas for action if our diverse communities are to be more cohesive. Some of us in leadership roles in local government took action when funding was more available. Noble Lords may be aware that I was leader of Kirklees Council— just south of Bradford, which was mentioned in the Statement—which has had its share of difficult situations emanating from communities that were not in touch with each other. We tried a number of schemes, many of which showed successful outcomes. I hope the Government may seek to introduce some of them in the listed areas. They included: school twinning, where children met together to share activities such as art and sport; cookery classes for women from different ethnic backgrounds, where they could share recipes, which was very successful; a programme of sporting activities organised by a community group, with a community cup at the end of it, which was hugely popular and successful in bringing children and young people together, mainly to play football; and an interfaith programme, which was mainly focused on schools but also open to adults, and involved visits to mosques, gurdwaras and churches.

Of course, all these additional activities need funding, and as funding disappeared, so, sadly, did the activities. But a few remain. There is an annual cricket match between Christian church leaders and Muslim imams, and interfaith activity continues, led by a Church of England bishop and a Muslim leader. These activities did much to bring people together. Can the Minister say whether the Government are seeking to promote these sorts of activities and, crucially, whether funding will be provided at adequate levels?

I will draw attention to two areas in the Statement, the first of which is language. People who are unable to be fluent in English are at a disadvantage, and their lives are more isolated and restricted. The Government of course made the decision that support for the teaching of English as a second language was no longer needed, and slashed the funding. How schools manage to be effective in the classroom when the children are not able to speak, let alone read or write, English is a marvel to me. ESOL spending must be increased, and be sufficient to meet needs. Perhaps the Minister may be able to commit to that extent of new funding.

The other area I want to focus on is low skills—a critical factor both for white boys and young men and for those from minority ethnic backgrounds. In Bradford, this is the source of much of the inter-community distrust. FE colleges have a key role to play in enabling young people to acquire relevant skills so they can join in and have employment, which gives them some hope for their future.

There is much that must be done if the aim of the Green Paper is to be achieved. I welcome the integration and innovation fund, as long as it is adequate to meet the need. Unless it is, integrated communities will remain a distant prospect, with all the risks that that leaves behind.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their contributions and questions, and I shall try to deal with the points they have raised. First, I thank them for their support in condemning the dreadful and abhorrent “punish a Muslim” letter that we have seen. There are, understandably, a lot of people who feel vulnerable and frightened, and I hope we can send out messages to all our faiths, and to people of no faith, to be protective of Muslims, particularly on 3 April. The signs are that many will, quite rightly, defy that dreadful threat and not stay indoors. We particularly need to give reassurance about how awful and gut-wrenching the vast majority of the people of this country find those letters.

I shall pick up some points made by the noble Lord and the noble Baroness and try to deal with them generically, so far as I can. First, I extend thanks on behalf of everybody for the work of Dame Louise Casey in this area. Of course, we have built on her work, and she has made a massive contribution to thinking on this subject.

English language provision is very important. I have seen that it has been transformational; I have seen and visited English language classes in the East End of London, in Whitechapel, and have seen the difference they are making, particularly for Bangladeshi women who have had their lives transformed. That does not just mean the possibility of getting a job, though it is partly that, but the ability to go out of the home and mix with other people. I totally accept the importance of this up and down the country. Of course, this is partly an issue of funding, but not totally. When I looked at the funding for Near Neighbours, I saw that some programmes were able to do far more than others. We will need to look into that, too.

The consultation has been mentioned, and it is important that we get communities to talk about these things and contribute to the consultation, which will range widely over many areas. For example, we are looking at education and issues relating to marriage. The consultation is open until 5 June.

The noble Lord, Lord Kennedy, raised particular points about education and what will happen in the five trailblazer areas. Obviously, although they have some similar challenges the areas are all very different. We will want to speak to and work constructively and intimately with those five authorities, but the work is not limited to those five: we want the work to go wider, to all local authorities, which will be contacted about the Government’s proposals and the consultation. Again, we would encourage people to participate in that consultation. I hope the noble Lord will forgive me if I write on any points that I have not covered.

The noble Baroness, Lady Pinnock, talked about forced integration but I have to say that I do not recognise that. Perhaps I may give an example of something which in no sense involves force but just provides opportunities for integration and mixing. When I visited Bradford, I met up with the Bangla Bantams from the Bangladeshi community. They now support the football team and are an intimate part of it. That had not been the case until the dreadful fire—and what an awful fire it was. However, because they lived close to the ground, people who were then without mobile phones—this was the pre-mobile age—went to their homes and said, “Can we use your phone?”, because it had been such a dreadful fire. Friendships and relationships were formed and now, a generation on, it is very natural for people from that community to be a part of the network that supports the football team. That is one example of something that happens, in a sense, by accident—an awful accident—but those are the sorts of opportunities that need to be fostered and encouraged.

The innovation fund to which the noble Baroness referred will very much be open to individual bids for the sorts of opportunities that she was talking about. Often when going round the country, we find that the things that bring people together are food, sport and music. She referred to a cricket match. In Chelmsford there is an annual cricket match between the local mosque and the cathedral, and again that has built up a relationship in the town between different people. These things are very important and need to be fostered. It is not just about that but those sorts of opportunities help to encourage integration.

I hope noble Lords will forgive me if I have missed any points. If I have, I will pick them up in a write-round letter to all those who participate in the Statement and I will ensure that a copy is placed in the Library.

National Planning Policy Framework

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 6th March 2018 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I draw attention to my registered interests as a councillor in the local borough of Kirklees and as a vice-president of the Local Government Association. The consultation document that the Government have issued details new changes and collates existing measures into an amended NPPF. The details will obviously be the subject of detailed debate at a later date. Today, we have the headlines of the general thrust of government policy on the planning process and housebuilding.

Over the past few days, the media have been full of rhetoric and what I regard as the unedifying spectacle of the Government in full blame-game mode. The blame is on local planning authorities for failing to allocate sufficient land and be efficient in the planning process; the blame is on developers for failing to build allocated sites. But planning for housebuilding depends on three key players: government, the local planning authorities and developers. All need to work together if housebuilding is to achieve the targets rightly set by government. Resorting to a blame game does nothing but create a negative atmosphere.

The Government must consider and be transparent about their role in the planning process. When local authorities develop their strategic plans, it is with clear expectations of housing numbers and site allocations set by government. Once this plan is signed off by councils, it is then inspected for soundness by a government-appointed planning inspector who can, and often does, recommend changes to the plan—recommendations which are difficult to refuse. So despite the rhetoric, it is the Government who are setting the broad requirements and enabling the loss of green-belt land. Can I suggest to the Minister that some clarity of leadership in these matters would be more effective than exhortations and blame? Constructive leadership from government would be more effective in getting the minority of local authorities that have not succeeded in fulfilling government expectations to do so.

Moreover, despite their protestations, evidence shows that developers do land bank, waiting for prices and consumer confidence to rise. Developers are reluctant to build low-cost housing because profit margins are lower—thus not building all the house types in the numbers that are needed. None of this will change without government policy changes, so I welcome the proposal for an investigation into land banking, as long as it leads to actions that restrict it.

If this country is to provide an adequate supply of housing to meet individual needs, more fundamental changes are needed than are being proposed. Perhaps the Minister can respond to some of these issues. First, there is pressure on the south-east because the Government do not have an economic regional policy that draws investment away from the south-east. Developing one would be a significant aid to housing policy. Secondly, that word “affordable” should be abandoned in relation to housing. It is misleading because affordable is what it is not: it is just not as expensive. Thirdly, the National Planning Policy Framework should be amended to enable councils to specify in their strategic plans different housing types on each site allocation: for example—there is some reference to this in the consultation document—housing for older and disabled people. Councils must be encouraged to take responsibility for building homes for social rent. These changes are sadly missing from the consultation. Exhortations to use brownfield sites will fall on deaf ears if the Government fail to provide support for the remediation of sites which are severely contaminated—I speak from bitter experience in my own area.

Finally, perhaps the Minister will be able to explain the Government’s financial commitment to enabling development through providing funding for essential infrastructure. I am not referring to the infrastructure fund. Currently, government policy appears to be to pass on the infrastructure costs of the development that the Government want either to the developers via the community infrastructure levy and Section 106 funding or to local people through a new tax, the infrastructure tariff that I read is part of the proposals. Will the Government change their tune away from the destructive blame game to purposeful leadership so that we can get the housing that this country and its people need in the places that they need it in a sustainable way that does not take away precious green belt land?

[Lord Bourne of Aberystwyth]

My Lords, I shall respond to the contribution of the noble Lord, Lord Kennedy, and then turn to that of the noble Baroness, Lady Pinnock. The noble Lord made a very wide-ranging contribution that went well beyond the Statement. I will endeavour to pick up the points, but a lot of his contribution seemed to be on what was not in the Statement, rather than what was, but I shall try to deal with the issues he raised.

First, his mention of rough sleepers enables me to thank local authorities and charitable workers for their magnificent response during the period of very cold weather we have just had. I know that my honourable friend the Minister, Heather Wheeler, has already spent time doing just that, and it is right that we do that. Some lessons have been learned and in that process we have been getting details of people who are rough sleepers, which will help tackle that problem. Let us be clear that it is unacceptable, and the Government have set out clear policies. We now have a Minister who is focused on the issue.

The noble Lord then turned to earnings in relation to affordability. He and others have used that phrase so I will use it, and it does describe the situation. This issue is crucial to the Statement and was dealt with in it, but I have to tell the noble Lord that the steepest earnings to affordability rise was in the Labour years, when it doubled, and the lowest peacetime build-out rates were also in the Labour years. I accept that we need to move forward and look at the issues, which we are addressing. As far as I am concerned, this is not about a blame game, and I will come to that point shortly, if I may, in answering the noble Baroness. This is about building more houses and a mix of houses and stating, once again, that the neighbourhood planning process is very much the right one. We took the Bill in question through to statute recently, and there was a consensus, largely. We are all committed to this neighbourhood approach, and I pay tribute to my noble friend Lady Cumberlege, who was very much part of that process. We are still very much committed to it; it is central to what we are doing, but that does not mean that the Government step away and do not have a policy on housing.

The noble Lord asked when some of these consultations will be ending. There are not that many consultations out at the moment. Two are referred to here, one on the NPPF, which ends on 10 May. As the Statement says, we anticipate carrying that forward in the summer. The other one is on developer contributions. That also ends on 10 May, and we would not want to hang about when it reports. A consultation is out on build-out rates and land banking. It is not announced in this Statement as it is already in process. It is an independent review being carried forward by Sir Oliver Letwin. It will report this year, I am sure, but that is a matter for him. We will want to take it forward. The other review, which was widely welcomed, is on the house-buying process, but that is a somewhat different area.

The noble Lord referred to the policy on ancient woodland, and I pay tribute to the noble Baroness, Lady Young, who evocatively referred to,

“the cathedrals of the natural world”,—[Official Report, 17/1/17; col. 161.]

and knew the way to progress this area. I am very pleased that it is included. There is, no doubt, still work to be done, but it is important. This is the first time it has been mentioned in planning guidelines, and that is also true of housing for older people, and I pay tribute to the noble Baroness, Lady Greengross, and others who helped on that. Design is also a central feature of this. Those three issues were raised and developed in the House of Lords, and I am very pleased that we have been able to carry them forward.

The noble Lord asked about the viability of town centres. The Prime Minister talked about that very issue and its importance when she launched this policy yesterday. This is something we want to carry forward: releasing property above shops and looking at whether empty shops are viable as homes if they are not viable as shops. They are very often near stations or other transport hubs, so we need to look at that, which is tied in with the issue of the future of our town centres.

The noble Baroness, Lady Pinnock, said she did not want a blame game and then proceeded to blame the Government—presumably starting from 2015 rather than 2010, when of course the Liberal Democrats were part of the Government. It is not about the blame game; it is about carrying the policy forward and ensuring that everybody does what they can to help with this issue. There are many things we can do, as a Government, as developers and as local authorities. In particular, the noble Baroness did not want us to blame developers. I hope we are not doing that, but she then went on to talk about the scandal of land banking, which sounded to me as if she was prepared to blame them. We want to look at that, and we have it under review. There is a genuine issue—I feel it too—with people who are keeping land and not developing it as they should, but that is part of the ongoing review. That was not announced yesterday, but some time ago, and is being carried forward.

The noble Baroness referred to a lack of regional policy. The policy on housing numbers is very much tied to each separate housing authority—to the price of housing in that area. The areas with the steepest prices are required to take the most action, in very broad terms, so this is integral to what we are doing. She referred to the need for housing for older people, which, as I have said, is in the National Planning Policy Framework for the first time ever. We need to work on it. She referred to the importance of brownfield sites, which I quite agree with. If she wants to address the issue of remediation, which she mentioned, I am very happy to talk to her about it and to look at it, but of course, we require local authorities to come forward with registers of brownfield land and to have a policy of building on brownfield first, before they look at green-belt land. The noble Baroness also talked about how we are looking to transfer some responsibility for delivery on to developers through the community infrastructure levy and Section 106—you bet we are. That exists at the moment, so I hope she is not suggesting we should take it away. We also have a policy of putting money in from the Government, through the housing infrastructure fund.

I do not want to indulge in the blame game. All the main parties in the Chamber have been in government since the war, including the Liberal Democrats, so blame can be fairly apportioned among political parties. This is about looking to the future and how we can deliver more houses in our country.

Local Neighbourhood Services

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 21st February 2018 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, the Government are undertaking a fair funding review of local government expenditure. What value do they intend to place on neighbourhood services such as parks and public open spaces?

[Lord Bourne of Aberystwyth]

The noble Baroness is absolutely right: a fair funding review is due to report—in 2020-21, I think—on relative needs. Obviously, I do not want to pre-empt that, but suffice it to say that parks are a very important service delivered by local authorities. I had the great privilege of visiting Brockwell Park in Brixton recently and seeing an excellent park provided by the local authority there—Lambeth, I think—and work being done on the green flag scheme. That is vital. It is a matter for local priorities. There, it was obviously something that the local authority was concentrating on but, as I said, I cannot pre-empt the review that we are holding.

Northamptonshire County Council

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 6th February 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right that this is clearly a serious situation. The problem is that while the best-value inspection is going on, I cannot comment on it. I am sure noble Lords will understand that. It is effectively sub judice. That said, in September 2017 the Local Government Association went in to look at what was happening in the council and made comments about the council having,

“no financial strategy to deliver a sustainable position”,

and a “short-term focus”. It also said:

“The Council has a poor record of delivering its approved budget”.


That said, it is now for the council officials who have served the Section 114 notice via the finance director to come up with a plan by 22 February, when the full council will meet to consider any relevant plan, to ensure that the council is put back on a stable footing. In the meantime, as I have said, services for vulnerable people and statutory services will continue to be supplied and council staff will be paid.

[Baroness Pinnock (LD)]

My Lords, as the Minister will understand, Northamptonshire is not alone in reaching the financial cliff edge. Professor Tony Travers of the LSE, an expert on local government finance, has said:

“I think there are others that are quite close to Northamptonshire’s position … I would be amazed if Northamptonshire was the only council to get into these circumstances”.


Does the Minister agree? Does he accept that the Local Government Association and others have a long list of councils reaching the cliff edge? Has he understood that the Government have accepted the need for extra funding; for instance, to postpone the social care crisis by introducing the social care precept, which means that council tax payers will be paying an extra 11% over the next two years? Are council tax payers still hard pressed or will they continue to pay an additional 5% or 6% each year?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness. I shall deal with the second point first, as it is more general and not specific to Northamptonshire, which is what the Statement is about. The social care precept has been introduced in response to widespread concerns, which I think are shared by the noble Baroness and her party, that we needed to do something like this—which will apply to Northamptonshire as well—to give extra leeway in relation to a need that is pressing on all our communities.

Turning specifically to Northamptonshire, the point is that it is alone. It has had two damning audit reports and a Local Government Association inspection and review in September. My right honourable friend the Secretary of State has ensured that there is an inspection on best value. It is the only one currently, and they are very few and far between. Tony Travers is certainly very distinguished, but the evidence I have—I have looked at this and so has the department—is that it is an outlier. Clearly we will keep these matters under review—it is important that we do so—but I certainly do not want people to go away with the idea that there are others at the cliff edge, as Northamptonshire is. There are not.

Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 6th December 2017 Grand Committee

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

My Lords, it is a great pleasure to see the noble Baroness, Lady Finlay of Llandaff, in the Chair. The draft Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017 were laid before the House on 19 October 2017—that is a relief. I had a feeling like when I passed my driving test and I was out for the first time: it is a feeling of great power, but as though I might need assistance. The regulations will increase nationally set planning application fees by 20% and introduce fees for new categories of development. If approved by the Committee and the other place they will come into effect 28 days after they are made. They are due to be debated in the other place a week today.

It would be useful to give some context to these regulations. We want to make sure that the planning system is valued, resilient and capable of providing the service that local people and planning applicants expect. We also want to provide local authorities with the capacity and capability to support the Government’s objective to build more homes more quickly. I recognise that planning fees have not increased since 2012; therefore, the increase in planning fees set out today is a significant step towards addressing the widespread concerns of underresourced local planning authorities.

The housing White Paper of earlier this year stated that we would increase planning fees by 20% for those authorities that committed to invest the additional fee income in their planning department. Ring-fencing the additional fees in this way will ensure that resources are directly invested to support the delivery of an effective planning system. I am pleased to say that all local planning authorities in England have accepted this offer. Based on current activity, this uplift in planning fees could generate more than £75 million of additional fee income annually for local authorities. This is equal to the average salary of approximately 1,600 planners and other professionals who play a role in the planning process. This should bring the total planning application fee income to approximately £450 million per annum. The 20% increase keeps planning application fees at a modest level for householders and developers compared to overall planning costs—roughly 0.25% of development costs, I think—while providing local authorities with the necessary resources to turn round applications efficiently and effectively.

In developing these regulations, we undertook a technical consultation in 2016 on proposals to increase planning application fees. The majority of respondents, from all sectors, supported increasing planning fees, often citing concerns about resourcing in local authority planning departments. We are also very grateful to the Local Government Association for its work to promote performance improvement. Local government authorities are our partners. Their research suggests that since fees were last increased in 2012, local authorities have been relying on local taxpayers to support the delivery of their planning services.

I turn now to the specifics of what the regulations do. They deliver the housing White Paper commitment to increase nationally-set planning application fees by 20% and to introduce other technical changes in relation to fees charged by local planning authorities. These changes deliver on previous government commitments.

Regulation 1 sets out the scope of the regulations, in that they apply only in England and will come into force 28 days after they are made. Regulation 2 provides for an increase of 20% for all existing fees for planning applications and advertisement consents.

In addition, the regulations bring forward four technical changes. Regulation 3 inserts a new fee of £402 per 0.1 hectare for applications for permission in principle. This will follow new powers that we intend to provide to local authorities to grant permission in principle to suitable sites on application. We will be doing that by regulation. In other words, this is a new fee for a new power that was not previously in the regulations. The same principle applies in Regulation 4, which enables any mayoral development corporation or urban development corporation to charge for giving pre-application advice. This provides the same powers to development corporations as already exist for other local planning authorities. Again, this is a new fee for a new process.

Regulation 5(2) provides for a planning application fee to be charged by local planning authorities for applications necessary because a permitted development right has been removed. The right may have been removed either through an Article 4 direction or through a condition imposed on a planning permission. Many noble Lords will appreciate that this delivers on a commitment I gave to my noble friend Lord True, and to others in the House, during the passage of the Bill that became this year’s Neighbourhood Planning Act.

Finally in relation to these technical changes, Regulation 5(3) introduces a new fee of £96 for requests for prior approval for the new permitted development rights introduced in April 2015 and April 2017. These include the rights for the installation of solar photovoltaic equipment on non-domestic buildings, the erection of click-and-collect facilities within the land area of a shop, the temporary use of buildings or land for film-making purposes, and the provision of temporary school buildings on vacant commercial land for state-funded schools. Again, all of those are new fees for new processes.

We continue to keep the fee resourcing of local authority planning departments at the forefront of our thoughts and to keep under review where fees can be charged. In the consultation document on local housing need, Planning for the Right Homes in the Right Places, we have consulted on the potential for increasing planning fees by a further 20% for those authorities that are delivering the homes that their communities need. Again, this was presaged in the White Paper. The consultation closed recently and the responses will help to inform our thinking on how to ensure that the framework for planning fees delivers the resources necessary to support high-quality performance. We are now analysing those responses.

In conclusion, I must reiterate that it is vital to have well-resourced, effective and efficient local authority planning departments in order to provide new homes and deliver economic growth. I pay tribute to the planning departments of our local authorities throughout England. We expect local authorities to match these recommended fee increases with an ongoing improvement of service when handling planning applications. In bringing forward these changes, we are ensuring that they have the necessary resources to take on and deal efficiently with the increasing demands being made of them. I commend these regulations to the Committee.

[Baroness Pinnock (LD)]

I draw attention to my registered interests as a councillor in Kirklees and as one of the many vice-presidents of the Local Government Association. As a local councillor and someone who is interested in planning, I welcome the 20% increase in fees across all types of planning application, although it has been a long time coming.

However, I note with some concern that the noble Lord, Lord Bourne, did not refer to the fact that the resultant gain in income will cover only around half of the current deficit in financing the planning applications processed by the local planning authority. Paragraph 7.3 of the Explanatory Memorandum draws attention to this. It says that,

“the Government is seeking to reduce the funding gap, and estimate that some £80m additional fee income will be raised annually”.

I also note that the Minister referred to an annual increase of £75 million. The paragraph goes on to state:

“Therefore, although the fee increase will help to address some of this shortfall, even taking this additional income into account, authorities’ costs will overall still be higher than the fee charged”.


We continue to say that the Government are expecting hard-pressed council tax payers to subsidise developers. Given that the interesting figure of 0.25% of planning costs is what the planning fee represents, it seems that we ought to be asking developers to pay the full cost of the planning application. My rough guess is that it would mean a 40% increase. It is not acceptable for council tax payers to continue to subsidise development, and the developers who will make considerable profits out of the projects they undertake.

I noted the new type of planning known as “planning in principle” referred to by the Minister. When I read it, it seemed to be outline planning consent, and I would like to understand what the difference is. In the explanation it talks about there being none of the detail but perhaps only access and considering the principle of building on a certain site. I take that to be outline planning consent and I should therefore like to know what the difference is.

The Minister went on to refer to the opportunity of a further 20% increase in planning fees which would be dependent on local planning authorities delivering on housebuilding targets. This is a bit of a punishment for those authorities that grant planning consent for applications in a timely way but then find that developers sit on them for years and keep coming back with requests for time extensions on their permissions. I cite my own ward in Kirklees, where we have 600 planning consents—that is just one ward, not a whole authority—waiting for development. No doubt my council would not qualify for the further 20%, regardless of the fact that it had granted all these planning permissions.

Perhaps it is because I am new to all this, but I want to comment on this business of the Government undertaking to define planning application fees. Planning permissions and the whole planning process are a local planning authority matter and I believe that planning fees ought to be determined by local government. I do not understand why central government wants to keep such a tight hold on this. If there was more freedom for local planning authorities to determine fees, I am sure that they would introduce innovative processes and be a bit more business-like. If you wanted to attract more development, maybe you would cut fees for development that was within the local authority’s strategic vision. I am not sure why central government has to keep a tight hold of planning fees. I look forward to the Minister’s response on that.

With those comments, in totality I welcome the increase in fees. Local taxpayers have subsidised development for far too long. I look forward to a further 20%, so that they do not subsidise it at all.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I welcome the noble Baroness, Lady Finlay, to the Chair, as did the noble Lord, Lord Bourne. I draw the Committee’s attention to my registered interests as a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.

Like the noble Baroness, Lady Pinnock, I welcome the measure as far as it goes, in that it increases the fees that local authorities charge for planning applications. That is welcome, as are the fees for the new categories. The 20% increase will make a difference, but council tax payers will still be subsidising the planning process. As has been mentioned many times, that is regrettable. In paragraph 7.3 of the Explanatory Notes, that seems to have been accepted, although I do not think that these proposals go far enough. As the Explanatory Notes say, the last increase was in 2012, which highlights a problem—that is five years ago and costs have gone up since. I accept the point that the noble Baroness, Lady Pinnock, made in asking why the Government are still setting these fees nationally. If they are going to carry on doing that they should look at some way of inflation-proofing this, otherwise we will be sitting here in another five or six years’ time agreeing the fees again. Costs increase all the time for local authorities and waiting five years is far too long. As the noble Baroness said, these matters should be dealt with by local authorities, which will set fees connected to their areas.

The Explanatory Notes also mention applications for permission in principle. A new figure is being proposed, but the fee is set lower than it is for present applications. The justification is that less work will be involved, so you do not need a bigger fee. But of course the fee we have now does not cover it. There is a new fee to be charged but, again, it will not cover the cost of even that work. That is odd logic, unless you always want to set the fees at a lower level than the cost so you always have the council tax payer subsidising the payment process. I would have thought that we would want to get out of that at some point—if not today, certainly in the future. Having said that, I welcome the increase. It is going in the right direction.

We will be talking about pilots later but I have suggested before that perhaps at least one council in the whole of England should do a pilot on full costs recovery. I cannot see the harm of just trying it. At the end of the day it may not work, but if we could find one place to volunteer to do that it would give the Government useful information about whether that is something we could do. I have called for it, as have colleagues. Perhaps we should do that. Having said that, I am happy to support the regulations, as far as they go.

Telecommunications Infrastructure (Relief from Non-Domestic Rates) Bill

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

3rd reading (Hansard): House of Lords
Wednesday 6th December 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am very grateful to the noble Lord, Lord Bourne of Aberystwyth. I draw the House’s attention to my interests as a local councillor in Lewisham and vice-president of the Local Government Association. As he said, we had a very fruitful meeting after I tabled my amendment at Report. I was very happy to withdraw that, and I am very pleased with what the Minister has brought back today. As he says, it has enabled the Government to put the dates in the Bill. If they want at some future point to extend the scheme, they can, without the need for primary legislation. It is a very sensible move.

[Baroness Pinnock (LD)]

My Lords, I draw the House’s attention to my register of interests as a councillor in Kirklees and as another vice-president of the Local Government Association. As we discussed on Report, we agree with and support the amendments proposed by the noble Lord, Lord Bourne, and initiated by the noble Lord, Lord Kennedy. We thank the Minister for his very helpful meetings on the Bill. I have certainly explored a number of issues, although I have not got very far, and I do not intend to let them go. There is a growing need to think about the accessibility and affordability of broadband and mobile networks for people less well off than the majority, when they are going to rely on them for access to public services and other important aspects of their lives. That issue will not go away, and I hope Ministers will take that point away and think about it.

As for the amendments, we will obviously support them.

[Lord Bourne of Aberystwyth]

My Lords, I shall respond to the typically generous comments from the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, regarding the Bill in general. I also want to put on record a couple of other issues. First, I undertook that we would look at gaming, and after discussing the issue with Ofcom and Gamma Telecom—I have shared this with the opposition parties—they have concluded that there is no risk of gaming in relation to fibre, but we shall keep a watching brief on that issue. I also take note of what the noble Baroness said about rural issues and deprived and isolated areas that are difficult to get to. Again, we would want to take account of and pay special attention to that.

At Second Reading we benefited from hearing about the concerns about business rates of the noble Earl, Lord Erroll, and my noble friend Lady Harding. I am very grateful to the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their constructive approach to the Bill. I am also grateful to my noble friend and co-pilot Lord Ashton for the support and expert knowledge he has provided throughout the Bill’s passage. I also extend thanks to the Bill team: Jonathan Denning, Nick Cooper, Pete McDougall, Stewart Kemsley, Thomas Adams and the ever-smiling Homaira Abdullah.

This Bill will help to close the digital divide and to get higher-quality, more reliable connectivity to households and businesses across the country, benefiting every sector of the economy. I beg to move.

Grenfell Recovery Taskforce

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Monday 6th November 2017 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I draw noble Lords’ attention to my entry in the register of interests as an elected councillor in the borough of Kirklees and as a vice-president of the Local Government Association. I welcome today’s Statement on the interim report of the task force. However, I draw attention to one of the four priorities that were set by the Secretary of State for the work of the task force—that it would,

“ensure that all the immediate housing needs resulting from the fires are fully and promptly addressed by RBKC”.

But we have heard today in the Statement and the interim report that the number who have been permanently rehoused is pitifully low. Four months after the dreadful fire at Grenfell, only 26 of 204 families have been rehoused permanently and 130 are still in emergency bed and breakfast accommodation. I find that disgraceful and a tragedy; I hope that the Minister will be able to tell us why those figures are so low. The full report also asks for an immediate strategy and agreed targets for rehousing. It would be good to hear from him whether that has been done, whether targets have been set and what they are. That is the most important feature of the aftermath of this dreadful fire.

The second point that I would draw attention to is that the report, I am pleased to say, makes no immediate recommendation about the future of the tenant management organisation. Fears have been expressed in the media by residents that disbanding the TMO would lead to avoidance of effective scrutiny of its actions or inactions, and the avoidance of potential prosecutions. Can the Minister confirm whether that is the case? Will the TMO remain in place until the report of the Prime Minister’s inquiry and for any consequences of that inquiry?

The third issue that I raise is not referenced in the report, which is strange. It is the consequences of the fire and the impact on those families in the adjacent tower blocks. For example, what action is being taken to have the fire hazard panels replaced? What government contribution will be made towards their replacement?

Lastly, the final recommendation in the interim report talks about the awful consequences of having the burnt tower remaining in place. It recommends:

“Covering the Tower: Management of the site is not currently the responsibility of RBKC. Nevertheless we would strongly recommend that those responsible for it accelerate covering the Tower. It is reprehensible that it has remained uncovered for so long”.


It then gives a timetable for it to be done by December 2017—in six weeks’ time, perhaps. That is unfortunately not mentioned in the Secretary of State’s Statement, but it is an important step towards a healing process and I urge the Minister, if he is not able to reply this afternoon, to give us a written response.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their responses and I will try to deal with the points that they raised. First, I join with the noble Lord, Lord Kennedy, in his tribute to the public sector. I wholeheartedly agree, as he knows. We have been here before, but it is certainly worth restating the continuing role played by the public sector and the role that it obviously played in the immediate aftermath of the fire—the fire service, the ambulance service, the police, the whole of the public sector and local government—along with the voluntary sector, the local community of North Kensington and many individuals who went along to help. It showed our country and our society at our best. I thank the noble Baroness for also making that tribute. I certainly also echo what the noble Lord, Lord Kennedy, said about Barry Quirk, who is doing excellent work in helping in relation to Grenfell.

I will try to deal with the points raised. First, the Secretary of State has made it absolutely clear on behalf of the department and the Government that all options are on the table for the future. The task force has recommended that at this stage commissioners are not appropriate, but that does not mean we have taken that option off the table. Of course, it is a possibility for the future if we feel it necessary. But the report makes the point that significant progress has been made, although more progress is needed. The Government have accepted the report in full, which covers the comments about the clothing of Grenfell Tower, which I wholeheartedly agree needs dealing with in very short order. I will come back to the timescale, if I may. But to restate, the Government have accepted all the recommendations of the task force as, to be fair, has the Royal Borough of Kensington and Chelsea, in relation to those comments addressed to the borough. As the noble Baroness made clear, the clothing of the tower is not the responsibility, as things stand, of the local borough.

The noble Lord, Lord Kennedy, asked about working with the opposition party, or parties, in the Royal Borough of Kensington and Chelsea. That is something for them, but we would very much encourage the council to look at how to work together. It is obviously far better if parties work together, as we have been doing in this House, so I would certainly encourage that.

As to how we as a department have bolstered—an appropriate word used by the noble Lord—in this context, we have certainly been helping with housing issues and encouraging the appropriate use of the NHS, and with community engagement. Staff are still there; I spoke to some this morning and that work goes on. He talked about the barriers to rehousing. Once again, as he knows, this is a complex position in the Royal Borough of Kensington and Chelsea. We can push for and ensure that there is a speedier response, and the task force recommends that. The Royal Borough of Kensington and Chelsea will make an announcement about the appropriate strategy as we move this forward. But some things, in all fairness, are more difficult. Some families have moved into temporary accommodation, and I think in some cases to permanent accommodation, then changed their minds. We are keen to listen to what local people want so we have sought to honour that because feelings are still very raw. Sometimes people feel that they want to move close to the tower and then change their minds, understandably. So there are barriers other than the process arrangements set by local government and central government.

It remains the case that we want 300 potential houses. That is the target of the Royal Borough of Kensington and Chelsea, and I am sure that the council will say more on this when it makes an announcement shortly, specifically about how we get there by the end of the year. That is broadly the number of permanent homes needed. In fact it is more than is required but one feels the need for a bit of a cushion. If I am not wrong, I think that there are around 160 available at the moment, which leaves another 140 to be brought on. There has to be, and to a degree there has been, a cultural change on the part of the borough. In fairness, I do not think that any local authority would have been able to take on this sort of challenge without making some incredible changes. Some of those have happened in Kensington and Chelsea, although clearly more still needs to be done.

The noble Baroness, Lady Pinnock, asked about households that were living not in Grenfell Tower or Grenfell Walk, but in the walkways. There is still a need for them to be permanently housed as well. Again, I think the feeling among many of those families is that they do not want to move back until the tower is properly clothed, which goes back to the point that she rightly picked up on. She also raised the issue of the tenant management organisation. We do not want it to disband because of the possibility—I should state that it is important that we get this legally right—of prosecution. There needs to be the possibility of prosecuting authorities and individuals, and therefore from that point of view its status will remain. I say that without prejudice to anything that is found in the inquiry or by the CPS. In terms of running the housing, of course the organisation was removed immediately and we have not yet made a decision about what fresh arrangements will happen. Again, we will want to look very carefully at all the options for future housing arrangements for Kensington and Chelsea. We are not saying that it will be a, b or c because it is something that needs to be looked at. The point was picked up in the task force report, and it remains the case that all options are open.

I have written something down in my own handwriting which I cannot remotely read. I hope that noble Lords will forgive me if I pick up the point in the write-around later. I turn to the timescale for the tower, which was raised by the noble Baroness, and where the work needs to be done by December 2017. As I say, the department and the Government have accepted all the recommendations, so we are looking for that to be completed within the timescale. I reiterate that the Secretary of State has made that absolutely clear on behalf of the Government.

Telecommunications Infrastructure (Relief from Non-Domestic Rates) Bill

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Committee: 1st sitting (Hansard): House of Lords
Tuesday 24th October 2017 Grand Committee

[Baroness Pinnock]

My Lords, I support the amendments tabled by the noble Lord, Lord Kennedy, because he, like I did in previous amendments, seeks to focus the relief provided in the Bill on those places and areas that need it most. He is asking to put in safeguards to prevent some companies deliberately laying cable with no purpose and to ensure that what is done on rate relief achieves the outcome the Government seek, which is to provide more domestic premises and businesses with fast broadband connectivity. I look forward to the response from the Minister—I am not sure which one, perhaps it will be a double act. The questions that the noble Lord, Lord Kennedy, has raised are important and need an answer.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Northern Ireland Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, on this occasion I am genuinely grateful to the noble Lord, Lord Kennedy, for raising this matter. I am not always grateful to him for raising matters but I am today. I am grateful also to the noble Baroness, Lady Pinnock, for her comments. We have a shared interest here, in that I cannot believe that anybody wants to see gaming in the system.

Concerns about gaming in the proposed rate relief for new fibre were raised by a small number of operators in August, when we first shared with them our proposals for the draft regulations. As the noble Lord has said, my noble friend Lady Harding raised this issue at Second Reading. I think she went on to say that she was not by any means convinced that there would be gaming but she raised it as a concern, so we share an interest in ensuring that there is not gaming.

Other operators have told us that they do not believe there is scope for gaming and support the proposed scheme. Nevertheless, we take this matter seriously and have been investigating these claims. Overall, our initial view is that it is unlikely gaming will be used in this tax relief. As I have said, we continue to discuss this with the sector and we are still gathering evidence.

However, if it will help the Committee, I will explain in a little detail why concerns as to gaming have arisen, why we believe such gaming is unlikely, in practice, and how I propose to deal with the matter between now and Report. What is being seen as the potential risk of gaming comes from the line we propose to draw in regulations as to when the relief should apply. New fibre installed after 1 April 2017 will receive the relief. However, some operators will choose instead to use existing fibre optic cable which was installed prior to 1 April 2017 but has not yet been activated. This is known as dark fibre. The objective of the measure in the Bill is to support investment in new fibre broadband infrastructure. Therefore, previous investment in existing fibre, including dark fibre, is not considered to be new fibre, has not been incentivised by this measure and will be outside the relief.

We have heard concerns that the proposed different treatment in the relief scheme of new fibre, which gets the relief, and dark fibre, which does not, could lead to some gaming in the system. It has been suggested that telecom operators may replace or duplicate existing dark fibre with new fibre merely to secure the rate relief. It has also been suggested that some operators may install new fibre in existing locations to gain a competitive advantage over existing operators in that location, merely because of the rate relief.

To understand this better we are investigating the costs and operational implications of installing new fibre into existing infrastructure, such as ducts. By comparing these costs to the potential saving on business rates from the new fibre relief we can identify where, in principle, the scope for gaming exists. To help us with that work we have held discussions with telecom companies regarding this matter and are now considering evidence provided by one operator, Gamma Telecom, which I mentioned at Second Reading. The consultation on the draft regulations runs until 21 November, and during this time we would like to hear views from other operators regarding the risk of gaming. This work is at an early stage and noble Lords will understand that some of the data we are using in this study is commercially confidential.

Our initial findings are that in the vast majority of cases—perhaps covering more than 99% of the telecom network—it will not be financially viable for operators to install new fibre merely to gain the relief. In those cases, the cost of purchasing the fibre and the labour costs associated with opening existing ducts—putting the fibre through those ducts and then connecting the fibre—exceeds the saving from business rates. In those situations it will be cheaper to use existing dark fibre, so gaming would not occur. Our focus, therefore, is on smaller networks where the business rates paid in respect of each kilometre of network are higher than for larger networks. The potential for making a saving in business rates is therefore also higher.

We are looking closely at the circumstances in which new fibre may be installed in existing smaller networks and exploring more of the costs associated with accessing existing ducts. These circumstances account for a very small fraction of the telecoms network—probably less than 1%. That said, I cannot see why 1% should be ignored and if there is evidence of the possibility of gaming, I would want to ensure that we act. But even if there are circumstances where, in principle, the rates saving exceeds the costs, it does not necessarily follow that, in practice, gaming is viable. For example, it may not be possible to add new fibre to ducts which are already in use, while switching from one fibre to another may cause interruption or disruption to the customer, which may be especially unacceptable for business customers and unattractive to the operator. But, as I have said, we agree with the noble Lord and the noble Baroness that we do not want a tax system that is open to gaming in the way that has been suggested. If from our work with the sector we conclude that gaming is likely, I assure the noble Lord and the noble Baroness that we would consider how to amend the draft regulations to prevent it.

The amendments we are considering would move the definition of new fibre into the Bill. This would in fact significantly limit our ability to tackle any gaming. The approach in the Bill of defining in regulations the meaning of new fibre gives us the scope to first identify the circumstances in which gaming might arise before we devise the solution. It allows us to ensure that any solution is practical and to respond quickly to any future circumstances where gaming might arise.

Moving on to the practical points put by the noble Lord and echoed by the noble Baroness about meeting the sector, as I have indicated, I intend to meet Gamma between now and Report, which will probably be towards the end of November. I will certainly keep the House—including the noble Lord and the noble Baroness—informed about how the discussions are going. I would be happy to include them in the thrust of what is happening, and expect to act on any concerns about gaming which indicate that this issue needs addressing. As I say, we are as keen as they are to tackle any potential gaming. I hope with that assurance and the guarantee that I will keep the noble Lord and the noble Baroness involved with what is happening, that the noble Lord will feel able to withdraw his amendment.

District Councils

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Thursday 19th October 2017 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Northern Ireland Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, I thank the noble Lord, Lord Greaves, for moving this debate and outlining the importance of district councils, the range of services that they cover, the area coverage and the trusted, familial and responsive nature of district councils, as well as for the energetic way in which he always represents the best interests of Pendle, which came across again today.

In trying to set the scene for this debate, I have to say that even I noted perhaps a slight tension, a frisson, between the opposition parties—a hint of disagreement from the noble Lord, Lord Beecham, for example, which was uncharacteristic. Let us reflect on where we are with this. I do not think there is any question that we would all wish to spend more in local government but we all have a responsibility, which came across earlier this week, on intergenerational fairness. At the moment, we are still running a considerable deficit. There has been a lot of talk of cuts and so on, but noble Lords should cast their minds back. As the noble Lord, Lord Shipley, referred to, when the coalition Government came in in 2010 there was a dreadful financial position. That has been ameliorated, but we are not out of the woods yet. Those parties and individuals who understandably want to spend more money have a duty to tell us where that money would come from. Would it come from increased borrowing, taxation or a combination of the two?

[Baroness Pinnock]

Stop Brexit.

[Lord Bourne of Aberystwyth]

I think I heard a murmur that it could come from cancelling Brexit. If people are suggesting that, they had better tell us how they are going to go about doing it. There are some serious fundamental issues lying behind any increase in spending.

That said, we have councils up and down England providing essential services to millions of people. I know district councils in particular are at the front line of our democracy; they play a vital role in our society. As I say, they are familial, trusted and, obviously by their very nature, local. They are responsible for providing housing, collecting local taxes, protecting our environment and shaping our community. District councils provide these services, and they are services that people value and depend on on a daily basis.

I am grateful to some noble Lords for indicating that there are ways in which local government can save money, and indeed has done, by the merger, sometimes voluntary, into unitary councils. The noble Lord, Lord Shipley, referred to this. Sharing back-office functions sometimes makes sense. The noble Baroness, Lady Pinnock, mentioned, perhaps critically, rationalisation of waste collection. This is often a sensible way to save money, not something that is necessarily bad news. We have to look at what is proposed.

We also need to put it in context. In the 2015 spending review, the Government delivered £200 billion for local government—a significant amount—and in 2016 we provided an unprecedented four-year financial settlement offer, which 97% of all local authorities accepted. We did this because local government was asking for certainty, and we recognise the need for that; that is absolutely right and fair. The settlement will see a modest increase in funding in cash terms—in cash terms, I acknowledge—over the period covered and, as I said, we still face a challenging national debt which is at nearly 90% of our GDP. Nevertheless, the settlement is designed to ensure that councils have the right level of funding for the most important services that they offer. The noble Lord, Lord Shipley, referred to the challenge of rurality. The settlement includes a dedicated grant worth more than £260 million for rurality.

We are in the second year of that multi-year offer, and we recently published a consultation on our approach to the third year. This includes—something that was touched on—a commitment to continuing the reforms to the new homes bonus, as laid out last year, and the social care challenge. The noble Lord, Lord Kennedy, rightly recognised the size of that challenge. He said that it might lead to increasing costs; I do not think there is any doubt about that, as it certainly will. He is absolutely right that we should welcome the fact that people are living longer, but it means additional costs to the health service and social budgets. That represents a challenge, which the Government are looking at, and we will bring forward proposals on how to face it. I think that there is recognition around the House that this problem is faced by the country, and we need to square up to that challenge as a country. I am sure that we will be able to work together on it.

The new homes bonus—to return to it—has been successful so far. It has allocated more than £6 billion, reflecting more than 1.2 million new homes. People have referred to the importance of new housing, and I will deal with some of the specific issues raised later. The council of the noble Lord, Lord Greaves, Pendle, is set to receive more than £4.5 million over the course of the Parliament, around 13% of its total core spending, but we need to explore every possible option to support the creation of even more homes for our communities. The Government continue to be committed to incentivising local authorities to support housing growth in their areas; it is something we value. This is why we are currently consulting on a methodology for reducing payments for new homes where planning permission is later granted on appeal. That seems to us to be the right thing to do. Decisions on any changes will be made in light of this consultation, and, as I said, we will be bringing forward our proposals.

When it comes to increasing our country’s housing supply, we stand behind local government. The new homes bonus is one way in which we do this, but there are others, and we know that we need councils to continue to deliver. We have introduced our new £2.3 billion housing infrastructure fund for all councils to bid into, and we have already committed more than £1.7 billion of the home building fund, which will deliver more than 100,000 homes and create thousands of new jobs.

We are also engaging in bespoke deals, which are progressing in, for example, Leeds, Manchester and the West Midlands. I think a specific question was asked about the £2 billion additional money that has been announced. I said earlier this week, I think, but I am happy to restate it, that we will be bringing forward our specific proposals as to how that money is to be spent and, of course, a great deal of it will be on social housing. We will publish those proposals.

District councils play a particularly vital role as local planning authorities, and reference was made to planning departments. The noble Baroness, Lady Maddock, the noble Lords, Lord Beecham and Lord Kennedy, and others spoke of the importance of ensuring that we deliver on the 20% increase, which was referenced in the housing White Paper. I apologise for again restating a policy that has already been announced, which is something I was criticised for, but I have been asked what we are doing on it and I can say that we will be delivering on that 20% additional fee by the end of the year. That has been broadly welcomed, and I am glad that we are able to deliver on it. All planning authorities have accepted and confirmed that they will ring-fence the additional income for investment and planning. We are also, as noble Lords will be aware, consulting on options to go further and to allow an increase of another 20% for those authorities delivering on their housing need, thus coupling additional money for planning departments with increased housing supply, which I know is something noble Lords understandably are keen on.

Reference was made to energy efficiency by the noble Baroness, Lady Maddock, and I know she does great work on this—we engaged together on this area when I was in a previous role on climate change—and the noble Lord, Lord Shipley, also talked about energy efficiency standards. I will ensure that a copy of this debate is passed to BEIS, which leads on energy efficiency, but much is happening through product regulations and through the action of the market on things, such as cars and so on, in reductions of carbon. We published last week The Clean Growth Strategy, setting out proposals for decarbonising all sectors of the economy, so that is happening, too.

Looking to the future, we have ambitious plans for the local government funding system. Questions were asked about this. We are committed to our manifesto pledge to give councils even greater control of the money they raise locally. We will press on with these reforms to increase business rates retention. I think it was the noble Lord, Lord Beecham, who asked about smoothing mechanisms to make sure there was a fairness element. Of course, that will be inherent in it.

I know from the current retention scheme that Pendle benefits, as does Lancashire generally, from the Lancashire business rate pool. Pendle is forecast to increase its business rate income above its baseline level by more than 10%. This year, Lancashire’s business rate pool members will have an estimated extra income of £9.8 million. We want to increase further that reward for growth.

In September, we published a prospectus for a new tranche of pilots for 100% business rates retention. I urge members to participate in that—applications for the pilots close on Friday 27 October, which is a week tomorrow, and there are five spaces. We launched the prospectus, as I said, in September, and that would be for 100% business rates retention, so it may well be of interest to district councils. From next year, successful applicants will run alongside the current five pilots. These authorities will be able to keep even more of the growth in their business rates income, with no impact on the rest of their funding. They can use that growth to invest or spend on services. Our pilots will be invaluable in testing our reforms to ensure an outcome which delivers for the whole of England. So those pilots are extremely important.

We have recently relaunched our steering group, looking at how we progress business rates retention beyond the current level independently of those pilots. My department co-chairs the steering group with the LGA to look at ways to move forward without primary legislation. We can certainly achieve much by secondary legislation, and we will come forward with suggestions and publish them. We are analysing more than 200 responses to a further consultation on business rates retention, and I want to thank those who participated.

I shall touch on two related matters, if I may, which are not directed specifically laser-like at local government finance but which certainly have an impact on it. One of those is coming up next week—the Committee stage of the Telecommunications Infrastructure (Relief from Non-Domestic Rates) Bill, which is related to relief for fibre. It has broad support throughout the House. There are some issues that we will need to work through, but it is something that will help. Just to take Pendle as an example, it currently has only 0.05% full-fibre coverage, so that is something that Pendle and many other areas would expect to benefit from.

Many of the contributions were in the context of the north, so I should also mention the opportunities that are provided by the northern powerhouse, which is particularly the case in Lancashire. We have created a network of growth hubs—for example, Lancashire’s hub has over 3,000 local SMEs and has created more than 1,300 new jobs in its first three years. It has run in tandem with growth investment into the Lancashire local enterprise partnership. So to get the full picture, it is right that we look at those things as well, and at specific local projects. The Burnley-Pendle growth corridor, for example, has funding of £8 million for a transport and highways improvement scheme. We want to unlock growth in all sorts of ways—some through local government and some elsewhere.

I shall turn briefly to the fair funding review, which I think was not touched on. I should like to set out where we are on that review and in that cycle. It is going to redesign the way in which we determine local government’s relative needs, and set new baseline allocations. It is over a decade since the current formula was looked at thoroughly; indeed, some parts of it date back to 1991. Since then, the demographic make-up of many areas, such as those we have talked about, including Northumberland and Pendle, has altered radically. An ageing population, as the noble Lord, Lord Kennedy, said, means demand for different services has shifted within areas. We are entering a world in which local government spending is funded by local resources, as I have indicated, with business rates retention, not through central government necessarily.

The fair funding review will consider how to introduce a more up-to-date and more transparent needs assessment formula. We need to make sure that it works for all local authorities, wherever they are. Rural councils, for example, or areas which struggle with higher levels of deprivation, will have unique needs that have to be met. That has to be recognised. To get this right, we are working collaboratively with local government at every step of the way. We have a strong relationship with the LGA, with which we chair a working group, which is progressing matters. Last year we conducted a call for evidence, which drew over 200 responses. We plan to consult again soon, and we will make sure that it is a thorough, evidence-based review. It should be fully effective by 2021.

There were some specific questions from the noble Lord, Lord Beecham, to which I shall respond in writing—and I shall copy other noble Lords in. As is my customary practice, I shall ensure that a circular letter is sent around to noble Lords to pick up any points that I miss, with copies also placed in the Library.

We recognise the vital and ongoing importance of district councils. We wish to work with district councils; they are our partners, and we have shared ambitions with them. We recognise the challenges, and I fully recognise and wish to place on record the debt that the Government have to our partners in working with us to ensure that we continue to bear down on some of the costs involved while providing excellent services. There are challenges but, as I have indicated, there are mechanisms that we are looking at in terms of business rate retention and some of the specific funds and matters to which I have referred. As I say, the fair funding review will help to equalise within different councils some of the distortions that currently apply.

With that, and with the assurance that, if there are any other points that I have missed I shall certainly pick them up on the write-around, I again thank the noble Lord, Lord Greaves, for bringing this important topic to the House and airing it as effectively as he has done.

Property Agents: Registration

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 18th October 2017 Lords Chamber

[Baroness Pinnock (LD)]

The noble Lord, Lord Kennedy, has accurately listed the failings of the Government in attempting to reform the housing sector, particularly for private sector tenants and leaseholders. It is very sad to see the Minister come here with good intentions which are then not carried out by the Government. As today’s Statement demonstrates, there is a long-overdue need for serious protection for tenants. Indeed, some of the poorest families in this country rely on private sector rents for their homes. Those same people are being fleeced by others who have no regard for the welfare of their tenants. That, of course, is not representative of the entire market but there is a growing number of those sorts of landlords and management companies.

Having said that, I welcome the consultation, which has been a long time coming. I want to address two issues. First, the Statement refers to leaseholds. We all know that there has been a growing trend in property development for new builds to be sold as leasehold and for the buyer, for whatever reason—there has been quite a lot of publicity about this—to find out, often too late and to his or her considerable cost, that they have signed not a freehold purchase but a leasehold purchase. I urge the Government to move quickly to fulfil the commitment they have already made to prevent this unjustifiable burden falling on the house buyer.

The service charge is another element which affects private sector home buyers. In my area a new development has an open grass area that has not been reverted to the local authority to maintain but to a management company. The home owners in that development have had huge difficulties getting any maintenance of the shared open areas. I have first-hand knowledge of that, albeit in a small way. These people can fight their corner but, for many private sector tenants, service charges cause considerable anxiety. These people may often be on short-term tenancies and can find those tenancies ended without any redress if they raise questions about the service charges imposed on them.

I assume that the Minister will have read the consultation and therefore will be able to reassure the House that evidence will be sought on transparency over service charges and on accountability and redress, and that action will follow. If I was a private tenant, I would want to know that those three elements will be addressed. I would go further: there needs to be a right in law for a tenant to withdraw payment for a charge that is proven to be unacceptable or unjustifiable without the threat of eviction or the tenancy being brought to an end in any way. I have not read the consultation but perhaps the Minister will be able to help us on that.

Lastly, the rogue landlords register, which has been agreed, is secret and is held by councils. Councils know who these rogue landlords are. If we are truly protecting tenants, we ought to follow up on the pleas from this side of the House that that register be made open and transparent so that tenants can see before they sign an agreement whether or not their landlord is on that list. I look forward to reading the document and to the Minister’s response.

[Lord Bourne of Aberystwyth]

My Lords, I will respond to the comments from the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock. First, I was somewhat disappointed in the noble Lord, who is not generally as unfair as he was today. In fact, there was not a single question in his opening statement. There were some points, which I will certainly respond to, but the accusation that we are not doing anything is, frankly, amazing and far from the truth. I will deal with some of the particulars.

First, on banning letting fees—which, it is quite true, the noble Baroness, Lady Grender, raised some time ago—very shortly we will come forward with the draft Bill to deal with this issue. On leasehold reform—long leases and ground rent charges—consultation ended only at the end of September, to be entirely fair. We are looking at that consultation and will come forward with a response shortly, and we certainly intend to act after that response. Again, there is no doubt about that. But we cannot be attacked for consultation. It seemed to me that in the noble Lord’s statement there was a suggestion that we should not be consulting on these matters. It is important that we consult. As we have only just ended the consultation, it is somewhat unreasonable to expect a response in less than a month.

On protection of client money, the noble Lord referred, quite rightly, to the notable work of the noble Baroness, Lady Hayter, and the noble Lord, Lord Palmer of Childs Hill. We have accepted that and we are carrying it forward. It is important that we are doing that. We will consult with the sector, and I am happy to meet with the noble Baroness and others to discuss that. However, of course we are carrying that forward—we have given an undertaking on it.

I will deal with some of the other issues before I come to the Statement itself, which the noble Lord did not focus on. We are looking at a housing court and are taking that forward; the Ministry of Justice is considering that issue. We are looking at a landlord ombudsman to deal with unfair practices, and we are committed to that. Social tenants are of course already subject to the housing ombudsman, and redress is already provided for with regard to letting agents. As I say, we cannot be accused of not carrying things forward. I can understand noble Lords wanting to proceed at a greater pace than perhaps has been done but we have consulted fully and are taking these things forward.

On the part of the Statement which relates to service charges in the letting sector for both leasehold and tenanted arrangements, I thank the noble Baroness, Lady Pinnock, for her welcome of it. All the major parties here have been parts of government; if this has been so urgent for so long, one is entitled to ask why something was not done earlier. We are now carrying this forward and I hope that everybody will participate in this so that we can achieve something that is remarkable in being consensual and which takes us forward. There is much to be done, this is welcomed by all of the main letting association bodies, and, clearly, there is a need to act to provide the sort of principles that the noble Baroness was talking about with regard to transparency and redress. These are important and they will be provided for, and the questions are geared in that direction, as she will see. The consultation opens today and ends on 29 November, so it is open for six weeks, and I encourage anybody who is concerned in the sector to contribute to it. Another reason why it has taken some time to address the earlier consultations is that we had over 6,000 responses on leasehold reform and over 4,700 on letting agent fees. It is important that we go through all the points that were made to come up with a reasoned response.

Islamophobia

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 17th October 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, we and the Home Office meet regularly with police forces to discuss these issues, and that issue has not been brought to my attention. If the noble Baroness has evidence of this, I would be very happy to look at it. Indeed, if any noble Lord has such evidence, please bring it forward, and I will certainly take a close look at it.

[Baroness Pinnock (LD)]

My Lords, monitoring hate crimes is very important, but encouraging education programmes to counter hate crime is more so. Given that local government cuts have resulted in savage reductions in community cohesion programmes and young people’s services, will the Minister agree to explore ways in which more resources could be provided to enable local councils to provide those services to encourage greater cohesion and understanding between communities?

[Lord Bourne of Aberystwyth]

My Lords, local authorities do an excellent job in ensuring that organisations such as the Holocaust Educational Trust get the message across about some of the dreadful events that have happened in the past and in ensuring that community cohesion, good interfaith relations and the importance of different religions is understood in schools. That is happening very effectively, as I see on a regular basis when I visit schools and other community organisations.

Fire Safety

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Monday 9th October 2017 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I am very grateful to the noble Lord, Lord Kennedy, for asking this Question, because there is considerable concern in local authorities about funding the costs of cladding replacements. Forgive my cough; I have caught the Prime Minister’s bug. It is shocking to me that the Government are failing to take full financial responsibility for the failures of public policy, the Grenfell Tower fire being the result of those failures. I have two questions for the Minister. First, I understand that 186 buildings have failed the more stringent tests by the building research laboratories on cladding and fire safety. Will the Government publish a list of those buildings so that those of us who are concerned can see the extent of the problem? Secondly, I asked in this House on 26 June about the Government taking full financial responsibility for funding local authorities’ costs for cladding. The Minister agreed that this was an important aspect for the Government to consider. I think that he ought to consider it now and let us know that they will be funded, so that those people will be safe.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness. On her first question, I will certainly revert to her and to other Peers who have participated in this debate and put a copy of the list of the 186 buildings concerned in the Library. On cladding, I come back to the central issue, the subject of the Question, which is essential works. Essential works, which might include sprinklers or might not, will be assessed by the department on a case-by-case basis. As I say, until now we have had one completed documentation, which we have just received and which we are looking at. I do not think that there is anything unfair about that. There are five further authorities that we have asked for further information; they will, no doubt, come forward with it. Each case has to be assessed on what the fire officers are recommending and what the building owners think is required; there is no standard rule. We will look at it, but I repeat the undertaking made by my right honourable friend the Secretary of State in his letter in July that we will not stand in the way of the performance of essential work because of a lack of financial resources.

Business Rates Hardship Fund

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 19th July 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, my noble friend is right, and we are going to look at possible reforms to the rating system during this Parliament. In the meantime, the Government have been very clear—in 2016 through a package of £9 billion-worth of relief, and again in 2017, with £435 million-worth of relief—on how we can ensure that assistance goes to businesses on our hard-pressed high streets. Once again, I encourage local authorities to pass that money on.

[Baroness Pinnock (LD)]

Would the Minister confirm that one problem with implementing the business rates relief is with the IT software provided to local councils by private suppliers? Secondly, he will be aware that this grant system is over a four-year funding regime that tapers towards the end of that period. Is he willing for there to be flexibility in the year-on-year funding—in other words, if there is underspend one year to push it over into the next year—so that businesses do not lose out?

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness raises a variety of issues. The issue about software relates to just the small business rate relief; it would not apply to the discretionary relief so is not an issue there. My honourable friend the Minister, Marcus Jones, contacted software providers yesterday to indicate that we expect them to ensure that bills are reissued by 21 August. In relation to points made earlier about a further month, I think that is fair. On the issue about the system in relation to the other relief package, clearly it is important that that money is passed on. We seek to ensure that that is done. I will write to her about flexibility, but that seems a fair point within the package. At the moment, the important point is that local authorities have the allocations and they should pass on that money.

Grenfell Tower: Rehousing Update

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 5th July 2017 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I too thank the Minister for repeating the Statement and for keeping the House so well informed about the consequences of this disastrous and tragic fire. Although shamefully delayed, I am encouraged that the Government are now recognising the scale of the disaster, which, as the Minister himself has said, was wholly avoidable. It is also positive that the council leader of the Royal Borough of Kensington and Chelsea has resigned, as called for last week by several Members of your Lordships’ House. I am pleased that the newly elected leader has acknowledged the council’s failings, which clears the way for others to step in and provide it with the support it obviously needs. The Government have announced how they intend to do that through the task force.

The Grenfell residents who survived the fire have lost their homes through no fault of their own. It is therefore right that the wishes of the residents in seeking new accommodation are paramount, so that they can begin to settle into new homes. They must be given time and support in making their decisions. Many families will wish to remain in the area, which is the one they know, so that their children can continue to attend the same school and families can remain with the local general practitioner. Will this be the case? The Minister seemed to confirm that in the Statement, but it is not clear what kind of distances residents will be expected to travel in order to retain their links, and perhaps will rely on even more given the tragedy they have been through. What is the distance or length of time for travel the Government consider is acceptable to residents from their new accommodation to schools, GPs and so on?

I want also to ask about ongoing mental health support, in particular for all the children who have been through this awful experience. If residents choose to move well away from Grenfell Tower, as I can imagine some may well wish to do, how will support move with those families? It would be awful if people move, perhaps even away from London, but still need support to get through this difficult time. Given the reason for rehousing, is the Minister able to reassure residents that every new unit of accommodation on offer will have been given a thorough fire safety check before anyone is asked to consider moving? It is the kind of reassurance that I would seek if I had been through even part of what the Grenfell residents have experienced.

Finally, I understand that yesterday the Secretary of State at DCLG, when speaking to the Local Government Association, claimed that as a result of the Grenfell Tower fire there was a crisis of trust in local government as a whole. I would say to the Minister that the crisis of trust is in only one council—the Royal Borough of Kensington and Chelsea. A comparison that I would draw to his attention is that of the amazing response by Manchester City Council to the terrorist attack earlier this year. Equally in that case, there were many casualties and the need to co-ordinate an instant response. As a country, we will not learn the lessons from this tragedy if the Government or anyone else attempts to put the blame on a single institution. Across government, local government and public services in general, we all need to learn the lessons so that this awful and avoidable tragedy can never be repeated.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, very much for their contributions. I shall first take up the points raised by the noble Lord, Lord Kennedy. I agree with him: the response on the ground we have seen from gold command, the local authorities, central government and the emergency services was absolutely awesome, and from voluntary and charitable bodies. There is no doubt of that.

I thank the noble Lord for the welcome of the recovery task force that has been announced, as he rightly said, by Written Ministerial Statement. On the specific issue he raised of the art therapy group, if he has further details of that—it is the first I have heard about it—I would be happy to look at that and to get officials to look at it. He is absolutely right that this should not be happening. At a time like this we need added sensitivity, not a lack of it. I shall certainly follow that up, but as I say, I know nothing of it.

I have not heard that this is the case, but if anyone feels that they are not being dealt with properly regarding some of the housing offers, again, there is the Westway centre, which is staffed by the people I just referred to—local authority members and central government, with assistance from voluntary and charitable bodies. They can go there. There is a victim support unit there. There is a family and friends centre at Holborn. Again, if any noble Lord has any details of anything they would like me to follow up I am happy to do that. I thank him very much indeed for the welcome he gave to Elizabeth Campbell, the incoming leader. I agree that she will want to work with other councillors across the piece. I am sure that is what she will do.

Turning to the questions from the noble Baroness, Lady Pinnock, I once again thank her very much indeed for her positive response. The challenges are daunting across many areas, some of which on housing were specifically dealt with by this Statement, but there are many much wider than that. The wishes of residents relating to temporary accommodation and, indeed, permanent accommodation are paramount. We are trying to meet the needs and wishes of residents because of the massive need for sensitivity. That is what is governing this. That is why the process may take some time because the trauma means people will initially feel they want to go back to where they lived and then, giving it more thought, think that is perhaps the last thing they want to do. Understandably, people do not want to rush a decision on something such as this, hence staying in the emergency accommodation of the hotel. As I think has been indicated—I shall restate it—there is no rental charge for the emergency accommodation or the temporary accommodation. There is no charge on that at all.

The noble Baroness asked about links with GPs and schools where appropriate. Clearly, that is something that will influence the residents concerned. As she indicated, often it may be a question of distance or at least the time travelled, but not always. Someone may be travelling to work or something in a particular area, so it has to be judged by the individuals concerned. Once again, we are taking our leads from the individuals concerned.

The noble Baroness asked about mental health support. Again, that is certainly being provided for bereavement and more widely through the Westway centre. I thank her for her comments about people who may move away to be with relations or who may want to move out of the area completely. It is important that we do not drop the ball in relation to mental health, so I will make sure that point is followed up, as I am sure everybody wants it to be. Fire safety checks are being done on new accommodation offers. I can confirm that; obviously it is central.

On the Secretary of State—my boss—I can say only that he has been working tirelessly on this. He knows the important role of local authorities and the good work they did. The noble Baroness referred to the Manchester terrorist attack. I went up there during the election campaign when the dreadful attack happened. She is absolutely right that it was the best of British public services, voluntary services and individuals all coming forward. I can confirm that that has uniformly been the case. I thank her very much for her point on mental health, which we will certainly follow up.

Update on the Grenfell Tower Fire and Fire Safety

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Monday 26th June 2017 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I start by declaring my interests as a councillor elected in Kirklees and as a vice-president of the Local Government Association. I join with what has already been said in tribute to both the fantastic work of the emergency services on the night and to the ongoing support that has now been put in place by a combination of charities, faith groups, community groups and finally—although too late—the Government and local government. I have three major areas of concern following the Grenfell Tower fire.

The first area is that of care for the victims of the fire. The initial co-ordination of this huge and probably preventable catastrophe was a fiasco. As I said in this House last Thursday, accountability in the political process is absolutely vital if we are to retain trust between those who are elected and those who are represented. I called for the leader of the council in Kensington and Chelsea to take responsibility for the fact that 79 people have died in a council building on his watch. I cannot believe that a leader elsewhere in the country would not have resigned by that point. I repeat my call of last Thursday and I trust that some Members on the government side will talk to the leader and urge him to take responsibility.

A second element in the area of care for the victims is the co-ordination of ongoing support for them. I understand that the Government are implementing the Bellwin scheme, which provides recompense to councils and other authorities for the emergency costs of the work they do. That is positive, but I am concerned about the work that they ought to be doing to support the children who have been involved in this awful trauma. They are a particular concern of mine because of my interests. Are their welfare and ongoing education needs going to be well supported for a very long time, because that is probably what they will need?

My second major area of concern is that of prevention, referred to by the Minister in the Statement. What we absolutely must ensure is that there are no other buildings where further loss of life could take place. My understanding is that all building materials have to be passed by the British Board of Agrément, which determines whether the materials are fit for purpose and how they can be used. I have not heard in any of the statements in either this House or the other place whether this is the case for the materials referred to by the Minister; that is, the aluminium cladding. I would welcome an answer to that point.

The second element in the area of prevention is that I am particularly concerned about schools. I am a governor of a school which should be opening in September. It is being built through the government scheme. As I speak it is being clad and does not have a sprinkler system because the requirement for such systems in schools has been removed. No doubt the Minister will not be able to respond, but a number of schools are currently being built around the country. Will they have sprinkler systems put in and will the cladding be checked?

My third area of concern is that of costs. We have heard that the emergency costs are to be covered by the Bellwin scheme, but we expect that cladding which fails the checks will have to be replaced. Who is going to pay for that? If there are some 600 tower blocks, numerous schools and some hospitals which did fulfil the building regulations but latterly discover that the cladding material is combustible, who will fund the enormous cost of recladding those buildings? I doubt whether cash-strapped local authorities will be in a position to fund replacement cladding, and similarly I doubt whether the NHS will be able to meet the cost of recladding buildings. It is not responsible in the sense that, if the building regulations were complied with, in my view the costs ought to be met by the Government.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their contributions and I acknowledge, as I think I did in the Statement, the importance of the role played by the emergency services. They were truly heroic and the events demonstrated in a very graphic way how much we owe to them on a continuing basis. Of course, as has also been said, the response has not been limited to the emergency services, although their role was extraordinary. I was reading this morning about a young Latvian-born Russian man who went five or six floors up into the tower to rescue people. The human response was extraordinary, while the continuing response of charities and faith organisations has also been first class. The noble Lord, Lord Kennedy, mentioned Barry Quirk, Eleanor Kelly, John Barradell and indeed the work of many London boroughs which have contributed massively since Kensington and Chelsea, as it were, stood down. Their response has been extraordinary too. Elected representatives are responsible and should be held accountable, and that is a matter for them to consider, but I certainly hear what has been said by both the noble Lord and the noble Baroness.

Let me deal with some of the specifics that were mentioned: I shall start with the victims, then move to costs and shall try to pick up some of the other points that were made. As I indicated in the Statement there is a Grenfell Tower victims’ unit which looks at many things through the medium of the Red Cross, with the funding assistance I have just mentioned, and a hotline. It is helping with advice on health, education and finance. Many of these people, it has to be recognised, do not speak English, so language support is being offered as well, for the various languages that are necessary: it is quite right that that should happen. There is counselling, including grief counselling and counselling to deal with the dreadful situation there.

On the cost, first, one should not ignore the significance of the Bellwin scheme. It has been used on many occasions, such as the Buncefield disaster, floods and so on. After 0.2% of the authority’s budget—in the case of Kensington and Chelsea, £300,000 is not significant in terms of that budget—the other money is supplied by the Government within the scheme, up to 100%. One should not ignore the significance of that: it really is important, it is in place already, as I understand it, in relation to Grenfell Tower, and in relation to Camden, it will obviously be utilised. On top of that, primary responsibility, of course, rests with the landlord of the relevant body, whether that is public sector or private sector, but of course we recognise that there is a cost here. The most important thing is the safety of individuals. That is something we want to stress and we will obviously be talking with local authorities about the cost. At the moment we do not know what that cost will be: even in relation to the 75 examples I cited of non-compliance, it is not necessarily clear that removing the cladding will be necessary overnight, as it were. We just have to look at how that is to be taken forward, but I recognise the importance of the point; of course, I do.

The general, broader point about social housing is well made. We know that many of the authorities concerned are of all parties, I think, and all parties have to look at how we address this on an ongoing basis. There are certainly lessons to be learned there. The noble Baroness mentioned prevention—I do not think the noble Lord did, but it is clearly an issue that needs looking at. Fire safety checks on cladding and so on are needed, not just on residential buildings but on all buildings. We have already put in place a system for the NHS and for education, but of course in the private sector there will be office buildings and so on, which while perhaps not as urgent as residential buildings will still need to be looked at. I know that some hotels—Premier Inn, for example—have stated that they will be removing cladding. So the private sector needs to look at this too and there are many issues to be looked at.

The sprinkler situation has been mentioned. Residential blocks above 18 metres since, I think, 2007, need sprinklers. That raises the question, clearly, which I think the public inquiry will certainly want to look at, that if it is right for them, what about retrofitting other buildings within that system? I would be astounded if, when we see the terms of reference, that is not part of the inquiry. Those terms of reference will be discussed not just with tenants and representatives of tenants of Grenfell Tower but with the chairperson of the inquiry. Those matters need to be looked at too.

Once again I thank the noble Lord and the noble Baroness for the genuinely consensual way that they have been seeking to move this forward, which I am sure is the right way. I think that certain statements made elsewhere are unhelpful, but this is a national position which we have to deal with in a national, consensual way. I do not think that victims would welcome any other approach than the one that has been demonstrated today.

Local Government: Women in Leadership Roles

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 8th March 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, my noble friend is certainly right with those statistics. The £20 million annual budget to deliver a range of programmes offering support and assistance to local government through the LGA includes specific measures accentuating opportunities for women. For example, in October 2016, a “Be a Councillor” event was geared particularly towards women and as a result we now have more women councillors.

[Baroness Pinnock (LD)]

My Lords, the theme of this year’s International Women’s Day is “Be bold for change”. I would welcome the Minister’s commitment to be bold for change, not just by giving some money to the LGA to encourage more women to become councillors but by being proactive in encouraging more women to be council leaders. Until 50% of councils are led by women, we should not be satisfied. Does he agree?

[Lord Bourne of Aberystwyth]

My Lords, across the range I agree. All political parties have a part to play in this. If we look at representation in Parliament, the noble Baroness will be aware that in the general election the Liberal Democrats did not elect a single woman MP. That has now improved: they have one. We all have a part to play; certainly the Government do. Political parties have a part to play, as do private industries. All of us together need to improve the position in public life and private life.

Surrey County Council: Financial Issues

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Wednesday 8th March 2017 Lords Chamber

[Baroness Pinnock]

Well, what a fine mess somebody has got us into. Here we are, as has been described, with phone calls from a car to the Secretary of State—not even a meeting. Whatever the Minister believes, certainly the leader of Surrey County Council believes, as I have seen and listened to today on YouTube, that there was a gentlemen’s agreement—on International Women’s Day. Does the Minister agree that subterfuge of this sort undermines the essential prerequisite of trust and confidence that has to exist between local government and central government? Will he ensure that the Secretary of State comes clean on this gentlemen’s agreement and reveals all the other secret deals done with Conservative-run councils?

[Lord Bourne of Aberystwyth]

My Lords, let me restate—indeed, this was confirmed by Councillor Hodge yesterday—that there is no deal. There was never any question of special arrangements for Surrey; it is subject to the same rules as every other local authority. It can apply for consideration for the business rates retention scheme for 2018-19; it may wish to do that or not—I do not know—but it is open to that authority as it is to all authorities, whatever their political complexion. That is the position.

Tees Valley Combined Authority (Functions) Order 2017

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Thursday 2nd March 2017 Lords Chamber

[Baroness Pinnock]

On a separate point entirely, I asked earlier in the debate whether a specific scrutiny system would be established for the development corporation. If it is successful, as I hope it will be, it will make a huge difference to the area. A scrutiny system should be set up to investigate what decisions are made and how.

[Lord Bourne of Aberystwyth]

My Lords, I will write in full on the issue of the consultation and on the points made by my noble friend Lord Eccles— which are somewhat different from those raised by the noble Lord, Lord Kennedy—about the geopolitical nature and history of the area. I apologise to the noble Baroness: she has indeed raised the question of scrutiny at least twice, and I will write to her on that. A scrutiny system is certainly in place. Whether it operates across the whole combined authority or is specific to the strategic development corporation, I am not sure, but I will write fully to her on the issue.

I commend the order to the House.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Committee: 1st sitting (Hansard): House of Lords
Tuesday 31st January 2017 Grand Committee

[Lord Bourne of Aberystwyth]

I thank the noble Lord for that intervention. I do not have those facts in front of me but I shall endeavour to see if we can provide that information in the letter that I have promised to noble Lords. If the information is there, I will gladly supply it.

We should also be clear that the rules on call-ins were made in 2008, ran throughout the last Government and into this Government. The suggestion that this is somehow something new is wrong. I am also happy to circulate the parliamentary Statement that contained those rules to Peers who have participated. I accept that the amendment tabled by my noble friend Lady Cumberlege and the noble Baroness, Lady Pinnock, acknowledges that there are issues of national significance. We can all think of examples of compliance with climate change policies, world heritage sites, green belt and so on. So I would have to take issue with the idea that a call-in is never appropriate, which I think one or two noble Lords got close to saying. When we look at planning, there is always room for and, indeed, an importance to a national dimension. This is what we are seeking to preserve.

I was asked once again about the neighbourhood planning Written Statement. I will also circulate this so that noble Lords have it in relation to the three-year supply of deliverable housing sites. This Written Statement, in the name of my honourable friend the Minister of State for Housing and Planning in another place, Gavin Barwell, indicates:

“The Government confirms that, where a planning application conflicts with a neighbourhood plan that has been brought into force, planning permission should not normally be granted”,


provided that,

“the local planning authority can demonstrate a three-year supply of deliverable housing sites”.

I am putting this in a shorthand form, but I will ensure that it, or the link, is circulated to those who have participated in the debate.

[Baroness Pinnock]

I thank the Minister for that clarification. However, what I was seeking to understand was whether the three-year supply referred only to where a neighbourhood plan was in place or whether it would be for the whole of a local plan. If that is not the case, we have a serious discrimination between those areas—often rural areas, at the moment—with a neighbourhood plan and those without. For one, a three-year supply would be sufficient; for another, a five-year supply is required.

[Lord Bourne of Aberystwyth]

I confirm that it applies only to neighbourhood plans. It is just one other reason that it is very good to have a neighbourhood plan in place. I do not see anything inconsistent in that. If we are strong believers in neighbourhood plans, that is quite appropriate.

[Baroness Pinnock]

How can that be fair?

[Lord Bourne of Aberystwyth]

I will cover the point in the letter but I am sure that it is the case, as I indicated, in the Written Ministerial Statement—it was on 12 December 2016—that this is in relation only to neighbourhood plans.

If I might proceed, the Government are equally clear that we must allow those taking decisions, including the Secretary of State, to do their job and exercise their judgment when considering the planning merits of the case before them and the evidence for and against an appeal. By the way, the Secretary of State does not necessarily have to uphold the decision of the inspector in this regard. That does not necessarily follow. This provides the necessary flexibility that is at the heart of our planning system, which the amendment, if accepted, would remove. For these reasons, I ask the noble Lord to withdraw Amendment 5.

Turning to Amendment 20, tabled by my noble friend Lady Cumberlege and the noble Baroness, Lady Pinnock, we place great importance on local development plans. They provide the local community’s vision of how it sees its area developing. It is right that they should be given the weight they deserve within the planning appeals process. As I have said, where a development plan’s policies are material to an appeal, a decision must be taken in accordance with the development plan, unless material considerations indicate otherwise. This does not mean that a planning appeal that is not in accordance with the local development plan will always be dismissed. It means that the appeal should not normally be allowed and that planning permission should not normally be granted. However, we cannot, and should not, fetter appeal decision-makers by requiring them to dismiss appeals that are contrary to the development plan. Instead, we must allow planning inspectors to do their job and exercise their independent judgment.

Significantly, planning appeals can be made in a number of circumstances, not just when a planning application is refused. They can also be submitted when a planning application is not decided within the statutory timescale or if conditions the applicant deems unreasonable are imposed on a grant of planning permission. If accepted, the amendment could affect these appeal rights. An applicant who was refused permission would not have their appeal heard in certain circumstances because the amendment would require it to be dismissed. This is not acceptable. In conclusion, I ask my noble friend to not move her amendment.

Homelessness

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 31st January 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank the right reverend Prelate for his contribution. As I have indicated, the housing White Paper is due shortly and will deal with different tenures. The Homelessness Reduction Bill, which will proceed through your Lordships’ House shortly, is an opportunity to discuss this issue. We are, however, giving increased security of up to 56 days.

[Baroness Pinnock (LD)]

My Lords, Homeless Link has estimated that 86% of those sleeping rough have had, or are currently dealing with, mental health issues. What, in particular, will the Government do to help people suffering from both homelessness and sleeping rough?

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness is right about that mental health challenge, and it goes back to what I said about rough sleeping and homelessness being a complex issue. We discuss this with other government departments and with the charitable and voluntary sector, as part of a ministerial group chaired by my honourable friend Marcus Jones in another place. She is, however, right to highlight that issue and we are looking at it.

Business Rates: High Street Retailers

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 17th January 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is quite right that there needs to be a mechanism to correct that. He is probably aware that we have introduced a Local Government Finance Bill in the other place, where no doubt such matters will be discussed at greater length.

[Baroness Pinnock (LD)]

My Lords, does the Minister agree that major online retailers pay considerably lower business rates on their very large warehouses, which puts them at an unfair advantage compared with high-street retailers? What do the Government intend to do about it?

[Lord Bourne of Aberystwyth]

My Lords, I think the noble Baroness is aware—it is the essence of her question—that, of course, all businesses pay business rates. Larger businesses tend to pay larger business rates. We have focused our reliefs, and the transitional relief which I have just touched upon, on ensuring that smaller businesses have the type of relief that is needed—and much earlier.

Local Government Finance Settlement

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Thursday 15th December 2016 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I declare my interests as a local councillor in the Metropolitan Borough of Kirklees and as a vice-president of the Local Government Association.

I am rather relieved today that I am not on the Government’s Christmas present list. The Government’s Christmas presents are ones you pay for with your money, not theirs. A clearer, more transparent picture of today’s Statement is this: the Government, in the four-year deal to local authorities, are slashing the grant they give to local government by 56% over the planned period. This, of course, has a disproportionate impact on those councils that, because of need, rely more heavily on government grants to provide the services that the Government demand of them. The effect so far has been that council spending has, for the majority of councils, fallen like a stone. Some spend 44% less on all services, excluding schools, than they did six years ago. An average metropolitan council serving 400,000 people spent £377 million in 2010 and £257 million this year, according to an analysis of figures by the ONS. The consequence is that hard-pressed councils have even had to cut services to vulnerable adults and children. A crisis has ensued. Care homes are closing down and the impact on the NHS is there for all to see. The Government’s response in this time of good will is to give local authorities their own money and label it a social care grant. The funding has been taken from the new homes bonus and redistributed. No doubt there will be winners and losers, and it will be no surprise to me if the winners are those who need it least.

The Government have given local authorities not one but two presents this year. The second present is to allow councils to collect and raise the Government’s social care tax—so those who are just about managing will be even more hard pressed. Worse still, this largesse from the Government does not do any more than apply a sticking plaster to the gaping wound that is social care, while the patient is bleeding to death. Local figures tell the story better than the national ones. In Kirklees Council there is already a funding gap of £12 million in adult social care because of rising demand. The social care tax of 3% will provide £3.3 million of extra funding, but there will still be significant cuts to be made in social care services.

The new homes bonus reallocation provides no new funding; it is just reallocating and relabelling the same money. What is given is also taken away. Existing new homes bonus funding is being used to prop up libraries, parks and road repairs. These services will now be even worse off, so outlook is bleak for many councils, and there is not much seasonal good will there.

Does the Minister believe that the scale of the crisis in social care requires more than two years of a 3% tax rise to meet existing needs? If not, how does he anticipate plugging the remaining gap? Will he discuss with his colleagues the potential to bring forward increases to the better care fund which are planned for 2020, so that the integration of health and social care can be accelerated? Can he explain how those families that are just about managing will manage the 6% rise in council tax imposed by the Government? Does he expect all local authorities to survive intact under the burden of these pressures?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their contributions. I will try to answer the questions that they have asked. First, as I have indicated, councils and councillors perform an incredible job with great success—their approval ratings make other levels of government envious of the extraordinary work that they do. I must take issue with the basic thesis that the Government have not answered the call for additional needed money for adult social care. This is additional needed money for adult social care, as I was at pains to announce today, recognising the problem with £900 million additional funding over two years. It is more than the 3% precept: it is £240 million in the next year specifically earmarked for social care spending and that will be allocated according to the fair funding formula for those in the greatest need. That is something that we should welcome.

In addition, I was at pains to point out that the fair funding review that is going forward will help in this direction. I indicated that my right honourable friend the Secretary of State will be making a report back to the House next year, and that will no doubt be reflected in your Lordships’ House too. Meanwhile, now that we have announced additional money, the health and social care integration that is going on and that will be completed by 2020 has in excess of £6 billion to help with health and social care integration, which is key to dealing with this problem. As I indicated, this is not just about money. Clearly, money is central, but it is not the only factor. I repeat that there are authorities across the political divide performing much better than others. We are available to provide information to authorities on the best-performing authorities, so that that information is more widely available.

We recognise the issue that needs to be addressed, and I think we are addressing it. We have consulted on the changes in the new homes bonus, which were referred to. This is not something that has happened out of the blue—it was consulted upon. It is sharpening the incentives; it is not stopping the new homes bonus but introducing a floor at 0.4%. It is scaling down the legacy changes, but authorities will continue to benefit from this. Meanwhile, the savings have been specifically channelled into helping to address the problem in the area correctly identified by the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, as needing attention. I would have thought that that was to be welcomed. I think this provides cheer to the sector, in recognising that we are addressing the urgency of the situation with additional money in the way that I have expressed.

Casey Report

Debate between Lord Bourne of Aberystwyth and Baroness Pinnock

Tuesday 6th December 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

First, I thank the noble Lord for his general welcome for the report. Secondly, I will answer his question specifically in relation to the English language. He is right that the English language is key to many of the features of integration. Those who have English language skills are more likely to get jobs and feel integrated. Obviously, we will take our time to respond to this report, but I have seen the impact of English language classes, very recently in Bradford and in the East End, particularly for women from some of our religious communities who may be excluded or have difficulty getting a job because of poor language skills. So I join the noble Lord in saying how important it is—and no doubt it will be a focus of our response.

[Baroness Pinnock (LD)]

My Lords, I welcome very much the report that Dame Louise Casey has produced because it provides us with much that is challenging about critical issues on which we must think. However, does the Minister accept that there are dangers in generalisations and in the stereotyping of communities, particularly Muslim communities? Does he agree that stereotyping in this way—and sometimes stigmatising—can be counterproductive to the aim of integration? Does he accept that the majority of Muslims in our community do integrate and do play a full role in the life of our society?

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness is absolutely right, and I have no doubt that Dame Louise Casey accepts that as well. It runs through her report that there are dangers of stereotyping. The noble Baroness was right to mention Muslim “communities”, because there are many different shades of Muslim belief and it would be wrong to treat them as homogeneous. There are dangers of stereotyping. Dame Louise Casey makes some very good points about the fact that the great majority of people do feel integrated into our society, specifically those of the Muslim religion—I have fallen into my own trap and categorised them together—who feel 91% integrated into Britain according to a recent poll. There are very good examples of them helping other communities; Dame Louise Casey cites, for example, Muslim youths from Bradford going to help in Carlisle when we had the floods late last year and early this year, and there are many examples like that. There are very broad lessons there about successful integration. The challenge is to ensure that the remaining few are fully integrated into our society.